EU Privacy Notice

Effective: February 14, 2022

This EU Privacy Notice ("Privacy Notice") supplements the information contained in the OVHcloud US ("OVHcloud") Privacy Policy and applies solely to customers, visitors, users, and others who are located in the European Economic Area ("EEA") (collectively, "data subjects," "you", or "your"). We adopt this notice to comply with the EU General Data Protection Regulation 2016/679 ("GDPR") and other applicable EU privacy laws. Any terms defined in our Privacy Policy or in the text of the GDPR have the same meaning when used in this Privacy Notice.

Information We Obtain

We obtain information about you that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you ("Personal Data"). We obtain Personal Data directly from you or by way of automatic collection.

Personal Data You Provide: We may obtain Personal Data from you when you interact with OVHcloud, the Site, or the OVHcloud Services; create an account using the OVHcloud Manager Portal; order the OVHcloud Services; communicate with us, or subscribe to our email lists. In providing the OVHcloud Services, we process on behalf of our customer's such Personal Data that they upload or otherwise submit to our OVHcloud Services ("Service Data"). While our customers decide what data to submit, Service Data typically includes information about their customers, prospects, employees, consultants or independent contractors, suppliers, and other individuals or third parties ("End Users").

We may obtain the following categories of Personal Data directly from you:

• Contact information, such as your name, postal address, email address, and telephone number (each whether associated with you in your personal or professional capacity);
• Authentication data, such as user name, password, password hints, social media handle, and other similar information used to verify the identity of our customers;
• Commercial information, such as information about the OVHcloud Services you subscribe to and payment information you provide in connection with these transactions (including billing address and payment card data);
• Professional information, such as your current or former employer and job title;
• Preferences, such as how you prefer to communicate with us, OVHcloud Service that you are interested in, or other preferences you communicate to us; and
• Other information you provide, such as information in emails or other communications that you send to us or otherwise contribute (e.g., customer support inquiries, OVHcloud blog, or forum posts).

Automatically Collected Data: We or our service providers may collect technical information automatically from your computer or mobile device over time and across different Sites through the use of cookies or similar tracking technologies. A cookie is a small text file that can be placed on your computer’s hard drive with your permission. Cookies help analyze web traffic and let us know when and how you visit a particular site. Cookies allow web applications to respond to and tailor your experience with our Sites according to your individual preferences, and to remember those preferences for the next time you visit the Sites. A cookie does not give us access to your computer or provide any information other than the data you choose to share. The personal information we may obtain through cookies includes:

• Unique identifiers, such as IP address, browser type, operating system, the pages you view on the Sites, the pages you view immediately before and after you access the Sites, and the search terms you enter on the Sites, Internet or other electronic network activity information;
• General location data; and
• Inferences drawn from the above categories.

For more information about how we use cookies, the types of cookies we use, and how to manage your cookie preferences, please refer to our Cookies Policy.

How and On What Basis We Use Your Information

To provide the OVHcloud Services to customers and respond to requests: We use account-related data provided by customers to us in connection with the purchase, sign-up, use, or support of customer accounts (such as usernames, email address and billing information) to provide you with access to the OVHcloud Services and/or the Site, contact you regarding your use of the OVHcloud Services and/or the Site or to notify you of important changes to the OVHcloud Services and/or the Site. Such uses are necessary for the performance of the contract between you and OVHcloud.

When you ask for information about the OVHcloud Services (for example, when you ask us to send you offers or price information), we will use your contact information to respond to your requests. Such uses are necessary to respond to or implement your request prior to entering into a contract with us.

We process Service Data on behalf of customers for the purpose of providing the OVHcloud Services to customers in accordance with our Terms of Service or other applicable contracts.

For marketing purposes: We will use your Personal Data to send you information by email on our new products or services or other promotions. We will send you such information only with your consent, which was given at the time you provided us with the Personal Data. In such case, if you do not provide us with your consent to the processing of your Personal Data for this purpose, we will not send you this information.

You have the right to withdraw your consent at any time, including by following the instructions contained in each promotional communication we send you permitting you to "opt-out" of receiving future promotional information. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us using the information in the “Contact us” section.

Please note that we will continue to contact you via email to respond to your requests regarding the provision of our OVHcloud Services.

To analyze, administer, support, and improve the use of the Site and the OVHcloud Services: We use data relating to your use of the Site and/or the OVHcloud Services to analyze, administer, support, and improve your access to and use of the Site and the OVHcloud Services, including fraud prevention. We may also compile, anonymize and/or aggregate your Personal Data and other data and use such anonymized and/or aggregated data for our business purposes, including sharing such data with affiliates and business partners. This aggregate information does not identify you. This use of your Personal Data is necessary for our legitimate interests in understanding how the Site and the OVHcloud Services are being used by you and to improve your experience on it.

