Website Terms & Conditions

1. Acceptance of these Terms

By accessing or using this website, you agree to these Website Terms & Conditions ("Terms"). If you do not agree, you must not use the website.

2. About this website

This website is provided for general information about datarail, our services, our technology, and related business activities. Unless we expressly agree otherwise in writing, nothing on this website constitutes:

• professional, legal, financial, technical, or compliance advice;
• a binding offer to supply products or services; or
• a commitment that any product, feature, functionality, roadmap item, release date, or integration will be available.

3. Eligibility and acceptable use

You may use this website only for lawful purposes and in accordance with these Terms. You must not:

• use the website in any way that breaches applicable law or regulation;
• interfere with, disrupt, damage, probe, scan, reverse engineer, or test the vulnerability of the website or any connected system, except as permitted by mandatory law;
• introduce malware, malicious code, automated scraping, bots, or harmful material;
• attempt to gain unauthorized access to the website, its infrastructure, or related systems;
• use the website to infringe intellectual property, privacy, confidentiality, or other rights;
• misrepresent your identity or affiliation;
• copy, reproduce, republish, frame, mirror, or exploit substantial parts of the website except as permitted by law or with our written consent.

4. Intellectual property

Unless otherwise stated, the website and all content on it, including text, graphics, branding, logos, designs, software, layout, audio, video, downloads, and other materials, are owned by or licensed to datarail and are protected by intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the website for your internal, lawful, non-commercial evaluation of datarail and its offerings. No rights are granted except as expressly stated in these Terms.

You must not use our name, logo, trade marks, product names, domain names, or brand assets without our prior written permission, except for truthful referential use permitted by law.

5. No reliance and forward-looking statements

Website content may be incomplete, out of date, simplified, or prepared at a high level. Any case studies, metrics, examples, diagrams, or statements about future capabilities are illustrative unless expressly stated otherwise.

We do not warrant that website content is accurate, complete, or suitable for any particular purpose. You are responsible for evaluating whether the website and any information on it are appropriate for your needs.

6. Third-party links and materials

This website may contain links to third-party websites, tools, documents, or services. These links are provided for convenience only. We do not control and are not responsible for third-party content, security, availability, privacy practices, or terms.

Your use of third-party websites or services is governed by their own terms and policies.

7. Security and prohibited activity

You must not attempt to bypass access controls, overload the website, perform denial-of-service activity, harvest data, or use automated means to access the website except through standard indexing or as expressly authorized by us in writing.

We may suspend, restrict, block, or terminate access at any time if we reasonably believe you have breached these Terms or created risk to us, our users, or our systems.

8. Privacy and cookies

Our collection and use of personal information is described in our Privacy Policy. Our use of cookies and similar technologies is described in our Cookie Policy.

Where required by law, non-essential cookies or similar technologies will only be used with your consent.

9. Submissions and feedback

If you provide feedback, suggestions, ideas, comments, feature requests, or other submissions to us, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right to use, reproduce, adapt, modify, publish, and otherwise exploit that feedback for any lawful purpose, without restriction or compensation to you, unless otherwise agreed in writing.

Do not send us confidential information through the website unless we have expressly agreed in writing to receive it subject to confidentiality obligations.

10. Availability and changes

We may modify, suspend, withdraw, restrict, or discontinue any part of the website at any time without notice. We do not guarantee that the website, or any content on it, will always be available, uninterrupted, secure, or error-free.

We may update these Terms from time to time by posting an updated version on this website. The updated Terms will take effect when posted, unless a later date is stated.

11. Disclaimers

To the fullest extent permitted by law, the website and all content are provided on an "as is" and "as available" basis.

We disclaim all representations, warranties, and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, or compatibility.

We do not warrant that the website will be free from bugs, viruses, vulnerabilities, or harmful components, although we take reasonable measures appropriate to the website.

Nothing in these Terms excludes any representation, condition, warranty, or right that cannot lawfully be excluded.

12. Limitation of liability

To the fullest extent permitted by law, datarail and its affiliates, officers, employees, contractors, licensors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive loss or damage, or any loss of profits, revenue, business, goodwill, contracts, anticipated savings, data, or opportunity, arising out of or in connection with your use of, or inability to use, the website.

To the fullest extent permitted by law, our aggregate liability arising out of or in connection with the website or these Terms will not exceed USD 100.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

13. Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless datarail and its affiliates, officers, employees, contractors, licensors, and agents from and against claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms;
• your misuse of the website;
• your infringement of any rights of another person or entity; or
• your violation of applicable law.

