Privacy Policy

Introduction

Downstream System Inc. (“Downstream,” “we,” “us,” or “our”) operates the Downstream Marketplace platform, which connects construction professionals with equipment rental suppliers, waste management services, and site service providers. This Privacy Policy describes how we collect, use, disclose, and protect your personal information when you use our website (trydownstream.com), mobile applications, and related services (collectively, the “Services”).

By using our Services, you agree to the collection and use of information in accordance with this policy. If you do not agree with our policies and practices, please do not use our Services.

1. Information We Collect

1.1 Information You Provide

We collect information you provide directly to us, including:

• Account Information: Name, email address, phone number, company name, job title, and password when you create an account.
• Business Information: Company details, EIN/Tax ID, business licenses, insurance certificates, and billing information for suppliers.
• Payment Information: Credit card numbers, bank account details, and billing addresses processed through our secure payment partners.
• Project Information: Job site addresses, project details, equipment needs, and delivery instructions.
• Communications: Messages, reviews, ratings, and feedback you share through our platform.
• Identity Verification: Government-issued ID, business documentation, and other verification materials when required.

1.2 Information Collected Automatically

When you use our Services, we automatically collect:

• Device Information: Device type, operating system, unique device identifiers, browser type, and mobile network information.
• Usage Data: Pages visited, features used, search queries, click patterns, and time spent on our platform.
• Location Data: IP address, GPS coordinates (with your permission), and location inferred from your job site addresses.
• Transaction Data: Order history, booking details, payment records, and delivery confirmations.
• Log Data: Server logs, error reports, and system activity.

1.3 Information from Third Parties

We may receive information from:

• Business Partners: Suppliers, logistics partners, and service providers who integrate with our platform.
• Credit Agencies: Credit reports and business verification data when you apply for Net 30 terms.
• Public Sources: Business registries, public records, and professional directories.
• Marketing Partners: Information from advertising networks and analytics providers.

2. How We Use Your Information

We use the information we collect to:

2.1 Provide and Improve Our Services

• Process and fulfill equipment rental bookings and service orders
• Connect customers with appropriate suppliers based on location and availability
• Process payments, refunds, and invoicing
• Provide customer support and respond to inquiries
• Improve our platform's functionality, user experience, and service offerings
• Develop new features and services

2.2 Safety and Security

• Verify user identity and prevent fraud
• Monitor for suspicious activity and security threats
• Enforce our Terms of Service and policies
• Protect the rights, property, and safety of our users and the public

2.3 Communications

• Send transactional messages about your orders and account
• Provide updates about new features, promotions, and services (with your consent)
• Send reminders, confirmations, and delivery notifications
• Facilitate communication between customers and suppliers

2.4 Analytics and Personalization

• Analyze usage patterns to improve our Services
• Personalize your experience with relevant recommendations
• Measure the effectiveness of our marketing campaigns
• Generate aggregated, de-identified insights about our marketplace

3. How We Share Your Information

We may share your information in the following circumstances:

3.1 With Marketplace Participants

• Suppliers: Your name, contact information, job site address, and project details necessary to fulfill your orders.
• Customers: Supplier business information, equipment details, and service capabilities.
• Delivery Partners: Addresses and contact information necessary for equipment delivery and pickup.

3.2 With Service Providers

We share information with trusted third-party service providers who perform services on our behalf, including:

• Payment processors (Stripe, Plaid)
• Cloud infrastructure providers (AWS, Vercel)
• Customer support platforms
• Analytics and marketing services
• Identity verification services
• Communication platforms (email, SMS)

3.3 For Legal and Safety Purposes

We may disclose information when we believe it is necessary to:

• Comply with applicable laws, regulations, or legal processes
• Respond to lawful requests from government authorities
• Protect the rights, property, or safety of Downstream, our users, or others
• Detect, prevent, or address fraud, security, or technical issues
• Enforce our agreements and policies

3.4 Business Transfers

If Downstream is involved in a merger, acquisition, reorganization, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any change in ownership or uses of your personal information.

3.5 With Your Consent

We may share your information in other ways if you have given us explicit consent to do so.

4. Data Retention

We retain your personal information for as long as necessary to provide our Services, comply with legal obligations, resolve disputes, and enforce our agreements. Specific retention periods include:

• Account Information: Retained while your account is active and for 7 years after closure for legal and tax purposes.
• Transaction Records: Retained for 7 years to comply with financial regulations.
• Communication Logs: Retained for 3 years for dispute resolution and quality assurance.
• Analytics Data: Aggregated data may be retained indefinitely; identifiable data is deleted after 2 years.

5. Data Security

We implement industry-standard security measures to protect your personal information, including:

• Encryption: All data transmitted between your device and our servers is encrypted using TLS 1.3.
• Secure Storage: Sensitive data is encrypted at rest using AES-256 encryption.
• Access Controls: Strict access controls limit who can access your data within our organization.
• Regular Audits: We conduct regular security assessments and penetration testing.
• PCI Compliance: Payment information is processed through PCI-DSS compliant payment processors.

While we strive to protect your information, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security.

6. Your Rights and Choices

6.1 Account Information

You can access, update, or correct your account information at any time by logging into your account settings. You may also request account deletion by contacting us at privacy@trydownstream.com.

6.2 Communication Preferences

You can opt out of promotional communications by clicking the “unsubscribe” link in our emails or adjusting your notification settings. Note that you cannot opt out of transactional messages related to your orders and account.

6.3 Location Data

You can disable location services through your device settings. Note that some features may not work properly without location data.

6.4 Cookies and Tracking

Most browsers allow you to refuse or delete cookies. You can also opt out of interest-based advertising through industry tools like the Digital Advertising Alliance's opt-out page.

7. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you.
• Right to Delete: Request deletion of your personal information, subject to certain exceptions.
• Right to Correct: Request correction of inaccurate personal information.
• Right to Opt-Out: Opt out of the “sale” or “sharing” of your personal information for targeted advertising.
• Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

To exercise these rights, contact us at privacy@trydownstream.com or call 1-833-209-4076. We will verify your identity before processing your request.

Do Not Sell or Share My Personal Information:Downstream does not sell personal information in the traditional sense. However, some of our advertising practices may constitute “sharing” under CCPA. You can opt out by emailing privacy@trydownstream.com.

8. Other State Privacy Rights

Residents of Virginia, Colorado, Connecticut, Utah, and other states with comprehensive privacy laws may have similar rights to access, delete, and correct their personal information. Contact us to exercise these rights.

9. Children's Privacy

Our Services are intended for business use and are not directed to individuals under 18 years of age. We do not knowingly collect personal information from children under 18. If we learn we have collected information from a child under 18, we will delete that information promptly.

10. International Data Transfers

Downstream is based in the United States, and your information is processed and stored in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located.

11. Cookies and Tracking Technologies

We use cookies and similar technologies to:

• Essential Cookies: Enable core functionality like authentication and security.
• Performance Cookies: Help us understand how visitors interact with our platform.
• Functional Cookies: Remember your preferences and settings.
• Marketing Cookies: Deliver relevant advertisements and measure campaign effectiveness.

12. Third-Party Links and Services

Our Services may contain links to third-party websites and services. We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before providing them with your information.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for legal, operational, or regulatory reasons. We will notify you of material changes by posting the updated policy on our website and updating the “Last Updated” date. We encourage you to review this policy periodically.

14. Contact Us

If you have questions about this Privacy Policy or our data practices, please contact us: