PRIVACY POLICY

Effective Date: March 1st, 2023

Introduction

RailPulse, LLC ("RailPulse," "us," or "we") is committed to protecting your privacy. This Privacy Policy (the “Policy”) describes the types of information we may collect from you or that you may provide when you visit https://railpulse.com/ or https://portal.railpulse.com/ (collectively, our “Website”). Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using our Website, you agree to this Policy. This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Scope of This Privacy Policy

This Policy governs your use of the Website and also applies to your use of interactive features, products, widgets, applications, content or downloads that we make available through the Website (collectively referred to herein as the "Services"), regardless of how you access or use this Website, whether via personal computers, mobile devices or otherwise.

The Policy applies to personal information and other information collected by RailPulse or its service providers from or about: (i) visitors to, or users of the Website (ii) prospective and current customers visiting the Website, and (iii) other third-parties that we interact with. This Policy does not apply to data we receive from third parties, unless we combine such data with Personal Information (defined below) that we have ourselves collected under this Policy. This Policy also does not apply to our data collection activities offline or otherwise outside of our Services (unless otherwise stated below). Our statements under this Policy cover only information collected through this Website directly by us, and not by third parties that may interact with our Services or link to this Website.

In addition, please review our Terms of Use, which govern your use of our Services. By using our Services, you consent to our Policy and Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below.

Information We Collect

Information You Provide to Us

We do not collect "Personal Information" about you through this Website unless you choose to provide it to us voluntarily, such as through the "Contact Us" page or our customer portal available at https://portal.railpulse.com/. We define "Personal Information" as any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, which may include your phone number, name, address, email address, age, company position and title. If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page.

If you do provide us with Personal Information, we will only use it for the purpose of providing the Services and other products and related operational purposes. We also use your Personal Information to support our business and legal functions, such as marketing and fraud prevention.

In addition, credit card information may be used to collect payment from customers regarding orders of Services or other products. You may be required to provide financial information to a third-party payment processor before placing an order through our Website.

Information We Collect When You Use Our Services

In addition to any Personal Information or other information that you choose to submit to us (as described above) we and our third-party service providers may use a variety of technologies that store or collect certain information whenever you visit, complete an application, or interact with the Services ("Usage Information"). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Website or Services. To the extent we associate Usage Information with your Personal Information we collect directly from you, we will treat it as Personal Information.

Usage Information may include:

  • your IP address, UDID or other unique identifier ("Device Identifier"). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier;
  • your Device functionality (including browser, operating system, hardware, mobile network information);
  • the URL that referred you to our Services;
  • the areas within our Services that you visit and your activities there, including remembering you and your preferences;
  • your Device location;
  • your Device characteristics; and
  • certain other Device data, including the time of day, among other information.

A discussion of the types of Usage Information we collect is described in greater detail, below.

Usage Information Collected Through Use of Tracking Technologies

  1. Types of Tracking Technologies We Use

    2. We may use a variety of tracking technologies to automatically collect Usage Information, including, but not limited to, cookies, web beacons, embedded scripts, browser fingerprinting, GPS, iBeacons, and ETags (collectively "Tracking Technologies"). A cookie (or "locally shared object") is a data file placed on your device when you visit our Website. Your browser, or other software (including Adobe Flash), may allow you to reject or remove cookies, but if you do so, some features of our Services may not work properly, and we may not be able to remember your preferences the next time that you visit. We also use web server logs to collect and store information about usage of our Services. When you visit this Website from a mobile device, like a smartphone, we may also collect additional information from your device, including your location, device identifier, and information about your mobile network.

  2. Purpose of Tracking Technologies

    3. We may use Tracking Technologies for a variety of purposes, including:

    1. to allow you to use and access the Website, including cookies required to prevent fraudulent activity and improve security.
    2. to assess the performance of the Website, including as part of our analytic practices or otherwise to improve the content offered through the Services.
    3. to offer you enhanced functionality when accessing the Website, including identifying and authenticating you when you visit this Website, delivering video content, or keeping track of your preferences.
    4. to deliver content relevant to your interests on the Website based on your interactions.

  3. Third Party Tracking

    4. Third parties may use Tracking Technologies in connection with marketing endeavors and other strategic objectives and enhancements to the Website, which may include the collection of information about your online activities. We may not control those Tracking Technologies and we are not responsible for these third party privacy policies or practices. You may encounter third-party Tracking Technologies in connection with use of this Website and accept that our statements under this Policy do not apply to the Tracking Technologies or practices of such third parties.

