Effective from December 16, 2020
1. Please read carefully!
This policy describes our privacy practices – what Personal Information we collect about our Users, what we do with it, how we share it, and your rights regarding that Personal Information.
2. What Personal Information do we collect
2.1. User Information:
To provide you the Services, we must collect Personal Information relating to an identified or identifiable natural person (“Personal Information”). We collect Personal Information you provide us, from your use of the Services, and from other sources. Here are the types of Personal Information we collect about you:
Information you provide us. When you register for our Services, purchase and/or register domain names, use any of our Services; and/or when you contact us directly by any communication channel (e.g., Phoenix Marketing’s support tickets, emails), you may provide us Personal Information, such as name, email address, phone number, payment information (for Users with Paid Services), information you include in your communications with us and with other users on our platform, and Personal Information contained in scanned identification documents (such as an ID card, driver’s license, passport, or official company registration documents).
Information we collect when you use the Services. When you visit, download, and/or use any of our Services, we may collect aggregated usage Personal Information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying Personal Information regarding the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc
Information we collect from other sources. We may receive Personal Information about you from third-party sources, such as i) security providers , fraud detection and prevention providers for example to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account, we may receive Personal Information from that service (e.g., your username, basic profile Personal Information) and in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering; iii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.
To provide our Services, we collect Personal Information about our Users.
The Personal Information comes from you when you visit or use our services, Personal Information we collect automatically, and Personal Information we collect from other sources.
2.2. Users of Users Personal Information
We may also collect Personal Information pertaining to visitors and users of our User’s websites or services (“Users-of-Users”), solely for and on our Users’ behalf (as further described in Section 6 below).
2.3. Phoenix Marketing Jobs Applicant Information
We also collect information that is provided to us by Phoenix Marketing jobs candidates (“Applicants”), when they apply to any of the open positions published at , by e-mail or otherwise (as further described in Section 15 below).
3. Why do We collect such Personal information
We use your Personal Information for the following purposes:
To provide and operate the Services;
.To further develop, customize, expand, and improve our Services, based on Users’ common or personal preferences, experiences and difficulties;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Users with general or personalized service-related notices and promotional messages (as further detailed in Section 8 below);
To help us to update, expand and analyse our records to identify new customers;
To facilitate, sponsor, and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners, and grant prizes and benefits;
To analyse our performance and marketing activities;
To create aggregated statistical data and other aggregated and/or inferred information, which we or our business partners may use to provide and improve our respective services;
To provide you with professional assistance , only upon your request;
To enhance our data security and fraud prevention capabilities; and
To comply with any applicable laws and regulations.
We use your Personal Information for the purposes set out in Section 3 where:
Our use of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (e.g. to provide you with a website builder, to provide you with our customer assistance and technical support);
Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we have; or
Our use of your Personal Information is necessary to support legitimate interests and business purposes (for example, to maintain and improve our Services and the effectiveness of Phoenix Marketing by identifying technical issues), provided it is conducted in a way that is proportionate and that respects your privacy rights.
We use the Personal Information we collect about you to provide our services and make them better and safer.
We also collect and use Personal Information in order to contact Users and to comply with the laws applicable to us.
4. How we share your Personal Information
We may share your Personal Information with service providers and others (or otherwise allow them access to it) in the following manners and instances:
Third Party Service Providers: Phoenix Marketing has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Service Provider(s)”).
Phoenix Marketing may share the following categories of Personal Information with Third Party Service Providers for a business purpose:
identifiers, including name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers
commercial information, for example information regarding products or services purchased, obtained, or considered
We may share the Personal Information of our Users and Users-of-Users with various third parties, including certain service providers and law enforcement officials.
The Personal Information may be shared solely in accordance with this policy.
Law Enforcement, Legal Requests and Duties: Phoenix Marketing may disclose or otherwise allow access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
Protecting Rights and Safety: Phoenix Marketing may share your Personal Information if we believe in good faith that this will help protect the rights, property or personal safety of Phoenix Marketing, any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.
Social Media Features and Framed Pages: Our Services include certain Social Media features, widgets, and single sign on features, such as the “Facebook Connect,” “Google Sign-in,” “Facebook Like”, or “Share this” button or other interactive mini-programs (“Social Media Features”). These Social Media Features may collect certain Personal Information such as your IP address or which page you are visiting on our Website and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties’ Social Media Features are governed by their policies and not ours.
