Privacy Policy

Effective Date: 08/17/2020

Introduction

Building Engines, Inc. (“Building Engines”) is committed to protecting the privacy of individuals who visit Building Engines’ websites (“Visitors”), individuals who register to use the Services as defined below (“Clients”), and individuals who register to attend Building Engines’ corporate events (“Attendees”). This Privacy Statement describes Building Engines’ privacy practices in relation to the use of Building Engines’ websites and the related applications and services offered by us (the “Services”).

Building Engines uses Amazon Web Services as its data processing partner. For more information on Amazon Web Services’ privacy practices, please visit https://aws.amazon.com/privacy/.

We provide important information for individuals located in the European Union, European Economic Area, and United Kingdom (collectively, “Europe” or “European”) below.

1.  Scope

This Privacy Statement covers the information practices of websites that link to this Privacy Statement, including: http://www.buildingengines.com; http://www.RDM1.com; http://www.awaremanager.com; https://www.requestcom.com; www.buildingadvantage.com; https://www.ravti.com/ as well as the related mobile applications supporting these sites (collectively referred to as “Building Engines’ websites”).

Building Engines and affiliates websites may contain links to other websites. The information practices or the content of such other websites is governed by the privacy statements of such other websites. Building Engines encourages you to review the privacy statements of other websites to understand their information practices.

2.  Information Collected

Information you provide to us. Personal information you may provide to us or our service providers through the Services or otherwise includes:

• Contact data, such as name, company name, title, postal address, telephone number, and email address.
• Billing data, such as billing name and address, contact and purchasing information, the size of the company’s real estate portfolio, the number of assets to be stored by services along with the number of employees within the organization that will be using the Services.
• Profile data, such as your photograph, interests, preferences, or other information you include in an online account profile.
• Registration data, such as your username and password for an online account or other information that may be related to a service, an account, or an event you register for.
• Communications, such as your questions, feedback, or correspondence that you send us.
• Transaction data, such as information about payments to and from you and other details of products or services you have purchased from us.
• Usage data, such as information about how you use the Services and interact with us, including information associated with any content you upload to the websites or otherwise submit to us and information you provide when you use any interactive features of the Services, such as bulletin boards, blogs, or chat rooms on Building Engines’ websites.
• Marketing data, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
• Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Automatic collection.  We, our service providers, and third-party partners may automatically log information about you, your computer or mobile device, and your activity over time on Building Engines’ websites and other Services, such as:

• Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers (e.g., Apple’s ID for Advertising or Google’s Advertising ID), general location information (such as city or state), and precise geolocation (if you permit our Services to access it from your device settings).
• Online activity data, such as the website you visited before browsing to our website, pages or screens you viewed on the Building Engines’ websites or Services, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

Cookies.  Some of our automatic data collection is facilitated by cookies and similar technologies.  Cookies are small data files placed on your computer when you visit a site.  We may set cookies when you use the Site to track user trends and patterns, help you navigate between pages efficiently, remember your preferences and generally improve your browsing experience.  Cookies used on the Site may also be set by analytics service providers and advertising partners.  In addition to cookies, the Site and our emails may use pixel tags (also known as web beacons and clear GIFs) to compile statistics about use of the Building Engines’ websites or Services, measure the success of our marketing campaigns, and indicate whether recipients of our emails open or click links within them. For more information about our use of cookies and similar technologies, please review our Cookie Policy.

Data About Others.  Users of the Services may have the opportunity to refer contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

Data from other sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

• Data providers, such as information services and data licensors.
• Public sources, such as social media platforms.
• Business partners, such as joint marketing partners and event co-sponsors.

3.  Use of Information Collected

We or our service providers may use your personal information for the following purposes:

Service Delivery. We use your personal information to:

• provide, operate and improve the Services
• enable security features of the Services, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
• facilitate social features of the Services, such as by identifying and suggesting connections with other users of the Services and providing chat or messaging functionality
• communicate with you about the Services, including by sending you announcements, updates, security alerts, and support and administrative messages
• understand your needs and interests, and personalize your experience with the Services and our communications
• provide support and maintenance for the Services
• to plan and host corporate events, host online forums and social networks in which event attendees may participate, and to populate online profiles for Attendees
• to respond to your requests, questions and feedback

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Services and our business.  As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect.  We make personal information into anonymous data by removing information that makes the data personally identifiable to you.  We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

Marketing and advertising. We and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

• Direct marketing. We may send you Building Engines-related or other direct marketing communications as permitted by law.  You may opt-out of our marketing communications as described in the Your Choices section below.
• Interest-based advertising.  We may contract with third-party advertising companies and social media companies to display ads on the Building Engines’ websites, Services, and other sites. These companies may use cookies and similar technologies to try to tailor the ads you see online to your interests based on your activity over time across the Building Engines’ websites, Services, and other sites, or your interaction with our emails. These ads are known as “interest-based advertisements.” You can learn more about your choices for limiting interest-based advertising, in the Your Choices section, below.

