Last updated: 8 August, 2023

  1. Introduction

    This policy describes how and why we might collect, store, use, and/or share ("Process") your information when you use our Services, for example, when you:
    1. visit our website (i.e. https://www.indieweb.co.nz)
    2. visit any other website owned by us that links to this policy
    3. use our Services
    We also Process User Content for our clients. This policy does not address what we do with User Content on our clients' instructions (i.e., as their processor). If you are an end user of one of our clients' websites or applications and want to know how our client handles your information, you should check their privacy policy.

    Any capitalised terms not defined in this policy shall have the meanings set forth in our Terms and Conditions.

    If you do not agree with any part of this policy, please refrain from using our Services. Your continued use of our Services implies acceptance of this policy and of our Terms and Conditions.
  2. What Information Do We Collect?
    1. Personal Information You Disclose to Us

      In Short: We collect personal information that you provide to us.

      We collect personal information that you voluntarily provide to us when you use our Services, express an interest in obtaining information about us or our Services, or when you otherwise contact or interact with us.
      1. Personal Information Provided by You: The personal information that we collect depends on the context of your interactions with us and our Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
        1. names
        2. phone numbers
        3. email addresses
        4. usernames
        5. passwords
        6. contact preferences
        7. billing addresses
      2. Sensitive Information: We do not Process sensitive information.
      All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
    2. Information Automatically Collected

      In Short: Some information, such as your Internet Protocol (IP) address and/or browser and device characteristics, is collected automatically when you use our website or Software and Hosting Services.

      We automatically collect certain information when you access or use our website or Software and Hosting Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our website or Software and Hosting Services, and other technical information. This information is primarily needed to maintain the security and operation of our website and Software and Hosting Services and for our internal analytics and reporting purposes.

      We also collect information through cookies and similar technologies. You can find out more about this in our Cookie Policy.

      The information we collect includes:
      1. Log and Usage Data
        Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).
      2. Device Data
        We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
      3. Location Data
        We collect information about your device's location, the accuracy of which varies greatly depending on a wide range of factors. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.
    3. Information Collected from Other Sources

      In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

      In order to enhance our ability to provide relevant marketing, offers and services to you, and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behaviour data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and promotion.
  3. How Do We Process Your Information?

    In Short: We Process your information to provide, improve and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also Process your information for other purposes with your consent.

    We Process your personal information for a variety of reasons, depending on how you interact with our Services, including (but not limited to):
    1. to facilitate user account creation, authentication, and management
    2. to facilitate delivery of our Services to you
    3. to respond to your enquiries or provide support
    4. to send administrative information to you
    5. to request feedback from you
    6. to send you marketing and promotional communications
    7. to save or protect an individual's vital interests
  4. What Legal Bases Do We Rely On to Process Your Information?

    In Short: We only Process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.

    If you are located in the EU or UK, this section applies to you.

    The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to Process your personal information. As such, we may rely on the following legal bases to Process your personal information:
    1. Consent
      We may Process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
    2. Performance of a Contract
      We may Process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including (but not limited to) providing our Services or agreeing upon a Terms of Referenece with you.
    3. Legitimate Interests
      We may Process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may Process your personal information for some of the purposes described in order to:
      1. send you information about special offers and discounts on our Services
      2. understand how you use our Services so we can improve your experience
    4. Legal Obligations
      We may Process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
    5. Vital Interests
      We may Process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
  5. When and With Whom Do We Share Your Personal Information?

    In Short: We may share information in specific situations described in this section and/or with the following third parties.

    We may need to share your personal information in the following situations:
    1. Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  6. Do We Use Cookies or Other Tracking Technologies?

    > We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.
  7. How Long Do We Keep Your Information?

    In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this policy unless otherwise required by law.

    We will only keep your personal information for as long as it is necessary for the purposes set out in this policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

    When we have no ongoing legitimate business need to Process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  8. How Do We Keep Your Information Safe?

    In Short: We aim to protect your personal information through a system of organisational and technical security measures.

    We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we Process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Software and Hosting Services within a secure environment.
  9. What Are Your Privacy Rights?

    In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

    In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right:
    1. to request access and obtain a copy of your personal information,
    2. to request rectification or erasure,
    3. to restrict the processing of your personal information; and
    4. if applicable, to data portability.
    In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the clause 13.

    We will consider and act upon any request in accordance with applicable data protection laws. If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

    If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.
    1. Withdrawing Your Consent
      If we are relying on your consent to Process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in clause 13.

      However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
    2. Opting Out of Marketing and Promotional Communications
      You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided in clause 13. You will then be removed from the marketing lists. However, we may still communicate with you, for example, to send you information that is necessary for the administration and use of our Services, to respond to your requests, or for other non-marketing purposes.
    3. Updating Your Information
      If you would like to review or change the information in your account or terminate your account, you may, at any time:
      1. log in to your account and update your account
      2. contact us using the contact information provided in clause 13
      Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
    4. Cookies and Similar Technologies
      Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features of our Services. For further information, please see our Cookie Policy.
  10. Controls for Do-Not-Track Features

    Some web browsers and mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting that you can activate to signal your preference to not have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice to not be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
  11. Do California Residents Have Specific Privacy Rights?

    In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

    California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided in clause 13.

    If you are under 18 years of age, reside in California, and use our Software and Hosting Services, you have the right to request removal of data that you publicly post on the Software and Hosting Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Software and Hosting Services, but please be aware that the data may not be completely or comprehensively removed from all of our systems (e.g. backups, etc.).
  12. Do We Make Updates to This Policy?

    We may update this policy from time to time. The updated version is indicated by a "Last Updated" date and the updated version will be effective as soon as it is accessible. If we make material changes to this policy, we may communicate these changes to you by:
    1. posting a notice of such changes on our website or
    2. notifying you directly via email
  13. How Can You Contact Us About This Policy?

    If you have questions or comments about this policy, you may contact us via our website contact form, email, phone on 0800 46343932, or by post at:

    indie.web Limited
    23 Glenelg Road
    Red Beach 0932
    New Zealand
  14. How Can You Review, Update or Delete the Data We Collect From You?

    Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, update that information, or delete it. To request to review, update, or delete your personal information, please contact us.
  15. Definitions

    "Process" has the meaning given to it in clause 1.