CLOUDUP TERMS OF SERVICE
Effective Date: May 15, 2015
Binding Agreement. This is a binding contract (“Terms”) between you and Cloudup, which is wholly owned and operated by the folks at Automattic (“we,” “us,” “our,” “Automattic,” “Cloudup”). These Terms apply whenever you use any of the sites, apps, products, or services (“Services”) we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.
Age Restrictions. The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.
Your Content and Permissions. Cloudup allows you to share just about anything–files, videos, links, music, documents, code, and text (“Your Content”). Your Content is yours. Cloudup does not claim any right, title, or interest in Your Content.
You grant us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing Your Content. This license extends to trusted third parties we work with.
Content Guidelines. You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws, these Terms, and with our User Guidelines. We don’t actively review Your Content.
Account Security. You are responsible for safeguarding your password to the Services, making sure that others don’t have access to it, and keeping your account information current. You must immediately notify Cloudup of any unauthorized uses of your account or any other breaches of security. Cloudup will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.
Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Cloudup within the designated notice period. Your continued use of Cloudup will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
You can access archived versions of our policies here.
DMCA Policy. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that the content of a Cloudup account infringes your copyrights, you can notify us using our DMCA complaint form. We have a policy of terminating the accounts of users deemed to be repeat infringers, in accordance with our policies. We encourage users to file a counter-notification in cases where the claim of infringement is fraudulent or invalid.
Our Intellectual Property: The Services and all materials contained therein, including, without limitation, Cloudup logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Cloudup Materials”) are the property of Cloudup or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Cloudup Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Cloudup, Automattic, or third-party trademarks.
Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services.
Disclaimer of Warranties. Automattic makes no warranties of any kind with respect to Cloudup or your use of the Services.
Limitation of Liability. Automattic shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of Cloudup. As a condition of access to Cloudup, you understand and agree that Automattic’s liability shall not exceed $5.23.
Indemnification. You will indemnify, defend, and hold Automattic, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Cloudup or (ii) your breach or alleged breach of any of these Terms. Automattic may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Automattic.
Arbitration Agreement. We both agree to resolve any disputes arising out of these Terms or your use of Cloudup through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to, and shall be conducted in the English language. The arbitrators’ decision may be enforced in any court of competent jurisdiction. Automattic will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys’ fees, but Automattic will not seek its attorneys’ fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.
No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
Governing Law. You agree that these Terms, and your use of Cloudup, are governed by California law, in the United States of America, without regard to its principles of conflicts of law.
Terms of Service
We (the folks at Automattic) are on a mission to make the web a better place. We hope you love our products and services — from website publishing tools to ecommerce solutions to security backup systems to management tools for global companies to the next great idea that we haven’t even thought of yet — as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. We’ve decided to make these Terms available under a Creative Commons Sharealike license. You can grab a copy of these Terms and other legal documents on Github. You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to Automattic somewhere on your website.
Terms of Service
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in the European continent. If you reside in the “Designated Countries,” your Agreement is with Aut O’Mattic A8C Ireland Ltd. If you reside outside of the “Designated Countries,” your Agreement is with Automattic Inc. We refer to Aut O’Mattic A8C Ireland Ltd. and Automattic Inc. collectively as “Automattic” or “we” throughout these Terms.
2. Your Account
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a WordPress.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
4. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, WordPress.com or our other Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-Automattic websites.
5. Fees, Payment, and Renewal
a. Automattic Fees
Fees for Paid Services. Some of our Services are offered for a fee, such as Happy Tools, Jetpack plans, WordPress.com plans, and some Ecommerce Services (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees (for example, Jetpack fees, VaultPress fees, WordPress.com fees, and fees associated with specific features, such as Recurring Payments and domain name registration and renewal). Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for Recurring Payments for your website’s subscriptions — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a WordPress.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Manage Purchases page. For more information about how WordPress.com subscriptions work, please see our Manage Purchases, Renewals & Cancellations support page.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s site. For example, you can manage all of your WordPress.com plans through your WordPress.com Manage Purchases page. To cancel a WordPress.com plan, go to your Manage Purchases page, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services (for example, for our Quick Start sessions), which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
b. Fees Collected by Website Owners
Fees Paid to Websites or Website Owners. Website owners may choose to sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. Please note that we are not involved in a website’s subscription details, or a website’s store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items or subscriptions from a website, your purchase is directly from the website owner, who is solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Automatic Renewal. Any recurring payments you make to a website owner (such as a website subscription) are automatically renewed. This means that unless you cancel your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments will be renewed for the same interval of time as your original subscription period. For example, for an annual renewal schedule for your website subscription, you will be charged each year. You can view your renewal date by visiting your Other Sites page.
Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your website subscriptions at your Other Sites page. Click on the automatically renewing payment you wish to cancel, then follow the instructions to cancel. You must repeat this process for each website subscription you wish to cancel.
Refunds. We are not responsible for refunds for fees paid to a website owner because those transactions are between website owners and their users. If you would like to request a refund for any fees paid to a website or website owner, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Automattic’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
7. Specific Service Terms
a. WordPress.com Websites and Accounts
WordPress.com enables you to create beautiful websites and blogs, and we would love for you to use it. A WordPress.com account also allows you to sign into some of our Services. WordPress.com’s basic service is free, and we offer paid plans for advanced features such as a custom domain name, extra storage, and access to premium themes. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. You own all content you post to your website. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a WordPress.com website that you believe violates these Terms, please visit our dispute resolution and reporting page.
Your WordPress.com Website. If you create a website on WordPress.com, you get to use an Automattic-owned subdomain, such as example.wordpress.com or mollys.food.blog. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.
License. By submitting Content to Automattic for inclusion on your website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license also allows Automattic to make any publicly-posted Content available to third parties selected by Automattic (through Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other WordPress.com users permission to share your Content on other WordPress.com websites and add their own Content to it (aka to “reblog” your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website (the reblogging function on WordPress.com does this automatically!).
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on WordPress.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Web Traffic. We use a third party, comScore, Inc. (“comScore”), to measure WordPress.com’s audience and usage. By hosting your website on WordPress.com, you agree to assign the traffic relating to your website to Automattic and authorize us to sign a Traffic Assignment Letter on your behalf for comScore audience measurement reports. Your website’s traffic will be included under Automattic. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or comScore require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
Prohibited Uses. By using WordPress.com, you represent and warrant that your Content and conduct do not violate the User Guidelines.
HTTPS. We offer free HTTPS on all WordPress.com websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on WordPress.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
Advertisements. We reserve the right to display advertisements on your website unless you have purchased a plan that includes the removal of ads.
Attribution. We reserve the right to display attribution text or links in your website footer or toolbar, attributing WordPress.com or the theme author, for example. Some of these attributions may not be altered or removed. For more details about what these attributions might look like, and under which circumstances (if any) they may be altered or removed, please see our Admin and Action Bars support page.
Friends of WP.com Themes. By activating a partner theme from the Friends of WP.com section of our themes directory, you agree to that partner’s terms of service. You can decline the terms of service at any time by deactivating the partner theme.
Domain Names. We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register a domain name on WordPress.com, or when you transfer an existing domain name to WordPress.com, you become bound by the relevant registrar’s terms and conditions, either the Automattic Domain Name Registration Agreement, Tucows Domain Inc. Registration Agreement, or this Domain Name Registration Agreement, in addition to these Terms. When you register a domain, you are presented with and agree to the relevant domain registration agreement. If you didn’t make a note of it, you can look it up at any time at WordPress.com. Please see this support page for instructions on how to determine which domain registration agreement(s) apply to you and your domains. These registrar terms are incorporated by reference into these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.
For details about what happens during the domain expiration process, and how we may notify you of domain expiration, please see the Domain Expiration support page. Please refer to the domain pricing and available TLDs page for details about fees associated with domain registrations, renewals, and redemptions.
Jetpack is a plugin that connects your self-hosted WordPress website to WordPress.com’s infrastructure to give you powerful WordPress.com features.
Jetpack Content. You’re fully responsible for the content of any website you own that runs Jetpack (“Jetpack Content”).
Features. Jetpack includes various features, and you can visit Jetpack.com to learn more about them. Some features, like Enhanced Distribution, when activated, will include your Jetpack Content in Firehose. By activating these features, you grant us permission to display your Jetpack Content on WordPress.com for the purpose of distributing and promoting your website. Some features are on by default and others you need to enable manually. You can see which features are active, and activate and deactivate features, on your dashboard.
