PRIVACY POLICY

Lastupdated August 1, 2022

 

This privacy policy for W EnergySoftware, Inc. ( "Company", " we", " us", or " our"),describes how and why we might collect, store, use, and/or share (" process") your information when you useour services (" Services"), such aswhen you:

 

●        Download and use our mobile application (JOYN),or any other application of ours that links to this privacy policy

 

●        Engage with us in other related ways, includingany sales, marketing, or events

 

Questionsor concerns? Reading this privacy policy will help you understand yourprivacy rights and choices. If you do not agree with policies and practices,please do not use our Services. If you still have questions or concerns, please contact us at privacy@wenergysoftware.com.

 

1. WHATINFORMATION DO WE COLLECT?

Personal information you disclose to us

 

In Short : We collect personal information you provide to us.

 

We collect personal information that youvoluntarily provide to us when you register on the Services, express interestin obtaining information about us or our products and Services, when youparticipate in activities on the Services, or otherwise when you contact us. California residents should review Section 8,addressing the specific categories of data collected.

 

PersonalInformation Provided by You . The personal information that we collectdepends on the context of your interactions with us and the Services, thechoices you make, and the products and features you use. The personalinformation we collect may include the following:

 

●        names

●        email addresses

●        mailing addresses

●        job titles

●        usernames

●        passwords

●        contact preferences

●        contact or authentication data

●        phone numbers

 

SensitiveInformation . We do not process sensitive information.

 

Location Data. For users of the JOYN application, wetrack location-based information from your mobile device while you are on shiftto determine which company sites you have visited throughout the day. We also may request access or permission totrack other location-based information from your mobile device, eithercontinuously or while you are using our mobile application(s), to provide otherlocation-based services. If you wish to change our access or permissions, youmay do so in your device's settings.

 

OtherApplication Data. If you use our application(s), including JOYN, we also maycollect the following information if you choose to provide us with access orpermission:

 

 

●        Mobile DeviceAccess. We may request access or permission to certain features fromyour mobile device, including your mobile device's storage, camera, and otherfeatures. If you wish to change our access or permissions, you may do so inyour device's settings.

 

●        PushNotifications. We may request to send you push notifications regardingyour account or certain features of the application(s). If you wish to opt outfrom receiving these types of communications, you may turn them off in yourdevice's settings.

 

The information is primarily needed tomaintain the security and operation of our application(s), for troubleshooting,and for our internal analytic and reporting purposes.

 

All personal information that youprovide us must be true, complete, and accurate, and you must notify us of anychanges to such personal information.

2. HOW DO WEPROCESS YOUR INFORMATION?

In Short : We process your information to provide, improve, and administer ourServices, communicate with you, for security and fraud prevention, and tocomply with law. We may also process your information for other purposes withyour consent.

 

Weprocess your person information for a variety of reasons, depending on how youinteract with our Services, including:

 

●        To facilitateaccount creation and authentication and otherwise manage user accounts . We may processyour information so you can create and log in to your account, as well as keepyour account in working order.

●        To deliver andfacilitate delivery of services to the user. We may process yourinformation to provide you with the requested service.

 

3. WHAT LEGALBASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short : We only process your personal information when we believe it isnecessary and we have a valid legal reason ( i.e. legalbasis) to do so under applicable law, like with your consent, to comply withlaws, to provide you with services to enter into or fulfill our contractualobligations, to protect your rights, or to fulfill our legitimate businessinterests.

 

If you are located in Canada, this section applies to you.

 

We may process your information if youhave given us specific permission (i.e., express consent) to use your personalinformation for a specific purpose, or in situations where your permission canbe inferred (i.e., implied consent). You can withdraw your consent at any time.

 

In some exceptional cases, we may belegally permitted under applicable law to process your information without yourconsent, including, for example:

 

●        For investigations and fraud detection andprevention

 

●        For business transactions provided certainconditions are met

 

●        If it is contained in a witness statement andthe collection is necessary to assess, process, or settle an insurance claim

 

●        If disclosure is required to comply with asubpoena, warrant, court order, or rules of the court relating to the productionof records

 

4. WHEN ANDWITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short : We may share information in specific situations described in thissection and/or with the following third parties.

 

We may need to share personalinformation in the following situations:

 

●        BusinessTransfers. We may share or transfer your information in connection with, orduring negotiations of, any merger, sale of company assets, financing, oracquisition of all or a portion of our business to another company.