14. Export controls and sanctions

You must not access, use, export, re-export, or transfer any content or materials from this website in violation of applicable export control, trade sanctions, or import laws.

15. Governing law and dispute resolution

These Terms are governed by the laws of New Zealand, excluding conflict of laws principles.

The courts of New Zealand will have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms or the website. We may also bring proceedings in any other court with competent jurisdiction where necessary to protect our rights or enforce these Terms.

Nothing in this section limits any non-excludable rights or remedies available to consumers under applicable law.

16. Consumer rights and mandatory laws

If you are a consumer, you may have mandatory rights under the laws of your country that cannot be excluded by these Terms. Nothing in these Terms limits those rights.

17. Contact

Questions about these Terms should be sent to: hello@datarailer.com

Privacy Policy

1. Scope

This Privacy Policy explains how datarail collects, uses, discloses, stores, and otherwise processes personal information through this website and related pre-sales, marketing, and business communications.

This policy applies to personal information we collect when you:

• visit or interact with our website;
• submit an inquiry, book a meeting, request a demo, or contact us;
• sign up for updates, newsletters, or event communications;
• interact with our pages, emails, or marketing materials; or
• otherwise communicate with us in connection with our business.

This policy does not govern customer data that we process solely on behalf of customers under separate contracts for our products or services. Those data processing arrangements should be governed by separate product terms, privacy terms, and where relevant, a data processing agreement.

2. Personal information we collect

Depending on how you interact with us, we may collect the following categories of personal information:

Information you provide directly

• name;
• work email address;
• company name;
• job title;
• phone number;
• country or region;
• message content, inquiry details, or meeting requests; and
• any other information you choose to provide.

Information collected automatically

• IP address;
• approximate location derived from IP;
• browser type and version;
• device type and operating system;
• referring pages and URLs;
• pages viewed, clicks, session timing, and navigation activity;
• date/time stamps;
• unique online identifiers, cookies, or similar technologies; and
• error, diagnostics, or performance data.

Information from third parties

We may receive business contact information and related details from:

• analytics providers;
• CRM and marketing automation providers;
• event, scheduling, webinar, or form providers;
• social media or professional network platforms;
• public business sources; and
• referral partners.

3. How we use personal information

We use personal information for the following purposes:

• to operate, secure, maintain, and improve the website;
• to respond to inquiries and communicate with you;
• to provide demos, pre-sales information, or requested materials;
• to manage newsletters, events, and marketing communications;
• to analyze website usage, performance, and effectiveness;
• to personalize website content and business communications where permitted;
• to prevent fraud, abuse, and security incidents;
• to comply with legal obligations and enforce our rights; and
• to support corporate transactions, recordkeeping, auditing, and internal administration.

4. Legal bases for processing (GDPR / UK GDPR)

Where GDPR or UK GDPR applies, we rely on one or more of the following legal bases:

• Legitimate interests: operating and improving our website, securing our services, handling business inquiries, measuring website performance, preventing fraud, and managing B2B communications;
• Consent: where required, including for non-essential cookies, certain analytics, and some marketing communications;
• Performance of a contract or steps at your request: where you ask us to provide information, a demo, or take pre-contractual steps; and
• Legal obligation: where processing is necessary to comply with applicable law, regulation, or lawful requests.

Where we rely on legitimate interests, we balance those interests against your rights and interests.

5. Cookies and similar technologies

We use cookies and similar technologies as described in our Cookie Policy. Where required by law, we obtain consent before placing non-essential cookies or similar technologies on your device. You can manage your preferences through our cookie banner or settings tool.

6. Marketing communications

We may send business-related updates, product information, event invitations, or similar communications where permitted by law.

You can unsubscribe from marketing emails at any time using the unsubscribe link in the message or by contacting us. Unsubscribing from marketing messages does not affect service, transactional, legal, or relationship-management communications.

7. How we disclose personal information

We may disclose personal information to:

• service providers that support hosting, analytics, email delivery, forms, CRM, marketing, scheduling, security, and IT operations;
• professional advisers such as lawyers, auditors, insurers, and accountants;
• corporate affiliates;
• counterparties involved in an actual or proposed merger, acquisition, financing, reorganization, sale of assets, or similar transaction;
• regulators, law enforcement, courts, or other authorities where required by law; and
• other parties with your direction or consent.

We do not sell personal information for money. However, some analytics and advertising technologies may be treated as a "sale" or "sharing" of personal information under California law, depending on your configuration and vendors. If that applies, we will provide the required rights and notices.

