Privacy Statement

Orca IoT Products and Services

This Privacy Statement describes information that Orca IoT and its subsidiaries and affiliates (collectively, "Orca IoT") collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).

This document focuses on information related to the operation of Orca IoT products and services, including the jobsite cameras, machinery trackers, wearables, and jobsite mobile apps (collectively, "Orca IoT Products"). In this Privacy Statement, the expression "Orca IoT Products" also includes our Web Apps, Mobile Apps, and Subscription Services as defined in our Terms of Service.

We provide additional details about how we collect and use information from our public web sites in our Privacy Policy, which is incorporated by reference here.

BY USING ORCA IOT PRODUCTS, YOU AGREE TO ALLOW US TO COLLECT AND PROCESS INFORMATION AS DESCRIBED IN THIS PRIVACY STATEMENT.

International data transfers. Your personal information may be collected, processed and stored by Orca IoT or its service providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using Orca IoT Products in the European Economic Area or other regions with laws governing data collection and use that may differ from United States law, you agree to the transfer of your personal data to the United States and other countries where Orca IoT operates. We have provided you with more information below as to how we protect your personal data when it is transferred internationally, in the section entitled, "How does Orca IoT protect my personal information when it is transferred internationally?"

What information do we collect about you?

Orca IoT collects information about you through our Site in several ways.

Information from website browsers

If you're just browsing the website, we collect the same basic information that most websites collect. We use common internet technologies, such as cookies and web server logs. The information we collect about all visitors to our website includes the visitor’s browser type, language preference, referring site, additional websites requested, and the date and time of each visitor request. We also collect potentially personally-identifying information like Internet Protocol (IP) addresses. We collect this information to better understand our website visitors, and to monitor and protect the security of the website.

We may use aggregated, non-personally identifying information to operate, improve, and optimize our website and service. This may include anonymous "traffic data" or tracking information provided by the website’s host or similar provider of such information (i.e., Google Analytics, Splunk Cloud, Splunk Enterprise, New Relic, and Loggly) that does not personally identify you, but may be helpful for marketing purposes or for improving the services we offer. Analytics is the process of collecting, analyzing, and reporting aggregate data. To learn more about these third party services, please visit https://www.google.com/analytics/learn/privacy.html; https://www.splunk.com/en_us/legal/privacy/privacy-policy.html; https://newrelic.com/termsandconditions/privacy; and https://www.loggly.com/about/privacy-policy/;

In addition, when you visit our Site, we may also log your anonymous IP addresses, a unique identifier for your computer or other access device. This helps us diagnose problems with our server, to administer our Site, or to display the content according to your preferences.

Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient. You can learn more in our Cookies Policy.

Information from customers

When you create an Account, make a purchase, or when you enter information on this Site, we may collect personal information from you including your:

  • First and last name
  • Email address
  • Phone number
  • Billing, shipping, and jobsite addresses
  • Payment information
  • Date of birth
  • Order history
  • Account name and password
  • Usernames and passwords for account access
  • IP Address

This information is collected via registration and feedback forms, when you place and order, and through our marketing channels.

If you create an Account, you will choose your own user name and password, and we will ask you for a valid email address. We use this Personal Information to identify you on the Site and to communicate with you. We use Personal Information and other data to make recommendations for you too, such as to suggest items you may want to purchase. We also maintain logs for security reasons, for training purposes, and for legal documentation. We do not collect or process a credit card number, but our third-party payment processors do. (You can find more information on what third-party payment processors we use in Section 3, below.)

Purchase and Login Information

If you purchase Orca IoT products from our Site, we request that you provide your company information, name, email address, billing and shipping address, credit card or payment information, and any other information necessary to complete the transaction. If you create an Orca IoT Account, your name, billing and shipping address and your payment information may be stored by Orca IoT. We do not collect or store your full credit card information. If you use a credit card, our processing service provider, PayPal, will collect and store full payment card information from you, even as a guest user, when an order is placed until when it ships. We may store this information for as long as reasonably necessary to complete our purchase and maintain your records.

Mailing List Information

You may choose to submit your email address via a submission form located on our Site or when you sign up for an Orca IoT account. Your email address may be used to send you news about Orca IoT-related services, surveys, products or promotions. We may use one or more service providers, including Amazon SES, Amazon WorkMail, and Amazon Pinpoint to administer these messages, but we will not share your email address with spammers or any other third parties without your permission.

