| 1 | | Welcome to cPanel! This document sets forth the terms and conditions that apply to your use of the cPanel website ("Site") and all services provided on or through the Site (collectively, the "Services"). You must review this document carefully because it is a legal and binding agreement between you and cPanel, L.L.C. ("cPanel," "we" or "us"). By using the Site or by clicking the "I Agree" button, you agree to the terms and conditions of this Terms of Use ("Agreement"). If you do not agree to the terms and conditions of this Agreement, click the "I Do Not Agree" button or discontinue your use of the Site. You may not use the Site or the Services if you do not agree to the terms and conditions of this Agreement. |
| 1 | ## WebPros Privacy Policy |
| 2 | 2 | |
| 3 | | cPanel reserves the right to revise, modify, add or remove the terms and conditions of this Agreement at any time. In the event that we do so, we will notify you in accordance with the notice provisions of this Agreement. Take note of the Effective Date listed at the top of this Agreement. If we make changes to the terms and conditions, we will update the Effective Date to note the date of such changes. By continuing to use the Site after receiving notice of the updated Agreement, you agree to the new terms and conditions. |
| 3 | v.15 - Updated May 28th, 2026 |
| 4 | 4 | |
| 5 | | ## Description of services |
| 5 | ## A. General Note |
| 6 | 6 | |
| 7 | | The Services include all the services provided on or through this Site, including but not limited to sales, documentation, discussion forums, newsletters, mailing lists and other services which cPanel may add in the future. cPanel reserves the right to add, remove, modify or suspend all or some of the Services at any time. |
| 7 | This Privacy Policy is aimed at worldwide users of WebPros websites and other online services (collectively the "Offerings"). To ensure a proper and secure handling of personal data handed over to us, WebPros has decided to make the principles of the **EU General Data Protection Regulation (GDPR)** applicable to all its global entities as a common standard in addition to local privacy laws in effect. E.g. for Europe, both, the provisions of the GDPR and the provisions of the **Swiss Data Protection Act (DSG)** and the **UK General Data Protection Regulation** (for WHMCS) apply, whereas in the USA, the applicable privacy regulations per state apply. If your locally applicable data protection law grants you a level of data protection that exceeds that of the GDPR, this stricter level will also apply in the relationship between you and WebPros. However, the level of data protection provided by the GDPR will never be undercut. Insofar as the terms of the GDPR are used (e.g. "processing" or "personal data"), these are to be understood as having the same meaning in the sense of the Swiss DSG and/or your local data protection laws, insofar as this is objectively possible. The aim of this Privacy Policy is to ensure the protection of your personal data in accordance with the fundamental requirements of the GDPR and the Swiss DSG. |
| 8 | 8 | |
| 9 | | ## Ownership and license to use site |
| 9 | ## B. Third Country Transfer |
| 10 | 10 | |
| 11 | | Except for content submitted by you or other users of the Site and except for certain third-party content on the Site, cPanel owns all right, title and interest in and to the Site, the Services and the information, data, text, computer code, source code, audio, images, video, messages, tags or other materials ("cPanel Content") on the Site, including any Intellectual Property Rights. By "Intellectual Property Rights" we mean trade secret rights, rights in know-how, moral rights, copyrights, patents, trademarks (and the goodwill represented thereby), and similar rights of any type under Applicable Law, including all applications for and registrations of any of the foregoing. By "Applicable Law" we mean applicable international, federal, state or local laws, statutes, ordinances, regulations or court orders. |
| 11 | Data processing also includes disclosure by transmission to third parties and, where applicable, to so-called third countries outside the European Union ("EU") and the European Economic Area ("EEA"). Where we transfer data to countries outside the EU or the EEA, we have labelled this below. In the case of data transfer within our group of undertakings, there are generally adequacy decisions by the European Commission pursuant to Art. 45 para. 3 GDPR for the countries in which our group company is located, namely Switzerland, Japan and Canada. In the case of data transfer to our group company based in the USA, such company is certified under Data Privacy Framework standards, a data processing agreement is in place and there are corresponding EU standard contractual clauses. |
| 12 | 12 | |
| 13 | | cPanel also owns all right, title and interest in and to the cPanel trademarks, service marks, trade dress and logos ("cPanel Trademarks"). The use of the cPanel Trademarks is governed by cPanel's [Trademark Usage Policy](https://www.cpanel.net/trademark/). By agreeing to this Agreement, you also agree to abide by cPanel's Trademark Usage Policy. We established this policy to protect consumers from misleading or confusing uses of the cPanel Trademarks. |
| 13 | **Supplementary in accordance with Swiss data protection law**: |
| 14 | 14 | |
| 15 | | Unless otherwise expressly specified, the cPanel Content, Services and the Site are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without the written permission of cPanel. |
| 15 | Subjects resident in Switzerland or as far as the DSG applies, we comply with the requirements of Art. 16 et seq. DSG. Personal data is only transferred abroad if the country in question has an adequate level of data protection (e.g. the EU Member States, Japan, Canada and the USA for certain areas in accordance with the Swiss-U.S. Data Privacy Framework) or appropriate safeguards are in place to protect the data, for example by concluding standard data protection clauses, contractual agreements or other suitable protective measures. |
| 16 | 16 | |
| 17 | | You acknowledge and agree that the Site, Services, cPanel Trademarks and cPanel Content (collectively, "cPanel IP Rights") are and shall remain the sole and exclusive property of cPanel. You agree that you shall never oppose, seek to cancel, or otherwise contest cPanel's ownership of the cPanel IP Rights or act in any manner that would or might conflict with or compromise cPanel's ownership of the cPanel IP Rights, or similarly affect the value of the cPanel IP Rights. |
| 17 | Unless an adequacy decision or appropriate safeguards are in place, data will only be transferred in exceptional cases, for example if it is necessary to fulfil a contract or if you have given your express consent. |
| 18 | 18 | |
| 19 | | ## Restrictions on use of the site and member conduct |
| 19 | **Supplementary in accordance with data protection laws in the United States:** |
| 20 | 20 | |
| 21 | | You must be thirteen years of age or older to use this Site. Viewing or using certain sections of the Site and Services require you to have an account in good standing. In order to have an account in good standing you must comply with the terms and conditions of this Agreement and follow the procedures set forth in the Account Security section of this Agreement. |
| 21 | WebPros complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. WebPros has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. WebPros has further certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, these DPF Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, please visit https://www.dataprivacyframework.gov/ and to view our certification. |
| 22 | 22 | |
| 23 | | You agree that you are responsible for your use of the Site and the Services, including any information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials ("User Content") that you Submit to the Site through any means. For purposes of this Agreement, to "Submit" something means to email, post, upload, distribute or otherwise make available to cPanel or on or through the Site whether electronically, by telephone, fax or any other means. |
| 23 | With respect to personal data received or transferred pursuant to the DPF program, WebPros US is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. |
| 24 | 24 | |
| 25 | | In using the Site or Services, you must comply with all Applicable Laws including all Applicable Laws related to the import, export or re-export, directly or indirectly, of any software accessed or downloaded from or through the Site. |
