- Through our website and any other websites owned or controlled by us, including, but not limited to www.infrasightsoftware.com, www.infrasightsc.com and infraview.app (collectively, the “Websites”);
- Through any software, applications, technologies, products, services, or features made available by us, including our INFRAMETERTM software (collectively, the “Software”);
- When you communicate with us in any way including by calling or emailing our customer service department, connecting with us on social media, posting to our social media pages, tagging us in your social media posts, and/or creating an on-line account (collectively, “Communications”); and
- When you respond to our advertisements or participate in any survey, contest, promotion, or any other engagement opportunity initiated by us (collectively, “Participation Opportunities”).
2. Collection of Personal Information and Other Information.
“Personal Information” means data that identifies an individual or relates to an identifiable individual. We collect Personal Information through various Activities and Interactions. In conducting our business, we may collect Personal Information. We also may collect Personal Information when you use, visit, or participate in the Activities and Interactions. Such information may include, without limitation: your first, middle and last name; home and mailing addresses; email addresses; organization name (if applicable) telephone numbers; date of birth; credit or debit card number or other payment method; billing information; location information; and other types of Personal Information that you choose to provide to us or that we may obtain about you.
We collect Personal Information in a variety of ways:
2.1. Activities and Interactions.
We collect Personal Information at various places and through various mechanisms when you use, visit, or participate in the Activities and Interactions. This may include, for example, when you: transact business with us; use, purchase, obtain, or consider our Software; request information or materials from us; enter promotions, sweepstakes or contests offered by us; make payments to us for our Software; visit the Websites; use the Software; or engage in any Communications or Participation Opportunities.
2.2. Customer Care Centers.
We collect Personal Information when you communicate with us in any way including by email, Slack, Zendesk, fax, or via online chat services or when you contact customer service.
2.3. Social Media.
If you choose to participate in sponsored social media activities or offerings, we may collect certain information from your social media account consistent with your settings within the social media service, such as location, check-ins, activities, interests, photos, status updates and friend list. We may also allow you to enter contests to provide photos, which you may share with your connections on social media for votes, shared offers or other promotions.
2.4. Application for Employment.
If you choose to apply online for employment with us, we collect Personal Information about you to assess your suitability for employment. When you apply for employment with us, we also collect additional Personal Information such as, without limitation: your maiden name; alias; marital status; place of birth; former home addresses; employment history; current and former employer names and addresses; state/governmental identification number; tax and withholding information; social security number; emergency contact information; and other types of information that you choose to provide to us or that we may obtain about you.
3. Collection of Other Information.
“Other Information” is data that does not directly identify you. Such information may include, without limitation, data and information that is: aggregated (that is, relates to a group of individuals) by us or a third party, not linked to Personal Information, the type of computer or device you use, the operating system you use (e.g., Microsoft Windows, Linux, MacOS, iPadOS, or Google Chrome), the type of browser you use (e.g., Firefox, Chrome, Microsoft Edge, or Safari), your activities while visiting or using the Websites and Software and the content you access or view, the time of your visit to or use of the Websites or Software, and the pages you visit and the time spent on the pages.
We collect Other Information in a variety of ways:
3.1. Your Browser or Device.
We collect certain data through your browser or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows, Linux, MacOS, or iPadOS), screen resolution, operating system name and version, device manufacturer and model, language, clickstream data, internet protocol (“IP”) addresses; and internet browser type you are using. We may also collect certain information about other software running on your browser or device for anti-fraud and malware prevention purposes (but will not collect any content from such software). We use this data to ensure that the Websites and Software function properly, to calculate usage levels, to analyze trends, to diagnose server problems, to see how users move around the Websites, to gather demographic information about our user base, and to administer the Websites and Software.
3.2. Your Use of the Software.
We collect certain data when you use our Software, such as usage data, performance data, runtime data, the date and time of access and what data and files have been accessed or downloaded, and other technical data. This helps us understand trends in usage of the Software so that we can improve and deliver better and more personalized Software. Your license agreement with InfraSight may set forth further limitations and/or ownership rights related to such usage data.
3.3. InfraMeter, 3rd Party OTLP, and Financial Data.
We collect certain data when you use our proprietary InfraMeter software, transmit 3rd Party OTLP data, or financial data, such as data relating to your consumption of computing resources, associated costs, and/or pricing in collections of machines, and other utilization and/or performance metrics or technical data. This data helps us provide the Software and related services to you pursuant to your applicable license agreement with us. Your license agreement with InfraSight may set forth further limitations and/or ownership rights related to such data.
