ICONICS, INC. PRIVACY POLICY

Last Updated: June 29, 2023

ICONICS, Inc. and its affiliates (collectively “us,” “we,” or “our”) are committed to safeguarding the privacy of our customers and users (“you” or “your”) who visit our website, including www.iconics.com (the “Website”).

We have drafted this Privacy Policy to provide you with information on our policies regarding the collection, use, and disclosure of Personal Information (as defined below) when you use our Website. This Privacy Policy should be read in conjunction with our Cookie Policy and Terms and Conditions, available here.

Some jurisdictions may provide for additional privacy rights and disclosures to their residents or relevant data subjects that may apply to you in certain circumstances. For example, your Personal Information may be subject to the EU General Data Protection Regulation (“GDPR”), the UK GDPR, the California Consumer Privacy Act (along with any implementing regulations and as may be amended, the “CCPA”), or other relevant data protection laws. This Privacy Policy summarizes the rights that you have under applicable data protection laws, but not all details of your rights are set forth in this Privacy Policy. For a full disclosure of your rights under relevant data protection laws, please reference the respective laws and regulatory guidance. If your personal information (as defined in our California Privacy Statement) is subject to the CCPA, please see our California Privacy Statement for additional disclosures, our Notice at Collection, and a description of your rights under the CCPA, available here.

Information We Collect and How We Collect It

While using our Website or when you otherwise interact with us, we may collect certain information from or about you, including “Personal Information.” When we use the term “Personal Information” we mean information that can help us directly or indirectly identify you, such as your name, email address, address, telephone number, Internet Protocol (“IP”) address, or other online identifiers, among other information. We may collect some of this information directly from you, automatically through your use of the Website, and from other sources.

Information Provided by You

We may collect Personal Information when you (i) purchase, register, or return one of our products or services ; (ii) contact us through available forms on the Website, via email, or by phone; (iii) request to download software or documentation; (iv) complete surveys, register for events or webcasts, or submit promotional materials; (v) post or share information on our Website; (vi) create an account to use certain of our services; (vii) subscribe to our publications or request marketing communications; and (viii) provide us with feedback. You can choose not to provide us with certain Personal Information, or you may in certain cases withdraw your consent for us to use Personal Information, but then we may not be able to fulfill your request and certain of our services may not be available, depending on applicable jurisdictions. We will not deny you goods or services if you choose to not provide us with certain Personal Information or if you withdraw your consent for us to use Personal Information, except to the extent that use or processing of your Personal Information would be necessary to provide you with such goods or services.

Depending on how you interact with us, we may collect the following types of Personal Information, including:

• Identifiers and Similar Information – Such as your first and last name, online identifiers, or other similar identifiers, and account log-in information.
• Contact Information – Including your personal email address, business email address, postal address, and phone number.
• Financial Information – Such as your payment card, bank information, billing address, data provided on your credit application.
• Commercial Information – Including records of services or products purchased.
• Demographic Information – Such as your profession or occupation.
• Correspondence and CommunicationsInformation– Including information provided by you when you contact us directly, respond to a survey, interact with us on social media, or your preferences in receiving marketing communications from us
• Usage Information – Including data about how you use our Website, products, and services.
• Responses to Surveys and Promotional Events – Including responses to questions and interactions with us on social media, competitions, and at events or through surveys that we provide to you.
• Geolocation Information – Such as information about your location or the location of your device.
• Aggregated Data – including anonymized information used for statistical purposes, which may be derived from your Personal Information but is considered non-personal data under certain data protection laws. If we combine aggregated data with your Personal Information so that it can directly or indirectly identify you, then such will be treated as Personal Information in accordance with this Privacy Policy.

We do not collect any “special categories of personal data” (as defined under applicable data protection laws) about you such as information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, data concerning health or data concerning your sex life or sexual orientation. Additionally, we do not collect information about your criminal record. If we require this information, we will contact you first and obtain your written consent to collect and process this information.

