Privacy Policy

PowerRail Inc. together with its affiliates (collectively “PowerRail,” “we” or “us”) created this Privacy Policy (“Policy”) because we are mindful of your privacy. This Policy applies to the Personal Data we collect through PowerRail’s systems, including websites, purchasing interfaces, mobile applications, social media platforms, and other digital channels that will include a link to this Policy (collectively “Online Channels”). This Policy only applies to the Online Channels on which it is referenced.

This Policy addresses the types of Personal Data we collect through Online Channels, what we do with that Data, the parties with whom we might share that Data, and the rights you may have regarding that Data. The Privacy Policy also outlines the security procedures we take to keep your Data safe and who you can contact at PowerRail about this Policy. PowerRail is not responsible for the privacy policies and practices of third parties to whom you may connect through PowerRail’s Online Channels.

Personal Data

PowerRail collects Personal Data through its Online Channels. “Personal Data” consists of information that may identify you as a natural person or company, directly, indirectly, or in aggregate with other information available to us such as an identification number, online identifier or one or more factors specific to your identity as a natural person or company.

We may collect the following Personal Data:

• General contact information such as name, phone and fax number, email, and postal address for you or for your company or for other people in your company;
• Online Account Information such as username, password, and security question and answer;
• Purchase and customer service history such as past orders;
• Certain financial information such as payment information, including name, billing address and payment card information including card number, expiration date and security code; bank account information; financial statements; income; and credit score;
• Location data such as data derived from your IP address, country and zip code and the precise geolocation of your mobile device where we have provided notice and choice, as appropriate.
• Contact information for referrals or other industry contacts which you may provide to us;
• Clickstream data and other information about your online activities such as information about your devices, browsing actions and usage patterns, including across the Online Channels and third-party websites, that we obtain through the use of cookies, web beacons and similar technologies; these practices are outlined more specifically in our Cookie Policy;
• Any other personal information you submit to us such as information submitted through our website;
• We will not collect information related to race, ethnicity, origin, political affiliations, religion, union membership, biometric information such as height, weight and other health data, sexual orientation, date of birth, age, gender, marital status and dependent, spousal and/or other family information;

PowerRail strives to maintain accurate and up to date Personal Data. In return we ask that you provide us with accurate and up to date Personal Data.

PowerRail uses third-party web analytics services in connection with its various Online Channels, including Google Analytics. Third-party web analytics services use cookies and other technologies to collect data, like your IP addresses, to analyze use of and activity on our Online Channels. These third-party analytics have their own policies, e.g. Google’s.

If you choose not to provide us certain Personal Data, we may not be able to offer you certain products and services, and you may not be able to access certain features of the Online Channels.

Personal Data We Collect from Other Sources

PowerRail and third-party analytic services engaged by PowerRail may catalogue, cross reference, and combine the information we collect from Online Channels with information obtained from other sources such as your own website or social media pages. This helps us to improve the quality of information we collect as well as ensure its accuracy.

Personal Data Use

• Offer and manage our products and services;
• Take, process, and complete orders as well as provide you notifications regarding orders;
• Disseminate information regarding our products, services, events, trade show appearances, promotional materials, and other marketing information;
• Market research, data analytic, customer trends and history;
• Customer support and access;
• Process, evaluate and respond to requests for information; quotes, proposals, bills, applications, and other information in the ordinary course of business;
• To communicate with you about your account with PowerRail including monitoring your purchases from PowerRail;
• Marketing and Sales outreach and advertising materials;
• Maintaining normal business efficiencies such as accounting, auditing, billing, reconciliation and collections;
• Security measures to maintain your security and protect against fraud, unlawful activities, and breaches as effectively as possible;
• Conduct periodic regulatory, legal, and enterprise compliance audits and checkups;

These are the only purposes for which we may catalogue, cross reference, and combine Personal Data with other data collected across our Online Channels. From time to time we may anonymize or aggregate personal information and use it for the above purposes and for other purposes that we are permitted by applicable laws. We also may use Personal Data for additional purposes than those identified at the time of collection only in so far as the additional purpose is legal and compliant with the above purposes. In such instances, we will inform you the specific additional purposes and seek your permission beforehand should the law so require.

Also, if applicable laws require it, we may request your consent for the processing of your Personal Data for direct marketing purposes. PowerRail’s basis in law for processing your personal information as outlined above:

• You provided consent;
• We are or may perform a contract with you;
• We have a legitimate business interests; or
• We are obligated by law to maintain compliance.

Sharing Personal Data

PowerRail does not sell, disclose, traffic in, or disseminated in any other way your Personal Data except as described in this Policy and/or at the time of collection. We share Personal Data within PowerRail and its affiliates for the purposes described in this Privacy Policy.

We also might share your Personal Data with our affiliate entities and other third-party business partners, providers, vendors or contractors acting on our behalf and under our instructions, whether located inside and outside of the European Union (“EU”) or the Economic Area (“EEA”), or some other marketplace, for the purposes of operating our business, delivering, improving, and customizing our Online Channels as well as our products and services, sending marketing and other communications related to our business. In such instances and when it is necessary, we will obtain your consent.

