EU Privacy Policy

EU Privacy Notice

Last Updated On 21-Jan-2025

Contact Details

To ask questions or comment about this Privacy Notice and our practices in general, contact us at:

Physical Address: 5395 W. 25th Ave, Edgewater, CO 80214, USA

1. Overview

This EU privacy notice (“EU Privacy Notice”) describes how encoord Inc. (“encoord”, “we”, “our”, or “us”): (a) collects, uses, retains, shares, or otherwise performs any other action on European Union, United Kingdom, or Switzerland residents’ (“you” or “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. We reserve the right to change this privacy notice from time to time in accordance with applicable data protection regulations. Please check this website regularly for updates.

Wherever appropriate in this Privacy Notice, a singular term shall be construed to mean the plural where necessary, and a plural term the singular. As used herein, “Personal Data” means any operation which is performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation or any kind of disclosure or other use.

1.1 When This EU Privacy Notice Applies

This EU Privacy Notice, applies to the data we collect from or about you when you take the following actions:

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

(b) 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

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

This EU 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:

(a) are a resident of any other region other than the European Union, the United Kingdom, or Switzerland; or

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

2 Personal Data Processed; Sources of Personal Data; Legal Basis for Processing

3 Other Processing Purposes

4 Third Party Recipients of Personal Data

5 Cross-Border Transfers

6 Data Retention Period

7 Data Protection Rights

8 Contact

2. Personal Data Processed; Sources of Personal Data; Legal Basis for Processing

This section describes the Personal Data we collect from you, organized by the sources in which we collect it from. We process your Personal Data as follows:

2.1 Directly from You or from Third Parties Such as our Subsidiaries or Service Providers

(a) Visiting or Using our Platform. If you visit our Platform for informational purposes, we process your IP address, information on the device and browser you are using (operating system, browser type and version, host name of the device), the referrer URL, time and date of your request and clickstream data. We process this data to display to you our Platform correctly, enable its core functions, and to ensure the stability and security of our Platform.

The legal basis for this data processing is Art. 6 (1)(1)(b) GDPR, insofar as it serves to provide our Platform to you, and Art. 6 (1)(1)(f) GDPR, as we have a legitimate interest to ensure the security of our Platform, a user-friendly, effective and secure experience and smooth access to its key functions.

(b) Using our Product or Services. To use some of our products or services, you have to register for a user account. As part of your registration, you must provide certain data, such as your name, email address, username and a password. The legal basis for this data processing is Article 6 (1)(1)(b) GDPR. We process the aforementioned Personal Data in order to grant you the desired access to our products or services available on our Platform.

(c) Communicating with us. While in a business relationship with us, we may process your Personal Data in order to communicate with you.

Communication may be initiated by you. Such communications may include sending information or materials you request, responding to your questions and comments providing user support after you request such support. Data processed during such communications may include your name and contact information, such as your email address in addition to the contents of your communications. The legal basis for processing this data is Art. 6 (1)(1)(b) GDPR as it is necessary to respond to your request.

To help you stay up to date with our offerings, we may contact you. We will generally only contact you with such promotional communications when you have given your prior consent and have not objected to future communications such as when you sign up for a newsletter. You can object at any time by the means provided for contacting us through the means provided at the end of this EU Privacy Notice. ¹

In addition to that, if we have obtained your email address in the context of the provision of a product or a service, we may also use the email address for direct marketing of our own similar products or services, i.e. in particular to invite you to engage on our forum. You are given the opportunity to object to such use when we collect your email address or by clicking the opt-out link in the email, you receive from us.

The legal basis for the use of your contact details for promotional communications is Art. 6 (1)(1)(a) GDPR insofar as you have given your consent to the use of the data for such purposes, and Art. 6 (1)(1)(f) GDPR where we use your email address to promote similar products or services as provided to you before. We pursue the legitimate interest of direct marketing.

(d) Participate in a Promotion, Contest, or Sweepstake. In some cases, we may provide you the opportunity to participate in a promotion, contest, or sweepstake. We will only use your data for such purposes when you’ve provided by consent by asking us to participate in the promotion, contest, or sweepstake. In those case, we may collect your Personal Data such as your name, email, and other data we ask for at the point in which you provide consent.

The legal basis for the use of your contact details for promotions, contests, or sweepstakes, is Art. 6 (1)(1)(a) GDPR insofar as you have given your consent to the use of the data for such purposes, and Art. 6 (1)(1)(f) GDPR where we use your email address to promote similar products or services as provided to you before. We pursue the legitimate interest of direct marketing.

2.2 Automatically from 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:

(a) 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.

