1. Introduction

Unless the context clearly indicates to the contrary, any capitalised term in this Privacy Policy shall bear the same meaning as defined in the Hetzner General Terms located at http://www.hetzner.co.za/legal/our-hosting-terms which definitions shall be deemed to have been incorporated herein by reference.

2. Compliance with Applicable Law

Protecting Customer privacy is of utmost importance to Hetzner. Accordingly, Hetzner has developed this Privacy Policy in order to safeguard the Customer’s personal information and to protect the confidentiality thereof. In so doing, Hetzner has taken cognisance of the provisions of the Constitution of the Republic of South Africa Act, 108 of 1996, the Electronic Communications Act, 25 of 2002 and the common law so as to ensure compliance with all relevant statutory requirements and best practice under South African law.

3. No Liability for Unauthorised Disclosure

While Hetzner will do all things reasonably necessary to protect the Customer’s rights of privacy whilst on the Hetzner website, Hetzner cannot accept any liability whatsoever for unauthorised or unlawful disclosure of the Customer’s personal and confidential information made by third parties who are not subject to Hetzner’s control.

4. Personal Information

For purposes of this Privacy Policy, “personal information means the Customer’s name, surname, address, e-mail address, telephone number, cellphone number, ID number, physical address, company name, contact ID number, credit card or banking details.”

5. Consent to Collection

By accepting the Hetzner Hosting Terms, the Customer consents to Hetzner’s collection of personal information on an ongoing basis for the continued duration of the Customer’s relationship with Hetzner, subject to the limitations set out in this Privacy Policy.

6. Types of Personal Information Collected

Hetzner collects personal information when a Customer submits an application form to make use of Hetzner’s Services, to become a Reseller of Hetzner or to respond to a Hetzner survey. If you choose to pay for the Services you order from Hetzner by way of debit order, Hetzner will request your banking details to include in the periodic debit order transactions. Hetzner also collects personal information for purposes of improving its Service offering and for purposes of increasing service efficiency.

7. Cookies

We use cookie technology which comprises tiny pieces of data or a small text file that is stored on your computer’s hard drive and which contains information about you, so that the next time you visit the Hetzner website, the cookie reminds us of who you are, enabling us to achieve our goal of providing a valuable online experience to you. You are able to however, disable this cookie technology in your Internet browser..

8. Customer Data

The Customer Data collected by Hetzner is used solely in connection with granting you access to the website, to konsoleH and for purposes of monitoring the Reseller/Customer’s use of the website so as to limit or prevent breaches of security. Hetzner may also use information collected for research regarding the effectiveness of the Hetzner website and related marketing and advertising efforts. Electronic communications will be sent by Hetzner using the Customer’s personal contact information to inform him of new products, important industry news or about general services provided by Hetzner. Hetzner adheres strictly to permission-based email standards and as such all emails that are sent will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communication will be sent to the Customer.

9. Service Announcements

In order for Hetzner to fulfil its service obligations it is necessary to send out a strictly service related announcement. For instance, Hetzner will send an email to relevant Customers if Hetzner anticipates a service interruption as a result of system maintenance. Generally, Customers may not opt-out of these communications. These communications are not promotional in nature.

10. Disclosure of Personal Information

Subject to your right to withdraw your consent in certain instances, you agree that we may obtain your personal information and use it, for certain specified purposes, including for, Hetzner marketing and contract administration as well as to enable us to collect your debit order payment. We will also provide personal information to law enforcement authorities in response to subpoenas and other lawful requirements where we believe that the disclosure of such personal information is necessary to identify, contact or institute legal proceedings against third parties who jeopardise the provision and rendering of the Services by Hetzner.
Information collected from Customers may be disclosed to independent contractors and business partners, including Hetzner’s payment processors and mail marketing service provider, provided that they (i) have agreed to hold this information in confidence, (ii) do not use it for any purpose other than carrying out the service they are providing for Hetzner, and (iii) observe Hetzner’s information handling procedures.

11. Retension of Personal Information

All personal information will only be retained for as long as it is necessary to fulfil the purposes mentioned in clause 10 above.

12. Accurate and Up To Date

Hetzner will use its best endeavours to keep the personal information it collects as accurate, complete and up to date as is necessary for the purposes mentioned in clause10 above, and Hetzner shall, from time to time, request the Customer to update its personal information on the website or via konsoleH. You are able to review or update any personally identifiable information that we hold on you by accessing your account via konsoleH or by e-mailing us or phoning us. Please note that in order to better protect you and safeguard your personal information, we do take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

13. Security

Hetzner uses encryption, firewalls and other security technology and procedures to help protect the confidentiality of your personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in Hetzner’s Customer Database