Effective starting: May 25, 2018
Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services. For more information, please see Notice to End Users below.
1. INFORMATION WE COLLECT ABOUT YOU
We collect information about you when you provide it to us, when you use our Products or Services, and when other sources provide it to us. For example:
Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or use the Products or Services, or when you contact or use customer support. For example, you provide your contact information and, in some cases, billing information when you register for the Services. Such information can include, but is not limited to, your name, email address, billing address, telephone numbers.
Content you provide through our websites: We collect other content that you or your browser submits to websites owned or operated by or for us. For example, you provide content to us when you request some forms of technical data, download software, register to attend seminars or webinars, provide feedback, or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.
Information you provide through our support channels: You may choose to submit information regarding a problem you are experiencing with a Product or Service to our customer support. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Payment Information: We collect certain payment and billing information when you register for certain paid Products or Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services. We do not retain payment card details after completion of the transaction.
Content you provide through use of our Products and Services: Certain Echelon Products and Services collect and store content that you post, send, receive, share or obtained when you interact with them. This content includes any information about you that you may choose to include, as well as other information that we collect in the operation of our Products, Services and customer support such as IP addresses, device identifiers, licensing credits and other data related to licensing of certain Products, product registration, account information related to the relevant Products and Services, and information that may be captured in our Products and reside at the Customer’s site, and VPN or location information relating to the Company’s deployment sites. Data you enter into our Cloud CMS (Central Management Software) service is stored securely offsite at our provider (Amazon Web Services). We collect information about you when you use our Products or Services, including browsing our websites and taking certain actions, unless you ‘opt out’ or change your preferences, as explained below.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Products, Services or any of our websites. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. How much of this information we collect depends on the type and settings of the device you use to access the Products, Services, or any of our websites.
Information we receive from other sources: We may receive information about you from other Service users, from third-party sources, from our related companies, and from our business and channel partners.
Other users of the Services: Other users of our Products or Services may provide information about you when they submit content through the Services. For example, you may be mentioned in a service issue opened by someone else. Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact on your company's account.
Echelon Companies: We receive information about you from companies that are owned or operated by Echelon.
Echelon Partners: From time to time, we work with a global network of partners who provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We may receive information from these partners, such as billing information, billing and technical contact information, company name, what Echelon products you have purchased or may be interested in, evaluation information you have provided, what events you have attended, and what country you are in.
Other Partners: We may receive information about you and your activities with our Products and Services from third-parties, such as advertising and market research partners, who provide us with information about your interest in and engagement with, our Products and Services and online advertisements. We will only accept such information if such third party has legally obtained such information and has the legal right to share it with us, or has obtained your express consent to share it.
2. HOW WE USE INFORMATION WE COLLECT
How we use the information we collect depends in part on which of our Products or Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services.
For research and development: We are always looking for ways to make our Products and Services better, faster, more secure, better integrated, and ultimately more useful to you. We use collective learnings in an anonymous, aggregated form about how people use our Products and Services, as well as feedback provided directly to us, to troubleshoot and improve the Services. We also use this information to identify trends, usage, and patterns associated with how the Products and Services are used, and potential improvement to them. In some cases, we apply these learnings across our Products and Services to improve and develop features or to better integrate the Products and Services that our customers use. We also test and analyze certain new features with some users before rolling the feature out to all users.
To communicate with you about the Products or Services: We use your contact information to send transactional communications via email and within the Products and Services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We may provide tailored communications based on your activity and interactions with us to the extent permitted by applicable law. We may also send you communications as you begin using a particular Product or Service to help you become more proficient in using that Product or Service. In most cases, these communications are part of the Products or Services and in most cases, you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote and drive engagement with the Products and Services: We use your contact information and information about how you use the Products or Services to send promotional communications that may be of specific interest to you, including by email and by displaying Echelon ads on other companies' websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing the benefits you receive when using the Products or Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under "Opt-Out of Communications".
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze information about Product and Service performance, and to repair and improve the Products and Services, and to enhance our customer support. We use information to contact you with security bulletins, regarding warranties, or in the event of a Product recall.
For safety and security: We use information about you and your use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote our Products or Services, with your permission.
3. HOW WE SHARE INFORMATION WE COLLECT
We share information we collect about you in the ways discussed below.
Managed accounts and administrators: If you register or access the Products, Services or customer support using an email address with a domain that is owned by your employer or organization, and such organization wishes to establish an account or site, certain information about you including your name, contact info, content and past use of your account may become accessible to that organization’s administrator and other Service users sharing the same domain. If you are an administrator for a particular site or group of users within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.
