Nuclear.Hosting and the GDPR

Introduction

The General Data Protection Regulation (GDPR) is the new legal framework of data protection law across the EU and is due to come into force on 25th May 2018. Contrary to Directive 95/46/EC, which governed this processing prior to this point, the GDPR has direct effect within the Union and does not need to be transposed at national level. In this way, it will aim to harmonise laws governing the processing of personal data across Europe. Even better, the GDPR enshrines a principle of extraterritoriality, which means that, in certain circumstances, the scope of its application can be extended beyond the frontiers of Europe.

If you are an organisation that processes personal data, you are highly likely to be governed by the provisions of the GDPR. In this regard, you are subject to obligations and must abide by them. The same is true of Nuclear.Hosting, which, in view of its situation, is bound by different obligations, in its capacity as a processor and as a data controller.

Definitions

Understanding the real, specific issues at stake in European regulations is not always an easy task, especially when the regulation in question contains 99 articles, 173 recitals and numerous lines of guidance on how it will apply. Understanding these issues is nonetheless essential in order to avoid any risks that may arise from an excessively broad or imprecise interpretation of your organisation’s regulatory obligations. A proper understanding of the terms defined below is therefore essential:

  • Personal data: any information relating to an identified or identifiable real person. An identifiable real person is defined as any real person who can be directly or indirectly identified.
  • Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collecting, recording, transmission, storage, conservation, extracting, consultation, use, disclosure by transmission and so on.
  • Controller: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • Processor: the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Nuclear.Hosting as a processor

It is undoubtedly in this last scenario that you will deal the most frequently with Nuclear.Hosting. Nuclear.Hosting is classed as a “processor” when it processes personal data on behalf of a data controller.

This will typically be the case when you use the services of Nuclear.Hosting and you store personal data on an Nuclear.Hosting infrastructure. Within the limit of its technical restrictions, Nuclear.Hosting may process any data stored solely in accordance with your instructions, and on your behalf.

Nuclear.Hosting’s commitments as a processor

As a processor, Nuclear.Hosting commits to:

  • Processing personal data solely for the purposes of carrying out the services correctly: Nuclear.Hosting will never process your information for any other purposes (marketing, etc.).
  • Keeping your data inside the EU and only in countries recognised by the European Union as offering a sufficient degree of protection, provided that you do not select a datacentre located in a geographical area outside the EU.
  • Informing you if we have enlisted a subcontractor to process your personal data: to date, no services involving any access to data you have stored as part of the service have been subcontracted outside the Nuclear.Hosting Company.
  • Applying strict security standards to provide a high level of security for our customers.
  • Reporting any data breach to you without “undue delay”.
  • Helping you meet your own regulatory obligations, by providing you with adequate documentation of our services.

FAQ: Nuclear.Hosting’s as a processor

Who owns the personal data used and stored by the customer as part of the services?
When may Nuclear.Hosting access the data stored and used by the customer as part of its services?
What are Nuclear.Hosting's commitments in terms of data location?
Is the data belonging to Nuclear.Hosting's European customers transferred outside the European Union?

Nuclear.Hosting as a data controller

Nuclear.Hosting is classed as a “data controller” when we determine the purpose and method of “our” personal data processing.

This is typically the case when Nuclear.Hosting collects data for billing, managing accounts receivable, improving the quality of services and performance, sales prospecting, commercial management, etc. But it is also the case when Nuclear.Hosting collects personal data on its own employees.

In this scenario, ‘your’ data – the data that you store on Nuclear.Hosting’s services – is not affected. On the other hand, certain information concerning you or concerning your employees (the identity and contact details of your contact person at Nuclear.Hosting part of a request for technical assistance, for example) may be. This is why Nuclear.Hosting is keen to explain the guarantees put in place to ensure that this personal data is protected. Nuclear.Hosting commits to:

