Privacy Policy | encoord

Privacy Notice

Last Updated On 21-Jan-2025

If you are a resident of the European Union, United Kingdom, or Switzerland, this Privacy Notice does not apply to you, please review our EU Privacy Notice, which can be found here.

1. Overview

This privacy notice (“Privacy Notice”) describes how encoord Inc. (“encoord”, “we”, “our”, or “us”): (a) collects, uses, retains, shares, or otherwise processes your data (“process” or “processes”); and (b) describes your rights regarding your personal data (as defined below) and how to exercise those rights. Please read this Privacy Notice carefully to understand our policies and practices regarding your data and how we will treat it. Wherever appropriate in this Privacy Notice, a singular term shall be construed to mean the plural where necessary, and a plural term the singular.

This Privacy Notice may be modified from time to time. The date this Privacy Notice was “last updated” is at the top of this page. If we make a material change to this Privacy Notice, we will publish the updated Privacy Notice to: https://www.encoord.com/privacy-policy. We advise you to frequently check this Privacy Notice for any changes. We may also provide notice of such changes to you in other ways, at our discretion, such as placing a banner on the homepage of the Site. YOUR USE OF THE PLATFORM, AND CONTINUED USE OF THE PLATFORM FOLLOWING ANY CHANGES TO THIS PRIVACY NOTICE, SIGNIFIES YOU READ AND UNDERSTAND THE TERMS OF THIS PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY NOTICE, YOUR CHOICE IS TO NOT USE THE PLATFORM.

1.1 When This Privacy Notice Applies

This Privacy Notice, in addition to when you interact with any digital asset where this Privacy Notice is referenced as applicable or is linked, applies to the data we collect from or about you when you take the following actions:

visit or interact with any page on one of the websites we own or control, including https://www.encoord.com, https://forum.encoord.com, or https://docs.encoord.com/welcome/index.html (each, a “Site”);

interact with us online via email, through advertising, or if you participate in a contest, sweepstake, other promotion (collectively with the Sites , “Digital Assets”); or

interact with us offline via telephone or at an in-person event (collectively with the Digital Assets, “Interaction Channels”).

This Privacy Notice also applies when you purchase our products such as our energy modeling software or use or purchase our services such as technical consulting and data services (together with Interaction Channels, the “Platform”).

This Privacy Notice does not apply to your data if you:

are a resident of Europe Union, the United Kingdom, or Switzerland; or

if you interact with third-party digital assets that are linked to or accessible from the Digital Assets.

2 Type of Data Collected; Source of Data

3 How We Use Your Data

4 Who We Share Your Data With & The Purpose of Disclosure

5 How We Protect Your Data

6 Retention of Your Data

7 Your Choices About Your Data

8 Links to Other Third-Party Digital Assets

9 Children Under the Age of 18

10 International Visitors

11 How to Contact Us

2. Type of Data Collected; Source of Data

The types of data we collect about you depend on your interactions with us and on our Platform. In this section, we describe the categories of data we collect, organized by the sources of this data.

By interacting with the Platform, you grant us the right to use your data to enable us to provide the Platform to you, to improve the Platform, and other uses as stated in this Privacy Notice, in our Terms of Service, and in any ancillary agreements you may have entered with us related to our Platform. If you do not provide your data when requested, you may not be able to use our Platform or certain features of our Platform in whole or in part: (a) if that data is necessary to provide you with our Platform or such features or (b) if we are legally required to collect the requested data.

2.1 Data You Directly Provide to Us

We may collect the following types of data that you provide directly to us, such as by accessing or using the Platform:

Personal Data. Data by which you may be personally identified such as name, email address, or any other data that could be used to identify you or that associated with such identifiable data that could identify you (“personal data”).

Demographic Data. Data that is about you but that as an individual piece of data does not specifically identify you.

Communications Data. Data contained in your communications with us through our Platform, such as when you request additional information about our Platform, provide us with feedback, through forms on the Platform, or interact with our Customer Success team, including personal data used to contact you, the date and time of your communications, and the content of your communications.

Login Data. Data related to your account such as username and password. If you use a passkey, we do not have access to that data.

Transaction Data. Data related to the products and services you purchase from us.

