Privacy Policy

This Privacy Policy (“Policy”) describes how Nexenergie, which is the product fully owned, developed and operated by Inquatro Inc., registration number: 36-5018138, registered at the address: 447 Broadway, New York, New York 10013, United States, (“Company”, “Inquatro”, “We”, “Us”, or “Our”) collects, uses, and discloses Personal Data when You use Our platform at https://nexenergie.ai (the “Website”, “Nexenergie”), or use any of Our associated services (collectively, the “Services”). Any individual or entity who accesses, browses, or otherwise uses the Website or the Services (hereinafter – "User", "You", "Your") is subject to this Policy.

This Policy also describes the procedure, basis, and purpose for which We collect and use the Personal Data You provide, as well as Your rights regarding Our use of Your Personal Data and how We can communicate with You about such matters. We respect Your privacy and take protecting it seriously.

Please read this Policy carefully before starting to use the Website. This Policy should be read together with Our Terms and Conditions. If You do not agree with the Policy, please stop visiting and using the Website immediately.

1. General Information

1.1 This Policy applies to the User of Our Website, which means individuals or legal entities represented by their authorized persons who visit Our Website and have or intend to have access to the Services; or connect with Us by e-mail.

1.2 We do not sell Your Personal Data to third parties; We do not claim ownership of, or otherwise appropriate, Your Personal Data; Your Personal Data remains Yours, and We process it solely as described in this Policy. The “Personal Data” means any information relating to an identified or identifiable natural person, including without limitation account information (such as name, e-mail address etc.) provided by a User or its personnel in connection with registration for and use of the Services, as described below in this Policy. A “Sale” of Personal Data under the General Data Protection Regulation and California Consumer Privacy Act is defined broadly to include the “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means” the Personal Data of a User to another business or Third Party “for monetary or other valuable consideration”. In the case of transferring the rights of the Website, We will inform You about this, so You can forbid Us from sharing Your Personal Data together with Our business and request to delete Your Data from the databases prior to a business transfer.

2. Data Processing Principles

2.1 We adhere to the following principles to protect Your privacy:

2.1.1 Principle of lawfulness and transparency, meaning We process Personal Data lawfully and transparently concerning the data subject;

2.1.2 Principle of purpose limitation, meaning We collect Personal Data for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes;

2.1.3 Principle of data minimization, meaning We collect adequate Personal Data, relevant and limited to what is necessary concerning the purposes for which We process Personal Data;

2.1.4 Principle of data accuracy, meaning We have accurate Personal Data and, where necessary, keep it up to date. We take every reasonable step to ensure that inaccurate Personal Data, having regard to the purposes for which they are processed, are erased or rectified without delay;

2.1.5 Principle of storage limitation, meaning We keep Personal Data in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the Personal Data are processed;

2.1.6 Principle of security, meaning We process Personal Data in a manner that ensures appropriate security of the Personal Data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organizational measures.

2.2 We collect or process the Personal Data of any person in the European Union in accordance with principles set in the General Data Protection Regulation.

2.3 We collect or process the Personal Data of any person in the United States in accordance with principles set in the California Consumer Privacy Act.

3. Manually Collected Data

3.1 To fulfill Our obligations to You We are entitled to ask You to provide Us with Your Personal Data, including but not limited to full name, e-mail address, phone number, position, and other files at Your discretion.

3.2 In order to register a Personal Account and access the Services, We collect the following categories of information from You during onboarding:

3.2.1 Information, relating to the individual creating and managing the Personal Account on Your behalf, including business email address, phone number, full name, job title, business role, company affiliation, account credentials, account ID and user ID, user role and access permissions, communication preferences, and support requests and feedback, which constitutes Personal Data;

3.2.2 Information, relating to the legal entity registering for the Services, including company legal name, tax identification number, VAT number, registered address, postal code, country, city, company website, date of incorporation, and corporate entity type, which relates to a legal entity and, as such, does not constitute Personal Data, except to the extent such information, in combination with other data, could identify a natural person, as well as billing information, the electricity markets in which the legal entity operates, company contact details, and information identifying the legal entity's authorized representatives;