  • Limiting the data collected to what is strictly necessary: as part of this approach, when you order a service, you enter only the data required by Nuclear.Hosting for billing or support purposes, or to make sure we meet our own legal obligations on data conservation.
  • Only using the data it collects for the purpose for which it was collected.
  • Conserving personal data for a limited and proportionate time. For example, data processed for the purpose of managing relations between a customer and Nuclear.Hosting (surname, first name, postal address, email address, etc.) is conserved by the company for the full duration of the contract and for thirty-six (36) months thereafter. At the end of this period, the data is deleted from all media and backups.
  • Not transferring this data to third parties other than companies associated with Nuclear.Hosting and acting as part of the performance of the contract. As part of these intra-Group transfers, some data may be transferred outside the European Union, based on the binding corporate rules implemented by the Nuclear.Hosting Group.
  • Implementing appropriate technical and organisational measures to ensure a high degree of security.

Cookies

By using the site, you grant informative consent to the use of cookies using a bar at the bottom of the browser (according to European Directive No. 2002/58 / EC on the processing of personal data and privacy in the electronic communications sector or, as amended by Directive 2009/136 / EC ) or using the site. According to the directive, it mainly concerns the use of cookies (so-called “session cookies”).

What are “cookies”?

“Cookies” are small data files used as unique identifiers in application communication with your web browser. The cookie contains anonymous information. Cookies use the vast majority of websites for their business.

Cookies can be set by websites you visit (“our cookies”) or set up by an organization that is not the owner of the websites you view (“third party cookies”). For example, they can be set up by other websites that trigger content on the page you are viewing, or an independent analytics company. Websites may use third-party ad networks to provide a targeted ad. These cookies may be able to track your browsing of different sites.

How do we use cookies?

We use cookies to improve your user experience with the site by enabling websites to identify your browser, either for the duration of your session (using relational cookies), or for repeated visits (using persistent cookies).

This is useful for example when viewing a shopping cart, browsing history, hiding a business message, signing in, etc.

Our websites also use cookies for behavioral targeted advertising, which allows us to modify your ad and make sure it is relevant to you, based on the areas you view on our website and the location of your IP address. These cookies are placed by third-party ad networks with our consent.

What are we using cookies for?

We use these cookies on our site:

  • Technical – first pages, short-term. They provide the basic technical functionality of the site, ie logging in, remembering settings, using services,
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What to do if you do not want to use cookies

The consent to the location of cookies is voluntary. If you wish, you can block some or all cookies or delete cookies that have already been set. For details on how to manage cookies and how to block them in different types of web browsers, visit www.aboutcookies.org or

  • Internet Explorer: https://support.microsoft.com/cscz/help/17442/windows-internet-explorer-delete-manage-cookies;
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However, you must be aware that if you block or delete cookies sent from our websites that are absolutely necessary or ensure functionality and performance, you may not be able to use the site.

We use Google Analytics

This site uses Google Analytics provided by Google, Inc. (“Google”). Google Analytics uses cookies. Information about the use of the site along with the contents of the cookie will be transferred and stored on servers in the United States. Google will use this information for the purpose of evaluating the use of the site and reporting on its activities for its operators and for providing additional services related to the activities on the site and the use of the Internet in general. Google may also provide this information to third parties, if required by law, or if such third parties process this information for Google.

Google Analytics is enhanced by Google’s related advertising features, namely:

  • display reports on the Google Display Network,
  • remarketing (displaying ads on the content network based on viewed products),
  • expanded demographics (reporting anonymous demographic data). For more information on data processing and usage, please refer to Google’s Terms of Service (http://www.google.com/intl/en/policies/privacy/partners/).

How to Disable Google Analytics Tracking

If you do not want to provide anonymous Google Analytics data, you can use Google’s plugin. Once installed in your browser and activation, data will not be sent further.

We use Advertiser cookies

Google

With Google CookieDoubleClick, Google and its partners can show ads to users based on their visits to our sites and other Internet sites. You can use the DoubleClick cookie for interest-based ads to log out through the Ads Preferences Manager.

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Facebook

Facebook adheres to Self-Regulatory Principles for Online Behavioral Advertising (SEO) and participates in programs that offer the option to reject this type of advertising. You can disagree with the use of cookies for all participating companies through these sites:

How to disable interest ads

Turn off interest ads on desktop devices

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