Privacy policy

Privacy Policy

OpenColo.com is committed to protecting your privacy online. The following privacy policy explains what information we gather about you, and what it is used for.

I. Name and Address of the Data Controller

This website is operated by, and the data controller within the meaning of the EU General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:

Energy Group Networks LLC

3223, Kenneth Street,

Santa Clara, CA 95054

USA

Support@opencolo.com

https://opencolo.com/

II. Name and Address of the Data Protection Officer

The data protection officer of the data controller is:

Scott Brookshire

Energy Group Networks LLC

3223 Kenneth Street,

Santa Clara, CA 95054

USA

Support@opencolo.com

https://opencolo.com/

III.    General Information on Data Processing

1. Scope of the Processing of Personal Data

The protection of your personal data is important to us. We  process personal data of our users in order to provide a functioning website,  as our content and services and as otherwise set forth in this policy. The processing of your personal data takes place  after your consent or as permitted by law.

2. Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject for the processing of personal data, art. 6(1)(a) serves as the legal basis under GDPR, and permits lawful processing under other applicable law.  

In the processing of personal data required for the performance of a contract to which the data subject is a party, art. 6(1)(b) serves as the legal basis under GDPR and permits lawful processing under other applicable law. Insofar as the processing of personal data is required to fulfill a legal obligation to which our company is subject, art. 6(1)(c) serves as the legal basis under GDPR and permits lawful processing under other applicable law. 

If processing is necessary to safeguard a legitimate interest of the data subject, our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, art. 6(1)(f) serves as the legal basis under GDPR and permits lawful processing under other applicable law.

3. Data Erasure and Storage Time

The personal data of the person concerned will be deleted or blocked after  the purpose of storage is no longer valid. Data may continue to be stored to the extent as required by applicable law or contract. 

 

IV. Provision of the Website and Creation of Log Files 

1. Scope, Purpose and Legal Basis of Data Processing

Every time you visit our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

(1) Information about the browser type and version used

(2) The user’s operating system

(3) The Internet service provider of the user

(4) The IP address of the user

(5) Date and time of access

(6) Websites from which the user’s system reaches our website 

(7) Websites accessed by the user’s system via our website

The data is also stored in the log files of our system. This data is not stored together with other of your personal data.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems.

2. Duration of Storage, Possibility of Objection and Deletion

The data will be deleted when  it is no longer necessary to achieve the purpose for which they were collected, or otherwise required for legal, contractual or administrative purposes as permitted by applicable law

Please understand that the collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website and cannot be objected to except in the unlikely event it is required by applicable law.    

V. Use of Cookies

1. Scope, Purpose and Legal Basis of Data Processing

Cookies are small text files that are stored on your device with the help of your browser. The cookies do not damage your device.

1. Technically necessary cookies

We use cookies to make our website user-friendly. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change. Some cookies therefore remain stored on your device until you delete them. Your data collected by technically necessary cookies are not used to create user profiles. The following data is stored and transmitted in the cookies:

A list of the collected data follows. These could be, for example:

(1) Language settings

(2) Log-in information

The legal basis for the processing of personal data using cookies is art. 6(1)(f) under GDPR and is otherwise supported under other applicable law.

2. Technically unnecessary cookies

We also use cookies on our website which enable an analysis of your surfing behavior. These cookies are used to improve the quality of our website and its content. Through such cookies we learn how the website is used and can thus continuously optimize our offer. In this way, the following data can be transmitted:

(1) Entered search terms

(2) Frequency of page views

(3) Use of website functions

When accessing our website, you are informed about the use of cookies for analytical purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, reference is also made to this data protection declaration.

The legal basis for the processing of personal data using cookies for analytical purposes is, with your consent, art. 6(1)(a) GDPR.

3. Third-party Cookies

We also use cookies from third party companies with whom we cooperate for the purpose of advertising, analysis or the functionalities of our Internet presence.

When you visit our website, you will be informed about the use of third-party cookies and your consent to the processing of personal data used in this context will be obtained. In this context, reference is also made to this data protection declaration.