3.2.3 User Operational Data, relating to Your energy assets, including asset type, capacity (MW), location, market, and other relevant technical parameters, provided for purposes of configuring and generating forecasts, which relates to Your business assets and may relate to an identified or identifiable natural person, as well as asset identification data (including asset ID, installed and available capacity, bidding zone, generation technology, and other technical asset parameters), operational data (including historical and real-time or near-real-time generation and consumption, generation and consumption forecasts, asset availability, planned outages, curtailment information, operational limitations, and asset telemetry), market-related data (including historical market exposure and imbalance volumes), portfolio data (including portfolio composition, generation and consumption, forecasts, positions, and constraints), trading data (including historical bids, orders, executed transactions, open and historical market positions, and trading results), trading strategy and constraint data (including trading objectives and parameters, risk limits, market participation constraints, bid volume limits, price limits, and asset allocation constraints), battery energy storage system optimization data (including state of charge, charge and discharge power limits, charging and discharging efficiency, available energy capacity, cycling constraints, and other operating constraints), and decision-support outputs generated by the Company (including trading recommendations and signals, recommended bids, orders, volumes and prices, dispatch recommendations and schedules, portfolio allocation recommendations, strategy scenarios, optimization results, and expected revenue or profit-and-loss estimates).

3.3 We also may collect Personal Data from You in various ways and under various circumstances, including but not limited to e-mail or other means of communication, and when such individuals provide Us with feedback on the Services, which We may use for promotional purposes with the relevant individual's consent. We may combine such Personal Data with other relevant information available to Us in connection with Your use of the Services, provided that such combination shall not include User Operational Data, which relates to Your business assets and does not constitute Personal Data.

4. Automatically Collected Data

4.1 We may also receive Personal Data in an automatic way when You choose to partner with Us on a separate Third Party software program, such as Google Analytics or Microsoft Clarity.

4.2 Personal Data automatically collected by or transmitted to Us in the course of accessing, interacting, and operating the Service may include, without limitation, the following Personal Data:

4.2.1 Device information, which may include but is not limited to information about the personal computer or laptop You use to access the Service including the basic information Your browser sends, such as browser type and operating system;

4.2.2 Server log information, which may include but is not limited to the date and time of visits, the pages viewed, Your internet protocol address, and time spent at the Service. This is used for security and server administration;

4.2.3 Information collected by Cookies and other similar technologies.

5. Use of Cookies

5.1 Cookies are small text files containing small amounts of data that are downloaded and may be stored on Your device like Your personal computer, mobile phone, or other internet-enabled devices, such as a tablet. Cookies are useful because they allow a Website to recognize a User’s device. A Cookie assigns a unique numerical identifier to Your web browser and may enable Us to recognize You as the same visitor, who was at Our Website in the past and relate Your use of the Website to other information about you.

5.2 We may use Cookies for various purposes, including to ensure the basic functionality of Our Website.

5.3 We use various technologies to collect information when You interact with Nexenergie, including Cookies and other similar technologies which enable Us to collect information about the operation of Our Website. Where required, You will be asked to consent to Our Cookies.

5.4 By clicking “Accept all” on the Cookie banner, You give Your clear, explicit, and complete consent to Nexenergie to use analytical technology to personalize content and optimize Our Website performance for a better user experience.

5.5 We may use several different types of Cookies, including session Cookies which are temporary and allow Us to link Your actions during a browser session and are erased when You close the browser. Other Cookies are persistent Cookies that remain on Your device for the period specified in the Cookie.

5.6 Nexenergie may use the following types of Cookies:

5.6.1 Necessary Cookies that are required to improve Your experience of using Our Service. Strictly necessary Cookies dealing with preferences, keep Our Service secure, including preventing fraudulent or disruptive activity. Strictly necessary Cookies are always active and will be placed without Your consent. These Cookies cannot be disabled;

5.6.2 Performance Cookies that collect information on Your usage of Our Website. They identify the country and region, the total number of Users, the operating system, previously visited websites, most commonly visited websites, and errors You experienced etc. The information collected is aggregated and anonymous and doesn’t allow personal identification;

5.6.3 Preferences Cookies that allow Nexenergie to remember choices You make and provide more enhanced personal features. To the extent that information processed in connection with preference Cookies should qualify as Personal Data, the legal ground for that processing is Your consent;

5.6.4 Marketing Cookies that are used in marketing techniques to promote Our Services to you, which may be personalized to you based on your use of the services and your perceived interests. To the extent that information processed in connection with marketing Cookies should qualify as Personal Data, the legal ground for that processing is your consent.