| 25 | Pursuant to the Data Privacy Framework (DPF) program, EU, UK, and Swiss you have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, WebPros will provide you with access to the personal information that is held about you. You may also correct, amend, or delete the personal information held about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Data Privacy Framework (DPF) program, should direct their query to [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection). If requested to remove data, we will respond within a reasonable timeframe, respecting the given legal boundaries. |
| 26 | 26 | |
| 27 | | In using the Site and the Services, you agree that you will not engage in any of the following or authorize or encourage any third party to engage in any of the following: |
| 27 | Before sharing your data with third parties other than our agents, or before using it for a purpose other than the one which it was originally collected for or subsequently authorized, WebPros requires your individual and informed consent, which can be obtained via the consent management platform used by WebPros. To request to limit the use and disclosure of your personal information, please submit a written request to [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection). |
| 28 | 28 | |
| 29 | | - Submit any content that is unlawful, defamatory, hateful, invasive of another's privacy, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by cPanel; |
| 30 | | - Submit any content that (a) infringes upon any third party Intellectual Property Rights or other proprietary right, (b) violates any contractual or fiduciary rights or obligations or (c) misappropriates any trade secrets; |
| 31 | | - Submit any content that you do not have ownership of (unless you have sufficient rights, consents or licenses to Submit such content); |
| 32 | | - Submit any content, script, code, software or other materials that contains viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
| 33 | | - harm, impair, delay or otherwise disrupt or prevent others from using the Site or Services; |
| 34 | | - Submit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except (a) in those areas (such as the Ads & Offers forum) that are designated by cPanel for such purpose; and (b) only if such advertising and promotional materials comply with all Applicable Laws and are not false or misleading; |
| 35 | | - use the Site or Services for any fraudulent or inappropriate purpose; |
| 36 | | - attempt to gain unauthorized access to the Site or Services, other accounts, computer systems or networks connected to any cPanel server or to any of the Services, through hacking, password mining or any other means; |
| 37 | | - Interfere with, disrupt, tamper with or access without authorization any computers, servers or networks of cPanel or operated by others on behalf of cPanel; |
| 38 | | - forge, delete or otherwise manipulate headers or other identifiers in order to disguise the origin of any content you Submit; |
| 39 | | - stalk or otherwise harass another; or |
| 40 | | - collect personal information about other users. |
| 29 | In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Each such request is evaluated and assessed by the WebPros Legal Department prior to making a decision about any data release. WebPros will only provide requested data if it is legally obligated to do so. |
| 41 | 30 | |
| 42 | | cPanel has the right but not the obligation to pre-screen, refuse, disable access to or remove any User Content that is available via the Site or Services, including by removing any User Content that violates this Agreement or that we otherwise find objectionable. cPanel also has the right, but not the obligation, to investigate your use of the Site or Services to determine whether you have violated this Agreement. cPanel may access your account and otherwise engage in investigations to the extent required or permitted by Applicable Law or to comply with a legal process or governmental request. |
| 31 | Our accountability for personal data that we receive in the United States under the Data Privacy Framework (DPF) program and subsequently transfer to a third party is described in the Data Privacy Framework (DPF) program principles. Categories of third parties that could be involved in the transfer or processing of your data can be viewed in section 6 of this Privacy Policy. These might include online advertisers of our company and product services, website visitor analytics provider or sales target intelligence providers. Each third party which is entrusted with personal data is bound by a Data Processing Agreement in accordance with data protection laws in effect. In particular, we remain responsible and liable under the Data Privacy Framework (DPF) program Principles if third-party agents we engage to process personal data on our behalf do so in a manner inconsistent with the principles, unless we prove that we are not responsible for the event giving rise to the damage. |
| 43 | 32 | |
| 44 | | Without limiting any of cPanel's other legal rights, remedies and defenses, all of which are expressly reserved, cPanel may terminate or suspend any account for breach of this Agreement at any time in its sole discretion, including for any repeated breach of this Agreement's prohibition on User Content that violates third-party Intellectual Property Rights. A breach of any cPanel agreement or policy that you are required to abide by under the terms of this Agreement counts as a breach of this Agreement. For example, if you breach a provision of cPanel's Trademark Usage Policy or an applicable cPanel End User License Agreement, each such breach would count as a breach of this Agreement. Any violation of this Agreement may subject you to state and federal penalties and other legal consequences. |
| 33 | In compliance with the DPF principles, we commit to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Framework (DPF) program. European Union, United Kingdom, and Swiss individuals with Data Privacy Framework (DPF) program inquiries or complaints should first contact us by email at [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection) or via post at: |
| 45 | 34 | |
| 46 | | ## Your license to cPanel |
| 35 | Webpros International, LLC 1100 W 23rd St Suite 153 Houston TX, 77008 [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection) |
| 47 | 36 | |
| 48 | | You hereby grant cPanel a nonexclusive, royalty-free, worldwide and sublicensable right to distribute, reproduce, publicly display, create derivative works based upon and otherwise use any User Content that you submit on or through to the Site or Services. The license granted in the preceding sentences will terminate at the time you completely remove such User Content from the Site or Services unless cPanel has relied upon such license prior to the time you completely remove such User Content. For example, if cPanel has relied upon your license grant and used your User Content for promotional purposes prior to your removal of the User Content from the Site, cPanel is entitled to continue to use your User Content. In other words, your license grant under this paragraph becomes irrevocable if cPanel relies on it. Otherwise, the license grant expires once you remove the User Content from the Site. |
| 37 | We have further committed to refer unresolved privacy complaints under the Data Privacy Framework (DPF) program Principles to an independent dispute resolution mechanism, Better Business Bureau ("BBB") National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit [https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers](https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers) for more information and to file a complaint. This service is provided free of charge to you. |
| 49 | 38 | |
| 50 | | Additionally, with respect to any feedback (including testimonials), suggestions or ideas ("Submissions") that you submit to cPanel on or through the Site or Services concerning the Site, or any of cPanel's products or services, you agree that: (a) your Submissions will automatically become the property of cPanel, without any compensation to you; (b) cPanel may use or redistribute the Submissions for any purpose and in any way; (c) cPanel is not obligated to review the Submission; and (d) cPanel is not obligated to keep any Submissions confidential. |
