Purpose

This Privacy Policy describes how Acuicy Inc., (“Acuicy”, “we”, “us”, or “our”)  collects, uses, and discloses information associated with an identified or identifiable individual (referred to in this Privacy Policy as “Personal Data”) and what choices you have around this activity. If you have any questions, please don’t hesitate to contact us.

By using our Services (as defined below), you agree that your personal information will be handled as described in this Privacy Policy. Your use of our Services and any dispute over privacy, is subject to this Privacy Policy and our Customer Agreement, including their applicable terms governing limitations on damages and the resolution of disputes.

Personal Information We Collect

Acuicy will collect and receive information through operating the Services and Websites, and through other interactions with Acuicy. Such information will include Customer Data and other information and data (“Other Information”) in a variety of ways:

By using our Services (as defined below), you agree that your personal information will be handled as described in this Privacy Policy. Your use of our Services and any dispute over privacy, is subject to this Privacy Policy and our Customer Agreement, including their applicable terms governing limitations on damages and the resolution of disputes.

• Customer Data. Customers or individuals granted access to Acuicy by a Customer (“Authorized Users”) routinely submit Customer Data (such as operational data on company assets such as buildings, vehicles, industrial processes, energy and fuel use) to Acuicy when using the Services.
• Other Information. Acuicy also collects, generates and/or receives the following categories of Other Information:
• 1. Platform and account information: To create or update an Acuicy Platform account, you or our Customer (e.g. your employer) supply Acuicy with an email address, phone number, password, domain, and/or other account set up details.
  2. Communications with Acuicy. When you request information about our Services, sign up for a newsletter, request customer or technical support, or otherwise communicate with us, we may collect personal information from you such as name, email address, phone number, or mailing address.
  3. Usage information:
  4. • Services metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way that an Authorized User uses the Services. For example, Acuicy logs the Acuicy Platform, channels, people, features, content, and links you view or interact with, the types of files shared and what Third-Party Services are used (if any)
     • Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include your Internet Protocol (IP) address, the address of the web page you visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, and your language preferences.
     • Device information. Acuicy collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
     • Location information. We receive information from you, our Customers and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer (who is our Customer) or an IP address received from your browser or device to determine approximate location to assist with localization or for security purposes.
     • Error Logging information. Acuicy uses error logging tools on our Platform to gain a comprehensive understanding of how users engage with and behave within the Acuicy Platform. Such error logging tools are used to correct errors, ensure platform features are working as intended, provide customer support and improve the user experience.
  4. Cookie information: Acuicy uses a variety of cookies and similar technologies in our Websites and Services to help us collect Other Information. Our uses fall into the following general categories:
  5. • Authentication. If you're signed in to our Services, cookies help us show you the right information and personalize your experience.
     • Security. We use cookies to enable and support our security features, and to help us detect malicious activity.
     • Preferences, features and services. Cookies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms on our Sites more easily. They also provide you with features, insights, and customized content.​​
     • Marketing. We may use cookies to help us deliver marketing campaigns and track their performance (e.g., a user visited our Help Center and then made a purchase). Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies. Marketing cookies are limited to our Websites and are not used in our Services.
     • Performance, Analytics and Research. Cookies help us learn how well our Sites and Services perform. We also use cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our Sites and Services from different devices, such as your work computer or your mobile device. These cookies are limited to our Websites and are not used in our Services.
  5. Customer Service and Support. If you call or otherwise interact with Acuicy’s customer service and support, we may collect the information you provide to our representatives. In addition, we may record audio conferencing between you and our representatives for training and quality assurance purposes.
  6. Third-Party Services information: A Customer can choose to permit or restrict Third-Party Services for its Acuicy Platform and Acuicy can receive personal data from such Third-Party Services. Typically, Third-Party Services are software that integrate with our Services, and a Customer can permit its Authorized Users to enable and disable these integrations for its Acuicy Platform. Acuicy may also develop and offer Acuicy applications that connect the Services with a Third-Party Service. Once enabled, the provider of a Third-Party Service may share certain information with Acuicy. For example, if a cloud storage application you are using is enabled to permit files to be imported to a Acuicy Platform, we may receive the user name and email address of Authorized Users, along with additional information that the application makes available to Acuicy to facilitate the integration.  When a Third-Party Service is enabled, Acuicy is authorized to connect and access Other Information made available to Acuicy in accordance with our agreement with the provider of the Third-Party Service and any permission(s) granted by our Customer (including, by its Authorized User(s)). 
  7. Additional information provided to Acuicy: We also receive Other Information when submitted to our Websites or in other ways, such as responses or opinions you provide if you participate in a focus group, contest, activity or event, feedback you provide about our products or services, information you provide if you apply for a job with Acuicy, request support, interact with our social media accounts or otherwise communicate with Acuicy.
  8. Conferences, Trade Shows, and other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in Acuicy and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.
  9. Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
  10. Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities. 