5.7 We use Third Party Cookies to help Us with providing Service effectively and to provide analytical functionality. These Third Party providers use and control Cookies on Our Service, which may be used for their purposes, including the purpose of tracking Your browsing behavior across multiple websites. We undertake checks to ensure that these companies keep Your data secure and handle it fairly and responsibly, but in any case are not responsible for the security measures executed by companies. We encourage You to review the privacy notices of those websites so that You can understand how the Cookies will be collected, held, and used.

5.8 We may cooperate with Third Party companies for greater assurance of advertisements about Our Service that may arouse Your interest. These Third Party advertisers may use Cookies to collect information about You when You use the Service. They may collect information about Your online activities over time and across different websites, or other online services. They may use this information to provide You with interest-based advertising or other targeted content.

5.9 To support and upgrade Your interaction with Nexenergie We use the following Third Party Cookie technologies:

5.10 When We work with Third Party vendors to apply Cookies on Our behalf and they have access to Personal Data collected through Cookies or, they are subject to appropriate contractual safeguards under the requirements of the Electronic Privacy Directive or General Data Protection Regulation. We retain Personal Data collected through Cookies necessary for personalized Services when You have consented to the use of Cookies for those purposes, and only for the time necessary to aggregate Personal Data that We use for Website performance and measurement of the audience.

5.11 There are several ways for You to manage Cookies and other tracking technologies. Depending on the browser in which the visitor browses Our Website:

5.11.1 The Website may allow, block, or delete the Cookies installed on their device by modifying the configuration parameters of the installed browser. To change Your web browser settings for Cookies You can find information on how to disable specific Cookies;

5.11.2 Follow the Google Chrome, Mozilla Firefox, Opera, or Safari Cookies settings page to manage access to Your Personal Data. For any other web browser, please visit Your web browser’s official web pages.

5.12 Some of the Cookies used on the web save Your Personal Data as long as the session is open. Other Cookies might be stored for a bigger period, but no longer than 30 calendar days. The data extracted by Third Party Cookies will be stored for a period specified in the Privacy Policies of such a Third Party.

5.13 List of the Cookies We use:

5.13.1 If We introduce additional Cookies in the future, this Policy will be updated before such Cookies are placed.

6. Data Processing Basis

6.1 We may use the data collected from You for various purposes, primarily, relating to providing Our Services and information about Our Services. We may also use the information for other purposes as otherwise allowed by law. We may use Your Personal Data for such purposes, including, but not limited to, provide access to the Website, identify, investigate, and prevent unlawful activity, contact you, and conduct promotion, conduct internal research and development, meet Our internal and external audit requirements, including Our information security obligations and other regulatory requirements and any other purpose as We determine, in Our sole discretion, to be necessary or required to ensure the safety or integrity of Our Users, employees, third parties, public, or Our Services, or to comply with requirements of any applicable law.

7. Data Processing Consent

7.1 By expressing consent to this Policy, You approve of having reached the age of majority or the legal age in Your jurisdiction, are solely responsible for all Your actions, and fully understand the statements outlined in this Policy.

7.2 We process the Personal Data of European Union residents, as required by the General Data Protection Regulation, only on the basis of a free, specific, informed, and unambiguous expression of Your will, by which You confirm Your consent to the processing of Your Personal Data.

7.3 We process the Personal Data of United States residents, as required by the California Consumer Privacy Act, only on the basis of a free, specific, informed, and unambiguous expression of Your will, by which You confirm Your consent to the processing of Your Personal Data.

7.4 You may express Your consent by clicking the checkbox in filling out the Contact Form for Nexenergie. If You check the box, You agree that We have the right to process Your Personal Data in the manner specified with Your Consent, subject to Your right to withdraw such consent at any time in accordance with Section 9.1.2.

7.5 Your Consent covers all processing activities with Your Personal Data carried out for the same purpose or purposes for which such Consent was given. When the processing has multiple purposes, Your Consent should be deemed given for all of them.

7.6 If You are nor United States or European Union resident, by transferring to Us Your Personal Data via the Website or otherwise, You irrevocably and unconditionally consent and agree that We shall be entitled, in accordance with this Policy: to process in any manner, including to collect, store, use, disclose, share, and transfer Your Personal Data provided to Us, as well as Your Personal Data collected from Your use of the Service and to use Cookies to collect Your Personal Data.