License. By using Jetpack, you grant us access to your website’s servers for the purpose of backing up and securing your Jetpack Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). Jetpack may temporarily install extra software on your website to backup your website and scan it for security vulnerabilities. In order to address security vulnerabilities, we may push an upgrade to your website or access your website to remove malicious code.
You agree that we may scan your website, and compile aggregated/anonymized statistics for our internal use to optimize Jetpack’s performance. By submitting Content to Automattic for inclusion on your website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license also allows Automattic to make any publicly-posted Content available to third parties selected by Automattic (through Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
Storage of Information. Certain Jetpack features rely on WordPress.com servers to function, such as those that allow you to send email, publish links, relate posts to each other, or resize images. To take advantage of the performance boosting features of Jetpack, certain information about the Content, settings, and setup of your website are synced with our servers, as described on our What Data Does Jetpack Sync? support page.
Prohibited Uses. Your website and Jetpack Content must comply with Jetpack’s Service Guidelines.
VaultPress is a subscription-based security and backup service for self-hosted WordPress websites.
VaultPress Content. VaultPress will backup your WordPress content (e.g., your WordPress database, plugins, themes, and uploads, as well as some additional files, as described in this introduction to VaultPress) (“VaultPress Content”). You can view the Content that VaultPress backs up via your VaultPress dashboard. You’re fully responsible for your VaultPress Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by these Terms. We don’t actively review the VaultPress Content.
Access. If you lose access to your WordPress.com account, you may not be able to access your backed up VaultPress Content.
License. By using VaultPress, you grant us access to your website’s servers for the purpose of backing up and securing your VaultPress Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). In order to address security vulnerabilities, we may push an upgrade to your website, or we may access your website to remove malicious code. We may also scan VaultPress Content and compile aggregated/anonymized statistics for our internal use to optimize the performance of the VaultPress service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your VaultPress Content, to the extent necessary to operate the VaultPress service. These Terms don’t give us any rights in your VaultPress Content, beyond those we need to operate VaultPress. You own your VaultPress Content.
Cancellation. If you cancel your subscription to VaultPress, we will queue your backed-up VaultPress Content for deletion.
d. Happy Tools
Happy Tools is a suite of software and consulting services to help modern and distributed companies manage, grow, and support their business.
Prohibited Uses. You agree not to:
- Modify, decompile, reverse engineer or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of Happy Tools; or
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make Happy Tools available to any third party, other than your authorized users.
e. Ecommerce Services
There are certain features offered via WooCommerce, WooCommerce Services, WordPress.com, or Jetpack that enable you to sell items (goods, content, services, etc.) or collect payments on your website, such as Store, Simple Payments, and Recurring Payments (collectively, “Ecommerce Services”). If you use WooCommerce, the WooCommerce Use Terms also apply.
Usage of Information. WooCommerce Services may require Automattic’s servers, a connection to our partners, and/or data from your website, to work, as described on our “What Data Does Jetpack Sync?” support page.
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Services or force refunds to your subscribers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms. If you’re using Ecommerce Services on WordPress.com, you must not violate our User Guidelines or Store Guidelines.
We are not involved in these relationships, but may facilitate communication in some cases. For example, we may, on your behalf, receive notices or forms relating to your Stripe account.
Please note that some of these third party services (like TaxJar if you use Store) may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them.
Fees. In some cases, you pay us a percentage (which may vary) of the revenue you generate through Ecommerce Services. These revenue-based fees are ongoing. For example, for Recurring Payments, you pay us a percentage (which depends on your plan) of the revenue your website generates through Recurring Payments; you authorize Stripe to direct payment of that percentage to us. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services (for example, tax calculations may be provided by TaxJar, if you are using Store) allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
Shipping Services. Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS and Canada Post. We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.
In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.
You authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you have provided in your WordPress.com account, which you can view and manage as described on the Payments Methods support page. If you have multiple payment methods, you can select which should be used for the shipping label service. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.
Refunds for unused shipping labels must be requested in your store’s wp-admin within 30 days of creating the label. Please note that depending on your bank and the third party involved, it may take up to 45 days for your refund to issue. If you haven’t received your refund within this time frame, please contact us.
