Privacy Policy

DATED 2023-01-03 · VERSION 20230601_rev01 · COMPARED WITH 20230303_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20230303_rev01 to 20230601_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 (Updated: January 3, 2023)
+WPEngine, Inc. ("WP Engine," "we," "us," "our") maintains this Privacy Policy to inform you of our practices with regard to personal data we collect from or about you in connection with our web site (the "Site") or through the provision of our services (the "Services"). We may update this Privacy Policy from time to time. We will notify you of any significant change by providing a notice on our web site or, if you are a customer, by whatever other means upon which we have mutually agreed. The current version of this Privacy Policy may be found at https://wpengine.com/legal/privacy/. By using the Site or the Services you acknowledge your consent to the practices described herein.
+WPEngine, Inc. ("WP Engine," "we," "us," "our") maintains this Privacy Policy to inform you of our practices with regard to personal data we collect from or about you in connection with our web site (the "Site") or through the provision of our services (the "Services"). We may update this Privacy Policy from time to time. We will notify you of any significant change by providing a notice on our web site or, if you are a customer, by whatever other means upon which we have mutually agreed. The current version of this Privacy Policy may be found at [https://wpengine.com/legal/privacy/](https://wpengine.com/legal/privacy/). By using the Site or the Services you acknowledge your consent to the practices described herein.
+If you are a customer who is subject to the privacy laws of California or the European Union, the Data Privacy Addendum located at https://wpengine.com/legal/dpa/ as it may be updated from time to time governs the obligations between us with regard to personal data as defined by such laws.
+If you are a customer who is subject to the privacy laws of California or the European Union, the Data Privacy Addendum located at [https://wpengine.com/legal/dpa/](https://wpengine.com/legal/dpa/) as it may be updated from time to time governs the obligations between us with regard to personal data as defined by such laws.
 **Personal Data We Collect**
 - **Information You Give Us**. In order for you to use our Services and other features of our Site, we will ask you for some of your personal data (e.g. contact information, name, etc.). The amount and type of information that we gather depends on the nature of the interaction. For example, we ask visitors who would like to comment on our blog to provide a username. Those who purchase Services from us are asked to provide additional information including, as necessary, the personal and financial information required to process transactions. In each case, we collect such information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with us. You can always refuse to supply personal data; however, doing so may prevent you from receiving our Services or engaging in other activities on the Site. In no event will we ever request sensitive personal data (e.g. health information, religious preferences, etc.) from you, and we expressly request that you not provide any such sensitive personal data to us.
 - **Web Server Logs.** As is true of most websites, we gather certain information automatically through your use of the Site. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring or exit pages, the files viewed on the Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and clickstream data to analyze trends in the aggregate and administer the site. We use analytical software to help us understand this information. This software sends information to its licensor. Other sites and companies may also use this software. As a result, the licensor may collect information that, when aggregated by them, allows them to identify you individually. We have no responsibility for this collection and use.
 - **Cookies.** We and our partners use cookies and similar technologies to analyze trends, administer the Site, track users' movements around the Site, and gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level.
+    Ads appearing on our Site may be delivered to you by advertising partners who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers our use of cookies and does not cover the use of cookies by any advertisers. However, data tracking files used by us may also be used by these advertisers and, when combined with other information held by them, be used to identify you personally. For more information on third party cookies and instructions on how to opt-out of those cookies set by members of the National Advertising Initiative, please click here. Or, if you are located in the European Union, please visit the European Interactive Digital Advertising Alliance here.
+    Ads appearing on our Site may be delivered to you by advertising partners who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers our use of cookies and does not cover the use of cookies by any advertisers. However, data tracking files used by us may also be used by these advertisers and, when combined with other information held by them, be used to identify you personally. For more information on third party cookies and instructions on how to opt-out of those cookies set by members of the National Advertising Initiative, please [click here](https://optout.networkadvertising.org/). Or, if you are located in the European Union, please visit the European Interactive Digital Advertising Alliance [here](https://youronlinechoices.eu/).