2.2 Data Automatically Collected About You

To provide our Digital Assets, its functions, and other business-related purposes, as you navigate through and interact with our Digital Assets, we, our service providers, or other third parties may use Automatic Tracking Technologies (defined in the Cookie Policy), including the following types of data:

Device Data. Data when you interact with the Platform such as technical data about your device including your IP address; unique identifiers; device type; domain, browser type, version, and language; operating system and system settings; and similar device data.

Usage Data. Data about your visits to and usage of our Platform including usage details (i.e., date/time/duration on a given Digital Assets page), traffic data, general location and time zone based on your IP address, heat maps that show where your mouse is on a Digital Assets page, and navigation paths within the Digital Assets. This data may include links clicked, Digital Assets page views, searches, features used, items viewed, or time spent on the Digital Assets.

2.3. Data We Collect from Other Sources

We may receive data about you from other sources such as service providers who help us provide the Digital Assets or assist us with interacting you through the Platform and other third parties. These other sources we may receive data from include the following:

(a) Subsidiaries. Data in connection with a request you’ve made such as for a product or service.

(b) Service Providers. Data about you from our service providers to provide the Digital Assets or as otherwise disclosed in this Privacy Notice.

(c) Other Third Parties. Data about how you interact with our Platform, marketing campaigns, or events in which we and you participate. These third party’s privacy notices govern the collection and disclosure of your data by such third party.

3. How We Use Your Data

We, along with our service providers or other third parties, may use your data for the purposes described below. As part of these purposes, your data may be processed using Artificial Intelligence technologies (“AI”) including AI that generates images, text, audio, or video from user inputs (generative AI). We may use your data for the following purposes:

(a) Provide and Improve our Interaction Channels. To provide the Interaction Channels to you, including personalizing the content, and features that match your activities, preferences, and settings on the Interaction Channels and to monitor and analyze trends, usage, and activities in connection with Interaction Channels.

(b) Provide and Improve our Products or Services. To effectively deliver the products or services your request as well as to, administer, present, support, maintain, and improve our products or services.

(c) Communicate with You. To communicate with you, including when you request additional information from us, or when we contact you about your account such as reminders about your subscription renewal or a material change to our policies that affect you, or in connection with the Platform you have purchased from us.

(d) Advertise and Market to You. To send advertising or marketing communications about products, or services offered by us and others, and provide news and information that we believe may be of interest to you and to analyze and enhance our marketing communications and strategies. For information about managing your marketing preferences, see the Your Choices About Your Data section below.

(e) Provide Safety and Security. To detect and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, errors, negligence, violations of any applicable terms, security incidents, and harm to the rights, property, or safety of us and our users, customers, employees, or others.

(f) Troubleshoot. To identify and debug errors that impair the existing intended functionality of our Platform.

(g) Facilitate Corporate Transactions. In anticipation of or in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of encoord’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the data held by encoord is among the assets transferred.

(h) Obtain Your Consent. In accordance with: (i) the way we describe to you when you provide the data to us; (ii) your instruction or intentional direction; or (iii) any other way when you consent.

(i) Comply with Legal Obligations. To comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions.

4. Who We Share Your Data With & The Purpose of Disclosure

We may disclose data that we collect from you or that you provide as described in this Privacy Notice to the following categories and for the purposes set forth below:

(a) Subsidiaries. We may disclose your data to our subsidiaries, and other companies under common ownership or control with us for purposes consistent with this Privacy Notice.

(b) Service Providers. We disclose data to unaffiliated companies or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, software developers, information technology services, database management, direct mail and email distribution. These service providers may have access to data we collect from you to perform the specific services we request from them.

(c) Other Third Parties. We engage third parties to provide analytics services regarding the Platform such as assisting us estimate our audience size and our audience’s usage patterns by tracking certain data such as pages viewed, time spent on pages, links clicked, and conversion data through Automatic Tracking technologies.

(d) Corporate Transaction. Your data may be disclosed or transferred in anticipation of or in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of encoord’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which data held by encoord is among the assets transferred.

(e) Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including an enforceable request from authorities), to respond to claims (including inquiries by you in connection with your purchases from us), enforce or apply our other policies, or to protect the rights, property, or personal safety of us, our users, employees, or others.

