Last Modified: March 25, 2024

India Digital Personal Data Protection Act Privacy Notice

The Constant Company, LLC ("Vultr”, “we”, “us”, or “our”) believes it is important that you understand how Vultr collects, stores, shares, and uses information from and about our Site (as defined below) visitors, subscribers, customers and vendors (“you”, or “your”).

Digital Personal Data Protection Act

This Privacy Notice (“Notice”), our cookie policy and other legal notices posted on this website, www.vultr.com (“Site”) describe our collection, use and disclosure of personal data.

(i) collected through the Site, or

(ii) when you subscribe to, or otherwise use our online services (“Services”), or

(iii) in the course of our business activities conducted elsewhere, whenever we act as the data fiduciary of that data and when its processing is governed by India’s Digital Personal Data Protection Act ("DPDPA").

This Notice does not apply to the information collected, stored, shared, or distributed by third-party websites.

For the purpose of DPDPA, Vultr is the data fiduciary of any personal data collected from you on the Site, through the Services, or otherwise for the purpose of conducting or developing our business with customers and vendors. For the purposes of this Notice, personal data means any data about an individual who is identifiable by or in relation to such data.

Information We Collect Automatically

When you visit our Site, or use our Services, our servers automatically collect certain browser or device generated information, including but not limited to:

  • your domain;
  • your IP address;
  • your date, time, and duration of your visit;
  • your browser type;
  • your operating system;
  • your page visits;
  • information from third parties;
  • other information about your computer or device; and
  • Internet traffic

In some cases this information constitutes personal data, we do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.

2. Information You Provide

In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:

  • Persons who subscribe to our Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
  • Persons who complete registration forms to sign up for membership on our Site will be prompted to provide their e-mail address.
  • Site visitors, and prospective and current suppliers and subscribers, may provide personal data when filling in forms (for example, a ‘Contact us’ form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by participating in the forums; by providing feedback or ratings; by corresponding with us by phone, e-mail or otherwise providing contact details. This includes information uploaded as part of your own content or the content of your end users. In these cases, typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.
  • Persons who create an account on the Site, their passwords will be collected.

This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.

3. Information from Other Sources

We may also obtain fraud and risk-scoring data about you from third parties, namely MaxMind and Kount.

4. Cookies

Our Site uses cookies. More information about our use of cookies can be found in our cookie policy https://www.vultr.com/legal/cookie-policy/.

5. Use of Personal Data

The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you when you request them as detailed below.

All processing and use of your personal data are done in accordance with the provisions of DPDPA where either you have provided consent or for certain legitimate uses. In the majority of cases, processing will be justified on the basis that:

  • the processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fill an order), or to provide product information you have requested;
  • the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
  • the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, Site user, supplier and customer data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
  • you have consented to the processing.

We use the personal data we collect to:

  • provide you with Services you have subscribed for, or otherwise requested;
  • provide you with documentation or communications which you have requested;
  • administer and manage performance of purchase or sales agreements with our suppliers and customers;
  • provide after-sales support;
  • correspond with users to resolve their queries or complaints;
  • market Services to persons whose Services have expired or otherwise been canceled;
  • engage you about events, promotions, the Site and Vultr’s Services;
  • process, evaluate and complete certain transactions involving the Site, and more generally transactions involving Vultr’s products and services;
  • operate, evaluate, maintain, improve and develop the Site (including by monitoring and analyzing trends, access to, and use of the Site for advertising and marketing);
  • to increase your (and other users’) experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
  • protect and ensure safety of the Site, Vultr confidential and proprietary information, and Vultr employees;
  • manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;

We also use non-personal data and aggregate information, such as that collected automatically, to customize our marketing efforts or to customize the use of the Site for an aggregate group of customers.

Vultr will not sell or rent your personal data to third parties.

6. Disclosure of Personal Data

We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:

  • to satisfy any laws, regulations, or governmental or legal requests for such data;
  • to disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
  • to protect ourselves, our subscribers, and the general public. We may, where appropriate or required, disclose information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process;
  • to cooperate, where required, with law enforcement authorities, private- party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process; or
  • share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets.