8. International transfers

Datarail Limited is based in New Zealand. We may transfer personal information to countries other than the country where the data was collected, including New Zealand and other jurisdictions where our service providers operate.

Where required by law, we use appropriate safeguards for international transfers, such as adequacy decisions, standard contractual clauses, or equivalent approved mechanisms. New Zealand has been recognized by the European Commission as providing an adequate level of protection for personal data, which helps support transfers from the EEA to New Zealand.

9. Data retention

We retain personal information for as long as reasonably necessary for the purposes described in this policy, including to:

• manage our relationship with you;
• operate the website and business communications;
• maintain security, backups, and business records;
• comply with legal, tax, accounting, and regulatory obligations; and
• resolve disputes and enforce agreements.

Retention periods vary depending on the type of information and purpose. When personal information is no longer required, we delete, anonymize, or securely isolate it in accordance with our retention practices.

10. Security

We implement reasonable technical and organizational measures designed to protect personal information against unauthorized access, destruction, loss, alteration, or disclosure. No system is completely secure, and we cannot guarantee absolute security.

11. Your privacy rights

Depending on where you live, you may have rights that include the right to:

• access or know what personal information we hold about you;
• receive a copy of certain personal information;
• correct inaccurate personal information;
• request deletion of personal information;
• object to or restrict certain processing;
• withdraw consent where processing is based on consent;
• opt out of certain marketing communications;
• opt out of sale or sharing of personal information under California law, where applicable;
• limit certain uses of sensitive personal information under California law, where applicable; and
• lodge a complaint with a supervisory authority or regulator.

To exercise rights, contact us at hello@datarailer.com. We may need to verify your identity before acting on a request. We will not discriminate against you for exercising applicable privacy rights.

12. Children

This website is not directed to children, and we do not knowingly collect personal information from children in connection with this website.

13. Third-party sites and services

Our website may link to third-party sites or services. We are not responsible for their privacy practices, content, or security. Please review their policies separately.

14. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The latest version will be posted on this page with the updated date.

15. Contact

Questions or requests about this Privacy Policy should be sent to: hello@datarailer.com.

GDPR & CCPA/CPRA Notice

1. GDPR / UK GDPR supplemental notice

If you are in the EEA, UK, or Switzerland, the following additional information applies.

Controller

The controller of your personal information is Datarail Limited, trading as datarail.

Legal bases

Our legal bases are described in Section 4 of the Privacy Policy.

Your rights under GDPR / UK GDPR

Subject to applicable law, you may have the right to:

• request access to your personal data;
• request rectification of inaccurate data;
• request erasure of your data;
• request restriction of processing;
• object to processing based on legitimate interests;
• request portability of data you provided to us where processing is based on consent or contract and carried out by automated means;
• withdraw consent at any time, where consent is the basis for processing; and
• lodge a complaint with your local supervisory authority.

International transfers

Where we transfer personal data outside the EEA, UK, or Switzerland, we use safeguards required by applicable law.

Cookies and consent

For visitors in jurisdictions requiring opt-in consent for non-essential cookies, we only place those cookies after obtaining consent through our consent management tool.

2. California notice at collection and privacy rights

This section applies to California residents and is intended to supplement our Privacy Policy under the California Consumer Privacy Act, as amended by the California Privacy Rights Act.

Categories of personal information we collect

In the preceding 12 months, we may have collected the following categories of personal information:

• identifiers, such as name, email address, IP address, online identifiers, and similar identifiers;
• commercial or professional information, such as company name, role, and business inquiry details;
• internet or other electronic network activity information, such as browsing activity, interaction data, and analytics information;
• geolocation data derived from IP address or similar technical data;
• audio, electronic, or similar information if you contact us through recorded events, support channels, or webinars, where applicable; and
• inferences drawn from the categories above to evaluate business interest or improve marketing relevance.

We do not knowingly collect sensitive personal information through the website except where you choose to provide it, and we do not use or disclose sensitive personal information for purposes that would trigger a California right to limit except as allowed by law.

Purposes for collection, use, and disclosure

We collect and use California personal information for the purposes described in Section 3 of the Privacy Policy.

Categories of recipients

We may disclose the categories above to the recipient categories described in Section 7 of the Privacy Policy.

Sale / sharing

We do not sell personal information for monetary consideration. We also do not knowingly sell or share personal information of individuals under 16 years of age.

Where analytics, cookies, or similar technologies are configured in a way that constitutes "sharing" for cross-context behavioral advertising under California law, we will provide an appropriate opt-out mechanism.

