Privacy Policy

SCOPE OF THIS PRIVACY POLICY

1. EMQ Technologies Inc ("EMQ," "we," "our," or "us") respects your privacy. This Privacy Policy applies to personal data collected by EMQ through FlowMQ, including the FlowMQ website and related products and services.
2. Please also note that co-branded websites (websites where EMQ presents content together with one or more of our business partners) may be governed by additional or different privacy policies. Please refer to the privacy policy on those websites for more information about applicable privacy practices.
3. As used in this Privacy Policy, "personal data" means any information that relates to, is capable of being associated with, describes, or could be linked to, an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

THE CATEGORIES OF PERSONAL DATA WE COLLECT

4. To the extent permitted by applicable law, the categories and types of personal data collected directly from you may include, without limitation:
   1. Contact information, including identifiers: Information used to communicate with you, such as first and last name, title, company name, email address, telephone number, and postal address;
   2. Account and commercial information: Information that EMQ maintains in association with your account, such as your account number, username/user ID, authentication credentials, payment information, purchase records, information about your use of FlowMQ, information about your registration or participation in a training, webcast or other event, your preferred language and other preferences, credit and billing status and support inquiries;
   3. Internet or other similar network activity: Information collected when you visit a website, such as IP address, pages viewed and navigation within the website, information on your interaction with the website, browser type and language, operating system, location, date and time;
   4. Location information: Information about your physical location, such as if you provide your postal address or based on your IP address if you visit a website; and
   5. Inferences: Information drawn from the personal data collected above, such as what topics or FlowMQ offerings you may be interested in based on the areas of the website you visit or your purchase records.
5. EMQ may collect limited sensitive personal data, such as authentication credentials needed to secure your account and payment-related information handled by our payment service providers. We use and disclose this information only as reasonably necessary to provide and secure FlowMQ, process transactions, comply with law, and perform other purposes permitted without a right to limit under applicable law. We do not use sensitive personal data to infer characteristics about you. EMQ otherwise does not seek to collect information such as religious or philosophical beliefs, racial or ethnic origin, health or medical information, genetic data, or biometric data used to identify you, except where necessary for a specific purpose and permitted by applicable law.

HOW WE COLLECT PERSONAL DATA (SOURCES OF DATA)

6. EMQ collects personal data directly from you and from other categories of sources as described in more detail below. The categories of personal data collected directly from you by EMQ include all of the categories identified above in "The Categories of Personal Data We Collect" section. EMQ collects personal data directly from you when you interact with us through our websites, including, without limitation, when you:
   1. Create a user account (individual or corporate);
   2. Make online purchases or register for FlowMQ;
   3. Request support;
   4. Register for or participate in a training, webcast or other event;
   5. Request information or materials (e.g., whitepapers);
   6. Participate in surveys or evaluations;
   7. Participate in promotions, contests, or giveaways;
   8. Apply for employment;
   9. Submit questions or comments; or
   10. Submit content or posts on our customer portal pages or other interactive webpages.
7. Personal data we collect online may also be combined with personal data you provide to us through offline channels such as through a customer support line, during an interview or in conjunction with a FlowMQ event you attend.
8. We may also collect information indirectly from you relating to your use of our websites and response to our emails through the use of various technology. The categories of personal data collected in this manner are what we refer to above as Internet or other similar network activity and inferences. Collecting information in this manner allows us to analyze website traffic and performance, measure the effectiveness of our communications, and improve our interactions with you. For more information about the technology we employ for these purposes, see the "Cookies and Analytics Technologies" section below.
9. We may also supplement the personal data we collect from you with additional personal data we receive from third parties, such as your employer, our customers, and our business partners where you purchase FlowMQ through such business partners. The categories of personal data we receive from this type of third party include account and commercial information and professional or employment-related information. We do this to help us improve the overall accuracy of the information and its completeness and to help us better tailor our interactions with you.
10. From time to time, we may collect contact information through other sources, such as list vendors. When we do so, we ask the vendors to confirm that the information was legally acquired by the third party and that we have the right to obtain it from them and use it.