Information Collected Automatically

When you visit our Website or interact with us through other online media and advertisements, information about your visit and/or interaction is automatically logged though the use of various tracking tools like browser cookies and web beacons. Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and transferred to your device. We generally use cookies to collect information in order to improve our services for you. We may automatically collect Personal Information through our Website and these tools, including the following:

• Log Data – This includes information that your browser sends whenever you visit our Website (“Log Data”). This Log Data may include information such as your computer’s IP address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other statistics. When you access the Website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, your location information, and other statistics.
• Website Browsing Data – This includes information gathered while you browse our Website, including technical, usage, and navigational data that shows what pages you have visited and how long various features are used.
• Device Information – Such as information about the device you use to access our Website, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

We may use third-party web analytics services on the Website, including Google Analytics, Pardot, and Mautic. We use Google Analytics to help us understand how people are using our Website. To find out more about how Google Analytics collects and processes data, please click here. Google Analytics has its own cookies that it uses to track and aggregate this information. You can prevent the use of Google Analytics relating to your use of our Website by downloading and installing the browser plugin available here.

We use Pardot when you interact with our Website such as when you complete forms made available on our Website. Pardot has several cookies that it uses to track information and to remember preferences (like form field values) when you return to our Website. To find out more about how Pardot collects and processes data, please click here.

We may use third-party marketing automation services, including Mautic. Mautic has its own cookies that it uses to identify visitors across visits and devices in order to serve relevant ads and to support marketing activities. To find out more about how Mautic collects and processes data, please click here. 

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies, or to notify you when receiving a new cookie. You can also control cookies (i) through most browsers by changing your cookie settings, which are typically found in the “options” or “preferences” menu of your browser, and (ii) through various third-party tools, which can be found here.

Please note that if you do not accept cookies, you may not be able to use some features of our Website, and we recommend that you leave them turned on.

Information from Other Sources

We may also obtain Personal Information from other sources, such as:

• Indirectly from our distributors or sales agents.
• Directly or indirectly from our service providers when providing us services or acting on our behalf.
• Directly or indirectly from activity on our Website www.iconics.com social media, or marketing efforts.
• From third parties that interact with us in connection with the products we sell or services we perform, including advertising companies or other third-party advertising providers.

Why We Collect and Use Information

We may collect, use, or otherwise process Personal Information for various purposes. Certain data protection laws may require that we have established a lawful basis or legal basis for our collection, use, disclosure, or other processing of your Personal Information. Where required by applicable data protection laws, we ensure that we have identified a lawful or legal basis under which such processing may occur.

Depending on how you interact with us, he below table describes the ways we may use your Personal Information and identifies the lawful or legal purpose of our activity.

Activity	Type of Information	Lawful Purpose
Perform Services for Customers – Including facilitating purchases (including to manage fees and payments and to collect money due to us), providing products or services; registering, maintaining, or servicing accounts; providing customer service; and managing our relationship with you (including to request your feedback or take a survey and to notify you of changes to our terms or policies).	Identifiers, Contact, Financial, Correspondence and Communications, Commercial, [Responses to Surveys and Promotional Events]	Performance of a contract with you; necessary for our legitimate interests (including to recover fees due to us, maintain up to date records, analyze how customers use our products and services); and necessary to comply with a legal obligation.
Communicate and Respond to Your Questions and Requests – Such as to respond to any questions you send to us about our products or services, where a problem with the Website or a service is reported, or to enable you to partake in an event or complete a survey.	Identifiers, Contact, Correspondence and Communications, Commercial, Usage, [Responses to Surveys and Promotional Events]	Performance of a contract with you; necessary for our legitimate interests (to analyze how customers use our products and services, to develop our business, to maintain up to date Website).
Improve Our Products and Services – For example, we might use your information to customize your experience with us, improve our products or services, and improve our customer service.	Usage, Correspondence and Communications	Necessary for our legitimate interests (to identify types of customers for our products and services, to develop our business and inform our marketing strategy).
Managing and Operating our Business and Website – Including data analysis, system maintenance, support services, hosting of data	Identifiers, Contact, Usage, Correspondence and Communications, [Responses to Surveys and Promotional Events]	Necessary for our legitimate interests (to keep our Website updated and relevant, to run our business, provision of Information Technology services, and inform our marketing strategy).
Security and Prevention and Detection of Fraud – For example, we may use information to protect our company, our customers, and our Website. This includes detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.	Identifiers, Contact, Usage	Necessary for our legitimate interests (to operate our business, provision of Information Technology services, to prevent fraud), Necessary to comply with a legal obligation .
Compliance with Law – Such as compliance with legal and/or regulatory requirements or for the purpose of responding to a binding request from a public authority or court or retaining records as required by law.	Identifiers, Contact, Commercial, Usage	Necessary to comply with a legal obligation.
Advertising – Including to provide you with information, products, or services we feel may interest you.	Identifiers, Contact, Usage, Correspondence and Communications, [Responses to Surveys and Promotional Events]	Necessary for our legitimate interests (to develop our products and services, grow our business, inform our marketing strategy).
Contractual Obligations – For example, we may use your information in performing our contractual obligations to a customer or others and protecting legal rights.	Identifiers, Contact	Performance of a contract with you, Necessary to comply with a legal obligation.

