Privacy Policy

Utilimarc, LLC. ("we," "us," and "our") respects the importance of the privacy of your personal information. We provide this Privacy Policy so you know about our information handling and storage practices and understand how we collect, protect, use, and share the personal information we receive about you from your use of websites and web applications under utilimarc.com and other websites on which this Privacy Policy appears (collectively, the "Site") or otherwise.

Your visit to the Site and any dispute over privacy is subject to the Terms of Use, including limitations on damages and application of the law of the State of Minnesota. Use of this Site is strictly voluntary. If you do not agree to our Privacy Policy and Terms of Use, you must immediately log off the Site and may not use the Site. Additionally, we may not be able to assist you in connection with matters relating to our products or services.

Your Consent

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE THE UNITED STATES.

IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

The Data We Collect

Anonymous Electronic Information. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, we collect your computer's or mobile device's IP address, which you necessarily disclose when you visit the Site, so that data (such as the web pages you request) can be sent to your computer or device.

Cookies. The Site utilizes "cookies," which are text files placed on your computer that web pages on the Site may use to store data on your computer or send data to our web servers. We may use cookie data to "recognize" you when you return to the Site, to save your user ID, to track your login time and session expiration time on the Site, to troubleshoot how the Site operates, and for internal analysis of how people use the Site. Should you decide not to accept cookies from the Site, you will limit the functionality we can provide when you visit the Site.

The Site is not designed to respond to "do not track" requests from web browsers.

Additional Electronic Information. We may use standard Internet technology, such as web beacons, tracking pixels, and other similar technologies, to track your use of the Site.

The Site is not designed to respond to "do not track" requests from web browsers.

Through Your Interactions with Us. When you engage in certain activities on the Site or otherwise interact with us, such as requesting a live demo on the Site, or using our online platform products, contacting us for support or other inquiries, we may ask you to provide personal and other information. The information we will require will depend on the activity. If you do not provide the mandatory information for a particular activity, you will not be able to engage in that activity.

Information Obtained from Other Sources. We may obtain information about you from other companies and organizations, such as from your employer. We may combine such information with information we have collected or may collect about you. We may also collect information that is publicly available. For example, we may collect information about you when you interact with us through social media. We are not responsible for the accuracy of any information provided by other sources or from public sources.

Use of the Data We Collect

We use personal information to provide and improve our products and services, including the Site, for purposes in our legitimate interests and for compliance with applicable laws.

To Operate Our Business. We process personal information where you give us your consent or on the basis that it is: (a) necessary for the performance of a contract we have with you; (b) in our or a third parties' legitimate interests such as a contract with your employer under which we are required to deliver products or services; or (c) for compliance with a legal obligation.

We may use your personal information for particular activities, including, without limitation, providing products and services to you or your employer, responding to your inquiries, customer service and technical support, marketing and research, developing and displaying content tailored to your interests, providing product, promotional and other information to you, and to contact you regarding administrative notices. Depending on the circumstances, we may share this information with our related entities, service providers, and other third parties to which you have consented or which are authorized by law to receive your information.

To Improve our Business. We may use your IP address and similar website or application use information to: (i) help diagnose problems with the Site, administer and improve the Site, and measure the use of the Site; (ii) identify the type of web browsers used, the pages viewed, the web sites from which a visitor found this Site, and the search terms and search engines used to find this Site; and (iii) gather other web analytics information relating to visitors' use and navigation of the Site. This information does not identify you personally. We will not combine this information in such a way that would enable us to identify you. We generally aggregate and analyze this data to improve our products and services and monitor the security of the site. We may share this aggregated, non-personally identifiable information with our related entities and our service providers.

The information we obtain using standard Internet technology, such as web beacons, tracking pixels, and other similar technologies, enables us to customize the services we offer visitors to our Site, to deliver targeted content, and to measure the overall effectiveness of our online content, advertising, or programming or other activities.

We may use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; benchmarking; advertising; and to identify trends and changes.

For Law Enforcement, Regulators and Other Parties for Legal Reasons. We may also disclose personal information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by law, rule, or regulation; (b) to protect and defend our rights or property or those of our affiliates or business partners, or others; or (c) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization.

In addition, since our database is a business asset, in the event we are reorganized or become part of another organization, you consent to the sale, assignment, or transfer of your personal information to a successor that acquires substantially all of our business assets, or to an affiliate, as applicable.

We do not sell personal information to third parties. Other than as set forth in this Privacy Policy, we do not transfer, share or disclose personal information to third parties. We do not disclose personal information of individuals we know to be under the age of 16 to other businesses or third parties for consideration.

Security of Personal Information

We take the security of personal information seriously and we take what we believe to be reasonable precautions and have implemented certain safeguards to protect the security of data and personal information. We may transmit your personal data to third parties outside the United States for storage or processing. We will attempt to ensure that your personal information will be subject to appropriate safeguards and that it is processed and secured in accordance with applicable law. However, on the Internet, data transmissions can be subject to unauthorized access by third parties. We cannot guarantee that the personal information you provide to us will never be disclosed or accessed in a manner that is inconsistent with this Privacy Policy. By using our Site, you agree that we are not responsible for any intercepted information or for disclosures made to third parties in accordance with this Privacy Policy; and you hereby release us from any and all claims arising out of or related to the use of intercepted information by third parties in any unauthorized manner.

Our Relationship to Other Websites

This Site may contain links to other websites. If you visit one of these other websites, we encourage you to review the privacy policy on that website. We are not responsible for the policies and practices of other websites, and any information you submit to those websites is subject to their privacy policies.

Privacy Rights and Requests

Depending on where you reside, you may have rights under applicable laws concerning personal information we have collected about you, which may include the right to access your personal information we have, to ask us to delete, correct, or restrict the use of your personal information, to withdraw your consent to our use of your personal information, to ask how we have used your personal information, and to ask whether we have shared your personal information. We will honor your rights to the extent provided by applicable law.

All privacy requests relating to your personal information, including those related to access to, rectification of, restriction of, processing of, sharing of, or objection to the processing of your personal information, withdrawal of consent to handle your personal information, the right to be forgotten, or to opt-out of the sale of your personal information (in case our policy changes), can be submitted to us one of the following ways:

By email: admin@www.utilimarc.com

By U.S. Mail:
Utilimarc, LLC
Attention: Chief Privacy Officer
1660 South Hwy 100, Suite 319
Minneapolis, MN 55416 U.S.A.

All communications must be in the English language. Please clearly state what information you are requesting and any other requests you are making. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and verify your identity directly.

We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law.

If you or your authorized agent sends us an email requesting that we take action regarding your personal information or the right to be forgotten, the requesting email MUST come from the email address we have on file for you in order to verify that the request is valid and also to protect your personal information. All other requests must be made in writing or otherwise be verifiable as originating from you or your authorized agent. In order to protect your information and because we will need to verify your identity, we may require additional information from you before we can respond to certain privacy requests.

For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (a) complying with the request may present a threat to the personal safety, property, or rights of any other person or organization; (b) complying with the request may lead to a violation of applicable laws or regulations; (c) we are not required to comply with the request under applicable law; (d) the request concerns information collected for a sale or financing transaction where the information has been archived consistent with our normal business operations; or (e) accepting the request may violate the rights, business operations, and legal needs of our business. If we determine that the request warrants a limitation or denial, we will take commercially reasonable efforts to do so.

How Long We Keep Personal Information

We store the personal information we collect about you for as long as is necessary for the purpose(s) for which we collected it, or for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

Changes to Privacy Policy

We reserve the right to revise this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any revisions to this Privacy Policy. We encourage you to review this Privacy Policy regularly in your use of the Site to ensure you are aware of current practices. Any use of the Site following the date on which the revised Privacy Policy is published on the Site shall constitute your acceptance of all such changes.

Contact

For questions or comments related to this Privacy Policy, please email us at admin@www.utilimarc.com.

Last updated: January 23, 2023

CANADA-SPECIFIC PRIVACY NOTICES

Accountability

We are responsible for your personal information under our control. We have appointed a Chief Privacy Officer who is accountable for our compliance with this Privacy Policy and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). Any inquiries should be directed by mail addressed to Utilimarc, LLC, Attention: Chief Privacy Officer, of 1660 South Hwy 100 Suite 319, Minneapolis, MN 55416, United States, or by e-mail at admin@www.utilimarc.com.

Purposes

We identify the purposes for which we collect your personal information at or before the time it is collected. We collect your personal information for purposes of: (a) providing products and services to you or your employer, (b) responding to your inquiries, (c) providing you with information about products or services, (d) customer service and technical support, (e) sending you promotional information about us, (f) marketing and research, (g) developing and displaying content tailored to your interests, (h) providing product, promotional and other information to you, and (i) contacting you regarding administrative notices.

Consent

We obtain your consent for the collection, use, or disclosure of your personal information, except in circumstances permitted or required by law. Where implied consent is appropriate, we will assume your consent in situations where you volunteer information or take an action that necessarily involves the use or disclosure of your personal information. We may rely on opt-out consent where appropriate. We will not use or disclose your personal information for purposes other than those for which it was collected, except with your consent, or as permitted or required by applicable law.

Limiting Use, Disclosure and Retention

We will not use or disclose your personal information for purposes other than the identified purposes of collection, except with your consent or as permitted or required by law. We will retain your personal information only as long as necessary to fulfill identified legal or business purposes.

Accuracy

We will keep your personal information as accurate, complete and up-to-date as necessary for the identified purposes for which it was collected. We may ask you to update your information from time to time, though will make reasonable effort to minimize this inconvenience to you.

Safeguards

We protect your personal information using security safeguards appropriate to the sensitivity of the information, including through the use of physical, organizational, and technological measures and appropriate training of employees.

Openness

We will maintain information about our policies and practices regarding the management of your personal information, and make this information available to you upon request.

Individual Access

Upon written request, we will inform you whether or not we hold personal information about you, and provide you with access to your information. We will respond to all requests within the time limit set out by applicable law, and will make every effort to respond as accurately and completely as reasonably possible.

Compliance and Complaints

We encourage you to contact us with any questions or concerns you might have about your privacy or this Privacy Policy using the contact information set out above. We will investigate and respond to your concerns about any aspect of our handling of your personal information.