In addition, our Services may enable you to share your Personal Information with third parties directly, such as via page framing techniques to serve content to or from Third-Party Service Providers or other parties, while preserving the look and feel of our Website and Services (“Frames”). Please be aware that if you choose to interact or share any Personal Information via such Frames, you are in fact providing it to these third parties and not to us, and such interactions and sharing are governed by those third parties’ policies and not ours.
App Market Developers: As part of our App Market program, we allow third party developers (“Third Party Developer(s)”) to develop and offer their own applications via the Phoenix Marketing App Market (“Third Party App(s)”), in conjunction with Phoenix Marketing.
You are solely responsible for notifying your Users-of-Users of the collection, processing and use of their Information and informing them that their Information will be transferred to and processed by Phoenix Marketing on your behalf.
Sharing Personal Information from Phoenix Marketing subsidiaries and affiliated companies in the European Union and Switzerland to Phoenix Marketing’s United States subsidiary will be only when the relevant Model Standard Contractual Clauses are in place .
Connection With a Change in Corporate Control: In addition, should Phoenix Marketing or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event.
Upon Your Further Direction: Phoenix Marketing may also share your Personal Information with third parties for other purposes upon your further direction or with your explicit approval.
5. Where do we store your Personal Information?
Users’ and Users-of-Users’ Personal Information may be stored in data centers located in the United Kingdom, Ireland, Japan and Israel. We may use other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law.
Phoenix Marketing.com Ltd. is based in the United Kingdom and is governed by English Law.
Phoenix Marketing affiliates and Third-Party Service Providers that store or process your Personal Information on Phoenix Marketing’s behalf are contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
Transfer of EU Personal data : If you are located in Europe, when we will transfer your Personal Information to the United States or anywhere outside Europe, we will make sure that (i) there is a level of protection deemed adequate by the European Commission or (ii) that the relevant Model Standard Contractual Clauses are in place. Phoenix Marketing participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List, here.
Among other things, Phoenix Marketing will ensure that there is the adequate level of protection or that relevant Model Standard Contractual Clauses are in place for the international transfer of our EU users’ data.
Privacy Shield Certification: Phoenix Marketing and its affiliates, including DeviantArt Inc., participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List, here.
In compliance with the Privacy Shield Principles, Phoenix Marketing.com commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: firstname.lastname@example.org For the avoidance of doubt, Phoenix Marketing does not rely on the Privacy Shield as a mechanism for transferring GDPR protected personal data.
Phoenix Marketing.uk has further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit 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 to file a complaint.
6. Users-of-users’ Personal Information
Phoenix Marketing may collect, store and process certain Personal Information of Users-of-Users (“Users-of-Users Information”), solely on our Users’ behalf and at their direction. For example, each of our Users is able to import their e-mail contacts from third-party services like Gmail, or otherwise collect and manage contacts via their User Website. Such contacts are then stored with Phoenix Marketing, on the User’s behalf.
For such purposes, Phoenix Marketing serves and shall be considered as a “Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Union General Data Protection Regulation (“GDPR”)) of such Users-of-Users Information.
The Users controlling and operating such User Websites shall be considered as the “Controllers” of such Users-of-Users Information, and are responsible for complying with all laws and regulations that may apply to the collection and control of such Users-of-Users Information, including all privacy and data protection laws of all relevant jurisdictions.
The Processing of the Users-of-users’ Personal Information shall take place within the territory of the European Union, Israel or a third country, territory or one or more specified sectors within that third country of which the European Commission has decided that it ensures an adequate level of protection and such processing and transfer will be in accordance to the Data Processing Agreement – Users (“DPA"). Any transfer to and Processing in a third country outside the European Union that does not ensure an adequate level of protection according to the European Commission, shall be undertaken in accordance with the the Standard Contractual Clauses (2010/87/EU) set out in Annex 1of the DPA. For the sake of clarity, “Processing” should be understood as per the definition provided in the DPA.
You are responsible for the security, integrity and authorized usage of Personal Information about Users-of-Users’, and for obtaining consents, permissions and providing any required data subject rights and fair processing notices required for the collection and usage of such Personal Information.
Phoenix Marketing cannot provide legal advice to Users or their Users-of-Users, however we do recommend that all Users publish and maintain clear and comprehensive privacy policies on their User Websites in accordance with any applicable laws and regulations, and that all Users-of-Users carefully read those policies and make sure that they understand and, to the extent required by applicable law, consent to them.
For more information on how Users-of-Users Personal Information may be handled by Phoenix Marketing (which may be relevant for any specific notice you provide to and/or consent you obtain from your Users-of-Users), please see Sections 4, 12 and 13.