Device Usage information

If you visit our Site and are logged into your Orca IoT account, we record the IP address you visit our Site from, location data, and if you have an Orca IoT device or other connected device, we record adjustments you make to the product through the website interface. We store this data along with your email address, information about your Orca IoT device, data collected directly by the device, a history of your device settings, and any other information we have collected about your use of Orca IoT products and services. We also collect:

  • Information input during setup: When you install an Orca IoT Product, you’ll be asked for certain information like your name, location (address and GPS/wifi/IP location data), power (hard wired, generator, or solar), proximity to cell towers or high voltage lines, etc.
  • Video and audio signals and data: Orca IoT Products enable you to determine the purpose and the means for which you collect video and audio signals data. When you enable the recording or streaming features of your Orca IoT Product we may record and process video and/or audio recordings from the device.
  • Facial recognition data: We process face images and underlying face prints to enable your device to recognize logged faces. Depending on where you live and how you configure the Products and Services, you may need to get explicit consent to scan the faces of people.
  • Technical information from the device: In order to improve your experience over time and help troubleshoot any problem you may encounter with Orca IoT Product, we record your Orca IoT camera model and serial number, embedded computer board model and serial number, CPU model, software and hardware versions, device uptime, cellular modem model, serial number, IMEI number, and technical information such as Wi-Fi, cellular, lora, zigbee, bluetooth/BTLE, and/or other various radio signal data, error logs, image capture logs, video capture logs, telemetry data (GPS, RFID, and/or Radio RTLS), gyroscopic motion data, temperature data, light (UV, IR and Visible and/or other bands), humidity, and barometric pressure.
  • Saved and Shared Content: Orca IoT Products enable you to determine the purpose and the means for which you save and share content. You may save and may choose to share certain content like video clips, live video streams, images, captions, and comments for other people to access using the Services. We will collect and store that information.
  • Information input during setup: When you install Orca IoT Secure, you’ll be asked for certain basic information such as address, ZIP/postal code, the location of where you’ve installed your Product, etc.

Data protection and privacy laws in your state or country may impose certain responsibilities on you and your use of Orca IoT Products. You (not Orca IoT) are responsible for ensuring that you comply with any applicable laws when you use Orca IoT Products. For example, you may need to display a notice that alerts visitors to your construction site that you are using a camera and/or obtain their explicit consent depending on the purpose and the means of your processing activities. Please note, recording and sharing clips that involve other people, public spaces and/or scans of peoples’ faces may affect individuals’ privacy and data protection rights.

What additional information does Orca IoT collect and store when a user connects an Orca IoT Product to the Internet or creates an account?

  • Amazon Web Services: Our Product and Services are built on Amazon Web Services (AWS). During setup, the Orca IoT Product will connect to the Internet through a cellular modem, wifi, or through a hard-wired Internet connection. It will save this information on the device, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with Orca IoT servers and download software updates.
  • Additional Authorized Users: Orca IoT may provide you with the ability to enable additional authorized users to access your account. If you do so, the additional authorized users may control and view all of your devices, content, and Works with Orca IoT connections. Invited users may also add additional authorized users to your account, so be careful to add only those you trust. An invited user must have or create an Orca IoT account, and information about invited users (like email address, name or changes to product settings) will be stored with your account.
  • Email Addresses: When you create an Orca IoT account, we collect and store your email address. From that point forward, your email address is used for communications from Orca IoT. In addition, Orca IoT may provide you with the ability to enable individuals to access your account as additional authorized users, or to invite other individuals such as friends or family to share access to your content such as recorded video footage. We will ask you for the email address of any such individuals and automatically send an email invitation on your behalf. Orca IoT stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation services.

Remember that when you visit our Sites, we collect personal information as described in our separate Privacy Policy for Orca IoT Web Sites. Like most Internet sites, we routinely record log entries (including information such as your IP address) and technical information (such as your browser type and version) when your browser, mobile device or Orca IoT Product contacts our servers.

How does Orca IoT use the information it collects?

We use this information to provide, develop and improve Orca IoT products and services, including to make assessments and recommendations about products, safety, or use. We may use your contact details to send you this information, or to ask you to participate in surveys about your Orca IoT use, and to send you other communications from Orca IoT.

We may also use this information in a non-identified form for research purposes and to help us make sales, marketing, and business decisions. For example, we use aggregated user information about length of time a particular project may take to complete. We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.

We use industry-standard methods to keep this information safe and secure while it is transmitted over the network and through the Internet to our servers. Depending on your location and type of data, Orca IoT may process your personal information on servers that are not in your home country.

Our legal bases for processing information

If European data protection law applies to the processing of your information, we process your information for the purposes described in this Privacy Statement, based on the following legal grounds:

When we’re providing a product or service

We process your data to provide and support a product or service you’ve asked for under a contract, including but not limited to delivering our Terms of Use.

When we’re pursuing legitimate interests

We process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. This means we process your information for things like:

  • offering and improving Orca IoT products and services
  • developing new products and features
  • understanding how people use our products and services
  • performing research that improves our services for our users and benefits the public
  • sending you direct marketing and other communications from Orca IoT
  • protecting against harm to the rights, property, and safety of Orca IoT, our users, and the public
  • detecting, preventing or otherwise addressing fraud, abuse, security or technical issues with our services
  • maintaining and improving the integrity of our computing systems, and protecting our users’ data security
  • enforcing legal claims, including investigation of potential violations of applicable Terms of Use

When we’re complying with legal obligations

We process your data when we have a legal obligation to do so, for example, if we’re responding to a legal process or an enforceable governmental request.

With your consent

We ask for your consent to process your information for certain specific purposes and give you the right to withdraw that consent at anytime.

