Privacy Policy

Introduction

trustee-privacy-policy

WP Engine, Inc. (“we”, “us”, or “our”) respects your privacy and is committed to maintaining the privacy and confidentiality of any personal data we collect either through WPEngine.com (“Site”) or through the provision our managed hosting services (“Services”). The purpose of this Privacy Policy is to inform you of our personal data collection, use, and processing practices. This Privacy Policy also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. If you have any questions about this Privacy Policy, please feel free to contact us at the information provided below.

EU – U.S. Privacy Shield

We (and our subsidiary companies WP Engine (UK) Limited and WP Engine Ireland Limited) participate in and have certified our compliance with the EU – U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries to the Framework’s applicable Principles.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.

Under the Privacy Shield Framework, 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 including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, 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 (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint) you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

U.S. – Swiss SAFE HARBOR

We comply with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program and to view our certification, please visit https://safeharbor.export.gov/swisslist.aspx.

PERSONAL DATA WE COLLECT AT YOUR DIRECTION

We may collect an individual’s information under the direction of one our customers, but we have no direct relationship with the individuals whose personal data is controlled by our customers. The use of your information collected through your use or a customer’s services shall be limited to the purpose of providing the Services for which you or that customer engaged WP Engine.

Our obligations with respect to personal data for which we are the data processor, such as personal data that you may store or transfer using the Services, are defined in our agreements for use of the Services and are not included in this Privacy Policy. You remain responsible for the personal data that you collect and process and for compliance with applicable data protection laws. If you would no longer like to be contacted or if you have any questions about how one our customers uses your personal data, please contact them directly. Additionally, we may transfer personal information to companies that help us provide our Services. Our obligations regarding transfers to third parties are covered in our agreements for use of the Services and are not included in this Privacy Policy.

PERSONAL DATA YOU PROVIDE TO 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 the visitor’s interaction with us. We do not disclose personal data other than as described below. You can always refuse to supply personal data, however, doing so may prevent you from receiving our Services and may prevent you from engaging in other activities on the Site. In no event will we ever gather 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 in any free-text fields that are present on the Site.

PASSIVE COLLECTION

As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or 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 & OTHER TECHNOLOGIES ON THE SITE

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.

INFORMATION SHARING

We disclose personal data only to our employees and third parties (such as the service providers that need to know that information in order to process it on our behalf or to help provide the Services) that have agreed not to disclose it to others. These employee or third party provided services may include:

  • Payment processing
  • Providing customer service
  • Sending marketing communications
  • Conducting research and analysis
  • Providing cloud computing infrastructure

Some of the employees or third parties providing these services may be located outside of your home country (e.g. in the United States). By using the Site or signing up for the Services you consent to the transfer of your information to them.

We will not rent or sell personal data to anyone other than in conjunction with the sale of our business. Other than described in this Privacy Policy, we disclose personal data only when required to do so by law, such as to comply with a subpoena or other legal process. When we believe in good faith that disclosure is reasonably necessary to (i) protect our property or other rights, protect the property or other rights of third parties, or protect the public at large; (ii) investigate fraud; or (iii) respond to a government request.

If you are our customer, we will occasionally send you emails to tell you about new features, solicit your feedback, or keep you up to date with what is going on at WP Engine. If you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. We own all such feedback.

CHANGING INFORMATION

Upon request, we will provide you with details regarding whether we hold any of your personal information. If you would like to change information that we maintain about you, you may log into your account and change it. If you would like to change information that you are unable to access, you may contact us at [email protected] or through our user portal for assistance in making your requested changes. 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 use of our Services. Also, you may request that we update or correct your personal data by contacting us at [email protected] or by writing us at: WP Engine, Inc. ATTN: General Counsel, 504 Lavaca St., Suite 1000, Austin, Texas 78701. We will respond to your request within a reasonable timeframe.

We acknowledge that you have the right to access your personal information, but – with respect to the data that we collect at the direction of our customers – we have no direct relationship with the individuals whose personal data we process. An individual who seeks to access, correct, amend, or delete inaccurate data maintained by one of our customers should direct their query to that customer acting as the data controller.

We may keep your personal information and the data we process on your behalf as covered by this Privacy Policy for as long as needed to provide the Services to you or for a period of twelve months from the date you terminate your relationship with us. Additionally, we will retain this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

E-MAIL OPT-OUT

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 at the information provided below.

ADS

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. If you are located in the European Union, please click here.

CHANGES TO THIS PRIVACY POLICY

Although most changes are likely to be minor, we may change this Privacy Policy from time to time in our sole discretion. We encourage you to frequently check this page for any changes to our Privacy Policy. If we make a change to this Privacy Policy, we will notify you by e-mail (sent to the e-mail address specified in your account, if applicable) or by means of a notice on our Site prior to the change becoming effective. All such changes are effective at the time set out in our notice. If you disagree with such a change, you may discontinue use of the Services or Site.

APPROPRIATE PROCEDURES

We have put in place reasonable measures and appropriate procedures for implementing these policies and for safeguarding the information we collect from you. 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 information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at [email protected]

DMCA WEBSITE NOTICE

If you believe that one of our customers is infringing your copyright on a site hosted by WP Engine, please send a written notice to:

Legal
ATTN: General Counsel
WP Engine, Inc.
504 Lavaca, Suite 1000
Austin, TX  78701
[email protected]

Section 512(c) of the DMCA requires that a notice include all of the following in order to be valid:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WP Engine to locate the material;
  • Information reasonably sufficient to permit WP Engine to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the foregoing requirements your DMCA notice may not be valid, and we may take no action.