Last Updated: 1st June, 2020
Generally speaking, we receive and store any information you enter on our website or give us in any other way. We use the information that you provide for such purposes as responding to your requests, providing our services (e.g., domain name registration, DNS hosting, privacy services, etc, together “Services”), and communicating with you.
Each section details important information regarding the use and disclosure of your data in conjunction with the Service you have chosen to use.
INFORMATION WE COLLECT
USER PROVIDED INFORMATION:
We collect information you provide when choosing to participate in various activities on the website, or in obtaining a Name.com Service. Such information may include Personal Information. Personal Information includes data such as: your name, address, telephone number, email address, and other data collected that could directly or indirectly identify you.
For a list of all the cookies we use, and their uses, please see this cookie list.
LOG FILE INFORMATION:
When you use our website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
THIRD PARTY LINKS:
We may share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist us in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the website.
THE WAY WE USE INFORMATION
WEBSITE USERS INFORMATION
If you submit personally identifiable information to us through the website, then we may use such information to operate, maintain, and provide to you the features and functionality of the website, including, when applicable, sending you information.
Any personal information or other content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others, including Name.com, without any additional permission. We may use your email address or other personally identifiable information to send commercial, marketing, or other messages without additional consent. We may share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to assist us in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the website. We may disclose Personal Information and/or non-personally-identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant. Name.com reserves the right to disclose Personal Information and/or non-personally-identifiable information that Name.com believes, in good faith, is appropriate or necessary to take precautions against liability, to investigate and defend itself against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of Name.com, our users or others, and to protect the rights, property, or personal safety of Name.com, our users or others.
We may use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.
Within your browser you can choose whether you wish to accept cookies or not. Different browsers make different controls available to you and so we provide links below to popular manufacturers' instructions on how you can do this. Generally, your browser will offer you the choice to accept, refuse or delete cookies at all times, or those from providers that website owners use ("third party cookies"), or those from specific websites.
NAME.COM SERVICES USERS (DOMAIN NAME REGISTRATIONS ETC)
Before purchasing a Name.com service or product, you must familiarize yourself with this policy and we request that you raise any queries with us prior to proceeding with your registration(s) or purchase.
INFORMATION NAME.COM HOLDS
GENERAL ACCOUNT INFORMATION
Name.com ordinarily requires you to provide us with that information that is required for the proper maintenance and administration of your user account with us.
Information necessary for ensuring the proper administration of your account. (including contact details such as email and telephone number, for ease of contacting you in relation to your account and services)
Billing information / Payment Details
Information necessary for collecting payment for the services and products that you have purchased or obtained from us.
Data necessary for the specific Product/service obtained by you
Depending on the product or service you obtain, we may need additional information, or to use your data in another manner specific and necessary to that product or service. (See individual product/service sections below).
DO WE SHARE THE INFORMATION WE RECEIVE?
DOMAIN NAME REGISTRATIONS
DOMAIN REGISTRATION DATA
Name.com is required to collect data relating to the registration of domain names (“Registration Data”) and then share such data with the relevant registry operator (depending on the top-level domain (“TLD") you wish to register). The sharing and use of this data is required by our Registrar Accreditation Agreement with ICANN and is a requirement of each TLD’s Registry Agreement with ICANN, to effect the proper registration of your domain name.
In order to provide you with domain name registration services, we typically require the following registrant data:
- Domain Name (your choice of domain e.g. “example.ninja” )
- Nameservers (your choice of hosting provider or equivalent)
- Registration Data (Data required to enter the domain into our registry)
- Registrant Name
- Registrant Organization (where applicable)
- Registrant Address
- Registrant Email
- Registrant Fax (where applicable)
- Registrant Phone number
- Administrative Contact
- Administrative Contact Organization (where applicable)
- Administrative Contact Address
- Administrative Contact Email
- Administrative Contact Fax (where applicable)
- Administrative Contact Telephone Number
- Technical Contact
- Technical Contact Organization (where applicable)
- Technical Contact Address
- Technical Contact Email
- Technical Contact Fax (where applicable) /li>
- Technical Contact Telephone Number
- Billing Contact
- Billing Contact Organization (where applicable)
- Billing Contact Address
- Billing Contact Email
- Billing Contact Fax (where applicable)
- Billing Contact Telephone Number
NOTE: Specific data collections may vary based on the TLD’s specific requirements as promulgated by its registry operator.
PURPOSE / LEGAL BASIS FOR PROCESSING
We use your registration data for the following purposes:
- to register the domain name;
- to provide the applicable registry with authoritative data to ensure the ongoing continuity, stability and resiliency of the DNS;
- mitigation of DNS abuse, including but not limited to the investigation and mitigation of reported instances of abuse Name.com considers to be contrary to the terms of its Acceptable Use Policy;
- maintained integrity of the current dual failsafe system at the registrar and registry levels;
- verification of registrant eligibility, where applicable; and
- to update and improve our Services, systems and ability to provide you with a secure and stable Service experience.
