1. Types of Information Collected
- a. Contact Information. When you use the Website or sign up for the Services, Cherry Servers may collect certain contact information from you, such as your first and last name, organization name, city, state and zip code, email address, and phone number (collectively, "Contact Information"). When purchasing Services, you will be required to provide additional information that may include a credit card number or other banking or payment information ("Billing Information"). This information is required by Cherry Servers to verify your identity, to establish your company’s account, and set up your Services. Generally, the Contact and Billing Information will be PII.
- c. Service Information. In order to provide Services to you and to improve its Services, Cherry Servers may collect information that is created or provided by you In connection with your use of the Services (collectively, "Service Information"), including order information, chat logs, email logs and information about your actions in various client areas on the Website. Service Information may include information that is PII. We use Service Information to market our Services to you in a more personalized manner.
- d. Third Party Information. We may obtain information about you from other sources and add it to your account Contact Information. This combined information may be used by Cherry Servers to enhance our ability to provide Services to you, to ensure that we are paid for Services, to advertise or market our business, and to tailor offers, promotions, etc. Thus, for instance, if you provide us with your email address, we may send you emails informing you about Cherry Servers services, products, offers, promotions and partnerships. The third party information may include information that is PII.
2. Use of Information Collected
2.1. In addition to the internal uses described above, Cherry Servers uses collected information in the following ways:
- a. We will use your Contact and Billing Information to provide you with access to the Services you have ordered, as well as support services, technical updates or updates on changes in Cherry Servers' usage policies. Cherry Servers may also use your Contact Information to send you company updates and marketing offers when permitted by law or when you have agreed. If you are not a customer of Cherry Servers, Cherry Servers will use your Contact Information only for the purpose for which such information was provided . For example, if you have signed up to receive product information from Cherry Servers, we will use your Contact Information only to send you that information.
- b. Cherry Servers stores and uses Service Information for the purpose of conducting business with you. Cherry Servers' use of the Service Information is also governed by the agreement you enter into with Cherry Servers in connection with the Services (the "Services Terms"). Please refer to the Services Terms for specific provisions concerning confidentiality and data protection. In the event of any conflict between this Policy and the Services Terms, the Services Terms will control.
- c. Cherry Servers may use third party service providers to serve advertisements on our behalf across the Internet. These service providers may collect your IP address and non-personally identifiable or de-identified information about your visits to the Site in order to serve Cherry Servers advertisements, while you are visiting other sites. Such non-personally identifiable information is anonymous or de-identified and does not reflect your name, address, e-mail address or other personal information; however, your IP address may be collected by such service providers.
- d. The Website may provide you with opportunities to post comments and identifying information, such as the Cherry Servers Blog. When you post comments in a discussion, this information may appear in public ways, such as through search engines or other publicly available platforms, and may be "crawled" or searched by third parties. Please do not post any information that you are not comfortable revealing to the public at large.
2.2. We assure you that we process your personal data only on legitimate basis, i.e. your personal data is collected and processed only:
- a. When you order our services – Cherry Servers process your personal data on contract basis;
- b. When you create personal account on Cherry Servers Website, we process your personal data in order to take steps prior to entering into a contract;
- c. When you give your consent to process your personal data;
- d. When applicable laws oblige us to process your personal data.
3. Retention of personal data
- a. Your personal data are processed as long as it is necessary to provide Services to you but not less than we are obliged to process your personal data by applicable law. Your personal data, processed by us on basis of your consent, is processed and stored until you withdraw such consent.
- b. We may retain your information after it is no longer necessary to provide Services to comply with the law, prevent fraud, resolve disputes, troubleshoot problems and to comply with other legitimate obligations.
4. Disclosure Of Information
- a. Cherry Servers uses third party vendors to perform certain business-related functions. Examples of such functions include data storage services, database maintenance services and payment processing. When Cherry Servers employs such third party vendors to perform services on its behalf, Cherry Servers will only provide them with access to PII that they need to perform their specific function. Each third party vendor is required by contract to keep such PII confidential and not to use it for any purpose other than providing services to Cherry Servers.
- b. Cherry Servers may share PII with entities that are controlled by or under common control with Cherry Servers (each, an "Affiliate") for the purpose of assisting Cherry Servers in providing its Services to you. In that event, any such Affiliate will use PII solely as permitted under this Policy.
- The Cherry Servers API (see https://my.balticservers.com/api-doc/) enables users to provide PII directly to third party applications and services. Please be informed that when you sign up for the Cherry Servers API, your PII may be disclosed to third parties as contemplated by the Cherry Servers API service.
- d. Cherry Servers may disclose PII if required to do so by law or to comply with a legal obligation, or if it believes in good faith that such action is necessary to: (a) protect the rights or property of Cherry Servers or (b) protect the property or safety of (i) users of the Website or the Services or (ii) any third party. If Cherry Servers is required by law to disclose any of your PII, we will use reasonable efforts to provide you with notice of that disclosure requirement, unless we are prohibited from doing so by statute, subpoena or court or administrative order. e. Cherry Servers reserves the right to sell its business or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, PII may be part of the transferred assets. You acknowledge that such transfers may occur, and that any acquirer or successor of Cherry Servers may continue to use your PII as set forth in this Policy.
