PRIVACY POLICY

Last Updated: 15 December 2019

In this Privacy Policy, "we", "us" and "our" refers to: Pgnasm.com, Gymcreate Ltd.

Generally speaking, we receive and store any information you enter on our website or give us in any other way. We use the information that you provide for such purposes as responding to your requests, providing our services (e.g., domain name registration, DNS hosting, privacy services, etc, together “Services”), and communicating with you.

We collect information so that we may provide you with those Services you have requested from us. Although a large portion of the data we collect from you may be considered to be Personal Data (data that is capable, in some manner, of identifying you), we work to ensure that we do not collect more data than is necessary to provide our Services to you, or that could help in ensuring we provide the best possible Service to you. This Privacy Policy provides you with the details on how we handle your data and describes the ways you can manage your data with us.

This Privacy Policy is separated into three parts:

  • Website Users
  • Pgnasm.com Service Users (Domain Name Registrations etc.)
  • General Privacy Conditions – All Users

Each section details important information regarding the use and disclosure of your data in conjunction with the Service you have chosen to use.



WEBSITE USERS (COOKIE POLICY)

 

INFORMATION WE COLLECT


User Provided Information: We collect information you provide when choosing to participate in various activities on the website, or in obtaining a Pgnasm.com Service. Such information may include Personal Information. Personal Information includes data such as: your name, address, telephone number, email address, and other data collected that could directly or indirectly identify you.

Cookies Information: When you visit our website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Pgnasm.com may use session cookies. A session cookie is temporary and disappears after you close your browser or mobile device. you can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Pgnasm.com may use persistent cookies also. These are cookies placed on your computer or mobile device for a pre-determined length of time when you visit this site. This site only places cookies that are specific to this site. Pgnasm.com maintains its legitimate interest in using such cookies, as some features of the Website may not function properly if the ability to accept cookies is disabled. Please note that this information applies to the use of cookies by Pgnasm.com and does not cover the use of cookies or other tracking technology by any third parties. (Some of our business partners (e.g., advertisers) may use cookies on our website; however, we have no access to or control over these cookies)

Log File Information: When you use our website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Third Party Links: The website may contain links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our website and to read the privacy statements of every website that collects your personally identifiable information. This Privacy Policy applies only to information collected by our website(s).

Analytics: We may share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist us in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the website.

 

THE WAY WE USE INFORMATION

WEBSITE USERS INFORMATION

If you submit personally identifiable information to us through the website, then we may use such information to operate, maintain, and provide to you the features and functionality of the website, including, when applicable, sending you information.

Any personal information or other content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others, including Pgnasm.com, without any additional permission. We may use your email address or other personally identifiable information to send commercial, marketing, or other messages without additional consent. We may share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to assist us in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the website. We may disclose Personal Information and/or non-personally identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant. Pgnasm.com reserves the right to disclose Personal Information and/or non-personally-identifiable information that Pgnasm.com believes, in good faith, is appropriate or necessary to take precautions against liability, to investigate and defend itself against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of Pgnasm.com, our users or others, and to protect the rights, property, or personal safety of Pgnasm.com, our users or others.

COOKIES/LOG FILES

We may use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the website and to create new features, promotions, functionality, and services by storing, tracking, and analysing user preferences and trends.

We may use cookies and log file information to: (a) monitor the effectiveness of our marketing campaigns; and (b) monitor aggregate metrics such as total number of visitors, and pages viewed, etc.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

Your continued use of the website constitutes your agreement to this Privacy Policy and any future revisions.

MANAGING COOKIES

Within your browser you can choose whether you wish to accept cookies or not. Different browsers make different controls available to you and so we provide links below to popular manufacturers' instructions on how you can do this. Generally, your browser will offer you the choice to accept, refuse or delete cookies at all times, or those from providers that website owners use ("third party cookies"), or those from specific websites.

Google Chrome
Internet Explorer
Firefox
Safari
Safari Mobile

PGNASM.COM SERVICES

Before purchasing a Pgnasm.com service or product, you must familiarise yourself with this policy and we urge you to raise any queries with us prior to proceeding with your registration(s) or purchase.

INFORMATION PGNASM.COM HOLDS

GENERAL ACCOUNT INFORMATION

Pgnasm.com ordinarily requires you to provide us with that information that is required for the proper maintenance and administration of your user account with us.

Administrative Information

Information necessary for ensuring the proper administration of your account. (including contact details such as email and telephone number, for ease of contacting you in relation to your account and services)

Billing information / Payment Details

Information necessary for collecting payment for the services and products that you have purchased or obtained from us.

Data necessary for the specific Product/service obtained by you

Depending on the product or service you obtain, we may need additional information, or to use your data in another manner specific and necessary to that product or service. (See individual product/service sections below).

 

DO WE SHARE THE INFORMATION WE RECEIVE?

