Acuity, Inc. Privacy, Terms of Use, and Cookies Policy

Effective October 1, 2020

At Acuity, Inc., we respect your concerns about privacy. This Online Privacy Notice applies to myacuity.com and other external Acuity, Inc websites that link to this Notice. This Notice describes the types of personal information we collect, how we use the information, with whom we share it and the choices available to users of our sites regarding our use of the information. We also describe the measures we take to protect the security of the information and how users can contact us about our privacy practices.

If you are a California resident, please see our specific privacy statement for California residents below.

This page and its subsections will tell you about how Acuity, Inc. and/or its affiliates, (“Acuity”; “we”) protect the personal data we process and control relating to you (“your personal data”; “your data”) and which rights you have in relation to the processing of your personal data.

Click on one of the links below to jump to the listed section:

1. Terms of Use
2. Information We Collect
3. How We Use the Information We Collect
   1. Cookie Policy
4. Information Retention and Data Transfers
   1. Disclosure of information to third parties
5. How We Protect Personal Information
6. Your Rights and Choices
   1. Notice for California residents
7. Links To Other Websites
8. Updates To Our Online Privacy Notice
9. How To Contact Us

Terms of Use

By accessing and using this Site, you agree to these Terms of Use and you also agree to comply with all applicable laws in accessing and using this Site.

1. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Acuity, Inc.  or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved. References to other parties’ trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.

2. Use of site content

Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content. You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Website.

3. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Acuity and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to Acuity or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Acuity or its licensors.

4. Disclaimers and Liabilities

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT ACUITY IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

ACUITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER ACUITY NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN THE ACUITY NETWORK OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

Information We Collect

The bulk of the personal information we collect and use for marketing purposes relates to Site user submissions, in addition to individual employees of our clients and other companies with which we have an existing business relationship. We may also obtain contact information from public sources, including content made public at social media websites, to make an initial contact with a relevant individual at a client or other company.

The types of personal information we collect may include:

How We Use the Information We Collect

• Provide and improve the Sites
• Provide products and services;
• Applicable legal or regulatory requirements
• Requests and communications from competent authorities
• Administer your participation in, special events, programs, offers, surveys and market research;
• Privacy or copyright issues or activities related to our Terms and Conditions
• Thought leadership or Promotional or Communication purposes
• Analyze the use of the Sites and user data to understand and improve the Sites;
• Content Customization and Data Analysis
• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
• Process employment applications and provide human resources services;
• Evaluate potential suppliers and subcontractors and manage our relationships with them;
• protect against, identify, and prevent cybersecurity and other security events, espionage, fraud and other unlawful activity, claims and other liabilities; and
• comply with and enforce applicable legal requirements, relevant industry standards and our policies.

Cookie Policy Notice

By consenting to our cookie policy, you agree that we can place cookies and other similar technology on your devices. By continuing to use your devices to access this website, you agree that the following information may be collected: your unique device identifier, mobile device IP address, information about your device’s operating system, mobile carrier and your location information (to the extent permissible under applicable law).

What are cookies?

Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a site and allow a site to recognize your device. Your web browser then sends these cookies back to this website on each subsequent visit so that it can recognize you and remember things like your user preferences. Cookies are currently the best way to effectively identify unique website visitors and understand how they navigate our Services. Acuity uses cookies for tracking purposes or to make our Sites easier to use and tailored for individual users. Like many websites, we do not currently respond to “do not track” browser headers except where legally required. But with most Web browsers, you can take steps to limit tracking by erasing cookies from your device and by setting your browser to block all cookies or warn you before a cookie is stored.

Why do we use cookies and similar technologies?

Cookies do a lot of different jobs, such as letting you navigate between pages efficiently, remembering your preferences and generally improving the user experience. They can also help to ensure that the advertisements you see online are more relevant to you and your interests. We use these cookies and similar technologies to compile information about your website usage and your interaction with email or other communications, to measure performance, and to provide content and ads that are more relevant to you.

Types of Cookies we use:

Some cookies we use are from third parties to determine which users have come to this website after visiting affiliated sites, and compile statistics about the effectiveness of our promotional campaigns, perform analytics, enable social networking features, and other operations. We may also use web beacons or other technologies for similar purposes as above and we may include these on our sites, in marketing e-mail messages or our newsletter, affiliated websites, to determine whether messages have been opened and links clicked on. Web beacons do not place information on your device, but they may work in conjunction with cookies to monitor website activity.