Compliance and operations. We may use your personal information to:

• operate our business;
• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• enforce the terms and conditions that govern the Services; and
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

For other purposes.  We may also use your personal information for other purposes described in this Privacy Policy or at the time we collect the information.

6.  Sharing of Information Collected

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:

6.1 Service Providers

Third party companies and individuals that provide services on our behalf or help us operate the Services or our business (such as customer support, hosting, analytics, email delivery, marketing, and website analytics).

6.2 Business Partners

Occasionally, Building Engines may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly offered product or service from Building Engines, we may share personal information collected in connection with your purchase or expression of interest with our joint promotion partner(s). Building Engines does not control our business partners’ use of the data and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service. Building Engines does not share data about attendees of Building Engines’ events with business partners.

6.3 Advertising Partners

Third party advertising companies that collect information about your activity on the Building Engines’ websites, Services, and other online services to help us advertise our services, and/or use hashed customer lists that we share with them to deliver ads on their platforms to those customers and similar users.

6.4 Professional advisors

Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

6.5 Authorities and others

Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and operations purposes described above.

6.6 Business transferees

Relevant participants in business transactions (or potential transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Building Engines or our affiliates (including, in connection with a bankruptcy or similar proceedings).

6.7 Other users of the Services and the public

Building Engines may provide functionality that enables you to disclose personal information to other users of the Services or the public. For example, we may provide bulletin boards, blogs, or chat rooms on Building Engines’ websites that allow you to submit content or other information that is available to other users or the public. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Building Engines is not responsible for the personal information you choose to submit in these forums.

Building Engines posts a list of Clients and testimonials on Building Engines’ websites that contain information such as Client’s. Building Engines obtains the consent of each Client prior to posting any information on such a list or posting testimonials.

We do not control how other users, or third parties use any personal information that you make available to such users or the public.

7.  Your Choices

7.1 Communication Preferences

Building Engines offers Visitors, Clients, and Attendees who provide contact information a means to choose how Building Engines uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of Building Engines’ marketing emails. Additionally, you may send a request specifying your communications preferences to privacy@buildingengines.com. Clients cannot opt out of receiving transactional emails related to their account with Building Engines or the Services. Mobile carriers are not responsible or liable for undelivered or delayed messages.

7.2 Correcting and Updating Your Information

Clients may update or change their registration information by editing their record. For additional information please email your inquiry to Privacy@buildingengines.com.

7.3 Interest-based Advertising

Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on from where you access our websites, you may also be asked to consent to our use of cookies, including advertising cookies.

The opt-outs for interest-based advertising require that strictly necessary cookies are not blocked by the settings in your web browser. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.

7.4 Cookies and Browser Web Storage

We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across Building Engines’ websites and third party websites. Review our Online Tracking Opt-out Guide for more information.

8.  Client Data & Building Engines Data

Building Engines Clients may electronically submit data or information (activity data) to the Services for hosting and processing purposes (“Client Data”). Building Engines will not, share, distribute, or reference any such Client Data except as provided here; in the Building Engines Master Subscription Agreement executed with Client, or as may be required by law. In accordance with the terms and conditions of each Client Software License Agreement, or Building Engines Master Subscription Agreement, Building Engines may access Client Data only for the purpose of providing the Services, preventing or addressing service or technical problems, at a Client’s request in connection with client support matters, or as may be required by law.

Building Engines may also electronically collect Client Data or information (activity data) through the Services and may compile such data and information while eliminating Personal Identifiable Information (“Cleansed Data”) and combining it with the Cleansed Data and information from other clients.  This de-identified or anonymized data is “Building Engines Data” and may be co-mingled with other non-Systems data for reporting, portfolio and market baselining and for other analytical purposes.

9.  Security

Building Engines uses robust security measures to protect Client Data we collect. These security measures include dynamic data and encoded session identifications, hosting its websites in a secure server environment that use firewalls, intrusion detection systems, and other advanced technology. Building Engines also offers enhanced security features within the Services that permit Clients to configure security settings to the level they deem necessary. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Clients are responsible for maintaining the security and confidentiality of their Building Engines usernames and passwords.

10.  Children

Our Services are not intended for use by children under 16 years of age. If we learn that we have collected personal information from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.

11. Changes to Privacy Statement

Building Engines reserves the right to change this Privacy Statement at any time and will provide notification of the material changes to this Privacy Statement through Building Engines’ websites, and/or directly to its Clients at least thirty (30) business days prior to the change taking effect.
Building Engines may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Services.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

12.  Contacting Us

Questions regarding this Privacy Statement or the information practices of Building Engines’ websites should be directed to Building Engines by emailing us at the following address: privacy@buildingengines.com or by mailing your question to Building Engines at the following address:  Building Engines, Inc., Legal Department, 33 Arch Street, Suite 3200, Boston, MA 02110

13. General Data Protection Regulations (“GDPR”) – Specific Disclosures

The information provided in this “Notice to European Users” section applies only to individuals in Europe.

• “Personal Data,” for purposes of this section, means any information relating to an identified or identifiable natural person (‘data subject’).  An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
• “Services” means any of our products, services, or deliverables.
• “Site” means any website operated and controlled by us.

Pursuant to the European Union General Data Protection Regulation (GDPR), we function as a “processor” for the Services we offer to our clients. The scope of applicable data protections and processing for those Services are set forth in contractual agreements with our clients and are therefore not covered by this Privacy Notice.

We may process certain Personal Data in order to maintain and provide the Services to our clients, such as names, addresses, email addresses, and other contact information for designated client representatives or personnel (“Client Relationship Data”). In addition, we may send marketing materials or communications to potential or existing clients (“Marketing Activities”). For purposes of Client Relationship Data and Marketing Activities, we function as a “controller.” Our disclosures with respect to our processing of data as a controller are set forth in this section.

13.1 How we Collect Personal Data

We describe how we collect and use Personal Data in the Information Collected section of the Privacy Notice.  The Information Collected section is expressly incorporated by reference herein.

13.2 How We Disclose Personal Data

Our disclosure is limited to circumstances where we are permitted to do so under applicable European and national data protection laws and regulations.  A list of companies with whom we share data for purposes of marketing our Services to potential and existing clients is available here.

13.3 Legal Basis for Processing

The legal bases of our processing of your personal data as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent, or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at privacy@buildingengines.com.

13.4 Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

13.5 Sensitive personal information

We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Services.

13.6 Data Subject Rights

You have the right in certain circumstances to request confirmation from us as to whether we are processing your Personal Data.  Where we are processing your Personal Data, you also have the right to request access to, modification of, or deletion of such Personal Data.

European data protection laws give you certain rights regarding your personal data. If you are located within the Europe, you may ask us to take the following actions in relation to your personal information that we hold:

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct. Update or correct inaccuracies in your personal information.
• Delete. Delete your personal information.
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict. Restrict the processing of your personal information.
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to privacy@buildingengines.com or our postal address provided above in the Contacting Us section. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

13.7 Cross-Border Data Transfer

If we transfer your personal information out of Europe to a country not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be performed:

• Pursuant to the recipient’s compliance with standard contractual clauses, EU-US Privacy Shield (or Swiss-US Privacy Shield, as applicable), or Binding Corporate Rules
• Pursuant to the consent of the individual to whom the personal information pertains
• As otherwise permitted by applicable European requirements.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.

13.8 De-identified or Anonymized Data

We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that make the data personally identifiable to you or through obfuscation or through other means.  Our use of anonymized data is not subject to this Privacy Notice.

13.9 Data Retention

We will retain your Personal Data for as long as long as you maintain an account or subscription agreement or as otherwise necessary to provide you the Services.  We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

13.10 Contact Us

For questions regarding this Privacy Notice, please contact us by sending an email to privacy@buildingengines.com or by mailing your question to Building Engines at the following address: Building Engines, Inc., Legal Department, 33 Arch Street, Suite 3200, Boston, MA 02110.

14. Important information for California residents

This section applies only to California residents.  It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information.  For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

14.1 Your California privacy rights.

As a California resident, you have the rights listed below. However, these rights are not absolute, and, in certain cases, we may decline your request as permitted by law.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
  • The categories of Personal Information that we have collected.
  • The categories of sources from which we collected Personal Information.
  • The business or commercial purpose for collecting and/or selling Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third-party recipient.
  • Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third-party recipient.
• Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Opt-in.  Our Sites are not intended for minors. If we know that you are younger than 16 years old, we will ask for your permission to sell your Personal Information before we do so.
• Nondiscrimination.  You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of our Services.
• Under California Civil Code section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at privacy@buildingengines.com or by mail to Building: Building Engines, Inc., Legal Department, 33 Arch Street, Suite 3200, Boston, MA 02110. You must put the statement “Your California Privacy Rights” in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

14.2 How to exercise your rights.

You may exercise your California privacy rights described above as follows:

• Right to information, access or deletion. You can request to exercise your information, access and deletion rights by:
  • calling us toll free at 1-866-301-5300
  • emailing privacy@buildingengines.com

We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights.  As part of this process, government identification may be required.  Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.  We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

14.3 Personal information that we collect, use and share

The chart below summarizes how we collect, use and share Personal Information by reference to the categories specified in the CCPA, and describes our practices during the preceding 12 months. We have not sold your personal information in the preceding 12 months. As we explain in this privacy policy, we use cookies and other tracking tools to analyze website traffic and facilitate advertising. If you would like to opt out of our (and our third party advertising partners’) use of cookies and other tracking technologies, please review the instructions provided in the Online Tracking Opt-out Guide.

Categories in the chart refer to the categories described above in the general section of this Privacy Policy.