Yes, we do share information we receive as described in this Privacy Policy

DOMAIN NAME REGISTRATIONS

Before registering a domain name, you must familiarise yourself with this Privacy Policy and we urge you to raise any queries with us prior to proceeding with your registration(s).

PURPOSE / LEGAL BASIS FOR PROCESSING

We use your registration data for the following purposes:

(i)               To register the domain name;

(ii)              To provide the applicable registry with authoritative data to ensure the ongoing continuity, stability and resiliency of the DNS;

(iii)             Mitigation of DNS abuse, including but not limited to the investigation and mitigation of reported instances of abuse Pgnasm.com considers to be contrary to the terms of its Acceptable Use Policy;

(iv)             Maintained integrity of the current dual failsafe system at the registrar and registry levels;

(v)              Verification of registrant eligibility, where applicable; and

(vi)             To update and improve our Services, systems and ability to provide you with a secure and stable Service experience.

OTHER WAYS WE USE YOUR INFORMATION

First and foremost, Pgnasm.com uses your Registration Data to arrange your registration and supported functionality of your domain(s) with the registry operator. Additionally, Pgnasm.com may use Registrant Data to

(i)               Improve our Services, promotions and functionality

(ii)              Develop and collect aggregate statistics (ensuring appropriate anonymization) regarding our systems and Services,

(iii)             Communicate with you regarding your registration or related Services.

DATA CONTROLLER ROLES

We collect and processes your Registrant Data to carry out the registration of your domain, to ensure that your registration functions as expected, and that registrations do not affect the security of our registrar. In order to enter your chosen domain name into our system, we are required to process your data in a manner obligated in our contracts with Internet Corporation for Assigned Names and Numbers (“ICANN”). In this respect, it is our understanding under applicable law that we act as a joint data controller of your Registrant Data, working in conjunction with the TLD registry and ICANN, as herein described.

REGISTRY OPERATOR

A registry operator retains the responsibility for the processing of data necessary for the registration and maintenance of domains within one of their TLDs.

CHOICE OF REGISTRY: You should only choose a TLD with whom you feel comfortable sharing your information. It is important that you familiarise yourself with and understand the individual and specific privacy policy of the registry who is responsible for the TLD of your choice. understand such policies, or you have questions regarding any of their policies, you should discuss this with the registry operator of your chosen domain, prior to registering via our service.

 

ICANN

ICANN is the private-sector body responsible for coordinating the global Internet's systems of unique identifiers. The mission of ICANN is to coordinate the stable operation of the Internet's unique identifier systems. More information about ICANN can be found here: www.icann.org. ICANN is responsible for identifying and requiring, by contract, both registry operators and registrars to provide to them registration data. Registrant Data we collect and process is data which ICANN deems necessary to ensure the ongoing security and stability of the DNS.



PGNASM.COM HOSTING SERVICE

DATA PROCESSOR

When you choose Pgnasm.com as your hosting provider, please note that any video, image, or other content posted, uploaded or otherwise made available by you, at your discretion as user (data controller), onto your website, whether published content or not, is not considered personally identifiable information, therefore is not subject to our Privacy Policy.

In all hosting agreements, Pgnasm.com merely processes such data on your behalf, subject to the terms of the Web Builder Terms & Conditions at https://pgnasm.com/legal you are expected to have due regard to applicable legal requirements regarding your own use of data on Pgnasm.com hosting.

DISCLOSURE OF REGISTRANT AND HOSTING DATA

There are instances where Pgnasm.com may have to disclose your personal data. At all times however, such disclosure shall be limited and subject to the required safeguards.

WHOIS

Depending on applicable law, where necessary, Registration Data shall be made available to the public via an interactive webpage (https://who.is) and via a "port 43" WHOIS service. It is important that you review your registry operators’ individual WHOIS publication policy also prior to entering into a registration agreement.

Please note that we are not able to control how members of the public may use the WHOIS Information. Where the disclosure of personal data, such as is envisaged by WHOIS, is considered to be incompatible with applicable law, Pgnasm.com will, to the best of its ability and wholly dependent on the accuracy of the data provided by you, ensure that such personal data is not unnecessarily disclosed.

LIMITED DISCLOSURE WHERE NECESSARY

Pgnasm.com may continue disclose elements of this data but will only do so in a manner as outlined under the Exceptions To Disclosure section below. It is important that you also review your registry operators’ individual WHOIS publication policy also prior to entering into a registration agreement to ensure you are aware of the extent to which your personal data may be subject to disclosure.

THIRD PARTIES PROCESSING DATA ON OUR BEHALF

We ordinarily require that third parties receiving data agree, by way of a written agreement, to process such information in compliance with this Privacy Policy. Pgnasm.com will use reasonable efforts to limit any third party’s use of such information in compliance with applicable data privacy laws.