Please contact us using the information provided in Contact Us below or complete this online form available here if you would like further details about the lawful purpose for which we may collect, use, disclose, or otherwise process your Personal Information.

How We Disclose Information

In order to run our business and provide services to you, we may disclose your Personal Information and other information to third parties, including the following:

• Our affiliates, including Mitsubishi Electric Corporation and its subsidiaries and ICONICS Europe B.V., ICONICS Europe B.V. o.z., ICONICS Germany GmbH, ICONICS Italy S.r.l., and ICONICS UK, Ltd.
• Services providers or other entities who perform services for us or on our behalf. For example, we may share information with vendors who operate our Website, run promotions, and send emails.
• Business partners who distribute our products or co-sponsor a promotion with us. These partners may send you information about events and products by mail or email.
• Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.
• In order to comply with applicable law. For example, we may disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Website.
• To any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets.
• With your consent or at your direction.

Marketing

We may use certain Personal Information to determine what products, services, or events may be of interest to you. As a result, you may receive marketing communications from us when you request information or if you have purchased our products or services and you have not opted out of receiving marketing communications. You can opt out of future marketing communications per the opt-out link provided on any marketing communication or by contacting us through the information provided in Contact Us below. Please see Your Rights and How to Exercise Them section below for more information about opting out of marketing communications.

Do Not Track Disclosure

We support Do Not Track (“DNT”). DNT is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable DNT by visiting the Preferences or Settings page of your web browser.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet or method of electronic storage is 100% secure, and we are unable to completely guarantee the security of the Personal Information we have collected from or about you.

How Long We Keep Your Information

We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any accounting, reporting requirements, or legal requirements and consistent with applicable privacy, data protection, and data retention laws. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Links to Other Sites

Our Website may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

We do not knowingly solicit or collect Personal Information from children under 13. If you are a parent or guardian and believe that we have inadvertently collected Personal Information from a child under 13 years old, please contact us using the information provided in Contact Us below. We will delete such information within a reasonable time.

International Transfers of Your Personal Information

We are an international company with our main operating location(s) in the U.S. As such, your Personal Information may be transferred, stored, or otherwise processed in the United States and other locations. When you provide Personal Information to us from outside of the U.S., please be aware that we will receive and process it in the U.S. and that U.S. data protection laws may be different from those of your country of residence. We may transfer the Personal Information we collect to other countries where we do business, which may not have the same data protection laws as the country in which you originally provided the information. To the extent required by applicable law, when we transfer your Personal Information to recipients in other countries, we will take measures to protect that information. You can contact us through the information provided in Contact Us below for further information on specific mechanisms we utilize for transferring Personal Information and the countries to which such transfer may be made.

If you reside in European Economic Area (EEA), Personal Information or other information we collect will be processed outside of EEA which will require transferring your information outside of EEA. When we transfer your Personal Information outside of EEA, we require appropriate safeguards are provided by (i) specific contractual clauses approved by European Commission that provide Personal Information similar degree of protection as is provided in EEA or (ii) other safeguards as approved by European Commission. (See Ch. 5 Art. 46 of GDPR for more information about appropriate safeguards).

