Privacy Policy

Innergy, Inc. (“INNERGY”)

Introduction

This Privacy Policy (the “Policy”) of Innergy, Inc. (“INNERGY”) describes the INNERGY policies and practices regarding its collection and use of your personal data (“Personal Data”), and sets forth your privacy rights when you visit INNERGY’s website (“the Website”) or use INNERGY’s Site Manager Mobile Application (“the App”) (collectively, “the Services”). Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices as discussed in this Policy, your choice is to not use our Website.

This Policy applies to you when:

You visit INNERGY’s Website;
You provide INNERGY with your information for the provision of one of INNERGY’s Services;
You provide INNERGY with your details via the contact form on the Website or through social media platforms; and
When you sign up for the INNERGY newsletter or subscribe for INNERGY updates.

It does not apply to information collected by:

INNERGY offline or through any other means, including on any other website operated by INNERGY or by any third party (including our affiliates and subsidiaries); or
Any application or content (including advertising) that may link to or be accessible from or through the Website.

The Personal Data INNERGY collects depends on how you interact with INNERGY.
INNERGY recognizes that information privacy is an ongoing responsibility. As such, we will update this Policy from time to time as we undertake new Personal Data practices or adopt new privacy policies. At INNERGY, we believe that great privacy rests on great security. We implement administrative, technical, and physical measures to safeguard your Personal Data. These measures are tailored to the nature of the data and the processing involved, as well as the potential threats.

Please read this Policy carefully to (i) understand the circumstances in which this Policy may apply to your Personal Data, (ii) learn more about how INNERGY protects your Personal Data, and (iii) understand what privacy rights may be available to you under applicable data protection and privacy laws, such as the General Data Protection Regulation (“GDPR”) and Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). If you provide us or our service providers with any Personal Data relating to other individuals: (a) you represent that you have the authority to do so, and, where required, have obtained the necessary consent; and (b) you acknowledge that any such Personal Data may be used in accordance with this Policy.

If you do not agree with this Policy, do not access or use INNERGY products or services or interact with any other aspect of INNERGY business.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@innergy.com.

Residents of certain states or provinces under 13 years of age may have additional rights regarding the collection and sale of their personal information. Please see the Section regarding Data Subject Rights for more information.

How INNERGY collects your Personal Data

When you use the Services, purchase INNERGY’s products or other services, register for education, contact INNERGY (including by social media), participate in online surveys, or otherwise interact with INNERGY (all such activities, collectively, the “INNERGY Interactions”), we may collect a variety of information directly from you. Some of this information, such as usage details and IP addresses, may be automatically gathered through cookies.

Categories of Personal Data Typically Processed by INNERGY

Depending on the nature of your INNERGY Interactions, we may collect the following information from you:

Personal identifiers, such as your real name, alias, postal address, unique personal identifier, login information or user ID, online identifier (such as IP address), government-issued identifier, email address, phone number, account name, or other similar identifiers.
Site activity information, such as information about your activities, and the device you are using, when engaging in the INNERGY Interactions. This information includes device identifiers, device type, device operating system, and approximate or precise location data. If you are using our Dev Tools, Agent, or Launcher apps, we may also collect an inventory of installed apps on your device.
Professional information, such as your title and other professional contact information.
Company information, such as name, registration number, VAT number, contractual information, and photos and videos that you choose to take or upload during your INNERGY Interactions.
Registration data for the vehicle being used in conjunction with your INNERGY Interactions.
Location data (depending on your device and settings in the App), such as your approximate or precise location during INNERGY Interactions occurring during work hours while at your workplace. This information may constitute “sensitive personal information” under the California Privacy Rights Act (the “CPRA”).
Service and product purchase history.
Log data, including your IP address and browser type and the content of your communications with INNERGY. These communications may occur during your use of customer support, social media, or other communications channels.
Payment information, such as data about your billing address and method of payment (including bank details); credit, debit or other payment card information; and invoicing information.
Other user-generated content, such as in-app messages and document and file uploads, which you or your organization submits during INNERGY Interactions. Some of this content may constitute “sensitive personal information” under the CPRA.

You are not required to provide the Personal Data we have requested. However, if you choose not to do so,  in many cases we will not be able to provide you with INNERGY products or services or respond to requests you may have.

Lawful Bases and Purposes for Processing your Personal Data

INNERGY uses your Personal Data:

To present our Website and its contents to you;
To provide you with information, products, or services that you request from us;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To provide you with notices and communications; and
For any other purpose we may describe when you provide the information or for any purpose with your consent.

INNERGY does not use automated decision-making or profiling when processing your Personal Data. Automated decision-making refers to decisions made solely by automated means without human involvement, which can have significant effects on individuals.

Our Legal Bases for Using Your Information:

INNERGY uses your Personal Data only when we have a valid legal basis to do so. Depending on the circumstances and applicable laws and regulations, INNERGY may rely on your consent or the fact that the processing is necessary to fulfill a contract with you, protect your vital interests or those of other persons, or to comply with law. If permitted under applicable laws and regulations, we may also process your Personal Data where we believe it is in our or others’ legitimate interest to do so, taking into consideration your interests, rights, and expectations.