The use of web beacons does not provide us with any personal information. Web beacons do not place information on your device but may work in conjunction with cookies to monitor activity. You cannot remove or block web beacons, but you can remove or block cookies with which they work to block the collection of information about your user activity.

We may also use tracking technologies to determine whether you have read, clicked on, or forwarded certain email communications we send to you so that we can make our communications more helpful and interesting. If you do not wish us to confirm whether you have opened, clicked on or forwarded our communications, you will need to unsubscribe, as it is not possible for us to send these emails without tracking enabled. Registered subscribers can update their communication preferences at any time by contacting us, or you can unsubscribe following the instructions in the individual email communications you receive from us.

Controlling Your Cookies

By using this website, you agree that we can place cookies on your computer or device as explained above. If you want to remove existing cookies from your device, you can do this using your browser options. If you want to block future cookies being placed on your device, you can change your browser settings to do this. Please bear in mind that deleting and blocking cookies will have an impact on your user experience as parts of the site may longer be fully accessible. Unless you have adjusted your browser settings to block cookies, our system will issue cookies as soon as you visit our site or click on a link in a targeted email that we have sent you, even if you have previously deleted our cookies.

Information Retention and Data Transfers

We retain personal information as necessary for the duration of the purposes outlined in this Privacy Notice. Notwithstanding the duration of the purpose, we may retain your information to comply with our legal or professional obligations, enforce our agreements, or resolve disputes.

Disclosure of information to third parties

Any personal information that we have referenced above under “Information collection” may be disclosed to the third parties identified in this section for the purposes set forth herein.

We may provide your personal information to Acuity partners and contractors to provide you with accurate and pertinent information that is of interest to you, as well as conduct research. Your personal information may also be disclosed to Acuity partners and other third parties: in order to respond to your requests or inquiries; as part of a corporate transaction (such as a sale, divestiture, reorganization, merger or acquisition); or where those parties handle information on our behalf.

Personal information may also be disclosed to law enforcement, regulatory or other government agencies, or to other third parties, in each case to comply with legal, regulatory, or national security obligations or requests.

In relation to Communications, we may also share your personal information with service providers in connection with the delivery of such Communications.

By providing information with respect to a Communication or through the Site, you are consenting to the disclosures described above.

Selling of information

We do not sell your personal information that is collected under this Privacy Notice. To the extent we sell any personal information that falls outside the scope of this Privacy Notice, we will disclose our selling practices in the applicable privacy notices linked below.

How we protect your information

We maintain organizational, physical, and technical security arrangements for all the personal data we hold. We have protocols, controls and relevant policies and procedures to protect against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use.

Acuity adopts market leading security measures to protect your personal data in accordance with applicable laws and our data privacy policies.

Your Rights and Choices

You are entitled (in the circumstances and under the conditions, and subject to the exceptions, set out in applicable law) to:

• Request access to the personal data we process about you
• Request a rectification of your personal data
• Request that Acuity no longer processes your personal data.
• Request the erasure of your personal data
• Request that Acuity only processes your personal data in limited circumstances
• Request copies of your personal data

To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as indicated in the “How To Contact Us” section of this Online Privacy Notice.  You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward. Please note that this will not affect Acuity’s right to process personal data obtained prior to the withdrawal of your consent, or its right to continue parts of the processing based on other legal bases than your consent.

Notice for California residents

If you are a California resident, you are entitled to request information concerning any personal information you provide to us as part of an established business relationship for personal, family, or household purposes.  In compliance with CCPA we will require certain identifying information from you to verify your request. We will honor your request in compliance with CCPA but may be required to continue to retain or share portions of your personal information to comply with regulatory or legal obligations.

Links To Other Websites

Our Sites may provide links to other websites. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.

Updates To Our Online Privacy Notice

This Online Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post the updated version on our Sites and indicate at the top of the notice when it was most recently updated.

How To Contact Us

If you have any questions or comments about this Online Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by filling out this information request form or writing to us at:

Acuity, Inc.

Attn: Corporate Communications/Privacy

11710 Plaza America Dr Suite 700

Reston, VA 20190