You may not transfer or sell postage and/or shipping labels to a third party.
Your Responsibilities. You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
- You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
- You should use your best judgment when establishing and managing your website’s subscriptions or collecting payments, setting expectations appropriately, and fulfilling any commitments you’ve made. For example, if you’d like to promise your visitors or subscribers a new post each week, but aren’t sure if you’ll be able to post that frequently, you should make it clear that it’s a goal and not a guarantee.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale, payment, or website subscription.
8. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Automattic product or service violates your copyright, please notify us in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Automattic or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
9. Intellectual Property
The Agreement does not transfer from Automattic to you any Automattic or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Automattic. Automattic, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics, and logos used in connection with WordPress.com or our Services, are trademarks or registered trademarks of Automattic or Automattic’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Automattic or third party trademarks.
10. Third Party Services
In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself (“Third Party Services”) on your website. If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Automattic.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
11. G Suite
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Automattic, or by the posting by Automattic of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Automattic policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your WordPress.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Disclaimer of Warranties
Our Services are provided “as is.” Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California.
16. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
17. Limitation of Liability
In no event will Automattic, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
19. US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
20. Data Processing Agreement
If you need a Data Processing Agreement with us for the GDPR requirements that apply to us as a data processor for your website, please follow these instructions.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is critically important to us. At Automattic, we have a few fundamental principles:
- We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
- We store personal information for only as long as we have a reason to keep it.
- We aim to make it as simple as possible for you to control what information on your website is shared publicly (or kept private), indexed by search engines, and permanently deleted.
- We help protect you from overreaching government demands for your personal information.
- We aim for full transparency on how we gather, use, and share your personal information.
Who We Are and What This Policy Covers
- Our websites (including automattic.com, wordpress.com, vip.wordpress.com, jetpack.com, woocommerce.com, crowdsignal.com, gravatar.com, intensedebate.com, vaultpress.com, akismet.com, simplenote.com, simperium.com, leandomainsearch.com, cloudup.com, longreads.com, and happy.tools);
- Our mobile applications (including the WordPress mobile app for Android and iOS);
- Our other Automattic products, services, and features that are available on or through our websites (for example, WordPress.com plans, Recurring Payments, Simple Payments, WordPress.com VIP, Jetpack, the WooCommerce Services Extension, Gravatar, the IntenseDebate comment management system, Akismet plans, Simplenote, Simperium, Cloudup, Longreads, and Happy Tools); and
- Other users’ websites that use our Services, while you are logged in to your account with us.
Creative Commons Sharealike License
Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better. We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:
- Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for a WordPress.com account to provide an email address along with a username or name, depending on the service–and that’s it. You may provide us with more information — like your address and other information you want to share — but we don’t require that information to create a WordPress.com account.
- Public Profile Information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have a WordPress.com account, your username is part of that public profile, along with any other information you put into your public profile, such as a photo or an “About Me” description. Your public profile information is just that–public–so please keep that in mind when deciding what information you would like to include.
- Billing and Contact Information: If you buy something from us–a subscription to a WordPress.com plan, a premium theme, a custom domain, or some fun Longreads swag, for example –- or pay fees to a site owner (for example via Recurring Payments or Simple Payments), you will provide additional personal and payment information, such as your name, credit card information, and contact information.
- Happy Tools Information: If you are a Happy Tools user, you will provide us with information to make use of the Service’s features. For example, you might enter timezone and location information, company information, and contact information.
- Ecommerce Site Information: If you use our ecommerce Services to sell products or services to others through your site (including Stores on WordPress.com, the WooCommerce Services extension, or other purchases on WooCommerce.com), you will have to create a WordPress.com account or connect an existing account and, for some of our ecommerce Services, provide your site URL. You may also provide us with information about your financial account to set up a payments integration, such as the email address for your Stripe or PayPal account or your bank account information.
- Content Information: Depending on the Services you use, you may also provide us with information about you in draft and published content (such as for your website or your Crowdsignal survey). For example, if you write a blog post that includes biographic information about you, we will have that information, and so will anyone with access to the Internet if you choose to publish the post publicly. This might be obvious to you…but it’s not to everyone!