HOW WE USE (PROCESS) YOUR PERSONAL DATA

11. EMQ may use personal data we collect about you to:
    1. Identify and Authenticate You. We use your personal data to verify your identity when you access and use FlowMQ and to ensure the security of your personal data. This includes your creation of an account that is associated with your personal data.
       • The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, authentication credentials, preferred language and preferences. We process this information in order to comply with our contractual obligations to you. In other cases, it is in our legitimate business interests to be able to identify and authenticate you.
    2. Fulfill Your Requests. If you request something from EMQ, such as access to FlowMQ, a call back, a newsletter subscription, or specific marketing or other materials, we use the personal data you provide to respond to your request. We or our representatives may also contact you as part of customer satisfaction surveys or for market research purposes. Where required by applicable law, we will obtain your consent before sending marketing messages.
       • The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, payment information, purchase records, information about your use of FlowMQ, information about your registration or participation in an event, your preferred language and other preferences, credit and billing status, and support inquiries. We process this information in order to comply with our contractual obligations to you when responding to your requests. In other cases it is in our legitimate business interests to be able to provide customers and prospective customers with information, goods, or services they request.
    3. Provide You with Information About FlowMQ and Events. EMQ may use your personal data to notify you about FlowMQ offerings as well as events that we believe may be of interest to you. EMQ also may use your personal data to respond directly to your requests for information, including registrations for newsletters or other specific requests.
       • The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, payment information, purchase records, information about your use of FlowMQ, information about your registration or participation in an event, your language and other preferences, credit and billing status, and support inquiries and location information and inferences. It is in our legitimate business interests to be able to provide customers, prospective customers, and the public with information about FlowMQ and related events.
    4. Provide Support and Customer Service. We use your personal data to provide support for FlowMQ and answer other questions. In the course of providing technical support to you, we may sometimes have incidental access to data that you have provided to us or data that is located on your systems. This data may contain information about you, or your organization's business, employees, customers, partners, or suppliers. This Privacy Policy does not govern our access to or handling of this information. The conditions regarding the handling and processing of that data are covered by the applicable agreement between you and EMQ, such as our Enterprise Software License Agreement.
       • The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, payment information, purchase records, information about your use of FlowMQ, information about your registration or participation in an event, your language and other preferences, credit and billing status, and support inquiries. We process this information in order to comply with our contractual obligations to you.
    5. Process Your Job Application. When you apply for a position at EMQ, we use the personal data you provide for the purpose of assessing your application, considering you for future positions and carrying out human resources functions in accordance with applicable law. EMQ will share the personal data you supply during the application process with internal human resources professionals as well as professionals in our business functions who are participating in the application and interview process.
       • The personal data that may be collected, shared, and/or processed for this purpose includes: name, title, company name, email address, telephone number, postal address, your preferred language and other preferences, resume, cover letter, age, education, professional history and contact details. It is in our legitimate business interests to be able to review the qualifications of prospective employees and perform human resources functions with regard to our employees.
    6. Enhance the Website Experience. When you use our websites and/or respond to our emails, we use personal data to operate the websites, analyze their performance, improve usability and content, and further develop FlowMQ.
       • The personal data that may be collected, shared and/or processed for this purpose includes: name, title, company name, email address, telephone number, postal address, information about your use of FlowMQ, information about your registration or participation in an event, your preferred language and other preferences, location information, inferences, information collected when you visit a website, such as IP address, pages viewed and navigation within the website, information on your interaction with the website, browser type and language, operating system, location, date and time. It is in our legitimate business interests to improve the FlowMQ website and the overall FlowMQ experience.
12. We will not use your personal data in a manner that is inconsistent with the purpose of its original collection, unless we have provided you additional notice and you have consented.
13. EMQ will retain your personal data for only as long as is required to fulfill the purposes for which the information is processed or for other valid reasons to retain your personal information (for example to comply with our legal and regulatory obligations, resolve disputes, enforce our agreements and for the establishment, exercise or defense of legal claims).

HOW WE DISCLOSE (SHARE) YOUR PERSONAL DATA

14. EMQ discloses personal data for the following business purposes:
    1. EMQ may disclose personal data to business partners and service providers in order to support our business operations, such as (but not limited to) fulfilling your orders, processing payments for FlowMQ through payment service providers, following up on requests, providing support and assisting EMQ with sales, marketing and communication initiatives. These business partners and service providers include distributors, resellers, payment processors, financial service providers and institutions, materials production and shipping companies, postal or government authorities, market intelligence and consulting service providers, and information technology service providers. Business partners and service providers are required by contract to keep the information received on behalf of EMQ confidential and secure and not use it for any purpose other than the purpose for which it was provided to them.
       • The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information; professional or employment-related information; internet or other similar network activity; location information; and inferences.
    2. EMQ may disclose personal data as required by law or legal process, such as responding to a duly authorized and lawful request of a police or public authority (including to meet national security or law enforcement requirements), to enforce or protect the rights of EMQ, when such disclosure is necessary or appropriate to prevent physical harm or financial loss as permitted by applicable law, or in connection with an investigation of suspected or actual illegal activity.
       • The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information; professional or employment-related information; internet or other similar network activity; location information; and inferences.
    3. EMQ may disclose personal data in the context of a business transaction involving part or all of EMQ, such as a merger, acquisition, consolidation, or divestiture. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or the receipt of it from sellers. It is EMQ's practice to seek appropriate protection for information in these types of transactions. EMQ will inform you of the name and the contact information of the receiver of your personal data. Following such a business transaction, you may contact the entity to which we transferred your personal data with any inquiries concerning the use of that information.
       • The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information; professional or employment-related information; internet or other similar network activity; location information; and inferences.
    4. EMQ may also disclose personal data to its affiliates and subsidiaries, including its parent company, EMQ Technologies Co., Ltd. ("EMQ China"), for the business purposes described above, and transfer personal data to countries where EMQ and EMQ China conduct business in accordance with the "Cross Border Data Transfers" section of this Privacy Policy.
       • The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information; professional or employment-related information; internet or other similar network activity; location information; and inferences.