OTHER WAYS WE USE YOUR INFORMATION
First and foremost, Name.com uses your Registration Data to arrange your registration and supported functionality of your domain(s) with the registry operator. Additionally, Name.com may use Registrant Data to (i) improve our Services, promotions and functionality, (ii) develop and collect aggregate statistics (ensuring appropriate anonymization) regarding our systems and Services,; and (iii) communicate with you regarding your registration or related Services.
DATA CONTROLLER ROLES
We collect and process your Registrant Data to carry out the registration of your domain, to ensure that your registration functions as expected, and that registrations do not affect the security of our registrar. In order to enter your chosen domain name into our system, we are required to process your data in a manner obligated in our contracts with Internet Corporation for Assigned Names and Numbers (“ICANN”). In this respect, it is our understanding under applicable law that we act as a joint data controller of your Registrant Data, working in conjunction with the TLD registry and ICANN, as herein described.
With specific reference to the registration of a domain name, as Registrar, we are responsible for the following:
- collection of registration data;
- providing you with adequate information and a means by which you may exercise your individual privacy rights, such as data access, deletion, and rectification; and
A registry operator, retains the responsibility for the processing of data necessary for the registration and maintenance of domains within one of their TLDs.
ICANN is the private-sector body responsible for coordinating the global Internet's systems of unique identifiers. The mission of ICANN is to coordinate the stable operation of the Internet's unique identifier systems. More information about ICANN can be found here: www.icann.org. ICANN is responsible for identifying and requiring, by contract, both registry operators and registrars to provide to them registration data. Registrant Data we collect and process is data which ICANN deems necessary to ensure the ongoing security and stability of the DNS.
NAME.COM HOSTING SERVICE
In all hosting agreements, Name.com merely processes such data on your behalf, subject to the terms of the Web Hosting Services Agreement you are expected to have due regard to applicable legal requirements regarding your own use of data on Name.com hosting.
DISCLOSURE OF REGISTRANT AND HOSTING DATA
There are instances where Name.com may have to disclose your personal data. At all times however, such disclosure shall be limited and subject to the required safeguards.
Depending on applicable law, where necessary, Registration Data shall be made available to the public via an interactive webpage (https://www.name.com/es-la/whois-lookup) and via a "port 43" WHOIS service or RDAP (Registration Data Access Protocol). It is important that you review your registry operators’ individual WHOIS/RDAP publication policy also prior to entering into a registration agreement.
In the event you elect to utilize a privacy service, the information of that service, rather than your personal WHOIS/RDAP Information, will be made available to the public. Please note that we are not able to control how members of the public may use the WHOIS/RDAP Information.
Where the disclosure of personal data, such as is envisaged by WHOIS/RDAP, is considered to be incompatible with applicable law, Name.com will, to the best of its ability and wholly dependent on the accuracy of the data provided by you, ensure that such personal data is not unnecessarily disclosed.
LIMITED DISCLOSURE WHERE NECESSARY
Name.com may continue to disclose elements of this data, but will only do so in a manner as outlined under the Exceptions To Disclosure section below. It is important that you also review your registry operators’ individual WHOIS/RDAP publication policy also prior to entering into a registration agreement to ensure you are aware of the extent to which your personal data may be subject to disclosure.
THIRD PARTIES PROCESSING DATA ON OUR BEHALF
DATA ESCROW (DOMAIN NAME REGISTRATIONS ONLY)
Name.com, as Registrar, is required by ICANN to provide a copy of all registration data (including PI and non PI) to a secure third party who shall hold the data securely in Escrow (“Escrow Provider”). Name.com utilizes the services of ‘Iron Mountain Inc.’, a US Corporation, with servers in the United States, as its Escrow Provider. Data held by the Escrow Provider can be used to restore a registrar in the event of a catastrophic event, or a failure of the registrar’s systems. In this case, the data may be securely transferred to another registry to ensure the ongoing security and stability of the DNS and to prevent any interruption to the proper functioning of registered domains.
EMAIL PROVIDER/CLOUD STORAGE
Name.com uses the third party services of Google Inc.’s G-Suite for both email and associated cloud services. Your data may be stored on Google’s servers, subject to industry standard encryption and security protections.
CLIENT RELATIONSHIP MANAGEMENT SYSTEM
Name.com uses third party services to ensure the proper management of our client and customer service queries. Your data may be stored on each of our vendor’s servers; subject to industry standard encryption and security protections and in accordance with applicable legislation.