- Credentials: Depending on the Services you use, you may provide us with credentials for your website (like SSH, FTP, and SFTP username and password). For example, Jetpack and VaultPress users may provide us with these credentials in order to use our one-click restore feature if there is a problem with their site, or to allow us to troubleshoot problems on their site more quickly.
- Communications with Us (Hi There!): You may also provide us information when you respond to surveys, communicate with our Happiness Engineers about a support question, post a question about your site in our public forums, or sign up for a newsletter like the one we send through Longreads. When you communicate with us via form, email, phone, WordPress.com comment, or otherwise, we store a copy of our communications (including any call recordings as permitted by applicable law).
Information We Collect Automatically
We also collect some information automatically:
- Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services–for example, when you create or make changes to your website on WordPress.com.
- Usage Information: We collect information about your usage of our Services. For example, we collect information about the actions that site administrators and users perform on a site using our WordPress.com or Jetpack services–in other words, who did what, when and to what thing on a site (e.g., [WordPress.com username] deleted “[title of post]” at [time/date]). As another example, our WooCommerce Usage Tracker tracks information like your email address, WooCommerce settings, PHP settings, and other features for your site, along with information about your online store, such as the aggregate number of orders and customers. We also collect information about what happens when you use our Services (e.g., page views, support document searches at en.support.wordpress.com, features enabled for your website, interactions with our Admin Bar and other parts of our Services) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
- Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps (when, for example, you post a photograph with location information) if you allow us to do so through your mobile device operating system’s permissions.
- Stored Information: We may access information stored on your mobile device via our mobile apps. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access the photographs on your mobile device’s camera roll, our Services may access the photos stored on your device when you upload a really amazing photograph of the sunrise to your website.
- Interactions with Other Users’ Sites: We collect some information about your interactions with other users’ sites while you are logged in to your account with us, such as your “Likes” and the fact that you commented on a particular post, so that we can, for example, recommend posts we think may interest you. As another example, for Intense Debate users, we collect information about the comments you make while logged in to your account, and use that information to, for example, tally up statistics about your comments (check them out in your dashboard!) and provide the information about your comments in your Intense Debate public profile.
Information We Collect from Other Sources
We may also get information about you from other sources. For example, if you create or log into your WordPress.com account through another service (like Google) or if you connect your website or account to a social media service (like Twitter) through our Publicize feature, we will receive information from that service (such as your username, basic profile information, and friends list) via the authorization procedures used by that service. The information we receive depends on which services you authorize and any options that are available. We may also get information, such as a mailing address, from third party services about individuals who are not yet our users (…but we hope will be!), which we may use, for example, for marketing and advertising purposes like postcards and other mailers advertising our services.
How and Why We Use Information
Purposes for Using Information
We use information about you as mentioned above and for the purposes listed below:
- To provide our Services–for example, to set up and maintain your account, host your website, backup and restore your website, charge you for any of our paid Services, or provide essays and stories for your reading pleasure through Longreads;
- To further develop and improve our Services–for example by adding new features that we think our users will enjoy or will help them to create and manage their websites more efficiently;
- To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
- To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze how many individuals purchased a paid plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
- To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Automattic and others, which may result in us declining a transaction or the use of our Services;
- To communicate with you. For example, we may email you to solicit your feedback, share tips for getting the most out of our products, or keep you up to date on Automattic; text you to verify your payment; or call you to share offers and promotions that we think will be of interest to you. If you don’t want to hear from us, you can opt out of marketing communications at any time. (Please keep in mind that even if you opt out, we’ll still send you important updates relating to your account); and
- To personalize your experience using our Services, provide content recommendations (for example, through our Reader Post Suggestions), target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and serve relevant advertisements.
Legal Bases for Collecting and Using Information
How We Share Information
We do not sell our users’ private personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
- Legal and Regulatory Requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request. For more information on how we respond to requests for information about WordPress.com users, please see our Legal Guidelines. Additionally, if you have a domain registered with WordPress.com, we may share your information to comply with the Internet Corporation for Assigned Names and Numbers’ (ICANN) regulations, rules, or policies. For example, your information relating to your domain registration may be available in the WHOIS database, or we may be required to share your information with ICANN-approved Dispute Resolution Service Providers. Please see our Domain Registrations and Privacy support document for more details.