COOKIES AND ANALYTICS TECHNOLOGIES

15. When you visit our websites, we may automatically collect information such as your IP address, pages viewed and navigation within the website, information about your interaction with the website, browser type and language, operating system, approximate location, and the date and time of your visit. We use cookies and similar technologies, including analytics tools configured through Google Tag Manager, to operate FlowMQ, understand website traffic, measure performance, and improve the user experience.
16. Required Cookies. Required cookies enable core website and account functionality, including security, authentication, session management, and traffic balancing. These cookies are not used for advertising.
17. Analytics Cookies. Analytics cookies help us understand how visitors use FlowMQ, including which pages they visit and whether they encounter errors. We use this information in aggregate to evaluate website quality and improve FlowMQ. We do not use analytics cookies to serve personalized advertising.
18. EMQ does not use cookies or similar technologies on FlowMQ for advertising or remarketing, and does not share analytics data with third parties for cross-context behavioral advertising.
19. You can manage or delete cookies using your browser settings. Blocking required cookies may prevent portions of FlowMQ from functioning correctly, while blocking analytics cookies may reduce our ability to measure and improve the website.

RESIDENTS OF CALIFORNIA

20. If you are a California resident, these additional disclosures summarize how we collect, use, and disclose personal information and explain your rights under the California Consumer Privacy Act, as amended ("CCPA").
21. We collect the following categories of personal information: identifiers, demographic information, commercial information, internet or other electronic network activity information, electronic, visual, or similar information, professional or employment-related information, education information, inferences drawn about you, and the limited sensitive personal information described above. For examples of the data we collect, please see the "How We Collect Personal Data (Sources of Data)" section above.
22. We collect personal information from the sources identified in the "How We Collect Personal Data (Sources of Data)" section above and for the business purposes described in the "How We Use (Process) Your Personal Data" section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

23. EMQ does not sell personal information and does not share personal information with third parties for cross-context behavioral advertising. If these practices change, we will update this Privacy Policy and provide any notices and choices required by applicable law.
24. Subject to applicable exceptions, California residents may have the right to: (1) know the categories and specific pieces of personal information we collect, use, disclose, sell, or share; (2) delete personal information we collected from them; (3) correct inaccurate personal information; (4) opt out of the sale or sharing of personal information; (5) limit certain uses and disclosures of sensitive personal information; and (6) receive equal service and not be discriminated against for exercising these rights.
25. You can review and update certain personal data, including your first and last name, through your FlowMQ account settings. To exercise any other privacy right, contact us as described under "How to Contact Us". We may ask you to verify your request by signing in to your account or providing information related to your recent interactions with us.
26. If we receive a request from an authorized agent, we may ask for evidence that you authorized the agent to act on your behalf and may also ask you to verify your identity directly with us.

YOUR RIGHTS AND CHOICES

27. In accordance with the laws of certain countries, you may have certain rights and choices regarding the personal data we collect and maintain about you, and how we communicate with you.
28. Where the EU General Data Protection Regulation 2016/679 ("GDPR"), the California Consumer Privacy Act, as amended ("CCPA"), or similar legal requirements apply to the processing of your personal data, especially when you access the website from a country in the European Economic Area ("EEA"), or as a consumer in the state of California or in a jurisdiction with similar legal protections, you have the following rights, subject to some limitations, against EMQ:
29. The right to request information about our use of your personal data (e.g., the pieces and categories of personal data we have; the categories of sources, purposes for collection, the third parties with whom we have shared personal data, and personal data we have disclosed);
30. The right to review and access your personal data;
31. The right to rectify (correct, update or modify) the personal data we hold about you;
32. The right to erase (e.g., delete), de-identify, anonymize or block your personal data;
33. The right to restrict our use of your personal data;
34. The right to object to our use of, or certain types of disclosures of, your personal data;
35. The right to request the transfer of your personal data we hold about you to a third party;
36. The right to receive your personal data in a usable format and transmit it to a third party (also known as the right of data portability); and
37. The right to lodge a complaint with your local data protection authority.
38. If you would like to exercise any of these rights, please contact us as described under "How to Contact Us".
39. Where the GDPR, CCPA, or similar legal requirements apply, you also have the right to withdraw any consent you have given to uses of your personal data. If you wish to withdraw consent that you have previously provided to us, you may do so by contacting us as described below under "How to Contact Us". However, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
40. Where the GDPR, CCPA, or similar legal requirements do not apply, EMQ still allows you to review and update certain personal data available in your FlowMQ account settings. You may also contact us as described under "How to Contact Us" to request access to, correction of, or deletion of other personal data, subject to applicable legal and contractual retention requirements.
41. You will be given an opportunity to tell us whether you would like to receive information, special offers, and promotional materials by email from FlowMQ or our business partners when you create a FlowMQ account, register for a service, provide us with your personal data, or receive a marketing email from us. Where required by applicable law, we will obtain consent before sending these materials. You may opt out at any time without cost by using the unsubscribe link in a marketing email or contacting us as described under "How to Contact Us".
42. When you exercise your privacy rights referenced hereinabove, you have a right not to receive discriminatory treatment by EMQ for the exercise of such privacy rights.