| 39 | If your complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See [https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction](https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction) |
| 51 | 40 | |
| 52 | | ## cPanel privacy policy |
| 41 | **Supplementary in accordance with data protection laws in California / USA:** |
| 53 | 42 | |
| 54 | | cPanel respects your privacy. Because of this, we have established a privacy policy to disclose what information we collect from you and how we use, disclose and store such information. By Agreeing to the terms and conditions of this Agreement, you acknowledge that you have read, understood and agreed to the terms and conditions of the cPanel [Privacy Policy](https://www.cpanel.net/privacy-policy/). |
| 43 | If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of Personal Information during the preceding year for the third parties' direct marketing purposes. Alternatively, the law provides that a company may comply, as WebPros does, by disclosing in its Privacy Policy that it provides consumers with a choice (opt-out or opt-in) regarding sharing Personal Information with third parties for those third parties' direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Webpros provides you choice prior to sharing your Personal Information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time cPanel offers that choice, cPanel does not share your information with that identified third party for its direct marketing purposes. |
| 55 | 44 | |
| 56 | | ## Account security |
| 45 | If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: privacy \[at\] cpanel.net or write to us at the following mailing address: |
| 57 | 46 | |
| 58 | | If any of the Services on the Site require you to create an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You must select a password and a username. cPanel may provide you with tools to assist you in evaluating the strength of the password you select to access the Site and Services, but we cannot guarantee that such password will provide absolute protection. Additionally, we are not responsible for the protection of any password you use to sign up to any of our newsletters and mailing lists. We will periodically email you the password you use for such newsletters and mailing lists so that password will be inherently insecure. You should use a different password for your account other than the password you use for our newsletters and mailing lists. |
| 47 | Webpros International, LLC Attention: Privacy 1100 W 23rd St Suite 153 Houston TX, 77008 [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection) |
| 59 | 48 | |
| 60 | | You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You agree to notify cPanel immediately of any unauthorized use of your account or any other breach of security. cPanel will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by cPanel or another party due to someone else using your account or password. You may not use anyone else's account at any time. If you provide any information that is false, inaccurate, out of date or incomplete, or if cPanel has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, cPanel may suspend or terminate your account and refuse any and all current or future use of the Services, the Site or any portion thereof. |
| 49 | Please put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your letter if you choose to write to us at the designated mailing address. You must also include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labelled or sent properly, and do not have complete information. |
| 61 | 50 | |
| 62 | | ## Links to third party sites |
| 51 | ## C. Joint Data Processing within the WebPros group |
| 63 | 52 | |
| 64 | | This Site may contain links to third-party websites posted to the Site by cPanel or other users. cPanel does not control such third-party sites or the content of such sites. cPanel does not endorse and is not responsible for such third-party sites or content. Use your best judgment when navigating away from the Site. |
| 53 | ### 1\. Joint Data Processing |
| 65 | 54 | |
| 66 | | ## Your representations and warranties |
| 55 | As part of our business operations and the use of our website, we work closely within the WebPros group and jointly process certain personal data. The goal is to make our internal processes, IT systems, and administration efficient and secure. This may require us to share data within the WebPros group or process it in systems that we operate jointly. |
| 67 | 56 | |
| 68 | | By Submitting any User Content or Submissions, you represent and warrant that (a) you have the right to grant to cPanel the licenses granted under this Agreement (or the right to assign the rights you have assigned to cPanel under this Agreement); (b) that none of the User Content or Submissions you Submit infringes the Intellectual Property Rights of any third party; and (c) that each person depicted in any images included in any User Content, if any, has consented to the use of their images or likeness. |
| 57 | The following entities belong to the WebPros group of companies: |
| 69 | 58 | |
| 70 | | ## Disclaimer of warranty |
| 59 | - WebPros International GmbH, Vordergasse 59, 8200 Schaffhausen / Switzerland |
| 60 | - WebPros Germany GmbH, Hohenzollernring 72, 50672 Cologne / Germany |
| 61 | - WebPros International L.L.C., 1100 W 23rd St, Houston, TX 77008 / USA |
| 62 | - WebPros Spain S.L.U., Carrer d'Aragó, 182, Àtic, 08011 Barcelona / Spain |
| 63 | - WebPros Bulgaria EOOD, ul. "San Stefano" 22, 1504 Sofia / Bulgaria |
| 64 | - WebPros Japan K.K., G1 Bldg. 7F-1221, 1-3-3 Ginza, Chuo-ku, Tokyo 104-0061 / Japan |
| 65 | - WebPros Netherlands B.V (i.L.)., Schiphol Boulevard 369, Tower F, 7th floor, 1118BJ Schiphol / NL |
| 66 | - WebPros (India) Pvt. Ltd., B 205, Bldg-42, B-Wing, Azad Nagar Sangam CHS, Andheri, Mumbai, Mumbai- 400053, Maharashtra / India |
| 67 | - Canada WebPros International, Ltd., 1055 Dunsmuir Street, Suite 3000, Vancouver, BC V7X 1K8 / Canada |
| 68 | - XOVI GmbH, Hohenzollernring 72, 50672 Cologne / Germany |
| 69 | - SocialBee Labs Srl., Poet Grigore Alexandrescu Str, No 51, 400560, Cluj-Napoca / Romania |
| 70 | - Comet Licensing Ltd., 1/52 Acheron Drive, Upper Riccarton, Christchurch, 8041 / New Zealand |
| 71 | - WHMCS Ltd., C/O TMF Group, 13th Floor, One Angel Court, London, EC2R 7HJ / United Kingdom |
| 71 | 72 | |
| 72 | | CPANEL DOES NOT WARRANT THAT THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CPANEL IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CPANEL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. CPANEL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT. |
| 73 | For data subjects from the EU, this joint data processing is based on our legitimate interest in accordance with **Art. 6 para. 1 lit. f GDPR** in a well-functioning corporate organization and IT infrastructure. |
| 73 | 74 | |
| 74 | | ## Disclaimer of consequential damages |
| 75 | For persons from **Switzerland**, processing is also based on our overriding interest in accordance with **Art. 31 para. 1 DSG** in order to enable secure and efficient cooperation within the Webpros group. |
| 75 | 76 | |
| 76 | | UNDER NO CIRCUMSTANCES SHALL CPANEL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CPANEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF SITE, SERVICES, CPANEL CONTENT OR USER CONTENT, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT, FROM INABILITY TO USE THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, SERVICES, CPANEL CONTENT OR USER CONTENT OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. |
| 77 | To ensure data protection is maintained, we have established binding agreements within the WebPros group that specify which company assumes which tasks and responsibilities. If you have any questions or wish to exercise your rights, the WebPros company you first contacted is usually your point of contact. |
| 77 | 78 | |
| 78 | | ## Indemnification |
| 79 | ### 2\. Contact |
| 79 | 80 | |
| 80 | | You shall indemnify, defend and hold harmless cPanel and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns and cPanel affiliates (and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns) (collectively, the "cPanel Parties") against any liability, damage, loss or expense (including reasonable attorneys' fees and expenses of litigation) incurred by or imposed upon the cPanel Parties or any one of them in connection with any claims, suits, actions, demands or judgments ("Claims") related directly or indirectly to or arising out of (a) any User Content or Submission that you Submit; (b) your use of the Site or Services; (c) your breach of this Agreement or any representations and warranties made by you in this Agreement; and (d) your violation of any third-party rights. |