 - **Information Collected by Our Customers.** Our customers may collect personal data in connection with the Services we provide to them. WP Engine's customers control the personal data they collect, and WP Engine will not use or disclose that personal data except as authorized or directed by the customer in the course of our provision of the Services and as governed by our agreement with that customer. If your personal data is controlled by one of our customers, and you have concerns about the way that data is managed or wish to exercise your rights with respect to such data (including your rights of access, amendment, or deletion), please contact that customer directly.
 - **How We Use Personal Data.** WP Engine will only use the personal data we collect as reasonably necessary for the following purposes:
     - to allow you to use and interact with the Site;
     - to provide the Services to you as our customer;
     - to inform our continued development of the Site and the Services;
 We remain responsible for compliance with this Privacy Policy by third parties to whom we disclose your personal data.
 - **Procedures to Protect Personal Data.** We have put in place reasonable measures and appropriate procedures for implementing these policies and for safeguarding the personal data we collect. However, we cannot guarantee that personal data we collect will never be disclosed in a manner inconsistent with this Privacy Policy. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received.
 - **Your Rights over Personal Data that We Control.** Upon request, we will provide you with details regarding your personal data that has been collected by us or which is under our control. If you would like to change information that we maintain about you, you may log into your account and change it or submit a support request for any information to which you don't have access or the ability to change yourself. Information covered by this Privacy Policy may be deleted upon your request, provided that such deletion may impact our ability to provide you with the Services. You may also request that we update or correct your personal data by writing us at: WPEngine, Inc., Attn: Legal Department, 504 Lavaca St., Ste. 1000, Austin, Texas 78701, or by sending an email to [\[email protected\]](https://wpengine.com/cdn-cgi/l/email-protection) We will respond to your request within a reasonable timeframe. You may opt-out of receiving most e-mails from us by following the "unsubscribe" instructions provided in the e-mails. Alternatively, you may contact us as described herein. If you are our customer, you may not be able to opt out of all emails, including certain administrative or billing communications which are important to the ongoing maintenance of your account. We may keep your personal data for as long as reasonably required to meet the purposes described herein. Additionally, we will retain this information as required by law, as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
+- **EU-US and Swiss-US Privacy Shield. On July 16, 2020, the Court of Justice of the European Union issued a judgment declaring the European Commission's Decision (EU) 2016/1250 of July 12, 2016 as invalid on the adequacy of the protection provided by the EU-U.S. Privacy Shield. As a result of that decision, the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with European Union data protection requirements when transferring personal data from the European Union to the United States. Nonetheless, the U.S. Department of Commerce continues to administer the Privacy Shield program and we participate in and continue to comply and maintain certification with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.** We are committed to subjecting all personal data received from European Union member countries, United Kingdom, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov/list. Under the Privacy Shield Frameworks, we are responsible for the processing of personal data that we collect from you and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including requests made to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions more fully described on the Privacy Shield website located at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
+- **EU-US and Swiss-US Privacy Shield. On July 16, 2020, the Court of Justice of the European Union issued a judgment declaring the European Commission's Decision (EU) 2016/1250 of July 12, 2016 as invalid on the adequacy of the protection provided by the EU-U.S. Privacy Shield. As a result of that decision, the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with European Union data protection requirements when transferring personal data from the European Union to the United States. Nonetheless, the U.S. Department of Commerce continues to administer the Privacy Shield program and we participate in and continue to comply and maintain certification with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.** We are committed to subjecting all personal data received from European Union member countries, United Kingdom, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce's Privacy Shield List at [https://www.privacyshield.gov/list](https://www.privacyshield.gov/list). Under the Privacy Shield Frameworks, we are responsible for the processing of personal data that we collect from you and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including requests made to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at [https://feedback-form.truste.com/watchdog/request](https://feedback-form.truste.com/watchdog/request). Under certain conditions more fully described on the Privacy Shield website located at [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint](https://www.privacyshield.gov/article), you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
 - **California Residents.** If you are a resident of the State of California, this Section addresses your rights and our obligations under the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2023 (collectively the "California Privacy Laws"). Terms used in this Section have the same meaning as provided in the California Privacy Laws.
 **Information We Collect** Our Site collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, our Site has collected the following categories of personal information from visitors within the last 12 months:
 Category: Identifiers.