 

●        Affiliates. We may shareyour information with our affiliates, in which case we will require thoseaffiliates to honor this privacy notice. Affiliates include our parent companyand any subsidiaries, joint venture partners, or other companies that wecontrol or that are under common control with us.

 

●        BusinessPartners. We may share your information with our business partners tooffer you certain products, services, or promotions.

 

5. HOW LONG DOWE KEEP YOUR INFORMATION?

In Short : We keep your information for as long as necessary to fulfill thepurposes outlined in this privacy notice unless otherwise required by law.

 

We will only keep your personalinformation for as long as it is necessary for the purposes set out in thisprivacy notice, unless a longer retention period is required or permitted bylaw (such as tax, accounting, or other legal requirements). No purpose in thisnotice will require us keeping your personal information for longer than the period of time in which users have an account with us.

 

When we have no ongoing legitimatebusiness need to process your personal information, we will either delete oranonymize such information, or, if this is not possible (for example, becauseyour personal information has been stored in backup archives), then we willsecurely store your personal information and isolate it from any furtherprocessing until deletion is possible.

 

6. HOW DO WEKEEP YOUR INFORMATION SAFE?

In Short : We aim to protect your personal information through a system oforganizational and technical security measures.

 

We have implemented appropriate andreasonable technical and organizational security measures designed to protectthe security of any personal information we process. However, despite oursafeguards and efforts to secure your information, no electronic transmissionover the Internet or information storage technology can be guaranteed to be100% secure, so we cannot promise or guarantee that malicious threat actors,cybercriminals, and other unauthorized third parties will not be able to defeatour security and improperly collect, access, steal, or modify your information.Although we will do our best to protect your personal information, transmissionof personal information to and from our Services is at your own risk. Youshould only access the Services within a secure environment.

7. WHAT AREYOUR PRIVACY RIGHTS?

 

In Short : In some regions, such as Canada, you have rights that allow yourgreater access to and control over your personal information. You may review,change, or terminate your account at any time.

 

In some regions (like Canada), you havecertain rights under applicable data protection laws. These may include theright (i) to request access and obtain a copy of your personal information,(ii) request rectification or erasure; (iii) to restrict the processing of yourpersonal information; and (iv) if applicable, to data portability. In certaincircumstances, you may also have the right to object to the processing of yourpersonal information. You can make such a request by contacting us by using thecontact details provided in the section " HOWCAN YOU CONTACT US ABOUT THIS NOTICE?" below. Individuals who reside in California shouldreview Section 8,

 

We will consider and act upon anyrequest in accordance with applicable data protection laws.

 

8. DOCALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

 

In Short : Yes, if you are a resident of California, you are granted specificrights regarding access to your personal information.

 

CCPAPrivacy Notice

 

The California Code of Regulationsdefines a "resident" as:

 

(1)     everyindividual who is in the State of California for other than a temporary ortransitory purpose and

(2)     everyindividual who is domiciled in the State of California who is outside the Stateof California for a temporary or transitory purpose

 

All other individuals are defined as"non-residents."

 

If this definition of "resident" appliesto you, we must adhere to certain rights and obligations regarding yourpersonal information.

 

Whatcategories of personal information do we collect?

 

We have collected the followingcategories of personal information in the past twelve (12) months:

 

Category

Examples

Collected

 

 

 

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name

 

 

 

YES

B. Personal information categories listed in the California Customer Records statue

Name, contact information, education, employment, employment history, and financial information

 

YES

C. Protected classification characteristics under California or federal law

 

Gender and date of birth

 

NO

 

D. Commercial information

Transaction information, purchase history, financial details, and payment information

 

YES

E. Biometric Information

Fingerprints and voiceprints

NO

 

 

F. Internet or other similar network activity

Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements

 

 

YES

G. Geolocation data

Device location

YES

H. Audio, electronic, visual, thermal, olfactory, or similar information

Images and audio, video or call recordings created in connection with our business activities

 

YES

 

 

I. Professional or employment-related information

Business contact details in order to provide you our services at a business level or job title, work history, and professional qualifications if you apply for a job with us

 

 

YES

J. Education Information

Student records and directory information

NO

K. Inferences drawn from other personal information

Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual's preferences and characteristics

 

 

NO

 

We may also collect other personal informationoutside of these categories in instances where you interact with us in person,online, or by phone or mail in the context of:

 

●        Receiving help through customer support channels;

 

●        Participation in customer surveys or contests,and

 

●        Facilitation in the delivery of our Servicesand to respond to your inquiries.