| 81 | We have also internally assigned the fulfillment of data subject rights to WebPros International GmbH / Switzerland. You can contact the following point of contact at any time with inquiries or to exercise your data subject rights, and they will forward your request for processing, internally: |
| 81 | 82 | |
| 82 | | ## Termination |
| 83 | WebPros International GmbH |
| 83 | 84 | |
| 84 | | You may terminate this Agreement with or without cause at any time by providing notice to cPanel using the notice provisions of this Agreement; provided, however, that cPanel may preserve your account information to the extent required or permitted by Law. cPanel may terminate this Agreement or terminate, suspend or disable your access to the Site or Services at any time for any reason with or without notice. If cPanel elects to provide you notice of such termination, we may use any notification method set forth in the Notices section of this Agreement. |
| 85 | Vordergasse 59 |
| 85 | 86 | |
| 86 | | The following sections of this Agreement shall survive expiration or termination of this Agreement: Restrictions on Use of the Site and Member Conduct, Your License to cPanel, cPanel [Privacy Policy](https://www.cpanel.net/privacy-policy/), Your Representations and Warranties, Disclaimer, Termination, Limitation of Liability, Indemnification, Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement and Miscellaneous. The Ownership and License to Use Site section shall survive expiration or termination of this Agreement solely to the extent that it concerns cPanel's ownership of the cPanel IP Rights and your agreement not to interfere with such rights as more specifically set forth in that section. |
| 87 | 8200 Schaffhausen / Switzerland |
| 87 | 88 | |
| 88 | | NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT |
| 89 | Email: privacy@WebPros.com. |
| 89 | 90 | |
| 90 | | cPanel respects the Intellectual Property Rights of others and our policies ask our users to do the same. If you believe that your Intellectual Property Rights have been violated on this Site, please provide cPanel's Copyright Agent the following information: |
| 91 | ### 3\. Contact details of the data protection officer of WebPros International GmbH |
| 91 | 92 | |
| 92 | | - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; |
| 93 | | - a description of the copyrighted works or other intellectual property that you claim has been infringed; |
| 94 | | - a description of where the material that you claim is infringing is located on the site; |
| 95 | | - your address, telephone number, and email address; |
| 96 | | - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; |
| 97 | | - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. |
| 93 | Email: privacy@WebPros.com |
| 98 | 94 | |
| 99 | | cPanel's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: |
| 95 | ## D. Data Processing |
| 100 | 96 | |
| 101 | | By mail: Copyright Agent c/o cPanel, L.L.C. |
| 102 | | 1100 W 23rd St |
| 103 | | Suite 153 |
| 104 | | Houston TX, 77008 |
| 97 | The individual data affected by joint data processing, processing purposes, legal bases, recipients and, if applicable, transfers to third countries are listed below: |
| 105 | 98 | |
| 106 | | ## Independent contractors |
| 99 | ### 1\. Contacting WebPros |
| 107 | 100 | |
| 108 | | It is the intention of the parties that cPanel and you are, and will be deemed to be, independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between cPanel and you. |
| 101 | When you contact us, we process the data you provide to us - for example, your name, your contact details (if provided), and your message - to handle your request. The processing is based on our contractual or pre-contractual obligations (Art. 6 para. 1 b) GDPR) or because we have a legitimate interest in responding to your inquiry (Art. 6 para. 1 f) GDPR). Under Swiss data protection law, we rely on our overriding interest in communicating with you and handling your request (Art. 31 para. 1 DSG). |
| 109 | 102 | |
| 110 | | ## Choice of law; venue; jurisdiction |
| 103 | ### 2\. Contact in case of Job Applications |
| 111 | 104 | |
| 112 | | This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws principles thereof. Any dispute or claim arising out of or in connection with the Agreement shall be finally settled and exclusively by the state or federal courts located in Harris County, Texas. For purposes of this Agreement, you and cPanel hereby irrevocably consent to exclusive personal jurisdiction and venue in the federal and state courts in Harris County, Texas. |
| 105 | If you send us your application, for example, by email or via a contact form, we will process the data you provide (such as name, email address, desired location) as well as your message and application documents solely for the purpose of processing your application. |
| 113 | 106 | |
| 114 | | ## Entire agreement |
| 107 | For companies based in the EU, data processing is carried out on the basis of Art. 6 para. 1 b) GDPR, with § 26 BDSG (decision on an employment relationship) taking precedence in Germany. If further processing is required after the procedure is completed for legal prosecution, we base this on Art. 6 para. 1 f) GDPR (legitimate interests). |
| 115 | 108 | |
| 116 | | This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and thereof and will supersede all prior agreements and communications of the parties, oral or written. The preceding sentence shall not apply to any applicable cPanel End User License Agreement (or other cPanel license agreement entered into between you and cPanel), the cPanel [Tech Support Agreement](https://www.cpanel.net/technical-support-agreements/), the cPanel [Trademark Usage Policy](https://www.cpanel.net/trademark/) or the cPanel Partner NOC Agreement (if applicable). |
| 109 | For applications in Switzerland, Art. 328b OR applies. According to this, data may be processed as far as it concerns suitability for the employment relationship or is necessary for the execution of the employment contract. |
| 117 | 110 | |
| 118 | | ## Other cPanel agreements |
| 111 | Your application data will be stored for the duration of the application process. After the procedure is completed, we will delete your data within 6 months, unless there are legal retention obligations, consent for longer storage (e.g., for an applicant pool), or further retention is required to protect legitimate interests (e.g., to defend against claims). |
| 119 | 112 | |
| 120 | | You acknowledge and agree that (a) your use (if any) of cPanel's software products is conditioned upon your agreement to the applicable cPanel End User License Agreement for each such software product; and (b) your use of any technical support services, including those provided on this Site, shall be governed by the cPanel [Technical Support Agreement](https://www.cpanel.net/technical-support-agreements/). |
| 113 | ### 3\. Contract fulfilment and data management in the context of service provision |
| 121 | 114 | |
| 122 | | ## Severability |
| 115 | For the establishment, execution, and processing of contracts, we process the necessary data (e.g., name, contact details, address, email address, phone number, access data) as well as all information required for fulfilling the contract. |
| 123 | 116 | |
| 124 | | If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not effect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. |
| 117 | The processing is carried out - where applicable - in accordance with Art. 6 para. 1 b) and c) GDPR and the corresponding provisions of the Swiss Data Protection Act (DSG) for contract fulfillment and compliance with legal obligations. |
| 125 | 118 | |
| 126 | | ## Assignment |
| 119 | If necessary for contract processing, we transmit data to third parties, e.g., to supervisory authorities for correspondence or to enforce your rights. Additionally, data may be shared with our affiliated companies within the scope of order processing if they are involved in service provision. |
| 127 | 120 | |