(f) Professional Advisors. We may disclose your data to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

(g) Your Consent or at Your Direction. We disclose data, to third parties when we have your consent or direction to do so. We may also disclose your data to third parties, such as when you expressly direct us to do so or when you use our products or services to intentionally interact with third parties. In these cases, we disclose your data to carry out your request.

(h) Aggregated, Anonymized or De-identified Data. We may also disclose aggregated, anonymized, or de-identified data, which cannot reasonably be used to identify you, without restriction. We process, this data only in a de-identified fashion and will not attempt to re-identify such data, except as permitted by law.

5. How We Protect Your Data

We have implemented measures designed to secure your data from accidental loss and unauthorized access, use, alteration, and disclosure.

The safety and security of your data also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. Do not share your password with anyone.

Unfortunately, the transmission of data via the Internet is not completely secure. Although we use reasonable efforts to protect your data, we cannot guarantee the security of your data transmitted to our Platform. Any transmission of data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained in the Platform.

6. Retention of Your Data

We may retain your data for as long as we need it to provide you with the Platform. If you ask us to delete your data, or if you have an account with us, and you delete your account then the data associated with that account, there may be some latency in deleting this data from our servers and back-up storage and some data may not be completely removed from our logs and other records. In addition, we may retain this data if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

When we process personal data, we determine the retention period taking into account various criteria, such as the type of Platform provided to you, the nature and length of our relationship with you, the impact on our Platform we provide to you if we delete some data from or about you, and mandatory retention periods provided by law.

7. Your Choices About Your Data

We strive to provide you with choices regarding the personal data you provide to us. Below are options for your personal data.

7.1 Accessing and Correcting Your Data

If you have an account with us, you may be able to access and correct some of your data through your profile settings. If you need assistance accessing or correcting your data, please contact us at the email in the How to Contact Us section below and we will try to assist you.

7.2 Automatic Tracking Technologies

You can set your browser to refuse all or some Automatic Tracking Technologies or to alert you when certain Automatic Tracking Technologies are being sent. If you disable or refuse cookies, please note that some parts of the Platform may then be inaccessible or not function properly.

The Platform also uses Google Analytics, which uses cookies or other Automatic Tracking Technologies to help us analyze how users interact with and use the Platform, compile reports on activity, and provide other services related to activity and usage. [ES2] Google Analytics may collect information such as your IP address, time of visit, whether you are a return visitor, and referring website. To learn more about how Google Analytics collects and processes data you may visit http://www.google.com/policies/privacy/partners.

7.3 Our Email Marketing to You

If you do not wish to receive our marketing emails, you may unsubscribe by following the unsubscribe instructions at the bottom of the email or by contacting us through the contact information in the How to Contact Us section at the bottom of this Privacy Notice. After you unsubscribe, however, you may continue to receive product or service-related and other non-marketing emails. If you have provided more than one email address to us, you may continue to be contacted unless you request to unsubscribe each email address you have provided.

7.4 Do Not Track Signals

Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked.

Please note that we do not recognize or respond to any signal which your browser might transmit through the DNT feature your browser might have. If you wish to disable cookies on our Digital Assets, you should not rely on any “DNT” feature your browser might have.

8. Links to Other Third-Party Digital Assets

We may provide links to digital assets such as websites, applications of services that we do not own or operate (“third-party digital assets”). Those links are provided for your convenience. If you follow the link and visit those third-party digital assets, they too may collect data about you. We do not own or control any third-party digital assets, and we are not responsible for the practices employed by third-party digital assets linked to or from our Digital Assets. We recommend that you review the privacy notices of other third-party digital assets before authorizing third-party access to your data.

9. Children Under the Age of 18

Our Platform is not directed at or intended for children under 18 years of age. No one under the age of 18 may provide any data to or on the Platform. We do not knowingly collect data from children under 18. If you are under 18, do not use or provide any data on the Digital Asset or on or through any of its features/register or in connection with the Platform. If we learn we have collected or received data from a child under 18 without verification of parental consent, we will delete that data. If you believe we might have any data from or about a child under 18, please contact us through the data at the How to Contact Us section below.

10. International Visitors

encoord, Inc. is based in the United States. When we obtain data about you, we may process such data outside of the country in which you reside, including in the United States. By using the Platform, you consent to the transfer to and processing of your data in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.