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Aclima Privacy Policy 

Last Updated August 2020

 

In order for Aclima to provide services and specifically the Aclima services outlined in the Terms of Service including but not limited to the websites, https://aclima.io and its family of websites and/or blogs and mobile applications of the websites owned or later acquired by Aclima (“Site(s)”), we may store, collect, and process various forms of information. This site in its entirety is owned by Aclima, Inc. and its subsidiaries doing business as “Aclima.” Aclima ("Aclima," "we" or "us") provides an online service. The terms "you" and "user" means all individuals and entities that access the Service.

This Privacy Policy also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information, and what information you provide that we will retain even if you decide to cease using the Service. Our Privacy Policy is not a contract, and it does not create any legal rights or obligations.

You should also read our Terms of Service which contains important information about the scope and nature of the Service, and the rules that apply to your use of our Service. All capitalized terms used in this Privacy Policy that are not defined in this Privacy Policy have the meanings given to them in the Terms of Service for Aclima.

Aclima delivers services to our Enterprise customers (“Enterprise Services”) and to consumer users who access our Site. In either case, your use of the Service indicates that you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy and the Aclima Terms of Service. If you do not consent to the use of your Personal Information as described in this Privacy Policy or do not agree to the Terms of Service, do not use our Site or the Service.

This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website and/or our mobile applications, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully.  If you do not agree with the terms of this privacy policy, please do not access the site. 

We reserve the right to make changes to this Privacy Policy at any time and for any reason.  We will alert you about any changes by updating the date of the “Last Updated” date of this Privacy Policy.  Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.  

This Privacy Policy describes how we use Personal Information (defined below) that we collect from you as part of you using our SIte or our Service. For EU users, please see our special provisions under the “Special Information for EU Users” section below. For California users, please see our special provisions under the “CALIFORNIA PRIVACY RIGHTS” section below.

 

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data 

Personally identifiable information, such as your name, email address, and telephone number, and demographic information, such as your age, geographic location and interests, that you voluntarily give to us or when you choose to participate in various activities related to the Site and Software, such as surveys, online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site or our Software.

 

Derivative or Mobile Device Data 

Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before or your location when accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country and other interactions with the application and other users via server log files, as well as any other information you choose to provide.

 

Data From Social Networks 

User information from social networking sites used for login, such as Google, Twitter or Facebook may include your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. If you are share content from our Sites or Services, data about you may likewise be shared with such social sharing services. 

 

Data From Surveys, Feedback or Questionnaires 

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

 

USE OF YOUR INFORMATION 

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Site or Software to: 

  • Compile anonymous statistical data and analysis for use internally or with third parties. 
  • Administer promotions or customer surveys.
  • Create, manage and/or contact you about your account.
  • Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site or Software.
  • Enable user-to-user communications.
  • Fulfill and manage purchases, orders, payments, and other transactions related to the Site or Software.
  • Monitor and analyze usage and trends to improve and/or customize your experience with the Site or Software.
  • Notify you of updates to the Site or Software.
  • Offer new products, services, mobile-enabled applications, and/or recommendations to you.
  • Perform other business activities as needed.
  • Request feedback and contact you about your use of the Sites. 
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • Send you a newsletter.
  • Assist law enforcement and respond to subpoena.

 

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:  

 

By Law or to Protect Rights 

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.  This includes exchanging information with other entities for fraud protection and credit risk reduction.

 

Third-Party Service Providers 

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.  

 

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

 

Interactions with Other Users 

If you interact with other users of the Site or Software, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs. 

 

Affiliates 

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

 

Business Partners 

We may share your information with our business partners to offer you certain products, services or promotions. 

 

Social Media Contacts and Social Sharing Features  

If you connect to the Site through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity with Aclima.  If you share content from our Sites with our social sharing features enabled on our portions of content on our Sites or Services, such sharing will be viewed and available to third parties. 

 

Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law. 

 

Sale or Bankruptcy 

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity.  If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party.  You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

 

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.  If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

 

TRACKING TECHNOLOGIES

Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Sites to help customize the Sites and improve your experience. When you access the Sites or our mobile application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Sites. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis. We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Sites to help customize the Sites and improve your experience. For more information on how we use cookies, please refer to our Cookie Policy posted on the Site, which is incorporated into this Privacy Policy. By using the Site, you agree to be bound by our Cookie Policy.

 

Internet-Based Advertising

Additionally, we may use third-party software to serve ads on the Sites, implement email marketing campaigns, and manage other interactive marketing initiatives.  This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.  

 

Website Analytics 

We may also partner with selected third-party vendors, such as Google Analytics, Mixpanel and others, to allow tracking technologies and remarketing services on the Site and any mobile applications we launch through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site and/or our mobile applications when available , determine the popularity of certain content and better understand online activity. By accessing the Sites or mobile applications, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. 

 

THIRD-PARTY WEBSITES

The Sites may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. 