Community Forums: Our websites offer publicly accessible blogs, forums, issue trackers, and support. You should be aware that any information you provide on these websites - including profile information associated with the account you use to post the information - may be read, collected, and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact us as provided below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.
Sharing with third parties: We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Products and Services. For example, we work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. We share certain information with our third party shippers who deliver the Products to you. We work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the Products or Services. We share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. If a service provider needs to access information about you to perform services on our behalf, they will do so under or in accordance policies and procedures designed to protect your information. We may also share other information with these third parties where you have consented to such use.
With your consent: We share information about you with third parties when you give us consent to do so. For example, we may display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Echelon, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
4. HOW WE STORE AND SECURE INFORMATION WE COLLECT
Information storage and security: We use data hosting service providers in the United States to host the information we collect, and we use technical measures to secure your data.
While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
How long we keep information: The length of time we keep information about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter, for example, in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Products and Services. Where we retain information for Product or Service improvement and development, we only use the information to uncover collective insights about the use of our Products or Services, not to specifically analyze personal characteristics about you.
Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services. For example, we continue to display messages you sent to the users that received them and continue to display content you provided.
Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see "Managed accounts and administrators" above.
Marketing information: If you have elected to continue to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Products or Services, such as when you last opened an email from us.
5. HOW TO ACCESS AND CONTROL YOUR INFORMATION
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
Your Choices: You have the right to request a description of your personal information we collected, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. Where the Services are administered for you by an administrator (see "Notice to End Users" below), you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to bring your complaint to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Access and update your information: Certain of our Services give you the ability to access and update certain information about you from within the Service. In our Customer Support portal, you can access your profile information, and choose who outside of the Company can access the information you provide (for example, Restricted, Members or Public). You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Deactivate your account: If you no longer wish to use our Services, you or your administrator may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you or your administrator are unable to deactivate an account through your administrator settings, please contact Echelon support, through our corporate website. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services. For more information on how to delete your information, see below.
Delete your information: Our Services give you the ability to delete certain information about you from within the Service. For example, you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
Send "Do Not Track" Signals: Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing emails or other communications from us as described above.
Data portability: Data portability is the ability to obtain some of your information in a format you can move to another vendor. Depending on the context, this applies to some of your information, but not to all of your information.
6. SPECIFICALLY FOR EEA USERS
Legal bases for processing
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Products or Services you use and how you use them. This means we collect and use your information only where:
- We need it to provide you the Services, including to operate the Products or Services, provide customer support and personalized features and to protect the safety and security of the Services;
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
- We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Products or Services.
How we transfer information we collect internationally
International transfers of information we collect: We collect information globally and primarily store that information in the United States. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Products or Services. Whenever we transfer your information, we take steps to protect it.
International transfers within the Echelon Companies: To facilitate our global operations, we gather and transfer information to the United States and allow access to that information from countries in which the Echelon owned or operated companies have operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based.
7. OTHER IMPORTANT PRIVACY INFORMATION
Notice to End Users:
All of our products are intended for use by organizations. Where the Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. Therefore, please direct your data privacy questions to your organization’s administrator, as your use of the Services is subject to that organization's policies. We are not responsible for the privacy or security practices of an administrator's organization, which may be different than this policy.
Administrators are able to:
- require you to reset your account password;
- restrict, suspend or terminate your access to the Services;
- access information in and about your account;
- access or retain information stored as part of your account;
In some cases, administrators can also:
- restrict, suspend or terminate your account access;
- change the email address associated with your account;
- change your information, including profile information;
- restrict your ability to edit, restrict, modify or delete information
Even if the Services are not currently administered to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the Services at a later date. They, not Echelon will be responsible for notifying you if this happens.
Please contact your organization or refer to your administrator’s organizational policies for more information.
Our policy towards children: The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.
Shine the Light: Under California law, a business that has an established business relationship with an individual, and has, within the immediately preceding calendar year, disclosed personal data that is primarily used for personal, family or household purposes to third party for the third party’s direct marketing purposes, must disclose to its California users, upon request, the identity of any such third party, along with the type of personal data disclosed. You can contact us to as provided in the “Contact Us” section. Please note that under California law, businesses are only required to respond to a user’s request once during any calendar year.
Contact Us: If you desire to change your preferences or Opt-out of our use of your data, or if you have questions or concerns about how your information is being handled, please direct your inquiry or request to email@example.com on our corporate website. If you are a resident of the European Economic Area, and wish to contact our EU Representative directly, please contact: