Privacy Policy

This Privacy Policy describes the policies and procedures of Rose Web Services LLC, and its affiliates and subsidiaries ("Rose Web Services", "RoseHosting.com", "we", "our" or "us") on the collection, use and disclosure of your information, including any Personal Information (as below), on www.rosehosting.com (the "Site") and the services, features, content or applications we offer to users of our Site (collectively with the Site, the "Services"). This Privacy Policy, which is incorporated into and subject to the Rose Web Services' Terms of Service, does not apply to information our Subscribers or customers may collect about individuals when using our Site, our Services, or any other functionality, product, or service offered by Rose Web Services.

Please read this Privacy Policy carefully. Should you have any questions about this Privacy Policy or Rose Web Services' data collection, use and disclosure practices, please contact us as set forth below.

This Site is hosted in the United States of America by Rose Web Services LLC, a company headquartered in Ofallon, Missouri, USA. This Privacy Policy explains our practices for gathering and disseminating information we collect when you visit our Site and associated web pages and Services.

This Privacy Policy covers the treatment of any information or set of information that identifies or that is used by or on behalf of Rose Web Services to identify an individual, which may, in certain contexts, include information such as an identifiable individual's first and last name; home address, billing address, or other physical address; email address (so we may contact you); a telephone number; or Internet Protocol ("IP") address (collectively "Personal Information") we gather through the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners. You can navigate the majority of the website without giving us any Personal Information about yourself. However, we may track the technical information (see "Information Collected Using Cookies" below) provided to us by your browsing the Site to improve the navigation, content and design of our Site.

This Privacy Policy does not apply to the privacy practices of third parties that we do not own or control, including but not limited to any third party websites, services, applications, online resources to which this Site may link, frame or otherwise reference (collectively "Third Party Services") that you may access through the Services. We take no responsibility for the content or privacy practices of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

Rose Web Services may collect and use your personal information to respond to your requests for our services or to provide you with information about services that may be of value to you.

Certain personal information Rose Web Services collects about you may be publicly available via government records, telephone books, and other widely available media (i.e. the Internet), However, we treat all information you provide to us as non-public.

We may collect and receive information about users of our Site and/or Services ("users", "you" or "your") from various sources, including: (i) through your user account on the Services (your "Account") if you register for the Site and the Services; (ii) your use of the Services; and (iii) from third party websites and services. When you access or use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information, including any Personal Information, as set out in this Privacy Policy.

Currently, Rose Web Services may collect information about you from the following sources: Technical information collected from your web browser (IP address, operating system, etc.) and permanent cookies are gathered for routine web site maintenance and for purposes of assessing the effectiveness of our services. If you choose not to accept cookies, you will still be able to access all pages throughout the Rose Web Services web site, but may receive cookie notifications.

While we usually notify you at the point of collection about which information fields are mandatory to provide you with the service you requested, we do allow you to submit your application without providing all requested information to speed up the signup process. However, you will be required to give us any missing information at a later time. While certain information may be optional, we believe that by providing us with such information we will be able to serve you better.

Rose Web Services LLC complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Rose Web Services LLC has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF . Rose Web Services LLC has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

The following entities of Rose Web Services LLC are also adhering to the EU-U.S. DPF Principles and Swiss-U.S. DPF Principles:
- RoseHosting.com
- LinuxCloudVPS.com
- LinuxHostSupport.com

Rose Web Services LLC's compliance with its Data Privacy Framework obligations also is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Rose Web Services LLC commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to ICDR-AAA, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.icdr.org/dpf for more information or to file a complaint. The services of ICDR-AAA are provided at no cost to you.

The information we gather aides us to personalize, improve and operate the Services. You may voluntarily provide additional information about yourself to enable us to provide the information or Services you are requesting. We store the information you provide about yourself in order to provide you with the information or Services you request. Such information, with the exception of any Personal Information, is typically stored for the lifetime of the database unless you request that it be removed. The information you provide us about yourself will be shared with our employees or contractors to the extent necessary to accommodate your request. We will obtain your consent in order for us to share your Personal Information with third parties in a manner that is not permitted under the terms of this Privacy Policy. Unless otherwise described below, we will not use Personal Information provided to us online for purposes other than those you have requested without also providing you an opportunity to agree to or otherwise limit such uses.

We may collect the following types of information from our users, some of which will be Personal Information and some of which will not be Personal Information

USER CONTENT AND ACCOUNT INFORMATION:

As part of your Account information, Rose Web Services collects and stores information, including the full name, company name, billing address, phone number, email address, IP address, payment information, landing page, and referring URL, for all users upon registration and use of the Services. You acknowledge that this information may be personal to you, and by creating an Account on the Services and providing Personal Information to us, you allow us, our affiliates, our service providers, our sub-processors and our contractors to identify you and, therefore, your use of the Services may not be anonymous.

