Privacy Policy

In order to provide you and your employer with personalized workflow software solutions (the “MaintainX Service”), MaintainX Inc. and its subsidiaries and affiliates (collectively, “MaintainX”) needs you to provide us with certain Personal Information (defined below) about yourself. We take the privacy of this Personal Information very seriously. We provide this policy (“Privacy Policy”) so that you can understand how we collect Personal Information from you, what Personal Information we collect, and how we use the Personal Information you provide.

Last Modified: September 29th, 2020; This Privacy Policy is effective as of date last modified.

From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. Please revisit this Privacy Policy to stay updated on any changes. We will notify you by email (sent to the email address specified in your profile) of any material changes to our use of your Personal Information.

This Privacy Policy applies to information provided to us about or relating to you, and from which, either alone or when connected with other information to which we may have access, you can be individually identified (“Personal Information”). That Personal Information is described in more detail below.

If you are an employee or contractor of a customer of MaintainX, please note that the MaintainX customer may collect and store Personal Information about you on the MaintainX Service. This MaintainX customer information is under the control of that customer. If you have any questions about how your Personal Information has been processed by the MaintainX customer, please contact that customer and/or review their privacy policies. MaintainX offers the MaintainX Service as a service provider to its customers and does not have the authority to remove or change a customer’s information without that customer’s approval.

MaintainX Privacy Principals

MaintainX follows these principals in order to protect your privacy:

We do not collect any more Personal Information about you than is necessary;
Unless you agree otherwise, we only use your Personal Information for the purposes we specify in this Privacy Policy;
We do not keep your Personal Information if it is no longer needed; and
Other than as we specify in this Privacy Policy, we do not share your Personal Information with third parties.

This Privacy Policy addresses the following questions:

What is the Personal Information that we collect and how is it collected?
Why do we collect Personal Information?
How do we use Personal Information?
With whom do we share Personal Information?
How do we secure your Personal Information?
How do we transfer your Personal Information?
What are your rights regarding your Personal Information?
How long do we retain Personal Information?
Whom do I contact if I have questions or concerns?
Additional Terms.

1. What is the Personal Information that we collect and how is it collected?

(a) Personal Information provided by you. We collect Personal Information by asking you questions about yourself as an employee, service repair person, or contractor, as well as your contact information. We will use this information to create your MaintainX profile (“MaintainX Profile”). You may also provide us with Personal Information through any website mobile application provided to you by MaintainX. In addition to this information, we also collect certain Personal Information for administration of the MaintainX Service, including account credentials and payment information, although please note that payment card information is stored and maintained by our third-party payment processors.

(b) Personal Information automatically collected. While you use the MaintainX Service, we automatically record information that your browser sends whenever you visit our website or mobile software application. For example, we may receive: the name of the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you are using, the date and time you access our Service, and certain device information (e.g., type of device, operating system). We use this information to measure the usage of our Service, to understand how to serve you better, and to assist with our analytics, security, and error handling. For more information about the technology we use as part of this automatic collection of personal information, please see our Cookie Policy.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

(c) Outside sources. We may periodically collect Personal Information about you from business partners, contractors, and other third parties. This includes, but is not limited to, instances in which you affirmatively authorize those third parties to provide us with Personal Information.

2. Why do we collect Personal Information?

We collect your Personal Information to provide you with the MaintainX Service and to administer our business. It allows us to provide you with easy access to our products and services, with a particular focus on the items and programs that may be of most interest to you. Your Personal Information also allows us to communicate with you about special offers, promotions, and other marketing programs and news that may be of interest to you.