3.4. Collection Technology.
We use the information collected through Collection Technology for security purposes, to facilitate navigation, to display data more effectively, to personalize your experience while using the Websites and Software and to recognize your computer to assist your use of the Websites and Software. We also gather statistical data to continually improve design and functionality, understand how the Websites and Software are used and assist us with resolving questions. Collection Technology further allows us to select which advertisements or offers are most likely to appeal to you and display them while you are using the Websites or Software or to send marketing emails. We also use Collection Technology to track responses to online advertisements and marketing emails.
If you want to remove or block Collection Technology from your device at any time, you can update your browser settings (consult your browser’s “help” menu to learn how to remove or block cookies). You can find good and simple instructions on how to manage Collection Technology on the different types of web browsers at www.allaboutcookies.org. At this time, we do not respond to browser Do Not Track signals or other “opt out” setting or feature that may be offered by your browser.
4. How We Use and Share Personal Information and Other Information.
We may use your Personal Information and Other Information to: (i) provide you with the Software or process transactions that you have requested; (ii) carry out the purposes for which you provided the information; (iii) improve our Websites and Software; (iv) process any applications, forms, requests, inquiries, or other information you submit through the Websites or Software or any other Communications; (v) manage our contractual relationship with you, including verification of your identity; (vi) administer and process payments; (vii) attend to tasks relating to your transactions with us; (vii) provide customer service; (viii) personalize the Software according to your personal preferences; (ix) update account information; (x) inform you of events, programs, products or services that may be of interest to you; (xi) customize the content or functionality of Websites or Software to your preferences; (xii) respond to your Communications; (xiii) communicate with you about the Websites, our Software and/or other activities related to the Websites or Software; (xiv) conduct data analysis, audits, security and fraud monitoring and prevention; (xv) develop new goods and Software; (xvi) enhance, improve or modify our Software; (xvii) identifying usage trends; (xviii) determining the effectiveness of our promotional campaigns; (xix) operate and expand our business activities; (xx) investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities; and (xxi) comply with any applicable law, regulation, legal process, or governmental request.
We may use Personal Information we have collected and aggregated, or anonymized Personal Information received from third parties, to understand more about our users (for example, we may use aggregated information to calculate the percentage of our users who have a particular telephone area code). This includes demographic data, inferred commercial interests, and other information we may collect from you or from third parties.
We do not, and will not, sell any of your Personal Information to any third parties.
4.1. Disclosures to Third-Party Service Providers.
We may provide your Personal Information and Other Information to third parties who perform work on our behalf or work with us including, without limitation, third-party service providers, agents, vendors, payment processors, consultants, and attorneys (“Service Providers”). These Service Providers may use your Personal Information to help us administer the Websites and Software, our business, including, but not limited to, assistance in administering and processing payments and orders, maintaining databases, assisting with billing, providing credit, complying with governmental or quasi-governmental reporting, collection services, providing customer service, or communicating with you about offers, events, promotions, sweepstakes or surveys. We may also share your Personal Information with Service Providers to provide general functions on our behalf relating to the Software. Generally, our Service Providers are contractually obligated to protect your Personal Information and may not otherwise use or share your Personal Information, except as may be required by law.
4.2. Disclosures Under Special Circumstances.
We may provide your Personal Information and Other Information in response to or to cooperate with law enforcement, government, quasi-governmental and public agency requests or reporting requirements; subpoenas, court orders or other legal requirements; to respond to your requests for customer service or other information; to establish or exercise our legal rights or defend against legal claims; to enforce our terms and conditions; or to protect our safety property or the safety and property of others. We also may provide information about you if we believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required or permitted by law.
4.3. Major Transactions.
We reserve the right to transfer any and all information, including, without limitation, Personal Information, to any of our affiliates or a third party or successor in the event of any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations (including, without limitation, in connection with bankruptcy or any similar proceedings).
5. Linking to Other Sites.
Our Websites or Software may contain third-party links, include third-party integrations, or offer a co-branded or third-party-branded service (collectively, “Other Links and Sites”). Through these Other Links and Sites, you may be providing information (including Personal Information and Other Information) directly to the third party (which may include certain Service Providers), us, or both. Because these Other Links and Sites may not be hosted or controlled by us, we are not responsible for the privacy practices of those Other Links and Sites or the content provided thereon. Collection Technology also may be used by some of those Other Links and Sites. Therefore, the privacy policies with respect to these areas may differ from those applicable to our Websites and Software and we encourage you to review the privacy policies of each of those Other Links and Sites.