Name.com uses third party services to track reports, and actions relating to abusive use of our domains or the detection and mitigation of fraudulent activity on our platforms. Your data may be stored on each of these vendor’s servers, subject to industry standard encryption and security protections and in accordance with applicable legislation.
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We may engage other companies and individuals to perform enhanced services on our behalf. In addition, certain of our enhanced services require that we contact Internet directories and various search engines on your behalf. Many of our service providers have access to personal information needed to perform their services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services in accordance with applicable legislation.
We may engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analyzing data. These persons have access to personal information needed to perform their functions. These companies do not retain, share, store or use personally identifiable information that you provide to us for any secondary purposes.
As we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets in accordance with data legislation. Also, if we or all or substantially all of our assets were ever to be acquired, customer information will of course be one of the transferred assets in accordance with data legislation.
EXCEPTIONS TO DISCLOSURE LIMITATIONS
- necessary to fulfill a transaction or provide information you have requested;
- in your vital interests or in the vital interests of another person, including events of an emergency that pose a threat to your safety;
- required by ICANN;
- required by law or necessary to respond to legal process;
- in circumstances in which Name.com believes that its registrar system, websites, domain names, or Services are being used in the commission of a crime or any illegal act;
- necessary to enforce our Acceptable Use Policy, and to protect the security or integrity of the DNS or our Website;
- as necessary to establish, assert, defend, or protect our rights or property; or
- as necessary to meet the requirements of requests, lawfully made by public authorities, including requests to meet national security or law enforcement requirements.
SHARING WITHIN DONUTS FAMILY OF COMPANIES
As part of the Donuts Inc. Family of Companies we may share information we have about you within the “Family of Companies”. Such sharing however shall be strictly limited in use. We will only share information about you to such members of the Family of Companies to facilitate, support and integrate their activities in a manner that is consistent with, and related to, the original stated use of the information, as explained to you upon collection, and to improve the provision of our services to you.
The Family of Companies includes the following companies: Donuts Inc.; Dozen Donuts, LLC; Rightside Group, ltd; Nametrust, LLC;, Rightside Operating Co.; Domain Protection Services, Inc. Name.com, Inc.; Name.net, Inc.; Name104, Inc.; Name105, Inc.; Name106, Inc.; Name107, Inc.; Name108, Inc.; Name109, Inc.; Name110, Inc.; Name111, Inc.; Name112, Inc.; Name113, Inc.; Name114, Inc.; Name115, Inc.; Name116, Inc.; Name117; Name118, Inc.; Name119, Inc.; Name120, Inc.; Name121, Inc.; Binky Moon, LLC; Corn Lake, LLC; Dog Beach, LLC; John Island, LLC; Pixie North, LLC; Blink Global LLC.
The Family of Companies also includes the following non-U.S. based companies: Donuts (HK) Limited; Capable Network Technology (Shanghai) Co., Ltd.; Rightside Domains Europe Limited; Name.com Canada Corp; Hot Media Inc, Acquire This Name, Inc.; Rightside Canada, Inc.; Rightside Canada Inc.
GENERAL PRIVACY CONDITIONS - ALL USERS
NOTE REGARDING SENSITIVE PERSONAL INFORMATION
“Sensitive Personal Information” refers to personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying sex life of the individual.
We do not ordinarily or knowingly require or collect Sensitive Personal information, nor do we use or disclose such information with third parties without your explicit consent.
NOTE REGARDING CHILDREN (under 18 years of age)
Please note that we do not knowingly permit or solicit information from individuals under eighteen (18) years of age. In addition we do not knowingly market our products or services to individuals under eighteen (18) years of age. You may use our services only with involvement and permission of a parent or guardian where it applies.
HOW SECURE IS INFORMATION ABOUT ME?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents.
We have gone to great lengths to ensure your information is securely obtained and held in compliance with the Payment Card Industry Data Security Standard. For example, we encrypt your credit card number before it is stored in our database. This helps ensure that no one may access your credit card from our system.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. To that extent, Name.com employs security measures that are deemed commensurate to the quality of data held, with due regard to the state of the art and cost of the available security measures, and the risk to the privacy rights of you, as data subject. We do not, nor can we, guarantee security. Neither people nor security systems are foolproof, including encryption systems.
Where a breach occurs, Name.com shall, upon discovering such a breach, ensure that our obligations under applicable data privacy requirements, and with specific acknowledgement of Articles 33 and 34 of the GDPR, are complied with where applicable.
RETENTION OF DATA
Name.com does not retain any Personal Information for longer than is necessary.