We may process or share Personal Information in reliance on the following legal bases:

Consent: We may process your Personal Information if you have given us specific consent to use your Personal Information in a specific purpose.
Legitimate Interests: We may process your Personal Information when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract.
Legal Obligations: We may disclose your Personal Information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your Personal Information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

3. How do we use Personal Information?

MaintainX uses your Personal Information to provide you with the MaintainX Service, to provide you with a superior customer experience, and to administer our business. We use your Personal Information to:

● Create a MaintainX Profile you can log into from any device;

● Provide you with insights and recommendations;

● Provide you with special offers, promotions, and other marketing programs and news that may be of interest to you;

● Answer questions you ask of us regarding the MaintainX Service or recommendations;

● Communicate with you regarding security, privacy, and administrative issues;

● Validate you are of legal age to use the MaintainX Service;

● Test and improve our systems and the MaintainX Service; and

● Manage our business.

Non-personal data is used as described above and in other ways as permitted by applicable laws, including combining non-personal data with personal data.

4. With whom do we share Personal Information?

Protecting the privacy and security of your Personal Information is a priority at MaintainX. EXCEPT AS OTHERWISE DESCRIBED IN THIS PRIVACY POLICY, MAINTAINX DOES NOT SELL OR RENT YOUR PERSONAL INFORMATION TO THIRD PARTIES.

MaintainX may share a copy of your MaintainX Profile, which may include your email address (if provided) with: (i) our customers, so they can better personalize their service and maintenance programs and schedules (sharing of your MaintainX Profile with another organization is subject to your control); (ii) service providers, subcontractors, and agents who perform services on our behalf; and (iii) to third parties in certain business relationships, such as, but not limited to, co-branded offerings where we may offer a service or feature that is co-branded by MaintainX and the third party. If you provide Personal Information in connection with a co-branded service or feature, that Personal Information may be shared between MaintainX and the third party. MaintainX’s treatment of that Personal Information is governed by this Privacy Policy, but the third party’s treatment of your Personal Information will be subject to the third party’s privacy policy.

Some of our service providers provide analytics or advertising services on our behalf. This may include using cookies, either along or in conjunction with other tracking technologies, to provide their services. This may include providing interest-based advertising either on the MaintainX Service or on other websites. For more information regarding your rights relating to these types of services, please review our Cookie Policy.

In addition, MaintainX may share any of your Personal Information with third parties as follows:

Law Enforcement Officials and as Required by Law. MaintainX may release any or all of your Personal Information to third parties when we determine, in our reasonable judgment, that it is necessary to (a) comply with the law, regulation, legal process, or enforceable governmental request; (b) enforce or apply the terms of any of our policies or user agreements; or (c) protect the rights, property or safety of MaintainX, our employees, our customers, users, or others.
Sales, Mergers, and Acquisitions. If MaintainX becomes involved in a merger, acquisition, or any form of sale of some or all of its business or assets, your Personal Information may be provided to the entities and advisors involved, and your Personal Information may be transferred to a third party in connection with consummation of any such transaction. We will provide notice if your Personal Information becomes subject to a different privacy policy as a result of any such transaction.

5. How do we secure your Personal Information?

We take appropriate security measures, including physical, technological, and procedural measures, to help to safeguard your Personal Information and to prevent unauthorized access and disclosure. In addition, we use industry-standard technology, such as edge-protection devices and encryption in the transmission of certain sensitive Personal Information, designed to prevent unauthorized persons from gaining access to your Personal Information and MaintainX Profile, and, as technology develops, we intend to take additional measures to improve security. No method of transmission over the Internet, or method of electronic storage, however, is 100% secure. Therefore, we cannot guarantee its absolute security.

6. How do we transfer your Personal Information?

We operate globally and may transfer your Personal Information and MaintainX Profile to individual companies and customers of MaintainX as part of the MaintainX Service. If you are interacting with MaintainX from outside the United States and provide us with any Personal Information, please note, in order for us to provide the MaintainX Service or otherwise communicate with you as set forth in this Privacy Policy, it will be necessary for your Personal Information to be transferred, stored, and processed within the United States. The data protection laws in the United States may not be as comprehensive as those in your country. However, wherever your Personal Information is transferred, stored, or processed by us, we will take steps as required by applicable law to ensure adequate levels of protection for your Personal Information.

If you are a customer located in the EU, please review and agree to the terms of our Data Processing Agreement available here: MaintainX DPA.

7. What are your rights regarding your Personal Information?

When you interact with our Service in certain ways, you may be eligible to receive certain marketing-related and promotional communications as well as special offers (collectively “Promotional Communications”) from MaintainX or third parties with whom MaintainX has a business relationship and those communications may include advertisements. The most common of these circumstances may include:

Creating a MaintainX Profile
Signing up to receive newsletters or email notices
Entering a sweepstakes or a contest

If, at any time, you wish to no longer receive Promotional Communications from MaintainX, you will be able to follow instructions provided with the Promotional Communication or within our Service in connection with Promotional Communications. Even if you opt-out of receiving Promotional Communications, you may continue to receive e-mails relating to MaintainX Profile update Personal Information, and/or other security or business-related communications. Although the primary purpose of these emails is not to provide you with promotional material, they may contain within them some promotional material.

MaintainX provides you with the ability to access, correct, change or delete the Personal Information in your MaintainX Profile at any time. Please be advised that MaintainX may periodically archive Personal Information it has collected and there may be times that such archived information cannot be permanently removed from our systems.

Additionally, if you are resident in the European Economic Area, you have the following rights regarding your Personal Information:

Review, correct, and delete your personal information: If you would at any time like to review, correct, or delete the personal information that we hold about you or terminate your account, you can contact us using the contact information provided. Upon your request to terminate your account or delete your Personal Information, we will deactivate or delete your account and Personal Information from our active databases. Please note that some Personal Information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Revoke consent: Where we process your Personal Information on the basis that you have consented to such processing, you have the right to withdraw your consent at any time by unsubscribing or contacting us.
Complain to your local supervisory authority: You have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://edpb.europa.eu/about-edpb/board/members_en.

Additional rights: In addition to the above, you may also ask us to object to or restrict processing of the Personal Information we have about you. You may ask us to transfer your Personal Information to a third party in certain circumstances. You also have the right not to be subject to decision-making based solely on automated processing in certain circumstances. If you would like any other information on these aspects of your rights, please contact us.

8. How long do we retain Personal Information?

We will only keep your Personal Information for as long as necessary to carry out our services or as long as we are required by law. Generally, unless otherwise required by applicable law, if a user or an organization is inactive for more than three years, we will delete the Personal Information associated with the applicable account. However, we cannot remove your Personal Information when there is a legal storage requirement such as book keeping rules, or when there is a legal ground or obligation to keep the Personal Information, such as an on-going contractual relationship.

9. Whom do I contact if I have questions or concerns?

If you have any questions about this Privacy Policy, please contact us at [email protected] or call customer service at 510-495-0974. If you would like to report a Security concern about any of our products, please contact us at [email protected].

10. Additional Terms

Children’s and Minors’ Privacy. The MaintainX Service is not intended for minors, in particular, children under the age of 18. MaintainX does not market to or knowingly collect Personal Information from anyone under the age of 18. Children should always get permission from their parents before sending any Personal Information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.

Please be advised that whenever you click on links and banners that take you to a third-party website, you will be subject to the third party’s privacy policies, not MaintainX’s. This Privacy Policy applies solely to Personal Information collected by MaintainX.

If you are a resident of California, you are entitled to request and obtain from us once a calendar year information about the Personal Information we have shared, if any, with other businesses for their own direct marketing use. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2021 will receive information regarding 2020 sharing activities). To obtain this information please send an email message to [email protected] with “Request for California Privacy Information” in the header of your message. Please note that only information regarding the sharing of Personal Information with third parties for their own direct marketing uses is covered by this requirement.

By doing business with or interacting with MaintainX in the manner described in this Privacy Policy at any time on or after the effective date noted above, you are accepting the practices described in this Privacy Policy and you expressly consent to the application of this Privacy Policy to the collection, storage, use and disclosure of your Personal Information as described and subject to your rights under applicable law.