Internap Corporation (“INAP”), together with its domestic and foreign subsidiaries (collectively, “INAP”), provides high-performance data center services including colocation, managed hosting, cloud, and network services across a global network of data centers and POP locations. INAP customers may use INAP services to store, transmit, encrypt, decrypt, modify, process and otherwise manipulate or transmit data. In most cases, INAP does not directly control how its services and infrastructure are utilized and what information is stored on or transmitted through such infrastructure.
Certain of this data may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”). In addition, certain of the INAP services may constitute “processing” as that term is defined in GDPR. As such, GDPR may apply to INAP in certain circumstances, depending on the services provided and data stored.
The following disclosures concerning INAP’s compliance with GDPR are presented for informational and compliance purposes only. Nothing in these disclosures constitutes a representation that any particular data or service is governed or subject to GDPR, nor do these disclosures represent or constitute any contract or undertaking with any customer or prospective customer.
GDPR is set to take effect on May 25, 2018. On and after that date, INAP will comply with GDPR to the extent applicable.
Under GDPR, INAP may be designated as (i) a “controller” subject to GDPR with respect to certain data sets; (ii) a “processor” subject to GDPR with respect to certain data sets; or (iii) not subject to GDPR for certain data sets.
If GDPR applies, in most cases, INAP will be a “processor.” This means that INAP will store or perform some other set of operations on a data set that contains “personal data” for a customer, at the customer’s written direction.
Example: INAP provides managed services hosting to Customer A, a retailer based in France. This customer stores shoppers’ names, birthdates, email addresses and credit card information and many of these shoppers are EU citizens. Customer A is a “controller” of the shopper data. In connection with the managed services hosting, INAP has logical access to the shopper data, and therefore, INAP is a “processor” of the shopper data. INAP processes data for Customer A pursuant to a processor agreement.
For other relationships, GDPR will not apply, either because the data does not constitute protected data, or because the customer is not subject to GDPR.
Example: A US-based customer purchases managed hosting services for marketing data concerning US citizens. GDPR does not apply.
Example: An EU-based customer purchases colocation services from INAP. INAP does not have logical access to any customer data. INAP does not have a login, passwords, or any other data, and cannot access the server. INAP provides only physical security of the actual machine storing the data. INAP is not a data processor because INAP does not perform any operation on the customer’s data. It is not necessary to execute a processor agreement with INAP under GDPR.
Example: An EU-based customer purchases network services from INAP. INAP does not have logical access to any customer data in connection with network services. It is not necessary to execute a processor agreement with INAP under GDPR, because INAP is acting as a “mere conduit” of the data and is not considered a processor of the data.
Security: INAP implements standard up-to-date security measures to secure the environment and connections through which INAP provides its services. INAP can deliver additional and/or alternative measures upon customer’s request.
Disclosure: INAP will not disclose any information to any third party unless authorized by law, or authorized by either the data subject, controller, or processor as the case may be.
If INAP is a “processor” under GDPR for a particular data set, INAP will enter into a processor agreement or data processor addendum. This agreement is required by GDPR and governs the terms of INAP’s processing of the protected data at issue.
If INAP is a “controller” under GDPR, INAP will comply with applicable GDPR obligations. These include, but are not limited to the following:
To ensure GDPR Compliance, INAP undertakes the following:
For any further questions regarding this notification or INAP’s compliance with GDPR more generally, please contact us at: firstname.lastname@example.org. Please be advised that INAP cannot respond to any questions regarding your status as a controller or processor.
As set forth above, in certain instances INAP will act as a controller under GDPR. Article 13 and 14 of GDPR require INAP to provide certain information to data subjects when collecting their personal data directly from them or from third parties (such as an employer).
INAP and/or any of its domestic and foreign subsidiaries will constitute the controller for GDPR purposes in the event that the data in question is personal data under GDPR and is collected by INAP. If you have any questions or concerns regarding collection of your personal data, please contact email@example.com.
INAP may utilize personal data in a number of ways in order to meet obligations under various agreements, to pursue legitimate interests such as facilitating services pursuant to contractual agreements with entities, including providing services such as colocation, managed hosting, cloud, and network services. The legal basis for this processing generally will be that it is necessary for the legitimate interests outlined above, but other bases may include compliance with legal obligations or consent.
The recipients of personal data will depend in large part on the services being provided that require the processing of personal data. In many cases, the only recipients of such data will be employees of INAP who have committed themselves to confidentiality. In other cases, INAP may transmit such data to processors or other controllers as necessary to meet INAP’s obligations.
INAP may transfer personal data outside of the European Union or European Economic Area. When INAP does this, appropriate safeguards will be in place, such as Privacy Shield accreditation or the insertion of approved model clauses. INAP will only transfer personal data to foreign controllers and processors who meet these standards.
INAP will only store your data as long as required by the basis for processing. For example, INAP will only store personal data that is being processed pursuant to INAP’s legitimate interest so long as such interest is present. If INAP is processing personal data based on consent, that consent may be withdrawn by you at any time. Please contact firstname.lastname@example.org to withdraw such consent.
INAP is committed to fulfilling its obligations concerning the exercise of your rights under GDPR. Please be advised that you have the following rights under GDPR (to the extent GDPR applies to your personal data):
Should you have any questions regarding the exercise of these rights, please contact email@example.com. INAP may provide additional information in communications directly with data subjects as necessary.Last Revised: September 2018