| 128 | | This Agreement may not be assigned, transferred, delegated, sold or otherwise disposed of, including without limitation by operation of law, except as follows: cPanel may assign transfer, delegate, sell or otherwise disposed of this Agreement in its entirety. In addition, cPanel may delegate its performance under this Agreement in whole or in part to one or more affiliates, provided that cPanel will remain liable and responsible for any performance or obligation so delegated. Any purported assignment, transfer, delegation, sale or other disposition in contravention of this paragraph, including by operation of law, is null and void. |
| 121 | ### 4\. Log files of Website Visits |
| 129 | 122 | |
| 130 | | ## Waiver |
| 123 | We log your website visit. In doing so, we process: |
| 131 | 124 | |
| 132 | | Any of the provisions of this Agreement may be waived by the party entitled to the benefit thereof. No party will be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and then only to the extent specifically set forth in such writing. A waiver with reference to one event will not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. |
| 125 | • The name(s) of our accessed website(s) |
| 133 | 126 | |
| 134 | | ## Remedies cumulative |
| 127 | • The date and time of access |
| 135 | 128 | |
| 136 | | Except as expressly set forth herein, no remedy conferred upon the parties by this Agreement is intended to be exclusive of any other remedy, and each and every such remedy will be cumulative and will be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity. |
| 129 | • The amount of data transferred |
| 137 | 130 | |
| 138 | | ## No third party beneficiaries |
| 131 | • The browser type and version |
| 139 | 132 | |
| 140 | | This Agreement is made for the benefit of the parties only, and this Agreement is not for the benefit of, and was not created for the benefit of, any third parties |
| 133 | • The operating system you use |
| 141 | 134 | |
| 142 | | ### Notices |
| 135 | • The referrer URL (the previously visited website) |
| 143 | 136 | |
| 144 | | All notices or questions relating to this Agreement and the Privacy Policy shall be directed to: cPanel, L.L.C., 1100 W 23rd St, Suite 153, Houston TX, 77008, Attention: Legal Dept. Any notice required to be given under this Agreement shall be deemed given by cPanel when sent to you by email, telephone, fax or mail to the contact information supplied by you to cPanel, or when conspicuously announced by cPanel on the Site. You may update such information from time to time by logging into the Site and using the tools provided by the Site to update your contact information. Any failure by you to provide cPanel with updated contact information will not invalidate the effectiveness of any notice sent by cPanel to the contact information previously supplied by you. |
| 137 | • Your IP address |
| 145 | 138 | |
| 146 | | ### Time-limited claims. |
| 139 | • The requesting provider |
| 147 | 140 | |
| 148 | | Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to the Site, Services, cPanel Content, User Content or this Agreement, must be filed within one year after such claim or cause of action arose or be forever barred. |
| 141 | The legal basis for data processing is our overriding legitimate interest in the continuous provision and security of our website in accordance with Art. 6 para. 1 f) GDPR. The log file is deleted after seven days unless it is needed to prove or clarify specific legal violations that have become known within the retention period. |
| 142 | |
| 143 | ### 5\. Newsletter and Customer Information |
| 144 | |
| 145 | To keep you regularly informed about our company and our offers, we offer several email newsletters. For this purpose, we process the data you provide during registration (email address and any voluntary information). |
| 146 | |
| 147 | To prevent misuse, we use the double opt-in procedure: After registration, you confirm it through a confirmation email. The registration process is logged to prove its legality (time of registration and confirmation as well as IP address). The legal basis is your consent - for the EU according to Art. 6 para. 1 a) GDPR, for Switzerland according to Art. 31 para. 1 DSG. The logging and confirmation email are based on our legitimate interest in proving proper registration (Art. 6 para. 1 f) GDPR or Art. 31 para. 1 DSG). |
| 148 | |
| 149 | The data is transmitted to HubSpot, Inc. (USA) as part of order processing. HubSpot is certified under the EU-U.S. and Swiss-U.S. Data Privacy Framework, ensuring an adequate level of data protection under both EU and Swiss law. Additionally, an EU standard contractual clause exists. European branch: HubSpot Ireland Ltd., 30 North Wall Quay, Dublin 1, Ireland. |
| 150 | |
| 151 | Based on WebPros' legitimate interest in accordance with Art.6 para. 1 f GDPR and the existing customer relationship with WebPros, customers may be provided with information relating to other WebPros products, which may be of interest to them. At any time, customers have the option to opt out of the receipt of such information by using the unsubscribe option in any communication received. |
| 152 | |
| 153 | ### 6\. Use of Cookies |
| 154 | |
| 155 | #### **6.1. Our Cookie Consent Management Platform** |
| 156 | |
| 157 | To document your selection of cookies and similar technologies and to comply with our legal obligations, we use a consent management platform (Usercentrics). When you visit our website, we ask for your cookie preferences. Your decision is stored in a special cookie. The legal basis for this is Art. 6 para. 1 lit. c GDPR and Art. 7 para. 1 DSG (Switzerland), as we are legally required to prove and manage your consent. |
| 158 | |
| 159 | For managing your consents, we use the consent management platform "Usercentrics", provided by Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich / Germany. The following data is processed and transmitted to Usercentrics: |
| 160 | |
| 161 | - Your consent or rejection (including date, time, language, consent ID) |
| 162 | |
| 163 | - Device data (such as browser information and anonymized IP address) |
| 164 | |
| 165 | The processing of this data is also carried out to fulfill our legal obligations according to Art. 6 para. 1 lit. c GDPR and Art. 7 para. 1 DSG (Switzerland). |
| 166 | |
| 167 | #### **6.2. Cookie categories in use by WebPros (Essential, Functional, Analytics, Marketing)** |
| 168 | |
| 169 | <table><tbody><tr><td><p><strong>Cookie types</strong></p></td><td><p><strong>Description</strong></p></td></tr><tr><td><p>Essential</p></td><td><p>Essential Cookies help make an Offering usable by enabling basic functions like page navigation and access to secure areas of the Offering. The Offering cannot function properly without these cookies.</p></td></tr><tr><td><p>Functional</p></td><td><p>Functional Cookies allow the Offering to remember the user's website preferences and choices they make on the Offering including login details, geo-location, language, and enhanced content. This allows the Offering to provide personalized features for users. Functional Cookies are used to enhance the performance of Offerings, as without them, certain functions of the Offerings may not be available. Functional Cookies are helping to provide services that a user requests.</p></td></tr><tr><td><p>Analytics</p></td><td><p>Analytic Cookies collect information about your use of the Offering and enable us to improve the way it works. These cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the site, and measure the effectiveness of advertising (including emails we send to you).</p></td></tr><tr><td><p>Marketing</p></td><td><p>Marketing Cookies allow us and other trusted advertisers to select advertisements that are based on your interests, including those expressed or inferred by visits to our Site or apps or across other Offerings, online services, and apps over time. Others help prevent the same advertisement from continuously reappearing for you. These types of cookies also help us provide you with content on the Site that is tailored to your interests and needs. Some Marketing Cookies and other technologies are used in part to also facilitate advertising. Please be aware that Marketing Cookies in some cases have a direct relation to Social Cookies. These Social Cookies are used to enable you to share content, which is a matter of your own interest as well as may participate in the process of authorization via social media services to gain access to 3rd party apps/websites, if you choose to do so. Social cookies may also be used for advertising/analytics purposes.</p></td></tr></tbody></table> |
| 170 | |
| 171 | #### **6.3. Note on Google Services** |
| 172 | |
