Aircuity’s Privacy Policy

Last Revised and Effective as of September 19, 2018

Aircuity, Inc. (“Aircuity”, “we”, “our”, “us”) strives for transparency and takes very seriously the confidentiality of personal data provided by you.

This Privacy Policy sets out what information we collect about you and your use of our website www.aircuity.com and any subdomains thereof (“the website”), and our online platform at www.myaircuity.com (“the online platform”). Please read the following carefully to understand our views and practices regarding your personal information

 

  1. GENERAL INFORMATION

As referred to in this Privacy Policy, “personal data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

To the extent that the website and the online platform are available to individuals located in the European Economic Area (“EEA”) and the United Kingdom (“UK”), we are bound by and act in accordance with the General Data Protection Regulation (EU) 2016/679 (“the GDPR”). This Privacy Policy sets out how we will treat your personal data under the GDPR.

 

  1. THE PERSONAL DATA WE COLLECT

Personal data may include: (1) contact data (such as your name, company name, title, phone number, mailing and email addresses); (2) traffic data (such as your IP address, domain server, type of computer, type of web browser, search history and page view history).

 

  1. HOW WE COLLECT PERSONAL DATA

Aircuity may collect personal data in the following ways:

  • via the contact form on the website;
  • via subscription links on email marketing pieces, where you may subscribe to our newsletter and other mailings;
  • from third parties authorized to sell our products and services;
  • following your attendance at a trade show; and/or
  • via the online platform.

We will also collect your personal data directly from you, for example if you communicate with us by phone, email, post messages to any of our social media groups, forums, or otherwise complete online forms or surveys.

 

  1. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data to the extent that the applicable law allows us to do so. To the extent that we hold personal data relating to individuals living in the EEA and/or the UK, we will rely on one or more of the following legal bases for processing personal data under the GDPR:

  • where you have given us consent;
  • where the processing is necessary to perform a contract we have entered into or are about to enter into with you; and/or
  • where the processing is necessary for the purposes of our legitimate interests (or those of a third party) and your interests or fundamental rights and freedoms do not override those interests.

We will use your personal data:

  • to process any enquiry received from you, or respond to any expression of interest in our products or services;
  • to provide you with information on our products and services which we think may be of interest to you;
  • to provide you with our products and services, including providing you with ongoing support in relation to our products;
  • to make available to you and operate the online platform;
  • to notify you of any changes to our products and services or the terms on which we provide our products and services;
  • to notify you of any changes relating to the online platform;
  • to provide you with our invoices (if applicable), and for the purposes of account management;
  • to send you periodic notifications of our participation in local events, and invitations to attend regional events organized by Aircuity; and/or
  • to undertake surveys of our existing customers, so that our Innovation Department can use the data and make preferred product enhancements.

We will use traffic data to administer our website and for internal operations, including troubleshooting, data analysis, testing, statistical and survey purposes, and to improve our website and ensure that the content is presented in the most effective way for you and your computer.

 

  1. MANAGEMENT OF PERSONAL DATA BY AIRCUITY

5.1 Retention of personal data

We will only keep your personal data for as long as is necessary to fulfill the purposes for which we collected it. To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Personal data may be retained unless you request that we delete it (see section 6 below). Once we receive a data deletion request, we will undertake to delete all data within one week of receipt of the request.

5.2 Sharing your personal data with third parties

Aircuity will only share your personal data with a third party if:

  • you have given us your prior approval to share such information;
  • Aircuity must share such information with third parties (including our business partners, suppliers and sub-contractors) for the performance of any contract we enter into with you or with them which relates to you, the website, or the services which we provide to you;
  • Aircuity believes in good faith that it is required to do so in order to comply with an applicable statute, regulation, rule or law, subpoena, or search warrant or is required by a judicial authority or any other administrative authority to provide such information, or in order to comply with our other agreements, or to protect the rights, property or safety of Aircuity, our customers, or others;
  • There is a sale, merger or other transfer of all or substantially all of the assets of Aircuity, any of its corporate affiliates (as defined below), or any portion of the business of Aircuity or its corporate affiliates to which your personal data relates, provided that the third party agrees to adhere to the terms of this Privacy Policy;
  • We buy any business or assets, in which case we may disclose your personal data to the prospective seller of such business or assets, provided that the third party agrees to adhere to the terms of this Privacy Policy.
  • We discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy; and/or
  • The third party is a “corporate affiliate”, which for the purpose of this Privacy Policy, means any person or entity which directly or indirectly controls, is controlled by or is under common control with Aircuity, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise, provided that any information relating to you that we provide to our corporate affiliates will be treated by those corporate affiliates in accordance with the terms of this Privacy Policy.