REGISTRANT DATA – REPORTS OF DNS ABUSE
Where Name.com has specifically investigated or has taken action relating to a specific domain or domains, which have been flagged or confirmed as engaged in abusive behaviors (as per our acceptable use) we will ordinarily retain such data until such a time that such data is no longer necessary to defend against current or possible future suit(s). This period depends on limitation periods applicable, however should ordinarily be no longer than six (6) years.
WHAT INFORMATION CAN I ACCESS?
To access, update or delete your personal information, Name.com will provide you with access to certain information about you for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, log in to your account. When you update information, we usually keep a copy of the prior version for our records.
FOR EUROPEAN UNION CITIZENS, SWISS CITIZENS OR UNITED KINGDOM CITIZENS
ACCESS TO PERSONAL DATA
Where applicable, you have the right to obtain from Name.com a confirmation as to whether or not your personal data is being processed. In addition, where such processing is confirmed, and you request it, we shall arrange access to the personal data and the following information;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the registrar, rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data was not collected from the you by Name.com, any available information as to its source (e.g. referral program etc.); and
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where your personal data is transferred to a third country you also have the right to be informed of the appropriate safeguards we have put in place pursuant to Article 46 of the GDPR relating to the transfer.
COPIES OF THE DATA:
Name.com, shall be happy to provide, where requested, a copy of that data, relating to you, which are being processed. Subject to the restrictions as noted in Article 23 of the GDPR.
All personal information held by Name.com is that information which you have provided to us. To view, change or rectify this information, you should log in to your account. When you update information, we usually keep a copy of the prior version for our records. If this is deemed insufficient, or you are experiencing any difficulties in making the required updates, please contact us to effect any required rectifications.
Where you as, the data subject, wish to erase personal data concerning you, Name.com will fulfill this request should one of the following grounds apply:
- the personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed, e.g. the provision of our Services;
- where processing is based solely upon your required consent, and you withdraw this consent on which the processing is based;
- where you object to the processing, and where there are no overriding legitimate grounds for the processing;
- where you can demonstrate that the Personal Information has been unlawfully processed;
- where you provide notice that the Personal Information must be erased for compliance with a legal obligation as contained in a stated Union or Member State law to which the controller is subject; or
- where we are unable to demonstrate proper reliance on an exception under 17 (3) of the GDPR.
RIGHT TO ERASE DATA
Where Name.com has publicly disclosed your data and where you have made a valid request to erase your personal data, we will, taking into account the available technology and the cost of implementation, take reasonable steps, including technical measures, to inform any controllers which are processing that personal data, of your request for erasure.
For clarity, Registration Data are in the format as specified by ICANN (compatible with the relevant technical standards as stated in the IETFs RFCs). This ensures that all Registration Data, in the our system is held in a form that is easily transferable from one registrar to another (following stated transfer processes dictated by ICANN).
PRIVACY SHIELD FRAMEWORKS
Name.com, as part of Donuts Inc. complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. We have certified that we adhere to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
Note that you have the right to access, correct, erase and limit the use and disclosure of your personal data processed by us. For assistance with accessing, correcting, or erasing your personal data, please contact us at Privacy@donuts.email. Please be aware that erasing your personal data may result in termination of the services you receive through us.
PRIVACY SHIELD FRAMEWORKS
Name.com, as part of Donuts Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States in reliance on Privacy Shield. We have certified that we adhere to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
Note that you have the right to access, correct, delete and limit the use and disclosure of your personal data processed by us. For assistance with accessing, correcting, or deleting your personal data, please contact us at Privacy@donuts.email. Please be aware that deleting your personal data may result in termination of the services you receive through us.
As part of Donuts, Name.com’s accountability for the personal data that it receives under the Privacy Shield, and subsequently transfers to a third party, is described in the Privacy Shield Principles. In particular, we remain responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Donuts proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, We commit to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals, or those persons resident in the United Kingdom, with inquiries or complaints regarding this Policy should first contact our Legal Department at Privacy@donuts.email, or by certified mail (return receipt requested) at: Donuts Inc., Attn: Privacy Section, Legal Department, 5808 Lake Washington Blvd NE, Suite 300, Kirkland, WA 98033 USA
We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Note that the US Federal Trade Commission has enforcement authority over our compliance with this Policy.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Note that the US Federal Trade Commission has enforcement authority over our compliance with this Policy.
10500 NE 8th Avenue
Bellevue, WA 98004
If you are a resident of the EEA and believe we maintain your personal data subject to the General Data Protection Regulation, you may direct questions or complaints to our lead supervisory authority, the Office of the Data Protection Commissioner, as noted below:
Office of the Data Protection Commissioner.
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland.
Phone +353 (0761) 104 800 | LoCall 1890 25 22 31 | Fax +353 57 868 4757