| 173 | We use various services from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") on our website. This may also involve data transfers to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. |
| 174 | |
| 175 | For data subjects in the EU, the transfer is based on the EU-U.S. Data Privacy Framework. Google is certified for this and is subject to the EU Commission's adequacy decision for the USA. |
| 176 | |
| 177 | For Switzerland, the transfer is based on the Swiss-U.S. Data Privacy Framework (Swiss DPF). Google is also certified for this, so Switzerland recognizes an adequate level of data protection for transfers to the USA. |
| 178 | |
| 179 | If, in exceptional cases, there is no certification or adequate protection, we additionally ensure the protection of your data through standard contractual clauses (SCC) or other suitable measures. |
| 180 | |
| 181 | Search Function and Google Analytics |
| 182 | |
| 183 | When you use the search function on our websites, the terms you enter may be shared with Google Analytics. This helps us understand how visitors interact with our site and improve its functionality and content. The data shared is used solely for analytical purposes and can not include personally identifiable information. By using the search feature, you consent to this processing and sharing of data with Google Analytics. This practice is consistent with applicable privacy laws and does not constitute a violation of the California Invasion of Privacy Act (CIPA), as it is limited to operational analytics and does not involve unlawful interception of communications. Furthermore, you agree that the information you enter is not a "private communication" under CIPA. For more details on how Google processes data, please review Google's Privacy Policy. |
| 184 | |
| 185 | #### 6.4. This specific Offering uses the following cookies and other technologies |
| 186 | |
| 187 | ### E. Use of Artificial Intelligence (AI) Features |
| 188 | |
| 189 | Some of our websites, products and online services include AI-powered features such as chatbots, content assistants, and other tools based on large language models ("LLMs") (collectively "AI Features"). This section describes how personal data is processed in connection with these AI Features. |
| 190 | |
| 191 | #### 1\. Data Collected and Purposes of Processing |
| 192 | |
| 193 | When you use AI Features, we process the text inputs and prompts you submit, AI-generated outputs, and associated usage and technical data (e.g. session identifiers, timestamps). This data is used to provide the requested AI functionality, ensure security, prevent misuse, and improve our services. Please do not submit special categories of personal data (e.g. health, financial, or political information) through AI Features. The legal basis for processing is Art. 6 para. 1 lit. b) GDPR (contract performance) where AI Features form part of a requested service, Art. 6 para. 1 lit. f) GDPR (legitimate interests) for service improvement and security, and Art. 6 para. 1 lit. a) GDPR (consent) where explicitly required. Under Swiss law, processing is based on Art. 31 para. 1 DSG. |
| 194 | |
| 195 | #### 2\. No Use of User Data for AI Model Training |
| 196 | |
| 197 | We do not use any data submitted through AI Features - including inputs, prompts, conversation content, or AI-generated outputs - to train, fine-tune, retrain, or otherwise improve any large language model or AI system, whether operated by us or by any third-party provider. We contractually require all AI service providers to uphold this same prohibition. |
| 198 | |
| 199 | #### 3\. Third-Party AI Service Providers |
| 200 | |
| 201 | AI Features may be powered by third-party LLM providers acting as data processors on our behalf. Your input data may be transmitted to such providers solely to deliver the requested service. We require all AI providers to: (i) process data only to the extent necessary to provide the service; (ii) implement appropriate technical and organizational security measures; (iii) refrain from using your data to train or improve any AI model; and (iv) comply with applicable data protection law, including the GDPR. AI sub-processors are included in the WebPros list of sub-processors, available [here](https://www.webpros.com/legal/). Currently, AI Features are powered by OpenAI. WebPros reserves the right to change or add LLM providers at any time, provided the required safeguards, described in this documents are fulfilled. International transfers are governed by the mechanisms described in the "Third Country Transfer" section of this Policy. |
| 202 | |
| 203 | #### 4\. AI-Assisted Outputs and Automated Processing |
| 204 | |
| 205 | AI Features on our websites are informational and assistive in nature. They do not produce legally binding automated decisions within the meaning of Art. 22 GDPR or Art. 21 DSG. Where any AI-driven process were to result in decisions with significant legal or similar effect, we would inform you separately and provide the applicable safeguards and rights. Your general rights regarding automated decision-making and profiling are set out in the "No Automated Decision-making or Profiling" section of this Policy. |
| 206 | |
| 207 | #### 5\. AI Chatbot Transparency, Labelling, and Access Controls |
| 208 | |
| 209 | Where AI Features take the form of a chatbot or conversational assistant accessible on our websites or within our products, the following additional measures apply: (a) Disclosure of AI nature: In accordance with Art. 50 para. 1 of Regulation (EU) 2024/1689 ("EU AI Act") and applicable national transparency requirements, all chatbot interfaces are clearly and prominently labelled as AI-powered prior to or at the commencement of any interaction. Users will not be left under the impression that they are communicating with a human being. (b) Consent for website-based chatbots: Where a chatbot deployed on our websites processes personal data through technologies that access or store information on the user's terminal device (e.g. session cookies, local storage, or similar client-side technologies), such processing is subject to prior informed consent in accordance with the provisions of applicable national laws implementing Directive 2002/58/EC (ePrivacy Directive). Such consent is obtained through our consent management platform (Usercentrics) before the chatbot widget is activated. Where the chatbot is provided exclusively as part of a logged-in product environment and no terminal device storage beyond strictly necessary session management is involved, processing will not require prior consent, provided no additional tracking technologies are employed. (c) No automated decisions or profiling: Chatbot interactions do not constitute automated decision-making within the meaning of Art. 22 GDPR and do not involve profiling. Chatbot outputs are informational and assistive only. Users are not subject to any decision based solely on automated processing that produces legal or similarly significant effects as a result of their chatbot interaction. (d) EU AI Act classification: Chatbots of the type deployed by WebPros - i.e. general-purpose conversational assistants powered by LLMs, operating in an informational and support capacity without producing legal effects - are not classified as high-risk AI systems under Annex III of the EU AI Act. They may, however, qualify as general-purpose AI systems subject to the transparency obligations set out in Art. 50 EU AI Act. WebPros ensures compliance with these transparency obligations and monitors regulatory developments regarding the classification of LLM-based systems under the EU AI Act. |
| 210 | |
| 211 | #### 6\. Internal Analysis of Gong Call Transcripts |
| 212 | |
| 213 | If specifically approved in advance by all participants, WebPros uses Gong (Gong.io Inc.) to record and transcribe certain customer-facing calls (e.g., sales and customer success conversations). For internal quality assurance, coaching, and aggregated trend analysis, the textual transcripts generated by Gong (the underlying audio and video recordings are not transmitted) are processed by us using the Anthropic Claude large language model. Anthropic, PBC acts as a contractually bound data processor and is included in our list of sub-processors. The legal basis is Art. 6 para. 1 lit. f) GDPR (legitimate interest in evaluating and improving the quality of customer interactions and our services); for Swiss-law-governed processing, Art. 31 para. 1 DSG. Transcripts are processed only to the extent necessary, are not used to train, fine-tune, or otherwise improve any Anthropic or third-party AI model, and access is restricted to authorized WebPros personnel on a need-to-know basis. International transfers to Anthropic in the United States are safeguarded by the EU Standard Contractual Clauses pursuant to Art. 46 para. 2 lit. c) GDPR and, where available, an applicable adequacy decision. The recording and transcription of calls is separately disclosed at the start of each call; you may object to this processing at any time pursuant to Art. 21 GDPR. |
