ICONICS, INC. PRIVACY POLICY

Last Updated: November 8, 2018

ICONICS, Inc., a Massachusetts, USA company along with its subsidiaries and affiliates (“ICONICS”, “we”, “us” and/or “our”), is a global automation software developer of visualization, HMI, SCADA and energy solutions. Our products and services (“Products”) include advanced, web-enabled OPC UA and BACnet certified visualization, analytics, and mobile software solutions, as well as maintenance, training, and development services related thereto. 

At ICONICS, we are committed to protecting your privacy and understand your concerns about how information about you is used and shared. This Privacy Policy explains what Personal Data (as defined below) we collect on our Website and all subdomains, iconics.com (“Website”), and through the offering of our Products. This Privacy Policy explains how we use and share that Personal Data and your choices concerning our data practices. Please read this Privacy Policy before using the Website or submitting any Personal Data. By visiting the ICONICS Website and/or providing us with information, you are accepting the practices described in this Privacy Policy.  

By providing us with your Personal Data when accessing the Website or using the Products, you consent to the processing of your Personal Data as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use the ICONICS Website or otherwise provide us information regarding our Products.


1.  Non-Identifiable Information

When you interact with ICONICS through our Website, we receive and store certain non-identifiable information. Non-identifiable information, which is collected passively using various technologies, cannot be used to specifically identify you. ICONICS may store this type of information itself or it may be included in databases owned and maintained by ICONICS affiliates, agents or service providers. We may use non-identifiable information to track, for example, the total number of visitors to our Website, the number of visitors to each page of our Website, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is gathered, stored, or used in our collection and usage of Non-identifiable information.


2.  Personal Data that We Collect

When you interact with ICONICS through our Website, we collect information that, alone or in combination with other information, could be used to identify you (“Personal Data”).

Automatically Collected Data: We automatically receive and store certain types of information when you interact with our Website. We use "cookies" in order to allow us to determine language preferences and to save form data for your convenience. Most browsers automatically accept cookies as the default setting. You can modify your browser settings by editing your browser options to either (i) reject our cookies or (ii) prompt you before accepting a cookie. However, if a browser does not accept cookies or if you reject a cookie, some portions of our Website services may not function properly.

We may use Google Analytics, other service providers, or our own systems to access automatically collected data.

Personal Data You Give Us: We receive and store any information you enter on our Website or give us in any other way.  When you access the Website, we may collect Personal Data from you through web forms such as name, phone number, email address, country, zip code, and other information pertinent to your request that you choose to provide us. Generally, this information is requested when you are (i) requesting literature, DVDs, or other information, (ii) requesting access to the ICONICS knowledge database or Customer Connection Portal, (iii) downloading software or documentation, (iv) registering ICONICS software products, (v) registering for events and webcasts, (vi) requesting information by phone or email and (vii) requesting follow up from a trade show or other event. ICONICS protects the security of your Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
You can choose not to provide certain information, but then we may not be able to fulfill your request.  We use the information that you provide for our internal purposes and for such purposes as providing you with Product information and support, responding to your request(s), communicating with you, etc. as appropriate. 

We also may collect from you credit application and billing information that you provide on behalf of your organization (i.e., country, credit card name, credit card number, credit card expiration date, billing address, and credit card CVV).  We use the information you provide us for our internal purposes and for purposes related to your business relationship with us.

We also collect information you choose to provide to us when you complete any “free text” boxes in our forms or provide us with any emails (for example, event registrations).


3.  How We Use Data

We use the Personal Data we collect:
  • To authenticate users, provide Website services related to the Products, process transactions, and respond to you requests. For all Website visitors and customers, including those located within the EU, this use is necessary to provide our Website to you and provide our Website services related to the Products (e.g. provide you Product updates). We process this data to confirm your identity and to ensure that we can lawfully provide you with our Products (e.g. restricted party screening in compliance with U.S. export laws).
  • To follow-up on your interest in our Products. We may provide all or some of the information you provide us to, as applicable, our employees, affiliates, authorized Representatives, and/or Distributor channels, in order to inform them of your interest in our Products.  
  • To provide you with up-to-date Product information. We may provide communications by email or post that we think will be of interest to you including notice of Product updates, upcoming events, etc.
  • As necessary for certain legitimate business interests, which include the following:
    • To customize the user experience.
    • To better understand how visitors interact with our Website and ensure that our Website is presented in the most effective manner for you, and as part of our efforts to keep our Website, network, and information systems secure.
    • To personalize our marketing measures and activities.
    • If you ask us to delete your data or t​o be removed from our marketing lists and we are required to fulfill your request, we will keep basic data to identify you and prevent further unwanted processing.
  • For billing purposes. For customers purchasing Products or registering for ICONICS events, we may collect your billing information identified above to process payments either in-house or using our third-party Vendors and Service Providers referenced below. This is applicable to all customers, including those located within the EU, and this use is necessary for us to perform our contractual obligations that we have in place with you. We store and process this information, in addition to providing this information to our third-party Vendors and Service Providers (described below).
  • For mailing your certificate. We collect your physical address information so that we can mail you a certificate upon completing any certification or training.
  • To protect our intellectual property and confidential information. We may use your Personal Data to mark Products materials we provide to you and may maintain a copy of such materials or record otherwise so that we can monitor and protect our confidential information and intellectual property. 
  • For Marketing. We may send you updates and information about our new products and services, upcoming events, or other promotions or news by email or push notification.  Where required by law, we will only send you marketing information if you consent to us doing so at the time you provide us with your Personal Data. When signing up to receive Company or Product information, you may opt out of receiving such marketing information. Additionally, you may opt out of receiving such emails by following the instructions contained in each promotional email we send you. In addition, if at any time you do not wish to receive future marketing communications, please contact us at marketing@iconics.com. For our resale and end user customers, we may continue to send out periodic e-mails informing you of technical service issues related to a product or service that you requested. You will not be able to choose to unsubscribe to these mailings, as they are considered an essential part of the service you have chosen.
  • When you register to receive information or otherwise give us Personal Data, ICONICS will not share that information with third parties without your permission, other than for the limited exceptions described in the “Sharing and Disclosure” section below. We take various security steps to ensure that your Personal Data is protected from unauthorized disclosure.
  • For information on your rights under the applicable European Union (“EU”) law, please see the “Rights under EU Law” section below. At ICONICS, we believe that privacy is a critically important issue, and accordingly we make these EU rights available to all users of our Products.