8. Regulation Compliance

8.1 If You are located in the European Union, all processing of Personal Data is performed by regulations and rules following the General Data Protection Regulation.

8.2 If You are located in the United States, all processing of Personal Data is performed in accordance with regulations and rules following the California Consumer Privacy Act.

8.3 If You are located in any other country not otherwise specified in this Section 8, all processing of Personal Data is performed in accordance with the applicable data protection laws and regulations of Your country of residence, to the extent such laws are applicable to Us.

9. The Rights of Users

9.1 Subject to possible restrictions under the applicable national law of the data subject You may have certain rights regarding the Personal Data that We collect on You, particularly:

9.1.1 Right to access: You may contact Us to get confirmation as to whether or not We are processing Your Personal Data. We will inform You upon Your request of what categories of Personal Data We process regarding You, the processing purposes, the categories of recipients to whom Personal Data have been or will be disclosed, and the envisaged storage period or criteria to determine that period;

9.1.2 Right to withdraw consent: You may withdraw the consent at any time by contacting Us. You can withdraw Your consent at any time by replying to the e-mail with Your withdrawal and Your Personal Data will be deleted immediately. Withdrawing consent may lead to fewer possibilities to use the Service;

9.1.3 Right to object: in case Our processing is based on a legitimate interest to run, maintain, and develop Our business, You have the right to object at any time to Our processing. We shall then no longer process Your Personal Data unless for the provision of Our Services or if We demonstrate other compelling legitimate grounds for Our processing that override Your interests, rights, and freedoms or for legal claims. Notwithstanding any consent granted beforehand for direct marketing purposes, You have the right to prohibit Us from using Personal Data for direct marketing purposes, by contacting Us, or unsubscribing possibilities in connection with Our direct marketing messages;

9.1.4 Right to restriction of the processing: You have the right to obtain from Us restriction of processing of Your Personal Data, as foreseen by applicable data protection law, e.g. to allow Our verification of the accuracy of Personal Data after You contest the accuracy or to prevent Us from erasing Personal Data when Personal Data are no longer necessary for the purposes but still required for Your legal claims or when Our processing is unlawful. Restriction of processing may lead to fewer possibilities to use the Website;

9.1.5 Right to data portability: You have the right to receive Your Personal Data from Us in a structured, commonly used, and machine-readable format and to independently transmit those data to a Third Party, in case Our processing is based on Your consent and carried out by automated means;

9.1.6 Right to complain: You have the right to complain to any relevant Data Protection Authority, particularly in the Member State of Your residence, place of work, or the place of processing Your Personal Data. If You wish to exercise any of the aforementioned rights, please contact Us at privacy@nexenergie.ai.

9.2 To exercise any of the above-mentioned rights, You should primarily use the functions offered by the Website. If such functions are however not sufficient for exercising such rights, You shall send Us a letter or e-mail to the address set out below under the Policy, including the following information: name, address, phone number, e-mail address, and a copy of a valid proof of identity. We may request additional information necessary to confirm Your identity. We may reject requests that are unreasonably repetitive, excessive, or manifestly unfounded.

10. Data Storing and Deletion

10.1 We store Your Personal Data for as long as needed to provide You with Our Service. We may store Data longer, but only in a way that it cannot be tracked back to you. When Personal Data is no longer needed, We delete it using reasonable measures to protect the Data from unauthorized access or use.

10.2 As explained in the data regulation statement, We strive to anonymize the data when possible. If You decide to exercise Your right to erasure, We will also inform Our providers to delete all Your data.

10.3 Storing might be different depending on the territory of collecting the information and the applicable legislation, but We always strive to store the information only as long as it is needed to provide, improve, or personalize Our Service.

11. Data Security

11.1 We care to ensure the security of Personal Data. We follow generally accepted industry standards to protect the information submitted to Us, both during transmission and once We receive it. We maintain technical, physical, and administrative security measures to provide reasonable protection for Your Personal Data.

11.2 We may grant access to Your Personal Data to Our contractors or employees, in particular in sales support, with the guarantee that they comply with the necessary level of protection of Your Personal Data against unauthorized access, loss, manipulation, falsification, destruction, or unauthorized disclosure. This is done through appropriate administrative, technical, and physical measures on Our part.

11.3 There is no 100% secure method of transmission over the Internet or method of electronic storage. Therefore, We cannot guarantee its absolute security.

11.4 We never process any kind of sensitive data or criminal offense data. Also, We never undertake to profile Personal Data.

12. Contractors

12.1 We work with Third Party service providers, who provide website development, hosting, maintenance, and other services for Us. They may be located outside of the European Union or the United States. These contractors may have access to, or process Personal Data on behalf of Us as part of providing those services for Us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.

12.2 All data transfers are performed in accordance with the highest security regulations. Transfer of Personal Data to countries outside of the European Union and the United States may be possible only in the case when We have obtained Your consent for it.

12.3 All data processed by Us is stored exclusively in secure hosting facilities provided by Google Cloud Platform.

12.4 We may share Your Personal Data with Our professional advisors in connection with the services they provide to Us. If We share Your Personal Data with those processors, We will require the recipient to keep it confidential and secure.

13. Third Party Providers

13.1 This Website may contain hyperlinks to Third Party websites. We are not responsible for the content of such websites, or for how those websites collect, hold, use, and distribute any personal information You provide.

13.2 When visiting a Third Party website from hyperlinks displayed on this Website, We encourage You to review the Privacy Policy of those websites so that You can understand how the personal information You provide will be collected, held, used, and distributed.

13.3 We use Google Analytics to create detailed statistics of Website Users. For more information on Google Analytics’ privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.4 We use Microsoft Clarity to record and analyze User behavior on the Website, such as clicks, scrolling, and navigation patterns. For more information on Microsoft Clarity's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.5 We use Meta Pixel to measure and increase the effectiveness of Our advertising campaigns. For more information on the privacy practices of the Meta Pixel, please visit the Privacy Policy indicated in Section 5.9.

13.6 We use Salesmate to provide your experience with Our Services in the appropriate and best manner, to organize and track Users' communication with Us. For more information on the privacy practices of Salesmate, please visit the Privacy Policy indicated in Section 5.9.

13.7 We use LinkedIn Insight Tag to connect Users' actions on the Website with User data available on the LinkedIn platform, in order to measure and improve the effectiveness of Our advertising campaigns. For more information on the privacy practices of LinkedIn, please visit the Privacy Policy indicated in Section 5.9.

13.8 We use Google Ads to measure and improve the effectiveness of Our advertising campaigns across Google's advertising network. For more information on Google Ads' privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.9 We use Typeform to collect and process information submitted by Users through online forms on the Website. For more information on Typeform's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.10 We use Auth0 to manage User authentication and secure access to the Personal Account. For more information on Auth0's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.11 We use Google Cloud to provide hosting and infrastructure for the operation of the Website and the Services. For more information on Google Cloud's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.12 We use Sentry to monitor application performance and identify technical errors on the Website. For more information on Sentry's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.13 We use Microsoft to provide email communication and related functionalities. For more information on Microsoft's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.14 We use Zendesk to manage User support requests and customer service communications. For more information on Zendesk's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

13.15 We use Stripe to process payments for Subscriptions purchased through the Website. For more information on Stripe's privacy practices, please visit its Privacy Policy indicated in Section 5.9.

14. Children Related Information

14.1 We do not intentionally collect or maintain information from persons under the age of 13, however, according to each country and its laws, the processing of the Personal Data of a child will be lawful where the child is at another age.

14.2 If We determine upon collection that a User is under this age, We will not use or maintain his/her personal information without the parent’s consent. If We become aware that We have unknowingly collected personally identifiable information from a child under the age of 13, We will make reasonable efforts to delete such information from Our records.

15. Privacy Policy Application

15.1 This Policy applies to the Website. Once redirected to another website, this Policy is no longer applicable.

16. Conditions of Acceptance

16.1 By contacting Nexenergie through the "Support" button and accepting the relevant checkbox, You agree with the uploaded Policy.

16.2 We assume that all Users have carefully read this document and agree to its content. If one does not agree with this Policy, they should not use this Website.

17. Privacy Policy Updates

17.1 From time to time, We may update this Policy. We encourage You to periodically check back and review this Policy so that You always know what data We collect, how We use it, and with whom We share it.

18. Contact Us

18.1 If You have any questions, suggestions, changes, and updates of Your Personal Data, or comments, please contact Us by clicking the “Support” button or via e-mail at privacy@nexenergie.ai.