In general, we may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the website. For example, we might inform third parties about the number of unique users who use the website, the demographic breakdown of our website users, or the products and/or services purchased using the website and the vendors of such products and services. If you opt in, we may also provide to third parties personally identifiable information. In addition to the above, when you use the website, third parties (including without limitation third-party analytics service providers) may directly collect personally identifiable and non-personally identifiable information about your online activities over time and across different websites. These third parties may include providers of products or services (including analytics service providers, vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, and other similar parties. Please note in particular that the website uses Google Analytics and Act-On for their data reporting and analytics features. Information collected by these companies includes but is not limited to web metrics. For information on how Google and Act-On use the data and how you might be able to opt out, please see their websites.

5.3 Data storage and security

All the personal data we collect is stored on servers located in the United States.

To the extent that we process personal data of individuals located in the EEA and/or the UK: by agreeing to this privacy policy you explicitly consent to us storing and (if applicable) transferring your personal data in and to the United States, such transfer being necessary in order that we can contact you and process your personal data for the purposes set out in section 4 above.

Aircuity has taken commercially reasonable efforts to put in place suitable precautions to safeguard the security and privacy of personal data, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorized third parties.

The transmission of information via the internet is not completely secure. There is also some risk that others could find a way to thwart our security systems. Any transmission of information by you is at your own risk. Once we have received your personal data, although we will use commercially reasonable technical and organizational measures to protect it against unauthorized or unlawful processing, and against accidental loss, destruction or damage, we cannot ensure or warrant the security or privacy of any information you transmit to us.

5.4 Public Areas

The website may feature various public areas (the “public areas”) where users can share information or where members can post questions for others to answer. These public areas are open to the public and should not be considered private. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.

Any information you share in a public area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any public area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot control or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a public area you can send us an e-mail to request that we remove it by contacting us at info@aircuity.com. You should understand that in some cases, we may not be able to remove your information.

Any information shared in the public areas of the website is available to the public, including to all users. Such information is not treated as confidential, can be used in any manner, and is not subject to this Privacy Policy. If you wish to keep any information private or proprietary, do not designate it as public. NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES.

 

  1. YOUR RIGHTS

All emails from us will provide a link to allow you to unsubscribe. Beyond unsubscribing, under applicable law, including the GDPR you may also be entitled to:

  • Request access to your personal data. This enables you to receive a copy of the personal data we hold about you.
  • Request that we correct the personal data we hold about it, if it is inaccurate or incomplete.
  • Request that we delete personal data which relates to you.
  • Object to the processing of your personal data, where we are relying on our legitimate interest (or those of a third party).
  • Request the restriction of processing of your personal data.
  • Request the transfer of your personal data to another party.
  • Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we handle your personal data, please let us know. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.
  • Withdraw your consent. If we are relying on your consent to process your personal data, you have the right to withdraw that consent at any time. Please note that, if you do withdraw your consent, you may not be able to benefit from our online platform or any of our other services.

Any updates, corrections, changes and deletions that you request will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably practicable.

If you want to exercise any of these rights you may contact us at any time via the following methods:

  • Complete our contact form on our website
  • Send an email to: mailto:info@aircuity.com
  • Write to: Aircuity Inc., 55 Chapel Street, Newton MA 02458, United States

 

  1. COOKIES

When you visit the website, a cookie may be automatically installed and temporarily saved in your computer’s memory or on its hard disk. “Cookies” are small text files that can be placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on the website. Cookies can be used to personalize your experience on the website (such as dynamically generating content on webpages specifically designed for you), to assist you in using the website (such as saving time by not having to re-enter your name each time you use the website), to allow us to statistically monitor how you are using the website to help us improve our offerings or to determine the popularity of certain content.

Non-EU visitors who have demonstrated interest in our products and information previously by interacting with marketing emails can be identified and their browsing history tracked. You can opt out of this by clicking the unsubscribe button on any of our emails or by emailing mailto:info@aircuity.com.

You can disable cookies in your web browser. However, this will disable all cookies used by your browser, including those from other websites, which may cause certain settings or information to be altered or lost.

In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to provide analytics services. In the course of providing analytics services, such third parties could place or recognize unique cookies on your browser. We use third-party service platforms to help us analyze how users use the website. These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable “third party” cookies, you may be able to turn them off by going to the third party’s website:

Here are links to the main third-party platforms we use:

https://www.google.com/policies/privacy/

https://www.act-on.com/privacy-policy/

https://www.surveymonkey.com/mp/legal/privacy-policy/

 

  1. Log Files.

We also collect information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the website and the online platform. This information may be used to analyze trends, to administer the website and the online platform, to monitor the use of the website and the online platform, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the website and the online platform and evaluating the website and the online platform in general.

 

  1. DO NOT TRACK

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.

 

  1. CHANGES TO OUR PRIVACY POLICY

Aircuity may make changes to its Privacy Policy at any time. We will post any changes on the website and, if appropriate, you will be notified if and when this occurs. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes.

 

  1. CONTACT

Any comments, questions are requests regarding this privacy policy and how we process your personal data can be sent to us in the following ways:

  • Complete our contact form on our website
  • Send an email to: mailto:info@aircuity.com
  • Write to: Aircuity Inc., 55 Chapel Street, Newton MA 02458, United States