4.  Sharing and Disclosure

We may share your Personal Data and other information with certain third parties in the following circumstances:
  • Publication of Personal Data in Connection with Certification(s): When a customer obtains a certification, we may publish certain Personal Data of the customer on our Website allowing anyone from the public to see that the customer obtained the certification(s).
  • Subsidiaries, Affiliates and Agents:  We may share your Personal Data with our subsidiaries and affiliates, subject to confidentiality restrictions, for purposes consistent with this Privacy Policy.
  • Service Providers: To assist us in providing Products and to operate our business, your Personal Data may be shared with our third-party service providers. These include organizations who provide services in relation to mailing information, maintaining databases, marketing, Information Technology, professional advice, and processing payments. When we employ another company to perform such a service, we provide it with the information as needed to perform the hired-for service(s).
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of a service to another provider, your Personal Data and other information may be part of the transferred assets.
  • Legal Requirements: If required to do so by law, applicable regulation or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of ICONICS, (iii) act in urgent circumstances to protect the personal safety of users of the Website or the Products, or the public, or (iv) protect ICONICS against legal liability.

5.  Data Retention

We will keep your Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so in connection with your account, with your consent for us to process and retain your information, or as required by law (e.g., for tax, legal, accounting, or other purposes), whichever is the longer. If none of the above grounds apply, we will delete and dispose of your data in a secure manner according to our data protection policies.

Your Personal Data is stored on secured servers. Your information may be stored and processed in the United States or any other country where ICONICS, our subsidiaries, affiliates, or agents are located. We take reasonable security steps to ensure that your Personal Data is protected from unauthorized disclosure.


6.  Update Your Information

If you need to change or correct your Personal Data, or wish to have it deleted from our systems, you may contact us at marketing@iconics.com.


7.  Rights Under EU Law

Scope. This section provides information on your rights under EU law (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein, and Norway). ICONICS strongly believes in respecting the privacy concerns of its customers, and therefore extends these rights to all customers.

Data Controller. ICONICS is the data controller for your Personal Data.

Your Rights. Subject to EU law, you have the following rights in relation to your Personal Data:
  • Right of Access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
  • Right to Rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
  • Right to Erasure: You may ask us to erase your Personal Data in some circumstances, such as where we no longer need it, or you withdraw your consent (where applicable). If we shared your data with others, we will alert them to the need for erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so that you can contact them directly.
  • Right to Restrict Processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
  • Right to Data Portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Right to Object: You may ask us at any time to stop processing your Personal Data, and we will do so:
    • ​If we are relying on a legitimate interest (described under the “How We Use Data” section above) to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing; or
    • If we are processing your Personal Data for direct marketing.
  • Rights in Relation to Automated Decision-making and Profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, unless this is necessary in relation to a contract between you and ICONICS or you provide your explicit consent to this use.
  • Right to Withdraw Consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.
  • Right to Lodge a Complaint with the Data Protection Authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
You may contact us at marketing@iconics.com to exercise your rights.

Legitimate Interest. “Legitimate interests” means our interests in conducting our business, managing and delivering the Website and our Products to you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are, and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.


8.  Publicly Posted Information

This Privacy Policy shall not apply to any information you post to the public areas of the Website, such as bulletin boards, blogs, or public forums, including any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and ICONICS shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Comments posted to public areas may be viewed, accessed, and used by third parties subject to those parties’ privacy practices and policies.


9.  Children

ICONICS does not knowingly collect Personal Data from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to ICONICS through the Website, please contact us at marketing@iconics.com and we will work to delete that information from our databases.


10.  Links to Other Websites

The Website and materials provided as part of our Products may contain links to other websites not operated or controlled by us (“Third-Party Sites”), including social media websites and services. The information that you share with Third-Party Sites will be governed by the specific privacy policies and terms of service of such Third-Party Sites and not by this Privacy Policy. By providing these links, we do not imply that we endorse or have reviewed these sites. Please contact those sites directly for information on their privacy practices and policies.


11.  Security

We take reasonable administrative and technical steps to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  However, while we strive to protect your data, we cannot guarantee its absolute security.


12.  Changes to Our Privacy Policy

We may change this Privacy Policy at any time and, when we do, we will post an updated version on this page. We will notify you of changes to the data processing activities described in this Privacy Policy through our email newsletter, or as otherwise required by law. Should you wish to receive notifications regarding updates to our Privacy Policy, you may subscribe to our newsletter at https://iconics.com/newsletter.


13.  Contact Us

If you have any questions about our Privacy Policy or our data practices, please contact us at marketing@iconics.com.