2. Duration of Storage, Possibility of Objection and Deletion

Cookies are stored on your computer and transmitted to our site. Therefore, you as user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

VI. Registration 

1. Scope, Purpose and Legal Basis of Data Processing

On our website, we offer you the opportunity to register by providing personal data. The data is entered through  an entry form and transmitted to us and saved. Except as noted in this policy, the data is disclosed to third parties. The following data is collected during the registration process:

  • Full name
  • Full Address
  • Email address
  • Phone number
  • Secondary contact person(s)
  • Payment method
  • Other contact information that may be required to complete your order

In the course of the registration process, your consent to the processing of this data is obtained. The registration may also fulfill a contract or the implementation of pre-contractual measures. 

A registration is necessary for the provision of all services on our website or for the fulfillment of the contract.

2. Duration of Storage, Possibility of Objection and Deletion

The data will be deleted when  it is no longer necessary to achieve the purpose for which they were collected,. This is the case for the data collected during the registration process if the registration on our website is cancelled or changed. The data which is needed to fulfill a contract or to carry out pre-contractual measures will be deleted when the data is no longer required for the execution of the contract or historic accounting purposes. 

As a user you have the possibility to cancel the registration at any time. You can change the data stored about you at any time. If the data is required for legal, contractual or administrative purposes as permitted by applicable law it will not be deleted. 

VII. Newsletter

1. Scope, Purpose and Legal Basis of Data Processing

You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the entry form  is transmitted to us ([list, which data]).

The purpose of collecting this data is to send the Newsletter to you correctly.

In addition, the following data is collected upon registration:

(1) E-mail address

(2) IP addresses of registration source

(3) Date and time of registration

The collection of this other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

In the course of the registration process, your consent is obtained for the processing of the data.

2. Duration of Storage, Possibility of Objection and Deletion

Your e-mail address is stored for as long as the subscription to the newsletter is active. The other personal data collected during the registration process will generally be deleted after a period of seven days.

The subscription to the newsletter can be cancelled by you at any time. For this purpose there is a corresponding link in every newsletter. We will then delete the data that you have sent to us in connection with sending the newsletter.  

Certain data may be retained to the extent required for legal, contractual or administrative purposes as permitted by applicable law. 

VIII. Contact Form

1. Scope, Purpose and Legal Basis of Data Processing

There is a contact form on our website which can be used for electronic contact. If you take advantage of this possibility, the data entered in the entry form will be transmitted to us and stored. This data is:

(1) Full name

(2) Email address

(3) Subject

(4) Content of message

At the time the message is sent, the following data is also stored:

(1) The IP address of the user

(2) Date and time of message

Your consent is obtained for the processing of the data, which is used for the purposes of responding to your request.  

The processing of the personal data from the entry form  serves us only for the establishment of contact. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

IX. Rights of the Data Subject

If your personal data is processed, whether or not you are a resident of the European Union, we provide you with the following rights consistent with the GDPR and other applicable law:

1. Right of access according to art. 15 GDPR. You can ask us to confirm whether personal data concerning you will be processed by us. If such processing has taken place, you may request information from us pursuant to art. 15 GDPR.

 2. Right to rectification in accordance with art. 16 GDPR. You have a right of rectification and/or completion if the personal data processed concerning you are incorrect or incomplete.

3. Right to restriction of processing according to art. 18 GDPR. If processing has been restricted, you will be informed by us before the restriction is removed.

4. Right to erasure in accordance with art. 17 GDPR. You can demand that  the personal data concerning you must be deleted without delay, and we are obliged to delete this data without delay, if one of the reasons specified in art. 17(1) GDPR applies. For all other information see art. 17 GDPR.

5. Right to information in accordance with art. 19 GDPR. If you have exercised your right to rectify, delete or limit the data processing, we're obliged to notify all recipients to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort.

6. Right to data portability in accordance with art. 20 GDPR. You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided (provided that the conditions are met). For all other information see art. 20 GDPR.

7. Right to object according to art. 21 GDPR. You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions. For all other information see Articles 21 and 22 of the GDPR.

8. Automated individual decision-making, including profiling. According to art. 22 GDPR you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. For all other information see art. 22 GDPR.

9. The right to withdraw the consent according to art. 7(3) GDPR. You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

10. Right to lodge a complaint with a supervisory authority according to art. 77 GDPR. Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of personal data relating to you infringes the GDPR.

