Privacy Policy

Privacy Notice

This Privacy Notice was last updated on May 24, 2024.

We Enerlly Inc. doing business as CarbonMinus® (hereinafter referred to as “CarbonMinus®”, “Company”, “we,” “us,” or “our”) are owners the website, available on https://carbonminus.com/ (“Website”). The Website showcases our offerings. We have developed software which is offered as SaaS on a subscription basis for energy and resources conservation and sustainability management, hosted on third-party or customer servers (the “Software”). The Software facilitates   energy analytics, resources management, audits, IoT management, loss quantification, ISO50001 preparedness, energy efficiency, and asset management capabilities. For ease of reference, the Website and Software are collectively called the (“Platform”).

CarbonMinus® respects the data privacy rights of individuals and has prepared this Privacy Notice in line with its commitment to privacy and personal data protection. This Privacy Notice (“Privacy Notice”) sets forth how we collect, use and protect the personal data collected on this Platform.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY CLICKING ON THE CONSENT CHECK BOX, AND BY PROVIDING US PERSONAL DATA, YOU CONSENT TO OUR USE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY NOTICE. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL DATA ON THE PLATFORM. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL AT privacy@carbonminus.com 

IF YOU ARE ACCESSING THE PLATFORM ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY NOTICE AND, IN SUCH AN EVENT YOUR USE OF THE PLATFORM SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE PERSONAL DATA OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, THEN YOU SHOULD REFRAIN FROM USING THE PLATFORM.

This Privacy Notice is an electronic record complaint and construed in accordance with data protection laws of the applicable jurisdictions.

1. Definitions

1. “Personal Data” means any information/ data that relates to an identified or identifiable natural person.
2. “User(s)”, “you”, “your” shall mean individuals that visit/use/access the Website.
3. “Customer” shall mean an entity, organization, individual who purchases, subscribes, uses, accesses the Software.
4. “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
5. “Processor” means a natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Controller.

2. Personal Data Collection

We may receive your Personal Data in the following cases:

1. Website: We may receive your Personal Data when you provide your information on the ‘Contact Us’ page or request a demo page of our Website, including but not limited to your name, company name, email address, contact number and any other information you provide.
2. Newsletter: We will receive your Personal Data such as your email address, when you sign up for our newsletter.
3. Account creation: Customers may provide us with their Personal Data when Customers create an account for accessing the Software, including your name, email address, contact number and any other information as necessary.

3. Cookies

We use cookies and/or similar in-house and third-party tracking tools to track user traffic patterns. Tracking tools also used are beacons, tags and scripts to collect and track information and to improve and analyze our Website. You may choose to disable cookies through your browser settings. For more information, please refer to our cookie policy here <link>.

4. Accuracy of information

The User/Customers undertakes that they shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Data shared with us whether of its own or any third party. In the event the User/Customers is sharing any Personal Data on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Data with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User/Customers understands and acknowledges that such Personal Data shall be subject to the terms and conditions of this Privacy Notice.

5. How we use your Personal Data

We use the Personal Data for the following purposes:

1. to inform you about our offerings and to respond to your requests;
2. to operate and deliver the services you have requested.
3. to provide you with a better experience when you access our Platform 
4. to send you tips, alerts and warning over your phone, WhatsApp and/or email etc.
5. to maintain and manage our Platform;
6. to provide support for operations;
7. to manage our relationship with you;
8. for internal record keeping;
9. and to comply with our legal or statutory obligations.

6. How we share your Personal Data

We do not sell, rent, share, distribute, lease or otherwise provide your Personal Data to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Data in the following cases:

1. Affiliates: We may provide your Personal Data to our affiliates to enable them to improve the services, provide feedback and respond to their queries.
2. Service Providers: We may share your Personal Data with the service providers who work with us in connection with operating the Platform and/ or providing the services for statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Notice.
3. Merger or Acquisition: We may transfer your Personal Data if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the Platform, to a third party. Any such third party or resultant entity that receives your Personal Data shall have the right to continue to use your Personal Data in line with the purposes set out herein.
4. Safety, Legal and Regulatory Authorities: We may disclose your Personal Data if we believe that we are required to do so: (a) by law; (b) to comply with legal process or governmental requests; (c) to enforce our agreements; (d) to protect our operations; (d) to protect the rights, privacy, safety or property of the Company, you or others; (e) to protect our reputation and (f) to permit us to pursue available remedies or limit the damages that we may sustain.