- To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Automattic, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
- With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to your site through our Publicize feature.
- Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services and we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
- Site Owners: If you have a WordPress.com account and interact with a site, your information may be shared with the administrators of the site. For example, if you leave a comment on a site that uses our Services (like a site created on WordPress.com or a site running Jetpack), your IP address and the email address associated with your WordPress.com account may be shared with the administrator(s) of the site where you left the comment. Or if you make a payment (such as via Recurring Payments) to a site, your public display name, user name, and email address may be shared with the administrator(s) of the site.
- Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
Information Shared Publicly
Information that you choose to make public is–you guessed it–disclosed publicly. That means, of course, that information like your public profile, posts, other content that you make public on your website, and your “Likes” and comments on other websites, are all available to others–and we hope you get a lot of views! For example, the photo that you upload to your public profile, or a default image if you haven’t uploaded one, is your Globally Recognized Avatar, or Gravatar–get it? :). Your Gravatar, along with other public profile information, will display with the comments and “Likes” that you make on other users’ websites while logged in to your WordPress.com account. Your Gravatar + public profile information may also display with your comments, “Likes,” and other interactions on websites that use our Gravatar service, if the email address associated with your account with us is the same as the email address that you use on the other website. We also provide a “Firehose” stream of public data (like posts and comments) from some sites that use our Services to provide that data to Firehose subscribers, who may view and analyze the content (all subject to our Terms of Service), but do not have rights to re-publish it, publicly. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.
How Long We Keep Information
We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above on How and Why We Use Information–and we are not legally required to continue to keep it. For example, we keep the web server logs that record information about a visitor to one of Automattic’s websites, such as the visitor’s IP address, browser type, and operating system, for approximately 30 days. We retain the logs for this period of time in order to, among other things, analyze traffic to Automattic’s websites and investigate issues if something goes wrong on one of our websites. As another example, when you delete a post, page, or comment from your WordPress.com site, it stays in your Trash folder for thirty days just in case you change your mind and would like restore that content–because starting again from scratch is no fun, at all. After the thirty days are up, the deleted content may remain on our backups and caches until purged.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. To enhance the security of your account, we encourage you to enable our advanced security settings, like Two Step Authentication.
You have several choices available when it comes to information about you:
- Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services–for example, paid, premium themes–may not be accessible.
- Limit Access to Information on Your Mobile Device: Your mobile device operating system should provide you with the ability to discontinue our ability to collect stored information or location information via our mobile apps. If you do so, you may not be able to use certain features (like adding a location to a photograph, for example).
- Opt-Out of Marketing Communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
- Set Your Browser to Reject Cookies: At this time, Automattic does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using Automattic’s websites, with the drawback that certain features of Automattic’s websites may not function properly without the aid of cookies.
- Close Your Account: While we’d be very sad to see you go, if you no longer want to use our Services 🙁 🙁 🙁 :(, you can close your account (for example, here for WordPress.com accounts). Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above–for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
- Request access to your personal data;
- Request correction or deletion of your personal data;
- Object to our use and processing of your personal data;
- Request that we limit our use and processing of your personal data; and
- Request portability of your personal data.
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, scroll down to How to Reach Us to, well, find out how to reach us. EU individuals also have the right to make a complaint to a government supervisory authority.
Controllers and Responsible Companies
Automattic’s Services are worldwide. Different Automattic companies are the controller (or co-controller) of personal information, which means that they are the company responsible for processing that information, based on the particular service and the location of the individual using our Services. Depending on the Services you use, more than one company may be the controller of your personal data. Generally, the “controller” is the Automattic company that entered into the contract with you under the Terms of Service for the product or service you use. In addition, Automattic Inc., our US-based company, is the controller for some of the processing activities across all of our Services worldwide. The chart below explains the controllers for processing your personal information. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent.
If you reside outside of the Designated Countries (for services other than those offered at WooCommerce.com):
Automattic Inc. 60 29th Street #343 San Francisco, CA 94110
If you reside in the Designated Countries (for services other than those offered at WooCommerce.com):
Aut O’Mattic A8C Ireland Ltd. Business Centre, No.1 Lower Mayor Street International Financial Services Centre Dublin 1, Ireland
Automattic Inc. is also the controller for some of the processing activities related to Services provided by Aut O’Mattic A8C Ireland Ltd.