Consent. INNERGY may process your Personal Data if you have given us explicit consent to do so for a specific purpose. You have the right to withdraw your consent at any time.
Contractual Necessity. We process your Personal Data to fulfill our contractual obligations to you or to take steps at your request before entering into a contract.
Legal Obligation. We may process your Personal Data where we are legally required to do so, such as complying with applicable laws, regulations, governmental requests, or court orders.
Legitimate Interests. INNERGY processes your Personal Data to further our legitimate interests, provided that those interests are not overridden by your rights and interests. This includes improving our services, enhancing security, and conducting marketing activities.
Vital Interests. In rare cases, we may process your Personal Data to protect your vital interests or the vital interests of another person.

Personal Data Retained by INNERGY

INNERGY uses data hosting service providers in the United States and European Economic Area (EEA) to host the information we collect. Data security measures we implement include a wide range of security measures, such as encryption, authentication, access controls, network security measures (like firewalls), and secure coding practices. These measures help protect data both at rest (when it is stored) and in transit (when it is being sent or received).
While we implement robust safeguards to protect your information, no security system is completely infallible. Due to the inherent risks involved in transmitting data over the Internet and storing it on systems, we cannot guarantee that your data will be completely immune from unauthorized access or breaches.Information about you that INNERGY collects to engage in transactions with customers, suppliers, and business partners, and to process purchases of INNERGY products and services, will be retained for the duration of the transaction or services period, or longer as necessary for record retention and legal compliance purposes.

INNERGY will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When assessing retention periods, we first carefully examine whether it is necessary to retain the Personal Data collected and, if retention is required, work to retain the Personal Data for the shortest possible period permissible under law.

Personal Data are deleted after a reasonable time according to the following retention criteria:
We retain your Personal Data:

For as long as we have an ongoing relationship with you (in particular, if you have an account with us);
While your account is active or for as long as needed to provide products and services to you; and
For as long as needed in order to comply with our global legal and contractual obligations.

If permitted under applicable law, INNERGY may refuse a request to delete your Personal Data if INNERGY or its service providers need to retain it to:

Complete the transaction for which we collected the Personal Data;
Provide a requested product or service, take actions reasonably expected within the context of our ongoing business relationship with you, or fulfill our contract with you;
Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing or intended functionality;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that complies with applicable ethics and privacy laws, where deletion may render impossible or seriously impair the achievement of the research (if you previously provided informed consent);
Enable internal uses reasonably aligned with your expectations, based on your relationship with us;
Comply with a legal obligation; and
Make other internal and lawful uses of your Personal Data compatible with the context in which you provided it.

Sharing Data with Third Parties

As further discussed below, INNERGY shares Personal Data with third parties who act on our behalf, perform certain tasks, or otherwise support our business, provided that they are generally bound by contractual obligations to keep the Personal Data confidential and only use it for the purposes of providing the services for, or with, us based upon your INNERGY Interactions.

Service Providers.

INNERGY relies on third-party service providers to help provide the INNERGY products and services to you, such as payment processing services, payment gateways, fax and printing services, hosting services, cloud data storage services, SaaS-based integration platforms, co-location and infrastructure services, payment infrastructure platforms, ACH wire transaction facilitators, business intelligence software, big data analytics platforms, and event logging platforms.

Subprocessors.

INNERGY may share some of your Personal Data with subprocessors who we engage to assist us with providing products and services to you. Your Personal Data is shared with our subprocessors for the purpose of acting on INNERGY’s behalf, as specified in our contract with them, for the purpose of providing products and services to you.

Other Third Parties.

INNERGY may share your Personal Data with its subsidiaries, affiliates, agents, contractors, event sponsors, and other partners and individuals who perform functions on our behalf. We engage these other third parties to support our business and to collaborate with regard to certain functions, including analytics, advertising, email, and teleconferencing. INNERGY has engaged these service providers to provide us with services or to perform services on our behalf, based on our instructions. To the extent required under applicable laws and regulations, we use contractual and other means to provide a comparable level of protection while Personal Data is being stored, handled, and processed by our third-party service providers. INNERGY cannot control the privacy practices and data protection policies of third parties that are not subject to this Policy. When you submit personal information directly to such a third party, please read and refer to the privacy protection policy of the third party.

INNERGY may also disclose Personal Data:

With a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of INNERGY’s assets or business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
To enforce or apply our terms of use or terms of sale; or
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of INNERGY, our customers, or others.

Cookies

INNERGY uses cookies and cached data to improve performance and ensure positive user experience. Click here for a summary of the cookies INNERGY uses and how to manage them.