| 214 | |
| 215 | #### 7\. AI-Based Identity Verification |
| 216 | |
| 217 | ##### Overview and Scope |
| 218 | |
| 219 | In certain contexts - such as account registration, onboarding, or compliance with regulatory Know Your Customer (KYC) / Anti-Money Laundering (AML) or export sanctions requirements - WebPros may offer the option of identity verification using AI-based identity verification solutions ("Identity Verification Solutions"), such as iDenfy or comparable services. This section applies exclusively to those situations in which an Identity Verification Solution is actually used, and only where you have given explicit prior consent as described below. Where no such consent is given, Identity Verification Solutions will not be deployed. |
| 220 | |
| 221 | ##### Explicit Consent as Prerequisite |
| 222 | |
| 223 | The use of any Identity Verification Solution is strictly conditional on your freely given, specific, informed, and unambiguous prior consent in accordance with Art. 6 para. 1 lit. a) and Art. 9 para. 2 lit. a) GDPR. Before commencing any verification process, you will be clearly informed of: (i) the identity of the Identity Verification Solution provider acting as a data processor; (ii) the categories of personal data to be collected and processed, including biometric data; (iii) the automated nature of the verification process and the possible legal or similarly significant effects of the result; (iv) the right to refuse consent without suffering any disadvantage from doing so, including the availability of alternative verification methods where technically and legally feasible; and (v) the right to withdraw consent at any time prior to completion of the verification process, with no prejudice to the lawfulness of processing already carried out. Consent is obtained through a dedicated, separate opt-in step and is documented in our consent management system. No pre-ticked boxes or bundled consent will be used. |
| 224 | |
| 225 | ##### Categories of Personal Data Processed |
| 226 | |
| 227 | Depending on the verification method chosen and the regulatory requirements applicable to the specific use case, Identity Verification Solutions may process the following categories of personal data: (a) government-issued identity document data (e.g. name, date of birth, document number, nationality, expiry date); (b) facial biometric data, including a real-time or uploaded photograph or video and a derived biometric template used solely to compare the live image with the identity document ("liveness check"); (c) metadata associated with the submission (e.g. device type, IP address, timestamp, session identifier); and (d) the verification result (e.g. verified, rejected, or flagged for manual review). Biometric data constitutes a special category of personal data within the meaning of Art. 9 GDPR and is processed exclusively on the basis of explicit consent as described above. Facial biometric templates are not retained after the verification process is completed beyond the minimum period technically necessary to deliver the result, unless separate explicit consent for retention has been obtained or retention is required by applicable law. |
| 228 | |
| 229 | ##### Automated Decision-Making in the Context of Identity Verification |
| 230 | |
| 231 | By way of exception to the general statement in the "No Automated Decision-making or Profiling" section of this Policy, and exclusively where you have given explicit prior consent as described above, Identity Verification Solutions involve automated processing that may produce a result - such as identity confirmed, identity not confirmed, or flagged for further review - which may have a legal or similarly significant effect on your access to the requested service. Such processing constitutes automated decision-making within the meaning of Art. 22 GDPR (EU) and Art. 21 DSG (Switzerland). You are entitled to the following safeguards: (i) the right to obtain human review of the automated result by a qualified WebPros employee, upon request made to [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection); (ii) the right to express your point of view and to contest the result; and (iii) the right not to be subject to a decision based solely on automated processing if explicit consent is withdrawn before a final result is communicated. WebPros will not use Identity Verification Solution outputs as the sole basis for a decision that produces significant legal effects without the option of human review unless you explicitly waive this right after being fully informed. |
| 232 | |
| 233 | ##### AI Act Compliance - Classification and Obligations |
| 234 | |
| 235 | AI-based identity verification systems that perform biometric identification or verification of natural persons are classified as high-risk AI systems under Annex III of Regulation (EU) 2024/1689 ("EU AI Act"). Where WebPros deploys or uses an Identity Verification Solution that falls within this classification, WebPros, in its capacity as deployer within the meaning of Art. 3 no. 4 EU AI Act, ensures compliance with the following obligations applicable to deployers of high-risk AI systems: (a) Use in accordance with the provider's instructions for use (Art. 26 para. 1 EU AI Act); (b) Assignment of appropriate human oversight to qualified personnel prior to putting the system into use (Art. 26 para. 2 EU AI Act); (c) Monitoring the operation of the system on the basis of the instructions for use (Art. 26 para. 5 EU AI Act); (d) Implementation of a fundamental rights impact assessment prior to deployment, where required under Art. 27 EU AI Act; (e) Logging and record-keeping obligations in accordance with Art. 26 para. 6 EU AI Act; (f) Transparency towards data subjects in accordance with Art. 50 EU AI Act, including disclosure that they are interacting with an AI system and that an automated result may affect their access to a service. WebPros will only deploy Identity Verification Solutions provided by vendors who fulfil the obligations of AI providers under the EU AI Act, including registration in the EU AI Act database where applicable, and who maintain an up-to-date technical documentation and conformity assessment in accordance with Arts. 11, 16, and 43 EU AI Act. |
| 236 | |
| 237 | ##### Third-Party Processor and International Transfers |
| 238 | |
| 239 | Identity Verification Solution providers act as data processors on behalf of WebPros pursuant to a Data Processing Agreement in accordance with Art. 28 GDPR. Such agreements require the processor to: (i) process personal data only for the purpose of delivering the verification service; (ii) implement appropriate technical and organizational measures to protect personal data, in particular biometric data; (iii) refrain from using any personal data to train, improve, or develop AI models; (iv) delete or return all personal data upon completion of the verification process or termination of the engagement; and (v) comply with applicable data protection law, including the GDPR and the EU AI Act. Where the Identity Verification Solution provider is located outside the EU/EEA, transfers are governed by the mechanisms described in the "Third Country Transfer" section of this Policy, in particular standard contractual clauses pursuant to Art. 46 GDPR or, where available, an adequacy decision pursuant to Art. 45 GDPR. Currently, identity verification services may be provided by UAB iDenfy, registered in Lithuania (EU), which as an EU-based processor does not require a separate transfer mechanism. WebPros reserves the right to change or add Identity Verification Solution providers, provided the required safeguards described in this section are fulfilled. Any change will be reflected in the WebPros list of sub-processors, available at webpros.com/legal/. |
| 240 | |
| 241 | ##### Retention and Deletion |
| 242 | |