- e. If we decide to engage advertisers to promote our products and services, the advertisers and their advertising networks may require anonymised personal data to serve relevant adverts to you and others. We will never disclose identifiable information about individuals to advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help our advertising partners provide a tailored and targeted campaign, relevant for a sub-section of our users (for example, women in Lithuania). In some instances we may use personal data we have collected from you to enable our advertising partners to display their advertisement to their target audience.
Cherry Servers maintains industry-standard physical, electronic and procedural safeguards designed to protect data in our possession from loss, misuse, and unauthorized access. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no method of transmission or method of electronic storage is 100% secure. We regularly test and update our technology to help protect your data. However, such precautions do not guarantee that our Website or the data stored during your use of the Services is invulnerable to hacking and will not be subject to a security breach. Cherry Servers makes no warranty, guarantee, or representation that the Website or the Services are or will be protected from all viruses, security threats or other vulnerabilities or that your information will always be secure.
6. Links to Other Sites
For the convenience of our visitors and customers, the Website may contain links to other sites, such as those of our partners or vendors, which are subject to different privacy policies. The Policy will not apply to your use of other websites. While we generally try to link only to sites that share similar high standards and respect for privacy, we have no responsibility or liability for the content, products or services offered, independent actions, or the privacy and security practices employed by these other independent sites. We encourage you to ask questions and review the applicable privacy policies found on such other websites, services and applications to understand how your information may be collected and used on these independent sites before disclosing information to third parties.
7. Children’s Privacy
Cherry Servers does not knowingly collect any personal information from children under the age of 18. If you are under the age of 18, please do not submit any personal information through the Site. If you have reason to believe that a child under the age of 18 has provided personal information to Cherry Servers through the Site, please contact us and we will use commercially reasonable efforts to delete that information.
8. Updates, Questions and Complaints
- a. You may update or delete PII in our database (including Contact and Billing Information that you have provided to us) by contacting us at email@example.com. If you delete information, we will only retain such copies of the information as are necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, or enforce any agreement you have entered into with us.
- b. You may submit a complaint about the way your PII is stored or processed by contacting us at firstname.lastname@example.org. However, if your PII storage is terminated, further service provisioning might become difficult or even impossible.
- c. You can request Cherry Servers to provide you with a) your PII that is being kept at Cherry Servers, b) information about your PII retrieval sources; c) information about the purpose of keeping your PII; d) information about what recipients, if any, might have been given information about your PII within the past year. Also, you can submit any questions or complaints regarding your PII storage and usage by contacting us at email@example.com. You will be given with requested information after your identity is verified.
- d. Upon your request you will receive information associated with your PII, as stated in item 7.3, in written form within 30 calendar days. You can get such information free of charge once a year.
- e. If after you have received your PII you noticed any discrepancies, you can submit a written request to us to revision your PII. After such request is submitted we will make necessary amendments to your PII and(or) we will stop any data processing operations associated with your PII, with an exception of PII storage, within 5 business days since your written notice.
- f. If after getting acquainted with your PII you ascertain that your PII is being processed illegally and(or) improperly, you have a right to make a written request for us to review your PII. After you submit such a request we will delete all of your PII that is being processed illegally and(or) acquired improperly, or we will stop any data processing operations associated with such PII, with an exceptiono of your PII storage, within 5 business days since your written notice.
g. You have the right to request to erase your personal data or account. Your personal data will be erased upon receipt of your request. We may however retain certain aspects of your profile and other personal details for the purposes of maintaining records of applicable laws implementation . Your personal data will not be deleted from our database if, upon receiving your request, we will determine that:
- - your personal data is needed to achieve the purpose for which it was collected or processed;
- - consent you gave for processing of your personal data is not withdrawn;
- - you did not agree with your personal data processing, but such processing is necessary because of our legitimate interest;
- - processing of your personal data is subject to European Union and/or national legislation.
- - we need to process your personal data for establishment, exercise or defence of legal claims.
h. You have the right to restrict processing of your personal data. After such restriction we will no longer take any action other than personal data storage. You may restrict processing of your personal data in any of the following circumstances:
- - your personal data is inaccurate (personal data processing actions in this case will be restricted for a period enabling us to verify the accuracy of the personal data);
- - your personal data is processed unlawful, but you do not agree to delete your data;
- - your personal data is necessary for the establishment, exercise or defence of legal claims.
- - you have objected to processing your personal data. Personal data processing actions in this case will be restricted for a period enabling us to verify whether the legitimate grounds of us override those of you.
- i. You have right to data portability. Right to data portability means that you have right to receive information concerning your personal data, which you have provided to us, in a structured, commonly used and machine-readable format. In case of technical capabilities, and upon your request, such data may be forwarded directly to another person specified by you.
- j. You can withdraw your consent at any time by contacting us using the contact details in paragraph 9 below.
- k. If you think that your rights have been violated, you may contact State Data Protection Inspectorate.
- l. Cherry Servers requests that anyone with information about a violation of its Terms of Service report it by sending an email to firstname.lastname@example.org. Notice of alleged copyright and trademark infringements should be sent by email to that address and in writing to our corporate office. The address is: Cherryservers.com, UAB Cherry Servers, Tilzes str.74, Siauliai city, Lithuania."
a. You may submit requests for processing your personal data in the following ways:
b. We identify you by personal data, which you have provided to us when you signed up for the Services. When you submit your request always provide your personal details. In other case we will not be able to identify you properly and submit the information requested by you or to fulfil your request.
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