X. Security

We have put in place reasonable physical, electronic, and managerial procedures to safeguard and prevent unauthorized access, maintain data security, and correctly use the information we collect through this website. Account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Due to the nature of the Internet and related technology, we cannot guarantee the security of your personal information and we expressly disclaim any such obligation.

XI. Children

This website is not intended for anyone under the age of 16. We do not knowingly collect personally identifiable information from children. 

 

XII. Operated from United States

 The website is operated from within the United States. Any information provided to or through this website will be transferred to the United States for processing and by providing any personal information to us through a website form or otherwise, you consent to such transfer for processing consistent with this privacy policy.

XIII. NOTICE TO CALIFORNIA RESIDENTS-YOUR CALIFORNIA PRIVACY RIGHTS

Under California law, California residents may request certain information about the type of your personal information we share with third parties for direct marketing purposes and the identity of any such third party. Once per calendar year, California residents may request this information by contacting us as set forth below. 

Additionally,  the California Consumer Privacy Act (“CCPA”) provides residents of California a number of rights as they relate to personal information. These are the “right to know”, the “right to delete”, and the “right to opt-out”.

Right to Know. You may request that we provide you the specific pieces of personal information we have about you that it has collected or sold in the preceding 12 months; categories of personal information we have collected about you; categories of sources from which the personal information is collected; categories of personal information that we sold or disclosed for a business purpose about you; categories of third parties to whom the personal information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling personal information.  Should you wish to exercise this right, please see the section below which explains how to do so. 

Right to Delete.  You have the limited right to request deletion of their personal information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain personal information, we are not under an obligation to delete such information, even when requested. Generally, we retain personal information so we may complete the transaction or request for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our relationship with you or the entity through which you have gained access to the website, or otherwise perform a contract between us and you or us and your employer or other entity; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which your provided the information. 

Right to Opt-Out.   If you initially opt in to receiving communications from us and you later decide that you no longer want to receive them, you may opt out of receiving promotional and marketing communications, by notifying us and/or following the method of opting out as indicated in the communication.   You also have the right to opt out of our sale of your information by clicking on the do not sell button [here].

Designating an Authorized Agent.  You may designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. As part of this process, you must have permission from your authorized agent to disclose their personal information to us for the purpose of acting as your agent.

Non-discrimination. California law does not permit us to discriminate against you because you exercised any your rights under California law. 

Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights you may do so by contacting us via the methods noted below. Please be aware that we reserve the right to seek additional personal information and documentation in order to verify your identity and request. 

Please submit your request in writing to the address below or contact us at the toll-free number or email below:

Energy Group Networks LLC

55 S. Market St, STE 1616

San Jose, CA, 95113

USA

support@opencolo.com

www.opencolo.com

Process: Upon receiving your request our team will: 1) log the receipt of your request, including the date and time received; 2) confirm receipt of your request; 3) take reasonable steps (including seeking additional information or documentation to the extent necessary) to verify your identity, 4) evaluate the request; 5) once the evaluation is completed, take action consistent with the evaluation; and 6) formally respond to your request accordingly. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business and in order to comply with record keeping requirements.   You should expect an initial acknowledgement of receipt within ten (10) business days and a response to your request within 45 days. Depending on the nature of your request and the volume of requests we receive, we reserves the right to extend the time to respond for an additional time period consistent with applicable law. In addition, if we process your information as a service provider for one of our customers, we may notify that customer and you may receive a formal response from our customer. 

» Changing Info

We encourage you to update your personal information to keep it current. You can update your personal information in the admin interface at any time at https://billing.egihosting.com/

We strongly recommend that you not disclose your password to anyone. Should someone with access to your password wish, all of your account information can be changed. You will be held liable for any activity that may occur as a result of an unauthorized person using  your password. Therefore, if you have lost your password or believe that your password has been compromised, you should immediately contact any member of the OpenColo.com staff to rectify the situation.

» Questions

By using our web site, you approve of the collection and use of your information by https://opencolo.com/. If at any time, we change our privacy policy, we will post those changes here. Should you have any questions about your privacy at https://opencolo.com/, please send e-mail to Support@opencolo.com.