California rights

California residents may have the right to:

• know the categories and specific pieces of personal information we have collected;
• know the categories of sources, business purposes, and categories of third parties to whom information was disclosed;
• request deletion of personal information, subject to exceptions;
• request correction of inaccurate personal information;
• opt out of sale or sharing of personal information, where applicable;
• limit certain uses and disclosures of sensitive personal information, where applicable; and
• not receive discriminatory treatment for exercising privacy rights.

How to exercise California rights

You may submit requests by contacting hello@datarailer.com. You may also designate an authorized agent where permitted by law. We may verify your identity before processing your request.

Retention

We retain California personal information for the period reasonably necessary to achieve the disclosed purposes, taking into account the nature of the information, the purposes for collection and use, legal requirements, and operational necessity.

Cookie Policy

1. What this Cookie Policy covers

This Cookie Policy explains how datarail uses cookies and similar technologies on this website, including pixels, tags, local storage, SDKs, and similar tools that store or access information on a device.

2. What cookies are

Cookies are small text files placed on your device when you visit a website. Some cookies are necessary for the website to work. Others help us understand usage, remember preferences, improve performance, or support security and marketing.

3. How we use cookies

We may use cookies and similar technologies for the following purposes:

Strictly necessary

These are used to provide core website functions, such as page delivery, security, load balancing, session continuity, consent management, fraud prevention, and network management. These cookies do not require consent where local law treats them as strictly necessary.

Preferences / functional

These remember choices you make, such as language, region, accessibility preferences, or cookie settings.

Analytics / performance

These help us understand how visitors use the website, including page visits, traffic sources, navigation paths, feature use, error rates, and performance. We use this information to improve the website.

Advertising / targeting

These may be used to measure campaign effectiveness, limit ad frequency, or support advertising based on browsing behavior across sites or services, where permitted and used.

4. Legal basis and consent

Where required by law, we ask for your consent before using non-essential cookies or similar technologies. This generally includes analytics, advertising, and many functional cookies that are not strictly necessary.

You can manage your preferences through our cookie banner or settings tool. Refusing consent will not prevent access to the website, except where a specific cookie is strictly necessary for a requested service.

5. Types of cookies we may use

We may use:

• First-party cookies set by datarail;
• Third-party cookies set by service providers or partners;
• Session cookies that expire when you close your browser; and
• Persistent cookies that remain for a defined period unless deleted earlier.

6. Cookie categories and retention

At the date of this policy, our website is intended to operate on a minimal-cookie basis. We use cookies that are strictly necessary for core site operation, security, and storing your cookie preferences. We do not state that any analytics, advertising, or targeting cookies are active unless and until they are actually deployed.

If we later enable analytics, advertising, embedded media, CRM tracking, or similar tools that use non-essential cookies, we will update this policy and our consent mechanism before those technologies are activated where consent is required.

Cookie / tool	Provider	Purpose	Category	Duration	Consent?
cookie_consent	Datarail Limited	Stores your cookie preferences	Strictly necessary	6 months	No
session_id	Datarail Limited	Maintains session integrity and security	Strictly necessary	Session	No

7. Third-party services

We may use third-party services that set cookies or collect information through similar technologies, such as analytics, video hosting, maps, embedded content, CRM, or marketing tools. These third parties may process data under their own privacy terms.

If you embed third-party content, those providers may place cookies when the content loads. Where required, those cookies should remain blocked until consent is obtained.

8. How to control cookies

You can control cookies in several ways:

• through our cookie banner or preference center;
• through your browser settings, which may allow you to block or delete cookies; and
• through certain third-party opt-out tools, where available.

Please note that blocking some cookies may affect website functionality.

9. Browser controls

Most browsers let you view, manage, delete, and block cookies for a website. If you clear all cookies, any preferences you have set may be lost.

10. Do Not Track and similar signals

Some browsers or extensions offer privacy signals such as Do Not Track or legally recognized opt-out preference signals. Because there is not yet a single universally accepted standard for all privacy signals across all jurisdictions, we do not respond to Do Not Track signals as a general rule.

However, where applicable California law requires recognition of a valid opt-out preference signal in connection with sale or sharing activities, we will honor such signals to the extent required for the relevant processing configuration.

11. International users

Because datarail may serve users in multiple countries, cookie requirements may vary depending on the visitor's location and the laws that apply. We aim to provide consent choices appropriate to applicable law.

12. Changes to this Cookie Policy

We may update this Cookie Policy from time to time. The latest version will be posted on this page with the updated date.

13. Contact

Questions about this Cookie Policy should be sent to: hello@datarailer.com.