If you are a visitor, user or customer of any of our Users, please read the following: Phoenix Marketing has no direct relationship with Users-of-Users whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to request to access, correct, amend, or delete inaccurate Personal Information processed by Phoenix Marketing on behalf of its Users, please direct your query to the relevant User (who is the “Controller” of such data). If Phoenix Marketing is requested by our Users to remove any Users-of-Users’ Personal Information, we will respond to such requests in a timely manner upon verification and in accordance with applicable law (for example, thirty (30) days under the GDPR). Unless otherwise instructed by our User, we will retain their Users-of-Users’ Personal Information for the period set forth in Section 12 below.
Phoenix Marketing may collect and process Personal Information regarding the users of our users.
We do this solely on our users’ behalf, and at their direction.
Our users are solely responsible for their users-of-users information, including for its legality, security and integrity.
Phoenix Marketing has no direct relationship with any of its users’ users. If you are a user-of-user, please contact the Phoenix Marketing site owner directly.
Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
These technologies are used mostly for stability, security, functionality, performance and advertising purposes.
8. Communications from Phoenix Marketing
8.1. Promotional Messages
We may use your Personal Information to send you promotional content and messages by e-mail, text messages, notifications within our platform, marketing calls and similar forms of communication from Phoenix Marketing or our partners (acting on Phoenix Marketing’s behalf) through such means.
If you do not wish to receive such promotional messages or calls, you may notify Phoenix Marketing at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.
We may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us or unsubscribing.
8.2. Service and Billing Messages
Phoenix Marketing may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your User Website; or notify you of material changes in our Services.
It is important that you are always able to receive such messages. For this reason, you are not be able to opt-out of receiving such Service and Billing Messages unless you are no longer a Phoenix Marketing User (which can be done by deactivating your account).
We may also contact you with service and billing-related messages and content. You will not be able to opt-out of receiving such messages.
9. Your rights in relation to your Personal Information
Phoenix Marketing agrees that it is imperative that you have control over your Personal Information. Pursuant to privacy regulations worldwide, Phoenix Marketing is taking steps to enable you to request access to, receive a copy of, update, amend, delete, or limit the use of your Personal Information.
Before fulfilling your request, we may ask you for additional information in order to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law (e.g. if your request is unfounded or excessive).
You have the right to file a complaint with your local supervisory authority for data protection (but we still recommend that you contact us first).
If you are a Phoenix Marketing User, and you wish to receive a copy, access and/or request us to make corrections to the Personal Information that you have stored with us (either yours or your Users-of-Users’), or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, please follow the instructions provided in these Help Center articles: “Retrieving Your Phoenix Marketing Account Data” or Permanently Deleting Your Phoenix Marketing Account”. You can also mail your request to Phoenix Marketing UK, 49 Edward St, Haywards Heath, West Sussex. We will make reasonable efforts to honour your request promptly (unless we require further information from you in order to fulfil your request), subject to legal and other permissible considerations.
Please note that permanently deleting your Phoenix Marketing account erases all of your Personal Information from Phoenix Marketing's databases. After completing this process, you can no longer use any of your Phoenix Marketing Services, your account and all its data will be removed permanently, and Phoenix Marketing will not be able to restore your account or retrieve your data in the future. If you contact our support channels in the future, the system will not recognize your account and support agents will not be able to locate the deleted account.
You may request to access, receive a copy of, update, amend, delete, or limit the use of your Personal Information you have stored with us. Just send us an e-mail or fill out our dedicated GDPR form. You may also correct and/or update your Personal Information through your account or website settings.
You can delete your Personal Information by deleting your entire account. We will respond to your requests within a reasonable timeframe.
10. Additional Information for California residents
If you are a California resident using the Services, the California Consumer Privacy Act (“CCPA”) may provide you the right to request access to and deletion of your Personal Information.
In order to exercise the right to request access to and deletion of your Personal Information, please see the information on the section 9, above. We do not discriminate based on the exercise of any privacy rights that you might have under this Section.
Phoenix Marketing does not sell user Personal Information to third parties for the intents and purposes of the CCPA.
As informed in section 6 above, Phoenix Marketing may collect, store and process certain Personal Information of Users-of-Users, solely on our Users’ behalf and at their direction. For such purposes, Phoenix Marketing serves and shall be considered as a “Service Provider” and not as the “Business” (as both such capitalized terms are defined in the CCPA. Phoenix Marketing does not and will not sell your customers’ (User-of-User) Personal Information.