 

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

 

POLICY FOR CHILDREN

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below. 

 

CONTROLS FOR DO-NOT-TRACK FEATURES 

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.  No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.  If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.  

 

OPTIONS REGARDING YOUR INFORMATION

Account Information

You may at any time terminate your account by:

  • Logging into your account settings and updating your account
  • Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to retain previous records, prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

 

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Sites.
  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly. 

 

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

 

If you are under 18 years of age, reside in California, and have a registered account with the Site [or our mobile application], you have the right to request removal of unwanted data that you publicly post on the Site [or our mobile application]. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the Site [or our mobile application], but please be aware that the data may not be completely or comprehensively removed from our systems.

 

CONTACT US

Aclima provides services to users throughout the world. If you use our services in the United States or in the European Union or elsewhere, Aclima, Inc. is the data controller, where such designation is relevant. The address for the data controller of the information you provide or that is collected by Aclima or its affiliates is below. If you have questions or comments about this Privacy Policy, please contact us at:


Aclima Inc.

Attention: Legal Department

10 Lombard Street, Suite 300

San Francisco CA 94111

privacy@aclima.io                    

 


 

SPECIAL INFORMATION FOR EU USERS ONLY

Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section summarizes Aclima’s grounds for processing personal information under the GDPR, and the rights of EU users as relates to Aclima’s handling of personal information. This section provides information as relates to EU users' rights, and Aclima's responsibilities, under this regulation.

EU User Rights

If you are an Aclima user in the EU, you have the following rights with respect to Aclima's handling of your personal information. To exercise these rights, please see below or submit your request at privacy@aclima.io.

Users outside the EU may also request explanation correction deletion or copies of their personal data by contacting us at privacy@aclima.io.

Explanation and copies of your data

You have the right to request an explanation of the information that Aclima has about you and how Aclima uses that information. You also have the right to receive a copy of the information that Aclima collects about you if collected on the basis of consent or because Aclima requires the information to provide the services that you request. 

Correction or Deletion

If Aclima has information about you that you believe is inaccurate, you have the right to request correction of your information. Users may request deletion of their accounts at any time. Users may request via Aclima's website at privacy@aclima.io. We may retain certain information about you as required by law and for legitimate business purposes permitted by law. Please see the “Data Retention & Deletion” section above for more information regarding Aclima's retention and deletion practices. 

Objections and Complaints

Users in the EU have the right to object to Aclima's processing of personal data, including for marketing purposes based on profiling and/or automated decision making. Aclima may continue to process your information notwithstanding the objection to the extent permitted under GDPR.  You may also submit questions, comments or complaints to Aclima directly at the address previously noted above. 

Grounds for Processing

The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, Aclima processes the information of EU users based on one or more of the grounds specified under the GDPR:

  •  The processing is necessary to provide the services and features you request: Aclima must collect and use certain information in order to provide its website and Services. This includes: User profile information that is necessary to establish and maintain your account, including to verify your identity and that of the Enterprise user account with which you may be connected; enable communications with you about the products you order from us, orders and accounts; and to enable you to make payments.  Usage information, which is necessary to maintain, optimize and enhance Aclima's services, including to determine, sometimes in combination with other information, incentives, etc. 
  • The processing is necessary to protect the vital interests of our users or of others: Aclima may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others. 
  • The processing is necessary for Aclima's legitimate interests: Aclima collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information: 
    • To prevent, detect and combat fraud in connection with the use of our Services.
    • To inform law enforcement officials regarding criminal acts or threats to public safety.
    • To provide customer support.
    • To optimize our service and develop new Services.
    • To aggregate, analyze, and interpret the data collected by the Aclima.
    • For research and analytical purposes.
    • For direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs.
    • To enforce Aclima's Terms of Service. 
  • The processing is necessary for the legitimate interests of other persons or parties: Aclima collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others. Aclima may also process personal information when necessary in regard to a substantial public interest, on the basis of applicable laws.
  • The processing is necessary to fulfill Aclima's legal obligations: Aclima may be subject to legal requirements in the jurisdictions in which it operates that would require us to collect, process, disclose, and retain your personal data. For example, Aclima is subject to laws and regulations in many cities and countries that require it to collect and retain information about the Aclima products, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. Aclima uses your information to comply with such laws to the extent they apply to your use of the Sites or Services.  Aclima may also share information with law enforcement, or requests by third parties pursuant to legal processes pursuant to its policies under Information Requests and Legal Guidelines. 

Consent

Aclima may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent. 

Aclima relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent. 

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that websites cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Aclima website wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Aclima website seeks before you first use the website, and your use of the website constitutes your consent.

You may opt-out of receiving promotional emails from Aclima at legal@aclima.io. You may also opt-out of receiving emails and other messages from Aclima by following the instructions in those messages. Please note that if you opt-out, we may still send you non-promotional messages, such as receipts for your rides or information about your account.