(b) 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. Other Processing Purposes

In specific cases, we may process your Personal Data for the following purposes:

We may process your Personal Data to comply with legal obligations that we face (e.g. regarding data retention under commercial or tax law). The legal basis for such data processing is Art. 6 (1)(1)(c) GDPR in connection with the relevant legal provisions.

We may process your Personal Data if we sell our company, a part of it or other assets, or in case we buy another company, a part of it or other assets. The legal basis for this data processing is our legitimate interest (Art. 6 (1)(1)(f) GDPR) to further the development of our company through mergers and acquisitions.

We may have a legal obligation to participate in investigations and proceedings of public authorities and the government. The legal basis for such processing is Art. 6 (1)(1)(c) GDPR in connection with the respective provision establishing our legal obligations.

We may also process your Personal Data to protect our rights and safety, our contract and business partners and others, including through assertion of or participation in legal proceedings. The legal basis for this data processing is either a respective legal obligation to this effect (Art. 6 (1)(1)(c) GDPR in connection with the relevant legal provisions) or our legitimate interest or of those affected to assert legal claims (Art. 6 (1)(1)(f) GDPR).

If we use your Personal Data for other purposes than those stated above, we will provide specific notification at the time of collection.

4. Third Party Recipients of Personal Data

For some of the aforementioned purposes we may disclose your Personal Data to other parties. In addition to any recipients already mentioned in this EU Privacy Notice, these categories of recipients include data processors acting on our behalf and bound by our instructions, such as communication service providers (e.g. mail relay providers), newsletter and contact form providers, IT and IT security providers and software providers (including software as a service solutions).

The legal basis for respective data transfers is Art. 28 GDPR in connection with the respective data processing agreement concluded with the recipient. Through these agreements, we have contractually bound these recipients to process your Personal Data only on our behalf and in accordance with our instructions.

We may also transfer your Personal Data to other third parties for some of the purposes and according to the legal basis mentioned above in this privacy notice, e.g. to lawyers and tax advisors, notaries, courts, government authorities and agencies.

5. Cross-Border Transfers

We are a US-based company. Thus, when using our Platform, e.g. for registering a user account to participate in studies, we will transfer your Personal Data in the US .

When sharing your Personal Data with external recipients, some of your Personal Data may be transferred to other companies within the US or other countries, including third countries outside the EU / EEA, UK, or Switzerland where laws may not provide the same level of protection for your Personal Data as the GDPR does. Please note that data processed in a foreign country may be subject to foreign laws and accessible to foreign governments, courts, law enforcement, and regulatory agencies. However, we will endeavour to take the required measures to maintain an adequate level of data protection when sharing your Personal Data with recipients established in such countries.

In the case of a transfer to a country outside of the EU/EEA, UK, or Switzerland this transfer is either safeguarded by a so-called adequacy decision from the European Commission declaring that such country or recipient provides for an adequate level of data protection, or, if such adequacy decision does not exist, the conclusion of EU Standard contractual clauses (https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en) and additional measures, if necessary.

6. Data Retention Period

We retain your Personal Data only for as long as is necessary for the purpose for which it is processed and delete it afterwards, unless we are required by law to retain it for a longer period (e.g. to comply with statutory retention obligations under tax law).

7. Data Protection Rights

You may have the following data protection rights, depending on the circumstances of the specific case, which you may exercise by contacting us as set out below:

7.1 Access

You have the right to require information as to whether your Personal Data is retained and request access to your Personal Data and/or copies of such data, including purposes of processing, the processed data categories, its recipients as well as potential data retention periods.

7.2 Rectification, restriction of processing, deletion

You have a right to request the rectification, deletion or restriction of processing of your Personal Data, for example if (a) it is incomplete or inaccurate, (b) it is no longer necessary for the purposes for which it was collected, or (c) the consent on which the processing was based has been withdrawn.

7.3 Refusal or withdrawal of your consent to data processing

You have the right to refuse to provide and – without impact to data processing activities that have taken place before such withdrawal – withdraw your consent to processing of your Personal Data at any time.

7.4 Automated decision-making including profiling

We do not use your Personal Data for automated decision making which produces legal effects concerning you or similarly significantly affects you.

7.5 Right to data portability

You may have the right to receive the data, which you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit this data to another controller without hindrance from use. You also have the right to transmit this data directly to another controller, where technically feasible.

7.6 Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Data where we process your Personal Data based on our legitimate interests (Art. 6 (1)(1)(f) GDPR). In case we process your Personal Data for direct marketing purposes, you have the right to object at any time.

7.7 Right to lodge a complaint with the competent supervisory authority

You have a right to take legal action against any potential breach of your rights regarding the processing of your Personal Data, as well as to lodge a complaint with the competent supervisory authority.

8. Contact

For questions, suggestions and comments on the topic of data protection, please feel free to contact us at: