Effective November 1, 2018
- “Customer” means a customer of Company.
- “Customer Data” means Personal Data a Customer provides to us.
- “Personal Data” means any information relating to an identified or identifiable natural person or considered personally identifiable information by applicable law.
- “Public Area” means those portions of the Service that can be accessed both by Customers and Visitors, without needing to log in.
- “Restricted Area”means those portions of the Service that can be accessed only by completing a transaction through the Website, or which otherwise requires login information.
- “User” means a Customer or a Visitor.
- “Visitor” means an individual other than a Customer, who uses the public area, but has no access to the Restricted Area of the Websites or Service.
2.1 Customer Provided Information. We collect information to provide and improve our Service to you. We sometimes collect Personal Data including:
- “Payment Information”: In providing Services, we may collect personally identifiable information, including a person’s name, physical address, mailing address, billing address, email address, birth date, credit or debit card number, credit or debit card expiration date, other billing information, username, password, on occasion a unique identifier (for account security purposes), and other personally identifiable information that may be required for completing transactions. We may share these with banks or financial institutions, or other third parties as reasonably necessary to process payments or provide the Services
“Usage Data”: We may also collect information that your browser sends whenever you visit our Service. This may include information such as your computer’s Internet Protocol address (i.e. IP address), browser type, browser version, the pages of our Websites that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and the like. Usage Data may also include data about your purchasing patterns, your contact details, and your profile information.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
- “Account Activities Information”: We may record and retain the records of your account activities when you use the Service. We may associate information about you with the pages or reports which you may have viewed recently at our Websites and/or a history of any subscriptions and any communications you may have had with any of our representatives, including any problems with the Service you may have reported and other non-personally identifiable information.
- “Statistical Information”: In addition, we may gather statistical information about our Websites and Users, including using your personally identifiable information (including your address) along with demographic data such as usage information both internally and externally for ongoing analytics purposes, both in aggregated and user-specific form. Some of this information may be gathered through cookies. For ease of reference, we have a separate cookie disclosure below.
- “Marketing Information”: From time to time, we may gather information about our Users and prospective users during trade shows, marketing events and other functions for follow up marketing purposes.
- “Disclosed Personal Information”: From time to time, our Users may disclose Personal Data deliberately or inadvertently including without limitation to personal identifiers such as name, email addresses, telephone number, facsimile number and IP address of individuals in the course of using the Websites. For example, Users may provide information through the Websites by filling out an intake or inquiry form or by making a purchase on behalf of another person or entity.
2.2 Information Collected by Customers. Our Customers may collect information that could directly or indirectly contain Personal Data. Company may have no direct relationship with non-Customer Users whose Personal Data a Customer may collect or provide as part of Customer Data. Each Customer is responsible for providing notice to Users with whom it has contractual privity or a relationship concerning the purpose for which the Customer collects their Personal Data and how this Personal Data is processed in or through the Service as part of Customer Data.
You can determine if and how a cookie will be accepted by configuring your browser, which is installed in the computer you are using to access the Company Websites. If you desire, you can change those configurations in your browser to accept all cookies, to be notified when a cookie is sent, or to reject all cookies. If you reject all cookies you may be required to re-enter your information on our Company Websites more often and certain features of our Company Websites may be unavailable.
Examples of Cookies we may use:
- Session Cookies. We may use Session Cookies to operate our Service.
- Preference Cookies. We may use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We may use Security Cookies for security purposes.
2.4 Collected Information. By “Collected Information” we mean information collected by cookies, information collected by Customers that is provided to us or collected by us as Payment Information, Usage Data, Account Activities Information, Statistical Information, Marketing Information, Disclosed Personal Information and any information we may collect from you, from our affiliates, or from other parties or through any other means.3. How We Use Collected Information
We may use the Collected Information for various purposes:
3.1 General: We use your Collected Information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Websites’ content, layout and Service specifically for you. We may use Collected Information to provide technical support to Customers or other services to Customers, including but not limited to investigating problems, resolving disputes and enforcing agreements with us. We may use Collected Information to facilitate proper operation of our Service and business activities of Users including without limitation by providing or sharing depersonalized statistical data.