To summarize, the following is how we may share your Personal Data:

• Within PowerRail and any of our affiliate entities which may be located inside or outside of the EU/EEA, for purposes of Personal Data processing or maintenance as it relates to the above purposes;
• With PowerRail’s partners, vendors, authorized third-party agents or contractors to provide our products and services or facilitate transactions in the ordinary course of business such as those listed above;
• As it may be necessary during the merger or acquisition of our company with another company.

There are certain other circumstances in which we may disclose Personal Data about you:

1. If we are required by applicable law or as part of a legal process such as a subpoena;
2. If it is to comply with law enforcement authorities or other government officials in furtherance of a legitimate legal request such as a warrant;
3. When we believe disclosure would be needed to prevent physical harm or financial loss;
4. To declare, establish, exercise or defend our legal rights;
5. If we are required to as it relates to an investigation of potential or actual fraud or other illegal activities; or
6. If you consent.

Transferring Data

PowerRail does business across the globe and has affiliated entities located inside and outside of the EU/EEA, other countries, and across multiple borders and jurisdictions. We may transfer your Personal Data across PowerRail and its affiliates, domestically and abroad, and/or to those third-party business partners, providers, vendors, or contractors that are located inside or outside of the EU/EEA, for purposes described in the above paragraphs, including for the purpose of processing, storing, analyzing and organizing Personal Data on behalf of and under the control of PowerRail.

Rights

When it comes to your Personal Data, you have the following rights: to access, obtain hard or electronic copies, review, correct and update the Personal Data we have on file for you. You have the right to oppose or request that PowerRail limit the processing or your Personal Data or to request that certain of your Personal Data be deleted from our files. Your rights may be affected by applicable laws.

We will use normal business efforts to accommodate the above requests. If your request is prohibited by law, or if PowerRail is obligated to retain your Personal Data for some legitimate reason, we will inform you straightaway. We will verify your identity prior to processing any requests relating to or regarding Personal Data.

Requests regarding data can be made via email to Marketing@ePowerRail.com.

Safeguarding Your Personal Data

PowerRail is concerned with keeping your Personal Data secure. We practice and keep institutional, enterprise, organizational, and administrative procedures, as well as technical and physical safeguards that are compliant with applicable laws, in instances where the Personal Data was obtained, that are designed to keep your Personal Data secure and confidential against illegal, or unauthorized destruction, loss, alteration, use or disclosure of, or access to, the Personal Data you provided to us through our Online Channels.

We use reasonable and conventional measures to secure the Personal Data in our possession, including:

• Implementation of security policies and procedures throughout PowerRail and its affiliates regarding Personal Data use, safety, and confidentiality.
• Utilizing a “need to know” policy that restricts access to Personal Data only to certain employees and those third-party service providers who require access to it;
• Technological safeguards such as encryption and secure access portals for Personal Data that may be provided during certain transactions;
• Employing conventional methods of detection and security systems to root out attacks on, breaches of, and otherwise compromising activities that may affect PowerRail’s network.

There is NO GUARANTEE that the internet is secure, and we at PowerRail do NOT WARRANT, ENSURE OR REPRESENT the complete security of any Personal Data you provide us through Online Channels or other technology. We strive to maintain a secure system as outlined above. In the event of a breach we will notify you.

Personal Data Retention

PowerRail may retain your Personal Data to the extent and for the lengths provided by applicable laws. Generally we retain your Personal Data when:

1. It is necessary to carry out the legitimate purpose for which we obtained it such as in accordance with the provisions of this Privacy Policy; or
2. We have some other lawful purpose such as those stated in this Privacy Policy.

Except as outlined above, PowerRail will not retain your Personal Information beyond the time period that is needed to accomplish the purpose or objective for which the Personal Data was obtained in the first place.

General Provisions

California Residents

Subject to certain limits under California law, California residents may ask us to provide them with:

1. A list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and
2. The identity of those third parties.

To obtain this information, please send an email to Marketing@ePowerRail.com with “California Consumer Privacy Act Request” in the subject line and in the body of your message.

For more information, please visit http://oag.ca.gov/privacy/ccpa.

Children

Although PowerRail’s Online Channels are directed to a general audience, they are not intended for children under the age of 18. We will never knowingly collect or ask for personal information from children under the age of 18 through our Online Channels.

Should we find out that we have inadvertently collected personal information from a child under the age of 18, we will erase this information from our systems and networks straightaway. If you know that a child under the age of 18 provided us with information, please contact us immediately using the information below.

Opt-Out Communications

From time to time we may provide communications relating to our products, services, events, enterprise, marketing materials or other informationals via email or other Online Channels. You may opt out of these by clicking the “Unsubscribe” link contained in our e-mail communications. It is free to opt out and you may do so at any time. You may also opt back in by contacting us through Online Channels or using the information below.

Privacy Policy Changes and Updates

From time to time we will change or update this Privacy Policy to reflect changes in PowerRail, applicable laws, or other factors that may cause us to make alterations. We will post any changes or updates on all of our Online Channels.

We may also send you notice of the change or update through the above-mentioned methods in the Opt-Out Section. Unless you object to a change or update within thirty (30) days of viewing that change or update, you will be deemed to have accepted that change or update.

Contact Us

In the event you have additional questions regarding this Privacy Policy, please contact us via email at Marketing@ePowerRail.com.