VERIFICATION

43. Before responding to a request for information about your personal data, we must verify the request. Verification is important to protect your information and to help confirm that we are responding to a valid request and providing the response to the correct individual. To verify the request we initially ask for at least two (2) or three (3) identifiers, such as name, email address and location. If we have a need to request additional identifiers to reasonably verify your identity, we will contact you and request additional verification. The information we ask to verify your identity may depend on your relationship with us.
44. When you exercise your privacy rights referenced in the "Your Rights and Choices" section above, you can designate an authorized agent or representative to make a request on your behalf by providing the authorized agent with written permission to do so and verifying your identity with us as part of the request, or by providing the authorized agent with Power of Attorney pursuant to applicable law (e.g., the California Probate code). We will ask the individual submitting the request to denote that they are an authorized agent or representative. When submitted by an authorized agent or representative, we ask the authorized agent or representative to provide name, email address and a description of the relationship with the individual who is the subject of the request and to certify that the representative has permission to submit the request, and may request proof of the consumer’s written permission.

HOW WE STORE AND PROTECT YOUR INFORMATION

45. EMQ and its service providers may store and process personal data in the United States and other countries where they operate. The location may vary depending on the FlowMQ service and deployment region you use. For self-hosted deployments, the customer controls where deployment data is stored, except for personal data separately provided to EMQ for account administration, licensing, support, billing, or other business purposes. These countries may not provide the same level of data protection as the country where you are located.
46. EMQ intends to protect your personal data. We have implemented appropriate physical, administrative and technical safeguards to help us protect your personal data from unauthorized access, use and disclosure. We also require that our business partners and service providers protect such information from unauthorized access, use and disclosure.
47. We will retain your information as long as necessary for the purposes outlined in this Privacy Policy, and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection, or audit purposes, or as otherwise required by law. We may anonymize and/or aggregate personal information and store it in order to analyze aggregate metrics and trends.

LINKS TO OTHER WEBSITES

48. Our websites may contain links to websites operated by other organizations. EMQ does not control and is not responsible for the privacy practices or information collected by those websites. Please review the privacy policies of the websites you visit.

CHILDREN'S ONLINE PRIVACY

49. FlowMQ is not directed to children and EMQ does not knowingly collect online personal data from children under the age of 16. If you are a parent or guardian of a minor under the age of 16 and believe that he or she has disclosed personal data to us, please contact us as described below under "How to Contact Us". EMQ will ensure their personal data is properly processed and disposed of with the consent of their parent or guardian.

CROSS BORDER DATA TRANSFERS

50. EMQ is a global organization, with legal entities, business processes, and technical systems that operate across borders. The United States and other countries may not have the same data protection laws as the country from which you initially provided the information.
51. Where required by applicable law, we have put in place appropriate safeguards (such as standard contractual clauses approved by the European Commission) in accordance with applicable legal requirements to ensure that your data is adequately protected. When transferring your personal data internationally, EMQ will protect your personal data as provided in this Privacy Policy and comply with applicable legal requirements as may be in effect from time to time.

CHANGES TO THIS PRIVACY POLICY

52. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access FlowMQ or otherwise interact with us to stay informed about our information practices and the choices available to you. If you would like information related to the previous version of this Privacy Policy and/or a copy of the previous version, please contact us as described below under "How to Contact Us".

EEA DATA PROTECTION AUTHORITY

If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see the European Data Protection Board member list.

HOW TO CONTACT US

If you have any questions about EMQ’s privacy practices or use of your personal data, please feel free to contact us at privacy@emqx.io, or by mail at:

EMQ Technologies Inc

Legal and Compliance

1300 El Camino Real, Suite 100

Menlo Park, CA 94025

United States