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Acuicy Platform setup details, is not provided, we may be unable to provide the Services.

How We Use Your Information and the Legal Basis for Doing So

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services. If you are from a region that requires a legal basis for processing personal information (such as the European Union (EU) or the United Kingdom (UK)), our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. In general we rely on the following legal bases for our processing of personal information:

• To perform or carry out a contract – we may process personal information when necessary to enter or perform a contract for our Services that you requested.
• Compliance with legal obligations – we may process personal information when necessary to comply with legal obligations under applicable EU/UK or EU Member State law.
• Consent – we may process personal information when you have given us your consent to do so for a particular purpose. You have the right to withdraw your consent at any time by changing your settings (where available) or contacting us at privacy@acuicy.com.
• Legitimate Interests – we may process personal information where we have a legitimate interest in doing so as the controller. Before doing so, we consider the impact of our processing activities on your fundamental rights and freedoms and make a determination as to whether processing your personal information will not adversely impact these rights and freedoms.

The legal basis for using your personal information as follows:

To provide the Services or Information Requested:

• Providing Services on behalf of our customers, such as maintaining or servicing accounts, providing customer service, and verifying customer information;
• Managing your information and accounts;
• Processing your financial information to facilitate your use of the Services;
• Responding to questions, comments, and other requests;
• Providing access to certain areas, functionalities, and features of our Services; 
• Using vendors and service providers to assist us in providing our Services; and
• Answering requests for customer or technical support.

To provide the Services or Information Requested:

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in the Services;
• Developing new products and services;
• Improving, upgrading or enhancing our products and Services;
• Allowing you to register for events;
• Ensuring internal quality control;
• Answering requests for customer or technical support.
• Debugging to identify and repair errors with our Services; and,
• Conducting direct marketing, research and development (including marketing research), network and information security, and fraud prevention.

Legitimate Interests or Compliance with Legal Obligations:

We use account information and Usage information for the following legitimate interests or compliance with legal obligations:

• Authenticating and verifying an individuals identity, including requests to exercise your rights under this Privacy Policy;
• Carrying out activities that are required to comply with our legal obligations.
• Auditing related to interactions, transactions, and other compliance activities; and,
• Preventing and prosecuting potentially prohibited or illegal activities.

To perform or carry out a contract:

We use account information and Usage information necessary to perform or carry out a contract.

• Sharing personal information with third parties as needed to provide the Services; and,
  
• Enforcing our agreements.

Marketing Our Services: 

We use account information and Usage information necessary to perform or carry out a contract.

• To tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, webinars, social media, and “interest-based” or “personalized advertising.”
• Legal basis: generally your consent, which you may withdraw at any time. However, if we rely on our legitimate interests to market our services to you, you have the right to object to our processing of your personal information for marketing purposes.
• To send you promotional materials, including information about Acuicy’s events, webinars, and presentations.
• Legal basis: generally your consent, which you may withdraw at any time. However, if we rely on our legitimate interests to market our services to you, you have the right to object to our processing of your personal information for marketing purposes.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at privacy@acuicy.com.

De-identified and Aggregated Information Creation and Use:

We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified or aggregated trends, reports, or statistics, or other analyses. We may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. Where we use, disclose or process de-identified data (data that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device) we will maintain and use the information in de-identified form and not to attempt to re- identify the information, except in order to determine whether our deidentification processes are reasonable and adequate pursuant to applicable privacy laws.

The Legal basis for this use of De-identified and Aggregated Information Creation is our legitimate interests.

Other Purposes. Acuicy may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information.

Disclosures of Personal Information

Service Providers. We may share any personal information we collect about you with our third party service providers. The types of service providers to whom we entrust personal information generally include service providers for:

• the provision of the Services;
  
• the provision of information, products, and other services you have requested; 
• marketing and advertising; 
• payment processing; 
• customer service activities; 
• and the provision of IT and related services. 

Additionally we store your personal data with our third party service providers under the legal basis to provide Services and our legitimate interest to maintain security of the Services provided. 

Business Partners. We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services. Data shared with our business partners is conducted under the legal basis of consent to be contacted for the Services and/or to provide Services.

Products, APIs, and Software Development Kits. We may use third party products, APIs, and software development kits (“SDKs”) as part of the functionality of our Services. Products, APIs, and SDKs may allow third parties including advertising partners to collect your personal information to provide content that is more relevant to you. Data shared with products, APIs, and SDKs is conducted under the legal basis of performing our contract with you for the Services.  For more information about our use of products, APIs and SDKs, please contact us at privacy@acuicy.com.