| 243 | Biometric data and raw identity document images processed through Identity Verification Solutions are deleted or irreversibly anonymized upon completion of the verification process, unless: (a) applicable law (e.g. AML/KYC regulations) requires retention for a defined period, in which case only the minimum data necessary to fulfil the legal obligation will be retained; or (b) the data subject has given separate explicit consent to a longer retention period. The verification result (i.e. a binary or categorical outcome, without underlying biometric data) may be retained by WebPros for as long as necessary to document compliance with the applicable regulatory obligation or to defend against legal claims, in accordance with the general retention periods described in the "Duration of Data Processing" section of this Policy. Data subjects may request deletion of their verification data at any time by contacting [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection), subject to any overriding legal retention obligations. |
| 244 | |
| 245 | ##### Your Rights in the Context of Identity Verification |
| 246 | |
| 247 | In addition to your general data subject rights described in the "Your Rights as a Data Subject" section of this Policy, the following specific rights apply in connection with identity verification: (a) Right to withdraw consent at any time prior to completion of the verification, without detriment and without affecting the lawfulness of prior processing; (b) Right to request human review of any automated verification result, by contacting [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection) within 30 days of receiving the result; (c) Right to access the personal data processed about you during the verification process, including the verification result and any flags generated; (d) Right to erasure of biometric data immediately upon completion of verification, subject to legal retention obligations; (e) Right to lodge a complaint with a supervisory authority, in particular the competent data protection authority in your country of residence. To exercise any of these rights or to raise concerns about the identity verification process, please contact [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection) with the subject line "Identity Verification - Data Subject Request". |
| 248 | |
| 249 | #### 7\. Data Retention and Your Rights |
| 250 | |
| 251 | Interaction data from AI Features is retained only as long as necessary to provide the service or as required by law. Session-based inputs are generally not retained beyond the active session unless you have an account and session history is an explicit feature. Retention is otherwise governed by the "Duration of Data Processing" section of this Policy. Your rights of access, rectification, erasure, restriction, portability, and objection apply equally to data processed through AI Features and are described in the "Your Rights as a Data Subject" section of this Policy. To exercise your rights or raise any AI-related privacy concern, please contact [\[email protected\]](https://www.cpanel.net/cdn-cgi/l/email-protection). |
| 252 | |
| 253 | ## F. Duration of Data Processing |
| 254 | |
| 255 | We store personal data only as long as it is necessary to achieve the respective purpose or until you revoke your consent. If there are legal retention obligations - for example, under commercial, tax, or social security law in Switzerland or the EU - the retention of certain data may be required for up to 10 years or longer, regardless of the processing purpose. To ensure that no data is stored longer than necessary, we conduct regular reviews and delete personal data as soon as the purpose of storage ceases to exist and there are no legal obligations or legitimate interests remaining. |
| 256 | |
| 257 | ## G. Joint Data Processing within the WebPros group |
| 258 | |
| 259 | #### 1\. Request for Information |
| 260 | |
| 261 | Upon request, you can receive information about all personal data we have stored about you at any time, free of charge. |
| 262 | |
| 263 | #### 2\. Rectification, Erasure, Restriction of Processing (Blocking), Objection |
| 264 | |
| 265 | If you no longer agree with the storage of your personal data or if it has become incorrect, we will delete or block your data upon your instruction or make the necessary corrections (as far as this is possible under applicable law). The same applies if we should only process data in a restricted manner in the future. You have the right to object, particularly in cases where your data is required for the performance of a task carried out in the public interest or based on our legitimate interest, including profiling based on these grounds. You also have the right to object to data processing for direct marketing purposes. |
| 266 | |
| 267 | #### 3\. Right to withdraw consent with effect for the future |
| 268 | |
| 269 | You can withdraw your consent at any time with effect for the future. Your withdrawal will not affect the lawfulness of the processing up to the time of withdrawal. |
| 270 | |
| 271 | #### 4\. Data Portability |
| 272 | |
| 273 | If data processing is based on a contract, pre-contractual negotiations, consent, or automated procedures, you have the right to data portability. Upon request, we will provide your data in a common, structured, and machine-readable format, so that you can transfer the data to another controller if desired. |
| 274 | |
| 275 | #### 5\. Restriction of Processing |
| 276 | |
| 277 | Data for which we are unable to identify the data subject, for example, if it has been anonymized for analysis purposes, is not covered by the aforementioned rights. Information, deletion, blocking, correction, or transfer to another company may be possible for such data if you provide us with additional information that allows us to identify you. |
| 278 | |
| 279 | #### 6\. No Automated Decision-making or Profiling |
| 280 | |
| 281 | Subject to the exception for Identity Verification Solutions set out hereinabove. Your data is not used by us for automated decisions which have legal consequences for you or significantly affect you in a similar way - as described in Art. 22 GDPR (EU) or Art. 21 DSG (Switzerland). We also do not conduct so-called profiling. This means that we do not create automated evaluations of your data to analyze or predict personal characteristics such as interests, behavior, or preferences. Should we exceptionally use automated decisions or profiling, we will inform you transparently in advance and obtain your explicit consent where necessary. |
| 282 | |
| 283 | #### 7\. For WebPros companies domiciled in Switzerland: Inspection of the data collection register |
| 284 | |
| 285 | If the data processing is carried out by a WebPros company based in Switzerland, you have the right to inspect the register of data collections at any time. This contains information on which federal bodies and private persons process which kinds of personal data. With the help of the register you can find out who is processing your data and how, and on the basis of this information you can decide which data collection you wish to request information about. |
| 286 | |
| 287 | #### 8\. Exercising your rights as a Data Subject and right to lodge a complaint |
| 288 | |
| 289 | If you have any questions regarding the processing of your personal data, information, rectification, blocking, objection or deletion of data, or if you wish to transfer your data to another enterprise, please contact [\[email protected\].](mailto:privacy@WebPros.com) You also have the option of complaining to a supervisory authority about your rights as a data subject. In the case of a WebPros company based in Switzerland, you have the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC). Upon request, you can receive information about all personal data we have stored about you at any time, free of charge. This policy is subject to periodic revisions and may be amended by WebPros from time to time if necessary. Please come back periodically and check for updates. |
| 290 | |
| 291 | ## Imprint |
| 292 | |
| 293 | **WebPros International L.L.C.** |
| 294 | |
| 295 | 1100 West 23rd Street, |
| 296 | |
| 297 | Suite 153, |
| 298 | |
| 299 | Houston 77008, TX, |
| 300 | |
| 301 | USA |
| 302 | |
| 303 | **Managing Director:** Christian Koch |
| 304 | |
| 305 | **Federal tax ID number:** 27-0973833 |
| 306 | |
| 307 | **Telephone** : +1-713-529-0800 |
| 308 | |
| 309 | **Fax** : +1-713-583-0598 |
| 310 | **Internet:** [www.webpros.com](https://www.webpros.com/) |
| 311 | **E-mail:** legal@webpros.com |