USE OF COLLECTED INFORMATION

* Billing
* Fraud Detection
* Service Improvement
* Customer Analytics
* Marketing

Rose Web Services may process or store your Personal Information outside the jurisdiction in which you reside and, if it does so, your Personal Information will be governed by the privacy laws of the jurisdiction in which it is processed or stored and government and law enforcement agencies of that jurisdiction may be able to access such Personal Information without your consent. Wherever we are required to transfer your Personal Information, regardless of where this occurs, we will strive to take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Please note that your submission of information or use of our Services will be deemed by us to signify explicit consent on your part to such transfer of information to any part of the world, as long as we adhere to the applicable law.

FINANCIAL INFORMATION:

We use third party payment processing companies ("Payment Processors") who collect and store financial information, such as your payment method (valid credit card number, type, expiration date or other financial information), and their use and storage of that information is governed by the Payment Processors' applicable terms of service and privacy policy. Collected billing information is used for the purposes of processing billing payments and fraud detection.

IP ADDRESS INFORMATION AND OTHER INFORMATION COLLECTED AUTOMATICALLY:

We may automatically receive and record information from your web browser when you interact with the Services, including your IP address. An IP address is a number assigned to you by your Internet service provider so you can access the Internet. We receive IP addresses in the normal course of the operation of our Site. We may automatically collect and record information about your use of features of our Services, about the functionality of our Services, and other information related to your interactions with the Services. We use the information we automatically collect and record to analyze trends, to administer, monitor and improve the Site and Services, to track users' use of the Site and Services, and to gather broad demographic information for aggregate use. We do not use IP addresses to identify you personally or disclose them to others. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).

Generally, the Services may automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

INFORMATION COLLECTED FROM VPSes:

As one of our many Services, we provide virtual private servers. Certain monitoring metrics on your VPS is enabled automatically when your VPS is created.

This monitoring collects information about CPU, disk, bandwidth, and memory usage as well as other system-level data and metrics about processes and services that run on your VPS. You can use this data about your VPS to view metrics and track performance of your VPS. We may use data gathered from the VPSes to help us identify and sanction abusive customers, improve our products and services and to develop future products and services. We may use Aggregate Information (as defined below) collected from VPSes for marketing purposes.

INFORMATION COLLECTED USING COOKIES:

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system and date/time stamp. To collect this information, when you visit our Site, one ore more "cookies" may be set on your computer. Cookies contain a small amount of information that allows our web servers and those of our partners, affiliates, sub-processors and contractors to recognize you whenever you visit. We store information that we collect through cookies, log files and/or clear gifs to create "settings" regarding your preferences.

We use cookie information to analyze trends, administer the website, track users' movements and gather demographic information for aggregate use. Rose Web Services also may use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet.

Rose Web Services also uses Google Analytics, an analytics service provided by Google, Inc. ("Google") as well as Google Adsense, Google Adwords and Google Recaptcha, provided by the same company. Google Analytics and the other Google services use cookies to collect non-identifying information, which may be transmitted to and stored by Google on servers in the United States. Google provides some additional privacy options described here regarding Google Analytics and other Google related cookies.

Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies.

INFORMATION RELATED TO ADVERTISING:

To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users. Rose Web Services may partner with third parties to display advertisements targeted to visitors of the Services. To do so, Rose Web Services stores a cookie for visitors for the purpose of displaying advertising. Any ads served by Google AdSense are subject to Google's Policies as shown here. If you are a resident of the EU you may have additional options and choices as shown here

AGGREGATE INFORMATION:

We may collect statistical information about how users use the Services ("Aggregate Information"). Some of this information may be derived from Personal Information. This statistical information is not Personal Information.

CHILDREN'S PRIVACY:

Protecting the privacy of children is especially important. For that reason, we do not collect or maintain information at our Site from those we know are under 18 years of age, and our Site is a general audience site not intended for users under the age of 18.

SUMMARY OF INFORMATION SHARING:

Except as described in this Privacy Policy, Rose Web Services will not share, sell, or rent individual Personal Information with anyone without your permission or unless ordered by a court of law.

Information submitted to us is only available and utilized by our employees and systems responsible for providing services to our customers and to contracted service providers for the purposes of providing Services relating to our communications with you.

Rose Web Services may share your information with contracted service providers if sharing your information is necessary to provide a Service you have requested, or to keep you up-to-date on product announcements, software updates, special offers or other information. If your information is shared with third parties, we will strive to only provide the information they need to deliver the Service. We will aim to restrict these companies from using your information for any other purpose, and you may choose not to have your information given to such a third party.

Rose Web Services' employees and contracted service providers have been trained to handle such data properly and in accordance with our security protocols and strict standards of confidentiality. Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences.

We will not otherwise use or disclose any of your Personal Information, except as described in this Privacy Policy, including, to the extent reasonably necessary: to correct technical problems and malfunctions and to technically process your information; to protect the security and integrity of our Site; to protect our rights and property and the rights and property of others; to take precautions against liability; to the extent required by law or to respond to judicial process; or to the extent permitted under other provisions of law, or to effectuate the sale, merger, bankruptcy, or similar disposition of Rose Web Services or its assets. Rose Web Services also may be required to disclose your Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Rose Web Services shall be liable for the safety of your Personal Information when such Personal Information is transferred to third parties to the same extent as if the Personal Information was in possesion and control of Rose Web Services.