 

Howdo we use and share your personal information?

 

More information about our data collection and sharing practicescan be found in this privacy notice.

 

You may contact us by email at ccpa@wenergysoftware.com, or byreferring to the contact details at the bottom of this document.

 

If you are using an authorized agent to exercise your right toopt out we may deny a request if the authorized agentdoes not submit proof that they have been validly authorized to act on yourbehalf.

 

Will your informationbe shared with anyone else?

 

We may disclose your personal information with our serviceproviders pursuant to a written contract between us and each service provider.Each service provider is a for-profit entity that processes the information onour behalf.

 

We may use your personal information for our own businesspurposes, such as for undertaking internal research for technologicaldevelopment and demonstration. This is not considered to be "selling"of your personal information.

 

W Energy Software, Inc. has not disclosed or sold any personalinformation to third parties for a business or commercial purpose in thepreceding twelve (12) months. W Energy Software, Inc. will not sell personalinformation in the future belonging to website visitors, users, and otherconsumers.

 

Your rights withrespect to your personal data

 

Right to request deletion of the data - Request to delete

 

You can ask for the deletion of your personal information. Ifyou ask us to delete your personal information, we will respect your requestand delete your personal information, subject to certain exceptions provided bylaw, such as (but not limited to) the exercise by another consumer of his orher right to free speech, our compliance requirements resulting from a legalobligation, or any processing that may be required to protect against illegalactivities.

Right to be informed - Request to know

 

Depending on the circumstances, you have a right to know:

 

●        whether we collect and use your personal information;

 

●        the categories of personal information that we collect;

 

●        the purposes for which the collected personalinformation is used;

 

●        whether we sell your personal information tothird parties;

 

●        the categories of personal information that wesold or disclosed for a business purpose;

 

●        the categories of third parties to whom thepersonal information was sold or disclosed for a business purpose; and

 

●        the business or commercial purpose forcollecting or selling personal information.

 

In accordance with applicable law, we are not obligated toprovide or delete consumer information that is de-identified in response to aconsumer request or to re- identify individual data to verify a consumerrequest.

 

Right to Non-Discrimination for the Exercise foa Consumer's Privacy Rights

 

We will not discriminate against you ifyou exercise your privacy rights.

 

Other privacy rights

 

●        You may object to the processing of yourpersonal information.

 

●        You may request correction of your personaldata if it is incorrect or no longer relevant, or askto restrict the processing of the information.

 

●        You can designate an authorized agent to make arequest under the CCPA on your behalf. We may deny a request from an authorizedagent that does not submit proof that they have been validly authorized to acton your behalf in accordance with the CCPA.

 

●        You may request to opt out from future sellingof your personal information to third parties. Upon receiving an opt-outrequest, we will act upon the request as soon as feasibly possible, but nolater than fifteen (15) days from the date

 

To exercise these rights, you cancontact us by email at ccpa@wenergysoftware.com, or by referring to the contactdetails at the bottom of this document. If you have a complaint about how wehandle your data, we would like to hear from you.

 

 

9. DO WE MAKEUPDATES TO THIS NOTICE?

 

In Short : Yes, we will update this notice as necessary to stay compliant withrelevant laws.

 

We may update this privacy notice fromtime to time. The updated version will be indicated by an updated "Revised"date and the updated version will be effective as soon as it is accessible. Ifwe make material changes to this privacy notice, we may notify you either by prominentlyposting a notice of such changes or by directly sending you notification. Weencourage you to review this privacy notice frequently to be informed of how weare protecting your information.

 

10. HOW CAN YOUCONTACT US ABOUT THIS NOTICE?

 

If you have questions or comments about this notice, you maycontact our Director of Compliance, Shawn McCutchin,by email at DPO@WEnergySoftware.com, by phone at 1-877-472-9600, or by post to:

 

W Energy Software, Inc.

Attn: Data Protection Officer (DPO)

1 W 3rd Street

Suite 1115

Tulsa, OK 74103

United States

 

11. HOW CAN YOUREVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

 

Based on the applicable laws of yourcountry, you may have the right to request access to the personal informationwe collect from you, change that information, or delete it. To request toreview, update, or delete your personal information, please send an email to privacy@wenergysoftware.com