If you are using our Services offered at WooCommerce.com:
Bubblestorm Management (Pty) Ltd (WooCommerce.com) Unit A206, The Old Biscuit Mill (TOBM) 373 – 375 Albert Road, Woodstock Cape Town, South Africa
Automattic Inc. is also the controller for some of the processing activities related to Services provided by Bubblestorm Management (Pty) Ltd (WooCommerce.com).
How to Reach Us
Other Things You Should Know (Keep Reading!)
- In the case of US based entities, entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield; or
- In the case of entities based in other countries outside the EEA, entering into European Commission approved standard contractual arrangements with them.
You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU.
Ads and Analytics Services Provided by Others
Third Party Software and Services
Visitors to Our Users’ Websites
That’s it! Thanks for reading.
Hi there! This Privacy Notice explains how we, at Automattic, process information about the visitors of our users’ websites in connection with the services we provide through WordPress.com, Jetpack (including WooCommerce Services), IntenseDebate, Crowdsignal.com, and Akismet. Read on!
Who’s Who and What This Privacy Notice Covers
Let’s talk first about who we are at Automattic, what we do, and what this Privacy Notice covers. We are the folks behind a variety of products and services designed to allow anyone–from bloggers, to small business owners, and enterprises–to create, publish, and manage their own websites:
- WordPress.com offers the design, features, and support to bring a website to life.
- With Jetpack, website owners that host their websites elsewhere can connect those websites to features and tools available through WordPress.com and WooCommerce Services.
- Crowdsignal helps site owners create quizzes, surveys, and polls that fit their brand and vision.
- Intense Debate gives site owners tools to manage comments on their websites.
- Akismet helps keep spam under control by filtering out spam comments–hundreds of millions, every day!
Information We Collect About Visitors to Our Users’ Sites
We collect information about visitors to our Users’ Sites in a few different ways–we collect certain information that the visitors provide to the Site, we collect some information automatically, and we collect any information that our Users provide to us about their visitors.
Information a Visitor Provides to a Site
We’ll start with information that visitors provide directly to a Site, which primarily happens when visitors type into a text field on a Site, like a comment field or a sign-up form. Our Users may also implement other ways to allow Site visitors to provide information directly through their Sites. Here are the most common ways in which a visitor directly provides information to a Site:
- Follower and Subscriber Information: When a visitor signs up to follow or subscribe to a Site using Jetpack or WordPress.com, we collect the sign-up information requested by the Site, which typically includes an email address.
- Site Comments: When a visitor leaves a comment on a Site, we collect that comment, and other information that the visitor provides along with the comment, such as the visitor’s name and email address.
- Crowdsignal Survey Responses: When a visitor completes a poll, quiz, or other type of survey prepared by a User via Crowdsignal.com, we collect the visitor’s responses to those surveys, and other information that the survey owner requires for a poll/quiz/survey response, like an e-mail address.
- Order and Shipment Information: If a visitor orders something (hooray!) from a Site using our store and ecommerce features available through WordPress.com or Jetpack (including WooCommerce Services), we may collect information to process that order, such as credit card and billing information, and an address for shipping the package along to the recipient and calculating applicable taxes. We may also use this information for other purposes on behalf of our Users–for example, to send marketing and other communications from our Users to their customers, and to provide our User with analytics information about their ecommerce site (e.g., the number of orders from particular geographic areas).
- Other Information Entered on the Site: We may also collect other information that a visitor enters on the Site–such as a contact form submission, a search query, or Site registration.
Information We Automatically Collect from the Site
We also automatically collect some information about visitors to a Site. The information we automatically collect depends on which of our services the Site uses. We’ve listed examples below:
- Technical Data from a Visitor’s Computer and Etcetera: We collect the information that web browsers, mobile devices, and servers typically make available about visitors to a Site, such as the IP address, browser type, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information.
- Visitor Interactions: We collect information about a visitor’s interactions with a Site, including the “likes” and “ratings” left by visitors to a Site using WordPress.com or Jetpack.