ABUSE MANAGEMENT

Pgnasm.com uses the third-party services to track reports, and actions relating to abusive use of our domains or the detection and mitigation of fraudulent activity on our platforms. Your data may be stored on each of these vendor’s servers, subject to industry standard encryption and security protections.

ADVERTISERS

We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

PARTNERS


We partner with other parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. When you sign up for such a service, you must familiarise yourself with the privacy policy of that provider, and should you have any queries, please contact the relevant service provider, or Pgnasm.com, so that we may answer any queries you may have.

SERVICE PROVIDERS

 

We engage other companies and individuals to perform enhanced services on our behalf. In addition, certain of our enhanced services require that we contact Internet directories and various search engines on your behalf. Many of our service providers have access to personal information needed to perform their services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

AGENTS

 

We engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analysing data. These persons have access to personal information needed to perform their functions. These companies do not retain, share, store or use personally identifiable information that you provide to us for any secondary purposes.

BUSINESS TRANSFER

 

As we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets. Also, if we or all or substantially all of our assets were ever to be acquired, customer information will of course be one of the transferred assets.

EXCEPTIONS TO DISCLOSURE LIMITATIONS

 

Pgnasm.com will not disclose your personal information except as pursuant to the terms of this Privacy Policy. There are however times where we may have to disclose information. Such instances are limited to disclosures:

·       Necessary to fulfil a transaction or provide information you have requested;

·       In your vital interests or in the vital interests of another person, including events of an emergency that pose a threat to your safety;

·       Required by law or necessary to respond to legal process;

·       In circumstances in which Pgnasm.com believes that its registrar system, websites, domain names, or Services are being used in the commission of a crime;

·       Necessary to enforce our Acceptable Use Policy, and to protect the security or integrity of the DNS or our Website;

·       As necessary to establish, assert, defend, or protect our rights or property; or

·       As necessary to meet the requirements of requests, lawfully made by public authorities, including requests to meet national security or law enforcement requirements.

SHARING WITHIN GYMCREATE LTD FAMILY OF COMPANIES

As part of the Gymcreate Ltd. Family of Companies we may share information we have about you within the “Family of Companies”. Such sharing however shall be strictly limited in use. We will only share information about you to such members of the Family of Companies to facilitate, support and integrate their activities in a manner that is consistent with, and related to, the original stated use of the information, as explained to you upon collection, and to improve the provision of our services to you.

Affiliates: The Family of Companies includes the following companies: Senary Media Group, Pgnasm.com, gymcreate, gymcareer;

 

GENERAL PRIVACY CONDITIONS – ALL USERS

NOTE REGARDING SENSITIVE PERSONAL INFORMATION

“Sensitive Personal Information” refers to personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying sex life of the individual.

We do not ordinarily or knowingly require or collect Sensitive Personal information, nor do we use or disclose such information with third parties without your explicit consent.

NOTE REGARDING CHILDREN (under 18 years of age)

Please note that we do not knowingly permit or solicit information from individuals under eighteen (18) years of age. In addition, we do not knowingly market our products or services to individuals under eighteen (18) years of age. You may use our services only with involvement and permission of a parent or guardian.

INFORMATION SECURITY

HOW SECURE IS INFORMATION ABOUT ME?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorised access, maintain data security, and correctly use your information. To that extent, Pgnasm.com employs security measures that are deemed commensurate to the quality of data held, with due regard to the state of the art and cost of the available security measures, and the risk to the privacy rights of you, as data subject. We do not, nor can we, guarantee security. Neither people nor security systems are foolproof, including encryption systems.

DATA BREACHES

Where a breach occurs, Pgnasm.com shall, upon discovering such a breach, ensure that our obligations under applicable data privacy requirements, and with specific acknowledgement of Articles 33 and 34 of the GDPR, are complied with where applicable.

RETENTION OF DATA

Pgnasm.com does not retain any Personal Information for longer than is necessary.

REGISTRANT DATA – REPORTS OF DNS ABUSE

Where Pgnasm.com has specifically investigated or has taken action relating to a specific domain or domains, which have been flagged or confirmed as engaged in abusive behaviours (as per our acceptable use) we will ordinarily retain such data until such a time that such data is no longer necessary to defend against current or possible future suit(s). This period depends on limitation periods applicable, however should ordinarily be no longer than six (6) years.

WHAT INFORMATION CAN I ACCESS?

To access, update or delete your personal information, Pgnasm.com will provide you with access to certain information about you for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, log in to your account. When you update information, we usually keep a copy of the prior version for our records.


ACCESS TO PERSONAL DATA

Where applicable, you have the right to obtain from Pgnasm.com a confirmation as to whether or not your personal data is being processed. In addition, where such processing is confirmed, and you request it, we shall arrange access to the personal data and the following information;

a.               The categories of personal data concerned;

b.              The recipients or categories of recipient to whom the personal data have been or will be disclosed;

c.

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