We may also use Collected Information to provide services that you request or to contact you regarding additional services about which Company determines that you might be interested. Specifically, we may use your email address, mailing address, phone number, mobile number or fax number to contact you regarding notices, surveys, product alerts, new service or product offerings and communications relevant to your use of our Websites. We may also generate reports and analysis based on Collected Information for internal analysis, monitoring, and marketing decisions.
3.2 Payment Information: We may use your Payment Information to process Customer payments or as necessary to provide the Services.
3.3 Usage Data: We may use Usage Data to provide value-added services to our Users, affiliates, or related entities, including without limitation to providing pattern and behavioral data to facilitate marketing initiatives and decision-making.
3.4 Account Activities Information: We use Account Activities Information to provide the Services that you request. We may also generate reports, statistics and analysis based on Account Activities Information to enhance and improve our Services.
3.5 Statistical Information: We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Services, and to enhance our Services based on the usage pattern data we receive. We also may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, in particular information concerning building energy usage and patterns of usage. When we provide Statistical Information to third parties, we depersonalize or anonymize any Personal Data to prevent disclosure of personally identifying information without your permission. We will seek your written consent if we ever wanted to send Statistical Information to third parties that was not depersonalized or anonymized.
3.6 Disclosed Personal Information: Uses of any Personal Data by any of our Customers or Users are subject to privacy laws in each of their respective jurisdictions. Each of our Customers is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Websites and Services are in compliance with the same. Each of our Customers is expressly prohibited from using any Personal Information for illegal activities.4. Disclosure Of Data
4.1 Unrestricted Information. Any information included in a Public Area of the Service will be available to any User who has access to that content.
4.2 Disclosure to Service Providers. We may provide Collected Information to our affiliates and service providers under contract to support the operation of the Websites and Service. We work with third-party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Customer Data 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.
4.4 Disclosure for Law Enforcement. Under certain circumstances, Company may be required to disclose or make public Collected Information, including Personal Data. For example, we may disclose Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation, for example in response to a subpoena or other judicial order or when we reasonably believe that such disclosure is required by law, regulation or administrative order of any court, governmental or regulatory authority.
- To protect and defend the rights or property of Company, including to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of Company, our Users, partners, affiliates, or anyone else who could be harmed by such activities.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of Users of the Service or the public
- To protect against legal liability
- To pursue a claim or prevent further injury to Company or others If we have reason to believe that a User is in breach of any policy or agreement with us
Company may also retain Usage Data for internal analysis purposes. While Usage Data is generally retained for a shorter period of time, it may be retained for a longer period of time if it is used to strengthen the security or to improve the functionality of our Service, or if we are legally obligated to retain this data for longer time periods.6. Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
We may establish relationships with other parties that may offer you the benefit of other products and services that we ourselves do not offer. The privacy policies of such other parties may differ from ours, and we may not have any control over the information that you submit to such third parties or co-branded sites. We therefore encourage you to read those policies before responding to any offers, products or services provided by such other parties.8. Security Of Data
Please note that no method of transmission over the Internet, wireless transmission, or method of electronic storage is perfectly secure. The security of your data is important to us, and we strive to use commercially acceptable means to protect your Personal Data. However, we cannot guarantee its security.9. Children’s Privacy
Our Service does not address and is not directed towards anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you are aware that Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent or other legal justification, we will take steps to remove that information from our servers.10. Your Rights
Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
10.1 Modifying Personal Data. If you need to change or modify Personal Data you have provided to us, please contact us to make the required changes.
10.2 Removing Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. If you are not a Customer, you must first contact any other entity that collected or processed your data, e.g. if somebody else provided your data to us you must first contact that person.
10.3 Data Portability. You have the right to data portability for the information you provide to Company. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. Company will provide such data as it may be reasonably available and technologically feasible to obtain or segregate from other data.
10.4 Other Data Subject Rights. In certain circumstances, you have the right:
- To access and receive a copy of the Personal Data we hold about you
- To rectify any Personal Data held about you that is inaccurate
- To request the deletion of Personal Data held about you