7. Transfer of Personal Data

By accessing the Site, you agree and provide your consent to transfer and store personal information to our servers located in Bangalore, Delhi, and Mumbai, India. For a complete listing of all data centers and locations please visit https://www.vultr.com/features/datacenter-locations/. We undertake all reasonable measures to ensure the security of the personal information shared by you.

8. Children

The Site is not for use by children under the age of 18 years and Vultr does not knowingly collect, store, share or use the personal data of children under 18 years. If you are under the age of 18 years, please do not provide any personal data, even if prompted by the Site to do so. If you are under the age of 18 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Vultr and Vultr will delete all such personal data.

9. Marketing Emails

Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail to tell you about our Services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails.

If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://www.vultr.com/unsubscribe/ or by clicking the opt-out link at the bottom of these emails.

If you opt out of marketing emails, you may still receive system notices and other information that is specifically related to your subscription or account.

10. Security

We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make reasonable efforts to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-parties from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.

11. Retention of Your Personal Data

Vultr maintains personal data only for as long as required to fulfill the purposes for which it was collected, except Vultr may retain personal information as described below:

11.1. Legitimate Purpose: Personal information necessary for our legitimate purposes, such as record keeping, resolution of disputes, enforcement of our agreements, protection of our rights, prevention and detection of fraud, or misuse of our Services, may be retained as long as necessary to fulfill such legitimate interests. We will not retain personal information for such legitimate purposes if we believe that your interests or fundamental rights and freedoms override our legitimate interests.

11.2. Legal Obligations: Personal information necessary to fulfill our legal obligations, such as taxation, data retention, reporting obligations, and other obligations under applicable law, court order, or law enforcement request, may be retained as long as required to comply with such legal obligations.

11.3. Marketing Emails: With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.

12. External Links

The Site may contain links to third-party sites. Since Vultr does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third-party sites. This Notice applies solely to personal data collected by our Sites or during our business activities.

Your Rights

Please contact us as indicated in Clause 15 (Contact information) if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.

  • Right to erasure: Vultr deletes personal information under Clause 11 above. You may, at any time, request Vultr to delete your personal information. In certain situations, we may retain some or all of your personal information in accordance with Clause 11 above. We may refuse to grant this request if we consider the retention of personal information to be necessary for us to protect our legal rights, for law enforcement purposes, for compliance with a legal requirement or court order, or for detection or prevention of fraud or misuse of our Service or properRes.
  • Right to access and correction: Upon request by you, we will inform you whether we hold any personal information, and if yes, what personal information we have. Some categories of your personal information can be modified in your account. For personal information that cannot be modified through your account, please contact us. Unmodified personal information may remain in back-ups and records subject to Clause 11 above.
  • Right of grievance redressal: You have the right to grievance redressal, facilitated by Vultr, concerning any act or omission concerning the fulfillment of obligations pertaining to your personal data or the exercise of your rights under the provisions of the DPDPA. Vultr is committed to responding to any grievances promptly from the date of the receipt of such request. You may only approach the Data Protection Board after notifying us of your grievance first.
  • Right to nominate: You may designate an alternate individual who, in the event of the Your demise or incapacitation, may duly exercise the rights conferred in this Privacy Policy.

You may contact the Data Protection Board if your grievance is not resolved by Vultr.

14. Changes to this Notice

We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications to this Notice by re-visiting this web page and using the ‘refresh’ button on your browser.

You should note the date of the last revision to this Notice, which appears at the top of this Notice.

  • If the ‘last modified’ date remains unchanged after you have clicked the ‘refresh’ button on your browser, you may presume that no changes have been made since the last reading of the Notice.
  • A changed ‘last modified’ date indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

Contact Information

Should you have any inquiries regarding this notice, or should you require translation of this notice into your regional language, or if you wish to assert any of your rights, please contact us at:

Eddie Powell
privacy@vultr.com