PUBLIC INFORMATION ABOUT YOUR ACTIVITY ON THE SERVICES:

Some of your activity on and through the Services may be public, such as content you post publicly on the Site or otherwise through the Services. By posting such information on the Site, you agree that it may be viewed and used by other users or otherwise. Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information.

IP ADDRESS INFORMATION:

While we may collect and store IP address information, we do not make that information public.

INFORMATION YOU ELECT TO SHARE:

You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services' privacy policies. This Privacy Policy only governs your Personal Information and other information collected on the Services.

AGGREGATE INFORMATION:

We may share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

EMAIL COMMUNICATIONS WITH US:

Rose Web Services may send occasional promotional materials to you via email. We try to respect your time and attention by controlling the frequency of our mailings. Each email sent contains an easy way for you to cease receiving email from us. If you wish to do this, simply follow the instructions found at the end of any email. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to abuse@rosehosting.com. Regardless, we reserve the right to contact you for informational or account-related purposes when we believe it is necessary.

ACCESS TO PAYMENT PROCESSOR INFORMATION:

As stated above, we use Payment Processors to collect and store financial information. However, we may from time to time request and receive some of your financial information from our Payment Processors for the purposes of completing transactions you have initiated through the Services, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.

INFORMATION SHARED WITH OUR SERVICE PROVIDERS:

We employ and contract with people and other entities that perform certain tasks on our behalf (our "Service Providers"). We may need to share Personal Information with our Service Providers in order to provide products or services to you. Our Service Providers do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us in order to provide the products or services requested by you. A current list of contractors and/or sub-processors is available on request to legal@rosehosting.com.

INFORMATION DISCLOSED PURSUANT TO BUSINESS TRANSFERS:

Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this Privacy Policy.

INFORMATION DISCLOSED FOR OUR PROTECTION AND THE PROTECTION OF OTHERS:

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

INFORMATION WE SHARE WITH YOUR CONSENT:

Except for data sharing described in this Privacy Policy, you will be notified when your Personal Information may be shared with third parties, and will be able to refuse the sharing of such information.

Rose Web Services is committed to protecting Personal Information. To do so we employ a variety of security technologies and measures intended to protect your information from unauthorized access, use, or disclosure. Rose Web Services has a corporate policy in place that requires all personnel not to disclose Personal Information to any third party that is not entitled to have that information. If you have any questions about the security at our Site, you can send an email to support@rosehosting.com. Please note, however, that Rose Web Services cannot fully eliminate security risks associated with the collection, disclosure and storage of your information and that mistakes and security breaches may occur. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.

You have the right to access and correct, amend or delete your Personal Information held by Rose Web Services.

If you are a registered user, you can access information and ask for correction of your information, if necessary, that is associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.

Registered users can delete Personal Information through their Accounts. Such deleted Personal Information will no longer be stored in Rose Web Services' databases, with the exception of: email address, network logs or cases where fraudulent or otherwise illegal activity has been deemed to have occurred as determined by law enforcement or Rose Web Services, in which case such information may remain in Rose Web Services' databases for the purposes of addressing any such fraudulent or otherwise illegal activity.

If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.

To further request access, correction, amendment or deletion of your Personal Information, you can also directly email Rose Web Services at support@rosehosting.com.

You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our Services' features.

You have the right to object to the processing and use of your Personal Information as well as the disclosure of your Personal Information to third parties. Please email Rose Web Services at support@rosehosting.com to make such a request. If you make such request, we reserve the right to refuse Service to you or to terminated your Services and account you have with us. Please note that opting-out of receiving promotional email will not affect delivery of service-related, transactional, or legal communication.

To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Where permitted by law, your ability to access and correct Personal Information will be temporarily limited where access and correction could: inhibit Rose Web Services' ability to comply with a legal obligation; inhibit Rose Web Services' ability to investigate, make or defend legal claims; result in disclosure of Personal Information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Rose Web Services or a third party.

You as the owner of your Personal Information, have the possibility to invoke binding arbitration for any disputes arising out of and with connection to this Privacy Policy, in connection to your Personal Information.

This Privacy Policy may be modified from time to time, so please review it frequently. Changes to this Privacy Policy will be posted on the Site and we recommend that you review the Privacy Policy to ensure you are aware of any changes made to it. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted. Please check the Privacy Policy each time you use our Site for the most current information.

Rose Web Services is headquartered and operated in the USA. However, we may use some subcontractors and sub-processors in other countries. As needed, we may transfer Personal Information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your Personal Information to other countries, we will protect that information as described in this Privacy Notice.

If you are a resident of the State of California and you have provided your personal information to us, you have the right to request a list of all third parties to which we have disclosed your personal information for direct marketing purposes. If you exercise your right to submit such a request to us, we will send you the following information:

- The categories of information we have disclosed to any third party for any third party’s direct marketing purposes during the preceding year; and
- The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

You may make such a request by contacting us in writing by postal mail or via the legal@rosehosting.com email address with a preference on how our response to your request should be sent.

California law also requires that we disclose how we respond to “do-not-track requests” from our users. At this time, we do not currently respond to “do-not-track” requests from our users’ browsers.