Privacy Policy

Ndustrial Website and Platform Privacy Policy

Updated April 30, 2024

Introduction

We respect your privacy and are committed to protecting it through our compliance with this Policy. This Policy describes the types of information we may collect from you or that you may provide when you use our products or services, or otherwise interact with us including when you visit the website www.ndustrial.io, www.ndustrial.net, support.ndustrial.io, and www.coincidentpeak.com (our “Website”) or when you use our products and platforms that we make available to you to use or access as an approved customer or end user, including Nsight, Contxt, the Ndustrial API, and any components or features therein and any additional products or services provided by us (our “Application”), and our practices for collecting, using, maintaining, protecting and disclosing that information. We refer to our Website (and any Website integrated Customer Relationship Management (CRM) System), products or services, and our Application cumulatively as our “Platform”.

This Policy applies to any information that we collect on the Platform, including any information in any emails, posts, texts and other electronic messages between you and the Platform and any information about you transferred to the Platform from other websites. This Policy also applies to (1) any information that we collect about you offline but that will be processed by automated means using our Platform, (2) any information that we collect about you when you contact our customer help desk or use our support services, and (3) any information that we collect about you when you mail us or e-mail, text or exchange other electronic messages with us or when you interact with messages you receive from us. This Policy does not apply to any information that we collect by any other means or from third parties, including offline collection.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you can choose not to use our Platform. Where we provide the Platform under contract or license with an organization (for example your employer) that organization controls the information processed by the Platform. This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Information We Collect About You and How We Collect It

Personal Information We Collect

We may collect several types of information from and about users of our Platform, including information by which you may be personally identified. All of this information is cumulatively referred to in this Policy as “Personal Information”. The Personal Information we collect on or through our Platform includes the following (as applicable): 

• Via the Website:
  • The IP Address or Mobile Device ID associated with your device and the operating system used by your device.
  • Communications and other personal or contact information you provide when interacting with our live chat or contact forms or otherwise through email. 
• Via the Application:
  • Identifiers, such as your name, email address, and telephone number (including mobile telephone number). 
  • Preferred geographic region for specifying language and number formatting within the Platform. 
  • Employment-related information, including the name of your employer.
  • Communication, usage, and product preferences related to the Platform. 
  • Traffic data and usage information, including information about your equipment, your IP Address, your operating system, your browser type, the searches you run and your browsing actions and patterns when you visit our Platform, including the referring and exit pages.

We may also collect the following types of information from and about you when you use our Platform, which we also consider to be “Personal Information” to the extent we maintain it in a form that is directly linked or linkable to you, personally:

• Internet or other electronic network activity information, such as your browsing history on our Website, search history and information regarding your interaction with our Platform (see section below titled “Technical Information”).
• Information about the types of plugins you own or use. 

We do not knowingly collect sensitive Personal Information about you, such as government-issued identifying numbers; financial account details; precise geolocation information; information about your racial or ethnic origin, religious or philosophical beliefs or union membership; the contents of your mail, email or text messages unless we are the intended recipient of the communication; genetic data; biometric information for the purpose of uniquely identifying you; information concerning your health; or information concerning your sex life or sexual orientation. In the unlikely event that we do ever collect any such sensitive Personal Information, we will use such information on a limited basis only (i) as necessary to perform services or provide goods reasonably expected by an average consumer who requests those goods or services; (ii) for purposes of helping to ensure security and integrity to the extent the use of such Personal Information is reasonably necessary and proportionate for these purposes; (iii) for short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that the Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside your current interaction with us; (iv) as a service provider to another business performing services on behalf of that business, including maintaining or servicing accounts, providing customer service, processing requests, verifying customer information, providing analytic services, providing storage, or providing similar services on behalf of the business; (v) for purposes of undertaking activities to verify or maintain the quality or safety or a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us; or (vi) as otherwise permitted by applicable law and regulations.

How We Collect Information

We primarily collect Personal Information directly from you when you register to use our Platform, use our Platform, post materials or interact with other users, correspond with us via postal mail, e-mail, text message or telephone, request further services from us (such as customer support services), or report a problem with our Platform.  

We will also retain records and copies of your correspondence (including email addresses), if you contact us. We also collect certain information automatically as you use our Platform or interact with the e-mails, text messages and other electronic messages we send to you (see section below titled “Technical Information”).  

Technical Information

We collect certain types of technical information provided by the browser of the computer, tablet or mobile device used by you when using our Platform, such as:

• Usage Details, IP Addresses and Browser Details. When you use our Platform, we collect technical information such as the identity of your Internet Protocol (IP) address or Mobile Device ID, your computer’s or device’s operating system and browser type, file information, time stamped logs regarding access times and duration of visits, and the pages of our Website that you visit. Most browsers automatically transmit this type of information to websites. We collect this information to administer and manage our Platform, to ensure that they function properly, and to obtain and review statistics and information related to our Platform (for example, verifying system and server integrity).
• Cookies. Our Website and Application use cookies, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code on the Platform. Cookies are small text files that are downloaded to the browser of a computer, tablet or smartphone used to visit a website. A cookie will identify your browser, help you log in and improve the navigation of a website. We use cookies to help improve the performance of our Platform. Cookies allow us to review the number of visitors to our Website and/or users of our Application and a visitor’s or user’s usage patterns; to track key performance indicators such as pages visited, frequency of visits, downloads and other statistical information; to identify whether an individual accesses our Website via a mobile device or desktop; to recognize if an individual is a return user of our Website; to store information about user’s visits; and to remember user’s preferences. To learn more about cookies, go to http://www.allaboutcookies.org/. Please see the section below titled “Choices About How We Use and Disclose Your Information” for information on how to disallow or manage cookies.

Third-Party Products and Parties

We may obtain Personal Information and other data from integrated third party applications, programs and/or devices that you may elect to use in connection with the Platform (“Programs”) or from third parties who offer products that can be used in connection with our Platform. You should review the third party privacy policies applicable to information transferred to us from Programs or from such third parties, since they may allow different or broader uses of that information than would be permitted by our privacy Policy. We may obtain Personal Information about you from your employer if you use our Platform as part of your employment pursuant to your employer’s subscription to our Platform. 

How We Use Your Information

Generally

We use information that we collect about you or that you provide to us, including any Personal Information, to provide our Platform and its contents to you, to provide you with information, products or services that you request from us and to fulfill any other purpose for which you provide the information including customer support, login authentication, and to verify accounts and activity. 

We also provide tailored communications based on your activity and interactions with us. We also send you communications as you onboard to a particular part of our Platform to help you become more proficient in using that Platform. These communications are part of the Platform and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings. For example, as part of our Text Message Alert Service (as described below), we provide you with informational text message communications as described below in the section titled “Text Message Alert Service.”

We also use information we collect about you to help maintain the safety, security, and integrity of our Platform, databases and other technology assets and our business.

We may create a profile about you reflecting your personal preferences, patterns and behavior. We may send you promotional newsletters or marketing material if you choose to receive such promotional information. 

We use collective learnings about how people use our Platform and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Platform.

We may also use your Personal Information to notify you about changes to our Platform or any products or services we offer or provide through it and to carry out our obligations. 

Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, billing and collection, and disclosures in connection with the acquisition, merger or sale of a business.

We may also use the information that you provide in any other way that we describe when you provide the information and for any other specific purpose with your consent.

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Platform you use and how you use it. This means we collect and use your information only where:

• We need it to provide you the Platform, including to operate the Platform, provide customer support and personalized features and to protect the safety and security of the Platform;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Platform and to protect our legal rights and interests;
• You give us consent to do so for a specific purpose; or
• We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Platform.

Tracking and “DO NOT TRACK”

Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions. Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

We do not currently collect Personal Information about your online activities over time and across third-party sites for tracking purposes. However, other parties, including third-party advertisers, ad networks, ad servers, Internet providers and mobile device providers may use cookies, web beacons, or other embedded code or tracking technologies to collect Personal Information about your online activities over time and across third-party sites when you use our Website. We do not control these third parties’ tracking technologies or how they may be used. Our Website does not respond to any “do not track” signals sent by your computer, browser or mobile device, and if your computer, browser or mobile device sends a “do not track” signal to our Website, our Website will not treat you differently from users who do not send such signals.  For more information on how to disable certain third-party tracking technologies, please visit the Network Advertising Initiative’s Consumer Opt-Out page at https://thenai.org/opt-out/ and the Digital Advertising Alliance’s Consumer Assistance page at www.youradchoices.com/choices. 

Google Analytics

We use Google Analytics to track and analyze certain traffic and usage statistics regarding our customers’ use of our Platform, such as the number of visitors to our Platform, how visitors are navigating to our Platform, visitors’ general geographic region information, how long individuals are visiting our Website or using our Platform or any particular feature therein, and information about the equipment individuals are using to access our Platform, such as browser version and operating system. Google Analytics may use a Google Analytics cookie as part of this service, and we may share certain Personal Information with Google Analytics as part of this service. We use this traffic and usage information to gauge, internally, the effectiveness of our advertising efforts, obtain insights on customer engagement, and to make improvements to our Platform and our marketing and promotional efforts.

For more information, please review the following:

• Information about Google’s use of cookies: www.policies.google.com/technologies/types 
• Information about how Google uses information from sites or apps that use Google’s services: www.policies.google.com/technologies/partner-sites

You can opt out of our use of certain Google Analytics features by updating the “Ads Settings” in your browser (https://myadcenter.google.com/home) or mobile device (www.support.google.com/ads/answer/1660762#mob), by enabling the Google Analytics Opt-out Browser Add-on in your browser (https://tools.google.com/dlpage/gaoptout), or by visiting the Network Advertising Initiative’s Consumer Opt-Out page (www.optout.networkadvertising.org/). Because those opt-out and preference control pages are specific to the individual browser used to visit it, and because those pages are not operated by us, we are unable to perform the opt-outs on your behalf.

No Sales of Personal Information

We do not sell your Personal Information to third parties within the meaning of the California Consumer Privacy Act of 2018 and will not do so in the future without separately obtaining your prior express consent.  

Use and Disclosure of Aggregated or De-Identified Data

We may convert or combine some Personal Information of users into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may disclose any such de-identified or aggregated data without restriction (including traffic and usage data that does not identify you personally).

Disclosure of Your Information

We may share your Personal Information with third parties in the following circumstances: 

• We may disclose certain collected information, processed information or descriptive or predictive data to another user, website or third party. 
• We may disclose your Personal Information for any other purpose disclosed when the information is provided, and for any other purpose with your consent.

• We may disclose Personal Information to our subsidiaries and affiliates and to any contractors, service providers and other third parties who need to know such information to support our permitted uses of Personal Information or to provide services to us that support our hosting, maintenance, operation and promotion of our Website and our business and our permitted uses of Personal Information hereunder. For example, we may use a third-party cloud-hosting service provider (such as Amazon Web Services or Microsoft Azure) to store certain of your Personal Information securely, and we may use a third-party email marketing and text messaging, customer service providers, and other user engagement features. However, we will not disclose Personal Information to third parties for lead generation purposes. 
• We may disclose such Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger or a similar corporate transaction.
• Some of the information that we collect from cookies, web beacons or other embedded code relates to your personal use of the Platform and allows us to store information about your preferences, speed up your searches and recognize you when you return to our Platform. Other information that we collect from cookies, web beacons or other embedded code is not tied to your Personal Information and enables us to estimate our audience size and usage patterns. This traffic data may be shared with third parties without restriction.
• We may also disclose your Personal Information to comply with any court order, law or legal process, including to respond to any government or regulatory request and to enforce or apply our Terms of Use, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• If you register or access the Platform using an email address with a domain that is owned by your employer or organization, and such organization wishes to establish an account or site or otherwise subscribes to our Platform and requests that you are an authorized user under such account, certain information about you including your name, contact info, usage date, performance data, account information, content and use of your account may become accessible to that organization’s administrator and other Platform users sharing the same domain. If you are an administrator for a particular site or group of users within the Platform, we may share your information with current or past Platform users, for the purpose of facilitating Platform-related requests.

Third-Party Sites and Services

Our Platform may include links to blogs, social media and third-party websites. These third-party sites have their own privacy policies and terms of use and are not controlled by this Policy. You should carefully review any terms, conditions and policies of such third-party sites before visiting them or supplying them with any personal information. If you follow a link to any third-party site, any information you provide that site will be governed by its own terms of use and privacy policy and not this Policy.

We are not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including links to any third-party site from our Platform. We make no representations, express or implied, concerning the accuracy, privacy, safety, security, or the information practices of any third-party site. The inclusion of a link to a third-party site on our website does not constitute any type of endorsement of the linked site by us. We are not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.

Text Message Alert Program

As part of our Platform and energy monitoring and analysis service, we may provide an option for each of its users to participate in our SMS text message alert program (the “Text Alert Program”). You can sign up for the Text Alert Program by providing a mobile telephone number to us. We or our third-party service provider provides the Text Alert Program to send information about use of the Application, including, for example, text messages regarding energy consumption alerts or possible actions to reduce energy consumption. At this time, we do not use the Text Alert Program for marketing or promotional purposes. Further, we do not currently and will not use the Text Alert Program for lead generation. By participating in the Text Alert Program, you voluntarily authorize and direct us and our third-party service providers to send text messages using an automated system to your provided mobile telephone number. You are not required to use or subscribe to the Text Alert Program as a condition of using the Application or in order to benefit from other Application features that are unrelated to the Text Alert Program. Standard message and data rates may apply. Once enrolled in the Text Alert Program, you may opt out of the Text Alert Program (i.e., stop all text messages) at any time. With respect to any text message, you may reply STOP to end all messages, or you may opt out by emailing us at privacy@ndustrial.io. Please allow us a few days to process an opt-out request. We may revise, modify, or amend these Text Alert Program terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Website. Your continued consent to receive text messages will indicate your acceptance of those changes.

Choices About How We Use and Disclose Your Information

Generally

You have certain choices regarding the Personal Information you provide to us. You can set your browser to refuse all or some browser cookies. If you disable or refuse cookies, some parts of the Platform may then be inaccessible or not function properly.

If you do not wish to have your Personal Information used by us to contact you with promotional or informational content or messages, you may send us an e-mail stating your request to privacy@ndustrial.io or you can opt out by simply clicking on the “Unsubscribe” or similar link in the most recent e-mail you received from us and by following the prompts that appear. This opt-out does not apply to information provided as a result of a product purchase, product service experience or other transactions, nor does it apply to our disclosure to a third party that is acting on our behalf and under our instructions in support of our permitted uses of your Personal Information.

Please see the section above titled “Google Analytics” for additional choices you have regarding our use of your information.

Your California Privacy Rights

If you are a California resident, you may obtain certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@ndustrial.io.

Accessing and Correcting Your Information

You may send us an email at privacy@ndustrial.io or otherwise contact support at support.ndustrial.io to request access to, correct or delete any personal information that you have provided to us or otherwise review or change your personal information as part of your account. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Children Under the Age of 16

Our Platform is not intended for children under 16 years of age, and no one under age 16 may provide any information to this Platform. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Platform, make any purchases through this Platform, use any of the interactive or public comment features of this Platform or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will take steps to delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@ndustrial.io.

Users Outside of the United States

Our Platform is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Platform or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, please note that you are transferring your Personal Information outside your home jurisdiction, and that by providing your Personal Information you are consenting to the transfer of your Personal Information to the United States, and to our use and disclosure of your Personal Information in accordance with this policy. 

If you reside in the European Union, you have the right under the General Data Protection Regulation to request access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you may have similar rights under your local laws.

To request access to or rectification, portability or erasure of your personal data, or to delete your account, please contact us at privacy@ndustrial.io.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information that you provide to us is stored on our servers behind firewalls and certain Personal Information will be encrypted using secure socket layer (SSL) technology.

The safety and security of your information also depends on you. When we have given you (or when you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping that password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information over the Internet is not completely secure. Although we have implemented safeguards designed to protect your information, we cannot guarantee the security of your Personal Information transmitted to our Platform. Due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

If you use our server or data center Platform, responsibility for securing storage and access to the information you put into the Platform rests with you and not Ndustrial.io. We strongly recommend that server or data center users configure SSL to prevent interception of data transmitted over networks and to restrict access to the databases and other storage points used.

Many of our products are intended for use by organizations. Where the Platform is made available to you through an organization (e.g. your employer), that organization is the administrator of the Platform and is responsible for the accounts and/or Platform sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Platform is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.

Even if the Platform is not currently administered to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the Platform, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the Platform at a later date.

Retention of Personal Data

We retain your account information for as long as your account is active on the Application. For any personal data stored in other parts of the Platform, a controller of the system (e.g. CRM) retains and manages your account or profile information. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Platform. Where we retain information for Platform improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Platform, not to specifically analyze personal characteristics about you.

If the Platform is made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account.

Changes to Our Privacy Policy

We post any changes we make to our privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Platform home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and this privacy Policy to check for any changes.

If you disagree with any changes to this privacy policy, you will need to stop using the Platform and deactivate your account(s), as outlined above.

Contact Information

To ask questions or comment about this privacy Policy and our privacy practices, contact us at privacy@ndustrial.io.