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Personal Data Privacy Statement

New gTLD Program

Personal Data Privacy Statement

Superseded by https://newgtlds.icann.org/en/applicants/agb/program-privacy

10 January 2012

The Internet Corporation for Assigned Names and Numbers’ (“ICANN”) respects and is committed to ensuring the protection of personal information collected from the Applicant and new gTLD Program participants, including users of the TLD Application System (“User”), and used in connection with new gTLD Program application process (the “Program”).   ICANN will handle all personal information provided under the Program as described in this Personal Data Privacy Statement (“Privacy Statement”).

By participating in the Program, including using the TLD Application System (“TAS”), the User and the Applicant accept the practices described in this Privacy Statement.  In addition to this Privacy Statement, ICANN has established Terms of Use that set forth the general rules and policies governing the use of the TAS.  You can review the Terms of Use by visiting  http://newgtlds.icann.org/en/applicants/tas/terms.

1. International Transfers

The Program may be operated and administered entirely outside the jurisdiction where the User and/or Applicant are domiciled.  Please note that any personal information provided to ICANN in connection with the Program will be transferred to and processed in the United States.  On his/her own behalf, and on behalf of the Applicant and each of its relevant personnel, the User hereby consents to these transfers, and is solely responsible for ensuring that the personal information provided to ICANN and its designees complies with the laws of the User’s and Applicant’s jurisdiction(s).

2. Personal Information Collection and Use

Application submission.  The Program application submission generally involves the collection and use of minimal personal information.  The types of personal information ICANN collects will be: name, postal address, telephone phone number, and email address.  This personal information is used to initially process and administer the Program application, including background checks of certain Applicant’s personnel.  This information will also be used by ICANN, its service providers, and agents to provide general support services and to process TLD applications for the Program.

Application administration: As part of the application process, ICANN may request certain personal information about the Applicant’s directors and officers, and other relevant personnel, such as full name, date of birth, city and country of primary residence and country of birth.  ICANN and its service providers use this information to conduct necessary background checks and other evaluations as part of the Program’s application process, in accordance with the requirements of the Applicant Guidebook Terms and Conditions located at http://newgtlds.icann.org/en/applicants/agb/terms.  This use is based on consent provided by agreeing to the TAS Terms of Use <http://newgtlds.icann.org/en/applicants/tas/terms> and the Applicant Guidebook Terms and Conditions <http://newgtlds.icann.org/en/applicants/agb/terms>. In certain circumstances, the results of initial background checks may require ICANN to request additional personal information to conclude necessary background checks or other Program application evaluations.

Support information.  ICANN receives personal information as part of general support queries, email, feedback, comment or other communications with our Customer Service Center or other ICANN staff regarding the Program.   ICANN may retain those communications in order to process inquiries, respond to requests and improve the TAS.  ICANN may include your personal information in publishing your comments or feedback on the ICANN website for the benefit of others or to comply with ICANN’s accountability and transparency principles located at http://www.icann.org/en/accountability/overview-en.htm and disclosure policies located at http://www.icann.org/en/transparency/didp-en.htm. ICANN may monitor or record your call or communication sessions with the Applicant Support Center for quality assurance and staff training purposes, or as a record of communication.

Sensitive personal information.  ICANN does not collect sensitive personal information (e.g. personal medical or health information, racial or ethnic origin, or political opinions, etc.) in connection with the Program.  You will be notified if such sensitive personal information is necessary in connection with the Program, such as to conduct further background checks.

In addition, when using the TAS, ICANN may collect the following types of non-identifying information:

Automatically logged information: The TAS automatically records information that the browser sends whenever the TAS is used.  This information may include information such as IP address, browser type, internet service provider (ISP), date/time stamp, page viewed, and other similar data. ICANN uses this information to administer the TAS, general web page analytics, track the use of TAS and to develop Program support.   This information is not linked to personally identifiable information.

Cookies: Cookies and other user tracking devices (e.g., local shared objects) may be stored on the User’s computer when using TAS. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. ICANN uses session ID cookies to confirm that a User is logged in. These cookies terminate once the User closes the browser. ICANN may also deploy persistent cookies to improve TAS, including by storing user preferences and tracking user trends. While most browsers are set to accept cookies and other tracking devices by default, Users are always free to decline cookies if the browser permits, but some parts of TAS may not work properly. The browser manufacturer has information on changing the default setting for that specific browser.  The User acknowledges the use of such tracking devices as noted in this Privacy Statement, and hereby consents to having such tracking devices stored on the User’s computer.

3. Sharing of Personal Information

ICANN will share personal information with Program evaluation panelists, contractors and other agents for the purpose of processing TLD applications on ICANN’s behalf, and providing other services for the Program. ICANN requires that these parties agree to handle this information in compliance with appropriate confidentiality obligations and security measures.

ICANN will provide personal information to third parties, government authorities and agencies as and when required to: (i) comply with applicable laws, regulations, legal process or enforceable governmental request; (ii) protect ICANN’s or a third party’s legal rights; (iii) receive contracted services or use of licensed products from third party providers; (iv) comply with any court order or legal proceeding; (v) comply with ICANN’s accountability and transparency principles and disclosure policy; (vi) detect, prevent or otherwise address fraud or other criminal activity or errors, security or technical issues; or (vii) protect against imminent harm to the rights, property or safety of ICANN, our users or the public as required or permitted by law.

ICANN will not sell or otherwise share any personal information with third parties for marketing purposes. ICANN will not provide any personal information to third parties for commercial services in relation to the Program unless the User and/or the relevant Applicant personnel have given specific permission or direction.

4.  Information Security and Integrity

ICANN will use industry standard safeguards, including firewalls, security patches and anti-virus programs to protect the confidentiality of personal information collected as part of the Program. When using TAS, personal information will be encrypted using secure socket layer technology (“SSL”).

Access to personal information is restricted to ICANN staff, contractors and agents who need to know this information to manage the Program activities on behalf of ICANN.  ICANN staff, contractors and agents will be bound by confidentiality obligations and, where appropriate, they may be subject to discipline, including termination and prosecution, if they breach these confidentiality obligations.

ICANN will take reasonable steps to ensure that personal information collected is relevant to its intended use and is complete.

ICANN’s Program website contain links to other third party websites which are subject to the respective privacy polices of those third parties. ICANN is not responsible for the privacy practices of such linked third party sites, and their owners and operators.

Due to the open communication nature of the Internet, ICANN cannot represent, warrant or guarantee that communications stored on ICANN servers will be free from unauthorized access by third parties, loss, misuse or alterations.   While ICANN will take reasonable and appropriate security measures noted above to protect against unauthorized access, disclosure, alteration or destruction of personal information received, ICANN DISCLAIMS ANY AND ALL LIABILITY FOR UNAUTHORIZED ACCESS OR USE OR COMPROMISE OF YOUR PERSONAL INFORMATION SUBMITTED THROUGH THE TAS.  USERS AND APPLICANTS ARE HEREBY ADVISED THAT THEY SUBMIT SUCH PERSONAL INFORMATION AT THEIR OWN RISK.

5. Accessing and Updating Personal Information

The User and other authorized Applicant personnel may view stored personal information in relation to the Applicant and User profile, or a TLD application by accessing the relevant information screens within the TAS. As submitted information is used in evaluation checks and processes, submitted information cannot be modified without contacting our Customer Service Center. ICANN will endeavor to respond to requests to access, correct or update any other personal information ICANN retain in connection with the Program. Requests may be sent by email to our Customer Service Center at newgtld@icann.org.

ICANN will retain personal information stored on our servers in accordance with our general archival practices.

6. Changes to this Privacy Statement

Please note that ICANN may revise this Privacy Statement from time to time throughout the Program.  ICANN will post any Privacy Statement changes on the Program’s website. If the changes are material, ICANN may also provide notification via email according to the registered TAS log-in email for the Applicant.  The Applicant’s continued participation in the Program application process, including the User’s use of TAS, after such change will be deemed acceptance by the User and the Applicant of the revised Privacy Statement.

7. Questions or Contacting ICANN

If you have any questions about this Privacy Statement, please feel free to contact ICANN at newgtld@icann.org.