Users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted by emailing us at . All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party
California residents may exercise their right to access and delete their Personal Information. To make a request, (i) visit our webform, (ii) send us an email;
11. Questions and Complaints
Our Data Protection Officer team will investigate the complaint and determine whether a breach has occurred and what action, if any, to take. We take every privacy complaint seriously and will make all reasonable efforts to resolve your complaint promptly and in accordance with applicable law.
You can file a complaint with your local supervisory authority for data protection at any time, however we recommend that you contact us first so we can try to resolve it.
You can file a complaint with your local supervisory authority for data protection at any time. Please contact us first so we can try to resolve your concerns.
12. Data Retention
We may continue to retain your Personal Information after you deactivate your User Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.
We maintain a data retention policy which we apply to Personal Information in our care.
We may keep your Personal Information for as long as your account is active, and longer as needed (for example, if we are legally obligated to keep it longer, or need it to protect our interests).
Phoenix Marketing has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy.
Regardless of the measures and efforts taken by Phoenix Marketing, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Users-of-Users’ Personal Information or any other information you upload, publish or otherwise share with Phoenix Marketing or anyone else. We encourage you to set strong passwords for your User Account and User Website, and avoid providing us or anyone with any sensitive Personal Information of which you believe its disclosure could cause you substantial or irreparable harm.
Furthermore, because certain areas on our Services are less secure than others (for example, if you set your Support forum ticket to be “Public” instead of “Private”, or if you browse to a non-SSL page), and since e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Information on any of these areas or via any of these methods.
If you have any questions regarding the security of our Services, you are welcome to contact us at email@example.com .
Phoenix Marketing values the security of our customers' Personal Information and we do everything in our power to protect it.
However, as we can’t guarantee absolute protection – we encourage you to be careful, set a strong password for your account, and avoid submitting any sensitive information which, if exposed, could cause you major harm.
14. Third-Party Websites
Our Services may contain links to other websites or services.
15. Phoenix Marketing Jobs Applications
Phoenix Marketing welcomes all qualified Applicants to apply to any of the open positions published at www.phoenixmarketing.uk, by sending us their contact details and CV (“Applicants Information”) via the relevant Position Application Form on our Website, or through any other means provided by us.
We understand that privacy and discreetness are crucial to our Applicants, and are committed to keep Applicants Personal Information private and use it solely for Phoenix Marketing’s internal recruitment purposes (including for identifying Applicants, evaluating their applications, making hiring and employment decisions, and contacting Applicants by phone or in writing).
If you previously submitted your Applicants Personal Information to Phoenix Marketing, and now wish to access it, update it or have it deleted from Phoenix Marketing’s systems, please contact us.
We welcome all qualified job seekers to apply to any of our open positions, by sending us their contact details and CV.
We will use such Personal Information solely for our internal recruitment, employment and business purposes.
16. Public forums and user content
Our Services offer publicly accessible blogs, communities and support forums. Please be aware that any Personal Information you provide in any such areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blogs, communities or forums, feel free to contact us In some cases, we may not be able to remove your Personal Information from such areas. For example, if you use a third party application to post a comment (e.g., the Facebook social plugin application) while logged in to your related profile with such third party, you must login into such application or contact its provider if you want to remove the Personal Information you posted on that platform.
In any event, we advise against posting any Personal Information (via any means) you don’t wish to publicize.
If you upload any user content to your User Account or post it on your User Website and provide it in any other way as part of the use of any Service, you do so at your own risk.
We have put adequate security measures in place to protect your Personal Information. However, we cannot control the actions of other Users or members of the public who may access your User Content, and are not responsible for the circumvention of any privacy settings or security measures you or we may have placed on your User Website (including, for instance, password-protected areas on your User Website). You understand and acknowledge that, even after its removal by you or us, copies of User Content may remain viewable in cached and archived pages or if any third parties (including any of your Users-of-Users) have copied or stored such User Content. To clarify, we advise against uploading or posting any information you do not wish to be public.
Avoid posting any Personal Information to any of the public areas on our Services, or to your own website, if you don’t want it to become publicly available.
17. Updates and interpretation
Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
We may change this policy at any time. We will notify you of changes as required by applicable law.
Only the left column is legally binding (this column is just for clarity).
Translated (non-English) versions of these terms are provided for convenience only.
18. Contacting us
For the purposes of GDPR (Article 27), you may contact our EU representative at Phoenix Marketing Online Platforms Limited, 1 Grant’s Row, Dublin 2 D02HX96, Ireland.
We may change this policy at any time. We will notify you of changes as required by applicable law.
Translated (non-English) versions of these terms are provided for convenience only