In providing our services, we may sometimes transfer and store information outside the EEA or United Kingdom (UK), including the United States. Where we transfer personal data outside the EEA or UK, we will seek to ensure a similar degree of protection is afforded to it by ensuring that Personal Information is only transferred:

• To countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission, or Information Commissioner’s Office (the “ICO”) (an “adequacy decision”) (as applicable);
• To persons and undertakings to whom the transfer of such Personal Information is made pursuant to a contract that is compliant with the model contracts for the transfer of Personal Information to third countries from time-to-time approved by the European Commission or the ICO (as applicable);
• To persons and undertakings outside of the EEA or UK pursuant to other appropriate safeguards for the transfer of Personal Information as set out in the GDPR or UK GDPR (as applicable); and
• Only on one of the conditions allowed under the GDPR or UK GDPR in the absence of (i) an adequacy decision or (ii) appropriate safeguards such as a contract that is compliant with the model contracts for the transfer of Personal Information to third countries approved by the European Commission or ICO (as applicable).

You can contact us through the information provided in Contact Us below for further information on specific mechanisms we utilize for transferring Personal Information outside the EEA or UK and the countries to which such transfer may be made.

Your Rights and How to Exercise Them

Your Rights Under Certain Data Protection Laws

Depending on where you are located and applicable laws, you may have certain rights to your Personal Information. The rights described in this section are subject to exemptions and other limitations under applicable law.

Depending on applicable law, and subject to certain exemptions or limitations, your rights may include:

• Access – To request access to the Personal Information we have about you.
• Correction – To request that we correct incomplete or inaccurate Personal Information that we hold about you.
• Deletion – In certain circumstances and subject to certain limitations, you can request that we delete your Personal Information.
• Object to Processing – To object to our processing of Personal Information in certain circumstances, including where we process Personal Information for direct marketing purposes, where we have processed such data on the basis of our legitimate interests, or to decision-making based solely on automatic processing.
• Request the Restriction of Processing – In certain circumstances, to request that we suspend the processing of your Personal Information, including to cease provision of the information to a third party.
• Portability – To request the transfer of your Personal Information to another party in a digital form.
• Withdraw Consent – Where you have provided your consent to our processing, you have the right to withdraw it at any time.
• Lodge a Complaint with a Data Protection Authority – To lodge a complaint with the relevant data protection authority or other relevant supervisory authority in the country of your residence, your place of work, or place of an alleged infringement, if you believe that the processing of your Personal Information infringes upon applicable data protection laws.
• Receive Notice of Breach – To notify you of a breach of your Personal Information.

You may also have the following rights related to our marketing practices:

• Opt Out of Receiving Our Marketing Emails – To stop receiving our promotional emails, follow the opt-out link in any of our promotional emails. This opt-out does not apply to transactional or informational emails (e.g., our communication in response to your request for information, products, or services from us) nor to disclosure to a third party that is acting on our behalf and under our instructions in support of our permitted uses of your Personal Information.
• Control Cookies and Tracking Tools – As noted above in Information Collected Automatically, we may use cookies and other tracking tools. To learn how to manage your cookies preferences, please review Information Collected Automatically and our Cookies Policy.

How to Exercise Your Rights

You can exercise applicable rights, or obtain more information as to how to exercise your applicable rights or connect you to the data protection officer in your country, if any, as described above, through the following:

• Calling us at +1 508 543 8600.
• Email: privacy@iconics.com
• Writing us at the address noted below.

Response Timing

We endeavor to respond to a verifiable consumer request in a timely manner, and where required by applicable law, within one calendar month from date of request receipt. If we require more time, we will inform you of the reason and extension period in writing. 

Information We May Need for Exercising Your Rights

Upon receipt of your inquiry/request about your Personal Information, for security of information purposes, we may need to request certain information from you for us to confirm your identity and ensure your rights to access your Personal Information.

Cost

We do not charge you to exercise your rights.

Changes to This Privacy Policy

This Privacy Policy is effective as of June 29, 2023 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time, and you should check this Privacy Policy periodically. Your continued use of the Website after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our Website.

Contact Us

If you have any questions about this Privacy Policy, or concerns or complaints, please contact us through any of the following:

• Emailing us at: privacy@iconics.com
• Writing to us at: ICONICS, Inc.
  2 Hampshire St, Suite No. 300
  Foxborough, MA 02035 USA