6. Social Media Features.
Our Websites and Software may use social media features, such as the Facebook “Like” button and other widgets (“Social Media Features”). These Social Media Features may collect your IP address and which page you are visiting on the Website and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on our Websites or our Software to a profile page of yours or ours that is provided by a third-party social media network to share with others within your network. Social Media Features are either hosted by a third-party or hosted directly on our Websites. Your interactions with these features are governed by the privacy statement of the company providing the relevant Social Media Features.
7. Storage and Protection of Personal Information and Other Information.
We store Personal Information and Other Information in the United States using reasonable physical, technical, and administrative safeguards. Please be aware that the Websites, Software, and data storage are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. We cannot ensure or warrant the security of any information you transmit to us over the internet. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Software, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
The Websites and Software are not designed to solicit information from individuals under the age of 16. We do not knowingly collect or store any Personal Information from anyone under the age of 16. If we become aware that we have collected or stored Personal Information from an individual under age 16, we will remove his or her Personal Information from our files. If you are a parent or guardian and believe we may have inadvertently collected Personal Information from your child, please notify us immediately by sending an email to email@example.com.
9. Marketing Communications.
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by contacting us by email at firstname.lastname@example.org or by following the instructions in any such email you receive from us. We will try to comply with your request as soon as reasonably practicable. If you opt out of receiving marketing emails from us, we may still send you important administrative messages, from which you cannot opt out.
10. Your Personal Information Rights.
We would like to make sure you are fully aware of your data protection rights. You are entitled to the following:
- You have the right to request copies of the Personal Information we hold about you.
- You have the right to request that we correct any Personal Information that you believe is inaccurate.
- You have the right to request that we complete any Personal Information that you believe is incomplete.
- You have the right to request that we erase your Personal Information.
- You may have the right to request that we restrict data processing of your Personal Information under certain circumstances. INFRASIGHT will evaluate your right to such restriction of data processing of your Personal Information.
- You may have the right to request that we transfer the Personal Information we have collected to another organization, under certain conditions. INFRASIGHT will evaluate your right to request such transfer of your Personal Information.
When submitting any request, please identify your request and provide your full name, address, telephone number, email address, account number, date of last service, cost of last service, service address, and IP address(es). Within 10 days of our receipt of your request, we will provide a response that includes information about our process to verify your identity, except in instances where we have already granted or denied a request. We may charge a small service fee for completion of any granted requests.
12. Contact Us.
13. Privacy Rights of California Residents.
13.1. Sale or Sharing of Personal Information.
We do not, and will not, sell Personal Information to any third-party. We also do not, and will not, share any Personal Information with third-parties for the third-parties’ marketing purposes.
13.2. Our Personal Information Collection and Use Practice.
We collect Personal Information when a California consumer uses, visits or participates in the Activities and Interactions. The categories of Personal Information we collect are described below with reference to the statutory categories of Personal Information specified in the CCPA (California Civil Code section 1798.140):
- Identifiers, such as name, email address, birthday, postal address, phone number, username, password, IP address, and other online identifiers.
- Protected characteristics, such as age and gender.
- Sensory information, such as profile photos.
- California customer records (as defined in California Civil Code § 1798.80), such as contact details and communications we collect through our support channels, marketing webpages, social media, at our events, and connected with our other marketing activities.
- Commercial information, such as billing and transaction information and purchase history.
- Internet or network activity information, such as information generated from interactions with our online services, such as data collected through server logs and cookies and similar technologies.
- Geolocation, such as your city or other general location.
- Professional, educational, or employment-related information, such as current or prior organizational or educational affiliation, job title, information about your role, and work-related contact details.
- Inferences that we derive from the preceding or other information we collect.
13.3. Privacy Rights.
Consumers may request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information we collected.
- The categories of sources from which we collected the Personal Information.
- The business or commercial purpose for collecting and/or selling Personal Information.
- The categories of third parties with whom we shared Personal Information.
- The categories of Personal Information that we sold or disclosed for a business purpose.
- You may request a copy of the Personal Information that we have collected about you during the past 12 months.
- You can ask us to delete the Personal Information that we have collected from you.
13.4. How to Exercise Your Rights.
To submit requests to exercise your privacy rights as described in Section 13.3, please email us at email@example.com. When submitting such request, you must provide your full name, address, phone number, email address, and any other information reasonably requested by us. We will use such information to attempt to verify your identity by comparing the information provided to the information collected and/or maintained by us.
13.5. Right to Not Be Discriminated Against.
13.6. Individuals with Disabilities.
13.7. California Shine the Light Law.
In addition to these rights, pursuant to California’s “Shine the Light” law, California consumers who share Personal Information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. If you would like to exercise this right, please contact us at firstname.lastname@example.org.