7. Your Rights.

You have the following rights under the applicable data privacy laws:

• right to access Personal Data in our possession, 

• right to have us rectify or modify any such Personal Data, 

• right to have us erase/delete your Personal Data, 

• right to restrict us from processing such Personal Data, 

• right to object to our use of Personal Data, 

• withdraw consent at any time where we are relying on consent to process Personal Data.

Depending on the nature of the request, we may ask you to complete a Personal Data request form or seek certain details to verify the request. All requests for Personal Data will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please contact privacy@carbonminus.com  

For Indian Visitors

The residents of India can exercise the following rights with respect to Personal Data and request information related to processing of Personal Data:

1. Right to Access;
2. Right to Correction and Erasure;
3. Right of Grievance Redressal: residents of India have the right to have readily available means of grievance redressal mechanisms provided by Company for any acts and omissions of Company regarding the handling of individuals’ personal data or the exercise of their rights.
4. The residents can also approach Data Protection Board of India (DPBI), in case the Company fails to resolve any privacy-related grievances, disputes and issues of the residents. 

5.  Right to Nominate: residents of India have the right to nominate another individual, who will exercise these rights on their behalf in case of any resident’s death or incapacity.

8. Information For EU And UK Visitors 

Residents of the European Union (“EU”) and United Kingdom (“UK”) should note that this Privacy Notice has been updated in accordance with the requirements of the EU General Data Protection Regulation (the “GDPR”) and the UK GDPR, the United Kingdom Data Protection Act 2018, the Privacy and Electronic Communications Regulations, and any regulation superseding any of the foregoing (“UK Privacy Laws”). As per the provisions of the GDPR and UK Privacy Laws we shall be considered the Controllers of the Personal Data collected as a result of your use / access of the Website and Processors of the Personal Data collected as a result of your use / access of the Software.

Legal Basis (for EU residents and UK residents): We will not process your Personal Data without a lawful basis to do so. We will process your Personal Data only on the legal bases of consent, contract, or on the basis of our legitimate interests, provided that such interests are not overridden by your privacy rights and interests.

Transfer of your personal data across borders (for EU Residents): The Personal Data we collect (of EU and UK residents) is stored on servers located in the EU region or in India. Personal Data might be processed outside the EU and UK. We collect and transfer Personal Data outside the EU and UK in accordance with the provisions of the GDPR and UK Privacy Laws. If you have questions, please contact privacy@carbonminus.com 

Your Rights (For EU and UK Residents):

You have the right to request us:

1.  to let you know what Personal Data belonging to you,
2. we hold in our possession, 
3. withdraw consent at any time where we are relying on consent to process your Personal Data, 
4. right to have us rectify or modify any such Personal Data, 
5. right to have us erase/delete your Personal Data, 
6. right to restrict us from processing such Personal Data, 
7. right to object to our use of your Personal Data, 
8. you have the right to lodge a complaint with a data protection authority.

UK residents have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request. If you would like to exercise ANY of these rights, please contact at privacy@carbonminus.com 

Governing Laws: For any EU and UK residents, this Privacy Notice shall be governed respectively by the provisions of the GDPR and UK Privacy Laws.

9. Opt Out/ Your choices

We may send Users/Customers communications including but not limited to (a) notices about Users/Customers’ use of our Platform, including those concerning violations of use, (b) updates, (c) promotional information regarding our offerings, and (d) newsletters. Users/Customers may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, users/Customers can opt out, at any time, by emailing privacy@carbonminus.com with your specific request.

10. Data Retention

We will retain User’s Personal Data as long as it is required to be retained for the purpose of provision of the services on our Platform. We may also retain and use Users/Customers Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

11. Other sites, mobile applications and services

Our Platform may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

12. Security practices

We are committed to maintaining information security and protecting customer data from potential breaches. Although we provide appropriate firewalls and protection, we cannot warrant the security of Personal Data transmitted as these systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we will take necessary measures to mitigate such events.

13. Children

Our Platform is not intended for children, and we do not knowingly collect Personal Data from children. We define “children” as anyone under 16 years old. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child, please contact us via the contact information noted below.

14. Changes to this Privacy Notice

Please revisit this page periodically to stay aware of any changes to this Privacy Notice, which we may update from time to time. If we modify this Privacy Notice, we will make it available through the Platform and indicate the date of the latest revision. If such modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Platform. This Privacy Notice was last updated on <insert data here>.

15. Contact us

If you have any questions or concerns or grievances regarding this Privacy Notice or if individual wish to withdraw their consent in relation to the processing of their Personal Data, you can reach out to our appointed grievance redressal officer (also known as compliance officer) via email at  vikram@carbonminus.com  

Office address:

16192 Coastal Hwy, Lewes, Delaware 19958.