- Location Information: We may determine the approximate location of a visitor’s device from the IP address. We collect and use this information to, for example, tally for our Users how many people visit their Sites from certain geographic regions. If you’d like, you can read more about our Site Stats feature for WordPress.com sites and Jetpack sites.
- Akismet Commenter Information: We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address…oh, and the comment itself, of course).
- Crowdsignal Response Information: We collect information about visitors who respond to a Crowdsignal survey. The information that we collect typically includes IP address, browser type, operating system, user agent, and the web page last visited.
- Intense Debate Commenter Information: We collect information about visitors who comment on Sites that use our Intense Debate service. The information that we collect depends on how the User sets up Intense Debate for the Site, but typically includes the IP address and account information on the Site, along with the comment.
- Jetpack Site Activity: We collect visitor activities related to the management of the Site, such as login attempts/actions and comment submission and management actions. For more information, please see the Jetpack Privacy Center.
Other Information Provided by Our Users
We also collect any other information that our Users provide to us about visitors to their Sites. For example, a User may upload a directory or other information about Site visitors and customers to the “backend” administrative platform for managing the Site.
How We Use Visitor Information
How We Share Visitor Information
We may share information collected about Site visitors in the limited circumstances spelled out below:
- Subsidiaries, Employees, and Independent Contractors: We may disclose Site visitor information to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our services to our Users and their Sites, or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Notice for information about visitors that we share with them.
- Third Party Vendors: We may share Site visitor information with third party vendors who need to know this information in order to provide their services to us. This group includes vendors that help us provide our services to our Users and their Sites. We require vendors to agree to privacy commitments in order to share information with them.
- Legal Requests: We may disclose Site visitor information in response to a subpoena, court order, or other governmental request. For more information on how we respond to requests for information, please see our Legal Guidelines.
- To Protect Rights, Property, and Others: We may disclose Site visitor information when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Automattic, our Users, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
- Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Automattic goes out of business or enters bankruptcy, Site visitor information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Notice would continue to apply to Site visitor information and the party receiving this information may continue to use this information, but only consistent with this Privacy Notice.
- Information Shared Publicly: Information that visitors choose to make public is–you guessed it–disclosed publicly. That means, of course, that information like visitor comments and “likes” are all available to others, including information about the visitor that is displayed in connection with a comment or “like” (such as a visitor’s WordPress.com username and Gravatar). We provide a “firehose” stream of public data (including comments) from Sites to provide that data to firehose subscribers, who may view and analyze the content, but do not have rights to re-publish it publicly. Public information may also be indexed by search engines or used by third parties.
How Long We Keep Visitor Information
If we are not legally required to keep it, we generally discard information about Site visitors when no longer needed for the purposes for which we collect and use it on behalf of our users — those purposes which are described in the “How We Use Visitor Information” section above.
For example, we keep the web server logs that record information about a visitor to one of our user’s Sites — such as the visitor’s IP address, browser type, and operating system — for approximately 30 days. We retain the logs for this period of time in order to, among other things, investigate issues if something goes wrong on a user’s Site.
As another example, when a Site visitor views your Site we use their IP address in order to update your Site Stats with information about their visit, like what country they are in. We keep that IP address for approximately 30 days to give us time to calculate your monthly Site Stats and address any issues with those counts.
Our Users’ Sites may contain ads from third party ad networks and advertisers, and our Users may integrate other tools and services on their Sites (such as Google Analytics and third party plugins). Please note that this Privacy Notice only covers the collection of information by Automattic, and does not cover the collection by any third party. Ad networks and analytics providers may set tracking technologies (like cookies) to collect information about visitors’ use of a Site and across other websites and online services, such as a visitor’s IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by those companies to, among other things, analyze and track usage, determine the popularity of certain content, and deliver advertisements that may be more targeted to visitor interests. For more information about how to manage and delete cookies, visit aboutcookies.org, and for more information on interest-based ads, including information about how visitors may be able to opt out of having their web browsing information used for behavioral advertising purposes, please visit aboutads.info/choices (US based) and youronlinechoices.eu (EU based).
You can read more about how our products and services operate on the links at the top of this notice. And we’d love it if you follow us on privacy.blog for more information about privacy and transparency at Automattic.