Personal Data Transfers

Your Personal Data collected by INNERGY is processed or accessed in the country or region where you use our products and services or in other countries or regions where INNERGY or its affiliates or subsidiaries have a presence. These jurisdictions have different data protection laws. In such circumstances, INNERGY will take measures to help ensure that data is processed as required by this Policy and applicable laws. INNERGY may transfer your Personal Data from the EU to a country or region which has not yet been acknowledged by the European Commission as having an adequate level of data protection. In the event of such a transfer, we may use a variety of legal mechanisms to help ensure that your Personal Data is processed as required by this Policy and applicable laws, such as including standard contractual clauses approved by the European Commission, obtaining your consent to the cross-border transfer, or implementing security measures like anonymizing Personal Data.

Data Subject Rights

If our processing of your Personal Data is subject to applicable data protection or privacy laws like the California Consumer Privacy Act, the GDPR, or other federal, state, or provincial privacy laws, you have specific rights concerning your Personal Data that we collect and process. When INNERGY functions as the data controller, you can directly contact us to exercise your privacy rights. However, if our role is solely that of a service provider and we process your Personal Data solely based on the instructions of our customer, then you must contact that customer to exercise your privacy rights. The customer will then inform INNERGY of any changes or corrections required for your Personal Data based on your request. We serve as the data controller when we determine which of your Personal Data to process and for what purpose.

Subject to applicable law, you may have various privacy rights concerning the information we process about you:

Right to withdraw consent: You have the right to withdraw your consent to the processing of your Personal Data at any time.
Right to object: You can object to the processing of your Personal Data based on legitimate interests or for direct marketing purposes.
Right of access: You can request access to your Personal Data and obtain information about the processing activities.
Right to rectification: You can request the correction or update of inaccurate or incomplete Personal Data.
Right to restrict processing: You have the right to restrict the processing of your Personal Data under certain circumstances.
Right to erasure: You can request the erasure of your Personal Data, subject to legal obligations or overriding legitimate grounds.
Right to data portability: You can request to receive your Personal Data in a structured, commonly used, and machine-readable format. We commit not to charge any fees for processing or responding to your requests. However, exceptions may apply if we deem a request to be excessive, repetitive, or manifestly unfounded. In such instances, we will explain our rationale and provide a cost estimate before proceeding with the request.
Right to lodge a complaint: You have the right to lodge a complaint with an applicable data protection authority regarding the processing of your Personal Data.
Right to opt out: You may opt out of certain Personal Data processing for targeted advertising, sales, or profiling.
Right to cease dissemination: Certain persons located in Canada may have the right to restrict the processing of your Personal Data or request that we cease disseminating your Personal Data under certain circumstances.
Right to re/de-indexation: Certain persons located in Canada may have the right to request that we (i) de-index any hyperlink attached to your name that provides access to information by a technological means if the dissemination is contrary to the law or a court order or in certain other circumstances prescribed by law; or (ii) or re-index a link providing access to information where prescribed by applicable law.

If you make a rights request, we may be required to respond to you within one month.

How can you exercise your privacy rights?

If you have any questions or comments regarding our privacy practices, you may contact us at:

500 W. 5^th Street, Suite 1100

Austin, Texas 78701

phone: 800.570.7230.

You may directly contact INNERGY’s designated privacy representative at the following email address:

e-mail: [privacy@Innergy.com]

Bear in mind that, in order to evaluate your privacy rights requests, we need to be sure it was you who made the request. Consequently, we might need some identification to verify that you are who you claim to be.

Upon receiving your request, we will acknowledge its receipt within ten (10) days. In our confirmation, we will outline our identity verification process (if necessary) and provide an estimated timeframe for response, unless the request has already been granted or denied. Please allow up to thirty (30) days for our response to your requests (excluding requests to stop selling your Personal Data) from the date of receipt. If additional time is required (up to a total of ninety (90) days), we will notify you in writing, explaining the reason for the extension. For account holders, our written response will be sent to the contact details associated with that account. For non-account holders, our response will be sent electronically, unless otherwise requested. In cases where a request cannot be fulfilled, we will provide the reasons for our decision in our response.

Data Security

INNERGY recognizes the importance of data security and shall implement and maintain appropriate technical and organizational security measures to ensure a level of security appropriate to the risk. These security measures may be subject to technical progress and development, and INNERGY may update or modify the security measures from time to time.

Any questions or concerns regarding the security measures should be directed to INNERGY using the contact details provided herein.

If you believe that our processing of your Personal Data violates the GDPR or other applicable laws, you have the right to lodge a complaint with a supervisory authority. The contact details of the supervisory authorities may be found here: https://www.edpb.europa.eu/about-edpb/about-edpb/members_en. Additionally, we would appreciate the opportunity to address your concerns directly. Please contact us using the contact details provided above.

Individuals based in Canada may lodge a privacy complaint with the Office of the Privacy Commissioner of Canada or applicable provincial privacy regulators. See https://www.priv.gc.ca/en/contact-the-opc/ for contact information.

Updates to this Privacy Policy

We recommend that you review this Policy regularly to stay informed about how we process your Personal Data. By continuing to use the Services after any updates, you acknowledge and accept the revised Policy. Updates will take effect immediately upon being posted on the Website.