How we use and share the information we collect

The following are the limited situations where we may share personal information:

  • With your permission: We may share personal information when we have your permission and as described herein. Orca IoT will request your consent to these exchanges on your behalf and you can change your mind at any time. When you use third-party services integrated with the Orca IoT Products, their own terms and privacy policies will govern those services.
  • For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems. These technicians (as well as Orca IoT employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for non-Orca IoT purposes.
  • As part of business transitions: Orca IoT may choose to buy or sell assets. In these types of transactions, information about our customers as well as aggregated and anonymized data is typically one of the business assets that is transferred. Moreover, if Orca IoT, or substantially all of its assets, are acquired, user information would be one of the assets that is reviewed and transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Orca IoT may continue to use your personal information as set forth in this Privacy Policy.
  • For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with state and federal laws (or the applicable laws of foreign countries other than the United States). We do share aggregated, non-personally identifying information with third parties. For example, in the event of a security incident, we may share the number of times a particular file was accessed. In complying with court orders and similar legal processes, we strive for transparency. When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion.
  • With our partners: We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish trends. This information may also be shared with other users to help them better productivity, raise awareness about safety issues, or help us generally improve our system. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.
  • Third-Party Sites and Features: Our Site may contain links to other websites operated by third parties. These third-party sites may collect information about you if you click on a link. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. We do not control what information these third parties collect. Please review your privacy settings on your social media sites and think carefully before clicking on links which may take you to a third-party website.

What information you can access and control

Generally, we will retain Personal Information for as long as your account is active or as needed to provide you services. We may retain certain Personal Information indefinitely, unless you delete it or request its deletion. For example, we don’t automatically delete inactive user accounts, so unless you request deletion of your account, we will retain your account information indefinitely. You can request deletion of an inactive account by contacting our customer service team.

You also have the following choices:

  1. If you no longer wish to receive emails from our team, you can opt-out or to unsubscribe at support@orcaiot.com or by calling our customer service team at 1 (833)-672-2468. If you have multiple email addresses, you will need to opt-out for each individual address in order to be removed from our active database.
  2. Your browser may offer the ability to block or delete cookies from your device. Please follow your individual browser’s instructions on how to block and clear cookies.

Orca IoT generally stores your personal information on Orca IoT’s servers until you delete or edit it, or for as long as you remain an Orca IoT customer in order to provide you with Orca IoT services and products.

Individual Rights in the European Economic Area.

If you are located in the European Economic Area, you may seek confirmation regarding whether Orca IoT is processing personal information about you, request access to your personal information and ask that we correct, amend or delete your personal information. In addition, you may object to Orca IoT’s processing of your personal information at any time. However, doing so may impact your use of the Product and Services.

If applicable law provides you the right to request access to, (receive) port, object to or restrict processing, seek rectification or request erasure of personal information held about you by Orca IoT, you may do so, as applicable, through controls in the Orca IoT application or by contacting Orca IoT.

How does Orca IoT protect my personal information when it is transferred internationally?

When we transfer personal data from the European Economic Area and Switzerland to other countries, including to the United States, we use a variety of legal mechanisms to help ensure your data is appropriately protected. Orca IoT Inc. complies with the EU-US Privacy Shield Framework and the Swiss–US Privacy Shield Framework (the "Privacy Shield") regarding the collection, use, sharing, and retention of personal information from the European Economic Area and Switzerland to the United States, as described in our Privacy Shield certification. Orca IoT adheres to the principles contained in the Privacy Shield (the "Principles").

As part of our participation in Privacy Shield, if you have a dispute with us about our adherence to the Principles, you may refer a complaint to your local data protection authority and we will work with them to resolve your concern. (In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.) If you have a Privacy Shield-related complaint, please contact us at support@orcaiot.com.

Privacy Shield participants are subject to the investigatory and enforcement powers of the US Federal Trade Commission and other authorized statutory bodies. Under certain circumstances (i.e. personal data sharing under the Onward Transfer Principle with third parties for external processing on our behalf), participants like us may be liable for the transfer of personal information from the EU to third parties outside the EU. Learn more about Privacy Shield here.

We may share, as described in this Privacy Statement, information with our affiliates and subsidiaries, and third parties. We may disclose information in response to legal process and lawful requests by public authorities in the United States and other countries for the purposes of law enforcement and national security.

Minors.

Only individuals aged 18 and older are permitted to act as Owners of Orca IoT Accounts. Authorized Users must be over the age of 16 (or equivalent minimum age in the jurisdiction where they reside) and may use the Products and Services under the supervision of a parent or legal guardian and only if they agree to be bound by these Terms on your behalf. Orca IoT Products and Services do not knowingly collect or store any personal information from anyone under the age of 16.

How we handle updates to this Policy.

We may change our Privacy Notice from time to time. We will provide notification to you of material changes to this Privacy Notice through our Website or by sending an email to the primary email address specified in your account.

How to contact us

If you have any questions or comments relating to the Site or this Privacy Notice, you can submit a question on our Site, send an email to support@orcaiot.com, or by calling our customer service team at 1 (833)-672-2468

Last Updated: September 11, 2019