Other Uses of Personal Data: We also may use your Personal Data in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law. Additionally, we may de-identify or aggregate your information and use it for other purposes as permitted by applicable law.

Where we rely on legitimate interests to process Personal Data, we will balance our need to process that information with any risks such processing poses to your rights and freedoms.

Sharing and Disclosure

We may share your Personal Data and other information as follows:

Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions on our behalf: providers of payment processing and fraud prevention, marketing, web analytics, hosting, email communication, and customer support services, and recruiting services. Pursuant to our instructions, these parties may access, process, or store Personal Data in the course of performing their duties to us.

OVH SAS and its affiliate companies: In order to provide the OVHcloud Services you request from us, our parent company, OVH SAS, may provide us with technical support which may entail the processing of Personal Data to the extent necessary to provide you with the OVHcloud Services. Such processing is in our legitimate interest in ensuring that you may receive the OVHcloud Services you request from us.

Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.

Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or lawful requests by public authorities, including meeting national security or law enforcement requirements and applicable law, rule, order, or regulation, (ii) protect and defend the rights or property of OVHcloud, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

International Data Transfers

As permitted by applicable law, Personal Data collected by OVHcloud may be stored temporarily on servers located in Canada and will be stored in the United States, where we are located. In some cases, your information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for information under applicable laws (such as those in the EEA). When we conduct such transfers, we put in place appropriate safeguards (such as the standard contractual clauses) in accordance with applicable legal requirements.

EU-US and Swiss-US Privacy Shield

While OVHcloud participates in the EU-US and Swiss-US Privacy Shield frameworks (the "Privacy Shield"), it does not rely on the Privacy Shield.

OVHcloud has certified with the Department of Commerce that we adhere to the Privacy Shield Principles. To learn more about the Privacy Shield Principles, please visit https://www.privacyshield.gov/welcome.

If you have any inquiries or complaints about our handling of your personal information under the Privacy Shield, please contact us at:

We may be accountable for the Personal Data we receive under the Privacy Shield that we may transfer to third-party service providers if they process Personal Data in a manner inconsistent with the Privacy Shield Principles and we are responsible if they do so and for the harm caused. We will only disclose Service Data supplied by you to third parties where permitted or required by you, and in accordance with the Privacy Shield Principles.

OVHcloud has further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim.

OVHcloud has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.

If your complaint is not resolved through these channels, under certain conditions a binding arbitration option may be available before a Privacy Shield Panel. For additional information, please visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

We are subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to Personal Data received or transferred pursuant to the Privacy Shield.

Data Retention

We retain your Personal Data for as long as necessary to carry out the purposes set out in this Privacy Notice, unless a longer retention period is required by applicable law. To determine the appropriate retention time for your Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether we can achieve these purposes through other means, as well as applicable legal requirements. In some circumstances, we may anonymize Personal Data so that it may no longer be associated with a data subject, and in such cases we may use that anonymized information without further notice to you and outside of this Privacy Notice (because, once anonymized, it ceases to constitute "personal data").

Data Subject Rights

OVH US LLC is the data controller for processing Personal Data provided to us through the Site. Our registered office is at 11160-C1 South Lakes Drive #811, Reston, VA 20191.

You have the following rights in relation to your Personal Data:

Right of access: If you ask us, we will confirm whether we are processing your Personal Data and if so, provide you with a copy of that Personal Data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.

Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Data with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.

Right to erasure: You may ask us to delete or remove your Personal Data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.

Right to restrict processing: You may ask us to restrict or 'block' the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.

Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used, and machine-readable format. You may reuse it elsewhere.

Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:

• if we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing; or
• if we are processing your Personal Data for direct marketing.

Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.

Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.

Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

You may exercise your rights by contacting us as indicated in the "Contact Us" section below.

Security

We maintain reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in light of the risks inherent in processing this information. However, the Internet cannot be guaranteed to be fully secure and we cannot ensure or warrant the security of any information you provide to us. Please keep this in mind when providing us with your Personal Data.

Changes to This Privacy Notice

We may change this Privacy Notice at any time. If we update this Privacy Notice, we will notify you by posting a new privacy notice on this page. If we make any changes that materially change the ways we process or protect your information, we will provide additional notification of the changes. By continuing to use the Site and/or the OVHcloud Services or providing us with information following such a replacement Privacy Notice being uploaded, you agree that you will be deemed to have agreed to be bound by the Privacy Notice as changed.

Contact Us

If you have any questions or comments about this Privacy Notice, or wish to exercise your rights under EU law, please do not hesitate to contact us at:

Representative in the EU:
Ms. Blandine Poidevin
104 rue esquernoise
59000 Lille, France
bpoidevin@jurisexpert.net

Website: https://us.ovhcloud.com

Email: privacy@corp.ovh.us

Postal Address:

11950 Democracy Drive
Suite 300
Reston, VA 20191