Disclosures to Protect Us or Others. We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others’ rights, property, or safety; (iii) to collect amounts owed to us; (iv) when we believe disclosure is necessary or appropriate to prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (v) if we, in good faith, believe that disclosure is otherwise necessary or advisable. 

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

Your Privacy Choices and Rights

General. You may have the right to object to or opt out of certain uses of your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time by contacting us at privacy@acuicy.com.

Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email or email us at privacy@acuicy.com with the subject line “Opt-Out.” Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy).

Cookies and Personalized Advertising. You may stop or restrict the placement of Cookies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at thenai.org/opt-out, youronlinechoices.eu and aboutads.info/choices.

Please note you must separately opt out in each browser and on each device.“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that except as otherwise described in this Privacy Policy, we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Individual Privacy Rights in Personal Information

In accordance with applicable law, you may have the right to: 

• Access Personal Information; including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”);
  
• Request Restriction of, or Object to, our uses of your personal information;
• Request Correction or amendment of your personal information where it is inaccurate, untrue, incomplete.  In some cases, we may provide self service tools that enable you to update your personal information; 
• Request Deletion or Erasure of personal information, subject to certain exceptions prescribed by law;
• Withdraw your Consent to our processing of your personal information. 

If you would like to exercise any of these rights, please contact us at privacy@acuicy.com.
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We will process such requests in accordance with applicable laws. To protect your privacy, Acuicy will take steps to verify your identity before fulfilling your request.

Retention of Personal Information

We retain the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

International Data Transfers 

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from, or less protective than, the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

If we transfer personal information which originates in the European Economic Area (EAA), Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, we may use  the EU Standard Contractual Clauses and/or the UK International Data Transfer Addendum to support such transfer. 

For more information about the safeguards we use for international transfers of your personal information, please contact us at privacy@acuicy.com.

Children's Information

Acuicy does not allow use of our Services and Websites by anyone younger than 16 years old, to the extent prohibited by applicable law. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

Third Party Websites / Applications

Our Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Supervisory Authority

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

Acuicy Inc.
1300-1969 Upper Water Street
Halifax NS B3J 3R7
Canada
privacy@acuicy.com

Supplemental Notice For California Residents

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA,” as amended by the California Privacy Rights Act or “CPRA”.

California law requires that we detail the categories of personal information that we collect and disclose for certain “business purposes,” such as to service providers that assist us with securing our services or marketing our products, and to such other entities as described in earlier sections of Privacy Policy. In addition to the information provided above in the ‘Personal Information We Collect’ section, we collect the following categories of personal information from you, your employer, data analytics providers, data brokers, and Third-Party Services for our business purposes:
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• Identifiers/contact information;
  
• Commercial information;
• Internet or electronic network activity information;
• Financial information;
• Geolocation information;
• Professional or employment-related information;
• Audio and visual data;
• In limited circumstances where allowed by law, information that may be protected under California or United States law; and
• Inferences drawn from any of the above categories.

We collect this information for the business and commercial purposes described in the ‘How We Use your Information and our Legal Bases for Doing So’ section above. We share this information as described in the ‘How We Use your Information and our Legal Bases for Doing So’ section above. Acuicy does not sell (as such term is defined in the CCPA or otherwise) the personal information we collect (and will not sell it without providing a right to opt out). We may also share personal information (in the form of identifiers and internet activity information) with third party advertisers for purposes of targeting advertisements on non-Acuicy websites, applications, and services. In addition, we may allow third parties to collect personal information from our sites or services if those third parties are authorized service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal information, or if you use our sites or services to interact with third parties or direct us to disclose your personal information to third parties.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use, disclose, or may sell this information), to delete their personal information, to opt out of any “sales”, to know and opt out of sharing of personal information for delivering advertisements on non-Acuicy websites, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at privacy@acuicy.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents must submit proof of authorization.

If you would like to opt-out of sharing activity based on your cookie identifiers, turn on a Global Privacy Control in your web browser or browser extension. Please see the California Privacy Protection Agency’s website at https://oag.ca.gov/privacy/ccpa for more information on valid Global Privacy Controls. If you would like to opt-out of sharing activity based on other identifiers (like email address or phone number), contact us in accordance with the “Contact Us” section.For more information on Acuicy’s role and obligations under the CCPA, please visit Acuicy’s California Consumer Privacy Act (CCPA) FAQ.

Data Protection Authority

Subject to applicable law, you also have the right to (i) restrict Acuicy’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority. If you work or reside in a country that is a member of the European Union or that is in the EEA, you may find the contact details for your appropriate data protection authority on the following website. If you are a resident of the United Kingdom you may contact the UK supervisory authority, the Information Commissioner’s Office.