  4. Disabling Tracking Features

    5. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some, but not all instances, can be blocked by selecting certain settings. We may use Google Analytics in connection with marketing efforts to analyze Website traffic and to improve our advertising efforts. To disable Google Analytics, please download the Google Analytics Opt-out browser add-on. You also have the option to opt out of Google's use of cookies by changing your settings via Google's advertising opt-out page.

    Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies go to Adobe's Website www.adobe.com.

    Please be aware that if you disable or remove these Tracking Technologies, some parts of our Services may not function and that when you revisit this Website your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

How We Use The Information Collected

We may use your Personal Information and/or Usage Information that we collect about you subject to this Policy for the following purposes:

  • to provide you with information or services that you have requested or agreed to receive, or to provide you with marketing materials or services on behalf of us or third parties;
  • to enable you to participate in a variety of the Services' features;
  • to provide product support and account verification and maintenance;
  • to improve our Services or their functionality, or to customize your experience on this Website, or to provide specific content relevant to you;
  • to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services' policies;
  • to protect the security and integrity of our Website;
  • to comply with legal and regulatory requirements;
  • for internal business purposes; and

Sharing of Information With Third Parties

We may share non-Personal Information, such as aggregated user statistics, with third parties. If we de-identify data about you, it is not treated as Personal Information by us, and we may share it with third parties for certain business and/or commercial purposes. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described in this Policy.

When Third Parties Provide Services on Our Behalf

We may use third-party vendors to perform certain services on our behalf, such as hosting this Website, designing and/or operating this Website's features, tracking this Website's activities and analytics, and other administrative or payment processing services.

We may provide these vendors with access to your information to carry out the services they are performing for you or for us. The information may include your Personal Information and Usage Information, including Device Identifiers and data related to you and your activities.

To Protect the Rights of RailPulse and Others

To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate:

  1. To protect or defend the rights, safety or property of RailPulse or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); or
  2. To comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).

To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, without notice to you.

In the Event of a Business Transfer

We reserve the right to disclose and transfer all such information:

  1. To a subsequent owner, co-owner or operator of this Website; or
  2. In connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Policy unless you agree otherwise.

Your California Privacy Rights

This section applies solely to California consumers and addresses Personal Information we collect online and offline. If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. This section uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”). To the extent provided for by the CCPA and subject to applicable exceptions and exclusions, California residents have the following privacy rights in relation to the Personal Information we collect:

  • The right to request, twice in a 12-month period, that we disclose to you the Personal Information we have collected during the past 12 months and how we have used and disclosed that Personal Information.
  • The right to request that we delete certain Personal Information we have collected from you.
  • The right to opt out of the sale of your Personal Information.

Children Under the Age of 13

We do not knowingly collect Personal Information from children under the age of thirteen (13) such that parental notice and consent under the Children's Online Privacy Protection Act ("COPPA") would be required. If you are a child under 13 years of age, you are not permitted to use this Website and you should exit this Website immediately.

In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us at support@railpulse.com.

Information Security

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information and Usage Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Services and provide us with your information at your own risk.

To the extent permitted by applicable law, we will retain your personal information only for as long as we believe it is necessary to fulfill the purposes for which it was collected, including for the purpose of meeting any legal, accounting, or other reporting requirements or obligations.

Changes to The Privacy Policy

We may add to, update, delete from or modify our Policy at any time in our sole discretion. We may post changes or display notices of changes to the Policy on this Website. Once posted, these changes to the Policy become effective immediately.

If any change that we make is not acceptable to you, promptly stop using our Website. If you continue to use our Website, doing so is your agreement to be bound by those changes. You should check back regularly and review this Policy so that you are aware of the most current rights and obligations which apply to your agreement with us. Nothing in this Policy shall be deemed to confer any third-party rights or benefits to you.

Questions

If you have any questions or concerns, including requests to access, correct, or remove your Personal Information, please send an email to support@railpulse.com. We will attempt to answer all requests to correct or delete any data so long as we are not required to retain it by law or for legitimate business purposes.

In addition, to protect your privacy, we may require you to prove your identity before granting access to, or agreeing to update, correct or delete your Personal Information and we will only implement requests with respect to personal information about you (not anyone else).