Privacy Policy

PROMETHA® PRIVACY POLICY  

     Effective Date / Date of Last Revision:  July 26, 2021


1.    WHO WE ARE.  
2.    HOW TO CONTACT US.  
3.    WHY AND HOW WE COLLECT DATA.
4.    PROTECTING YOUR PRIVACY GENERALLY.  
5.    CHILDREN’S PRIVACY.  
6.    TYPES OF INFORMATION WE COLLECT.
7.    HOW WE USE YOUR PERSONAL DATA.
8.    INFORMATION WE SHARE WITH THIRD PARTIES.
9.    HOW TO ACCESS & CONTROL YOUR PERSONAL DATA.
10.    SECURITY.
11.    DATA RETENTION.
12.    ACCESSIBILITY.  
13.    NOTICE TO NEVADA RESIDENTS
14.    NOTICE TO CALIFORNIA RESIDENTS
15.    NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA.   

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1.    WHO WE ARE.  

Cleaver-Brooks, Inc. (“Cleaver-Brooks,” “we” or “us”) is the owner and operator of the PROMETHA connected boiler solutions dashboard and mobile application (collectively, the “App”).  Our App optimizes boiler systems by providing actionable insights to increase efficiency and reduce unplanned downtime.  Through the App, users may remotely monitor their boiler systems, view key performance indicators, receive alerts, utilize diagnostic tools and review trend reports (all of the above features are the “Services”). 
Through our App, some of the data we collect may be considered “personally identifiable information,” “personal information” or “personal data” under applicable law.  Generally, this type of data is information that can be reasonably connected to an identified or identifiable individual.  
The purpose of this Privacy Policy is to plainly and transparently disclose to you how we collect, use and share information, and how we attempt to safeguard the data you provide to us.  We are committed to securing data that we collect concerning you (“you”) and complying with applicable data protection and privacy laws.  


2.    HOW TO CONTACT US.  

If you have any questions regarding data protection or your rights, please contact us:
Cleaver-Brooks, Inc.
221 Law Street
Thomasville, GA 31792
privacy@prometha.com     

3.    WHY AND HOW WE COLLECT DATA.


Cleaver-Brooks collects, processes and uses personal data to allow you to utilize the functionality of the PROMETHA app, communicate with customers and distributors, facilitate business transactions, provide our products and services, and to provide users of our App with positive experiences.  The legal basis for our collection of personal data is with your consent, for our legitimate business purposes and/or to comply with our legal and contractual obligations.  We obtain personal information directly from you, through cookies and other technologies, and from third parties as described in this Policy and any other privacy notices we may provide to you when you interact with us.
a.    Information from you.  You provide data directly to us when you set up an account on our App, use the App, participate in any promotions, and when you directly submit information to us (for example, when you send us information through a contact form).    
b.    Cookies & Technology.  We collect data by automatically recording how you interact with our App using technologies like cookies. More information on cookies is provided below.
c.    Information from our Representatives.  Our authorized sales representatives that provide equipment and services to you provide us with information regarding your purchases, quotes, payment terms and equipment.

4.    PROTECTING YOUR PRIVACY GENERALLY.  

a.    Industry-Standard Protection. We utilize industry-standard security measures to safeguard the information we collect, maintain and use. These measures include technical and procedural steps to protect your data from misuse, unauthorised access or disclosure, loss, alteration or destruction. However, we do not guarantee the performance or adequacy of such security measures.
b.    Limitation on Access.  Access to any personal information we collect and store is generally restricted to our employees and/or contractors who require it to perform a job or other contracted function. We require vendors and contractors we work with to use reasonable, industry standard protocols to maintain the confidentiality, security, and integrity of information. 
c.    Payment Information.  We currently do not collect payment card information or process payments on our App.  We handle invoicing for the App and Services through our procurement process.  You authorized Cleaver-Brooks representative will generate a quote for your use of the App and Services.  Once you approve the quote, our sales representative will issue a purchase order and provide it to Cleaver-Brooks.  Cleaver-Brooks will then enter your information into Cleaver-Brooks’ system and will invoice you directly for payment.


5.    CHILDREN’S PRIVACY.  

We do not intentionally collect any personal information from children under the age of sixteen (16).  We do not sell the personal information of children under the age of sixteen (16).  If you are under 16, please do not use the App or provide personal information to us.  

6.    TYPES OF INFORMATION WE COLLECT.  

Through your use of the App, we may collect the following categories of personal data from you.
a.    Information You Provide.
•    Contact information (name, company name, job title, mailing address, telephone number, electronic mail address)
•    Profile information
•    Inquiry Information
•    Communications to and from you through the App
•    Your login information
•    Customer account number
•    Boiler room equipment information (e.g., information on your boilers and any connected devices).
•    Boiler room equipment performance information 
•    PROMETHA® subscription information
•    Any other information you provide to us.
b.    Information We Collect As You Navigate Our App.   We use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”) to collect information as you navigate our Apps.  Cookies are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets). 
We use Cookies to: (a) estimate audience size and usage patterns; (b) understand and save your preferences for future visits, allowing us to customize the App to your individual needs; (c) advertise new content, events and services that relate to your interests; (d) keep track of advertisements and search engine results; (e) compile aggregate data about App traffic and App interactions to resolve issues and offer better App experiences and tools in the future; and (f) recognize when you return to the App. 
The Cookies we use collect the following types of personal data through your use of the App:
•    Usage Information. We collect information such as which areas of the App you access, the frequency of access, and what you click on while using the App.
•    Technical Information.  We collect technical information about your connection to our App, including the Internet protocol (IP) address, browser type and version, browser plug-in types and versions.
•    Device Information. We collect information about the device you are using, such as hardware model, operating system, application version number.
•    Mobile Device Information. In addition to the device information listed above, when you access our App on your mobile device, we collect and aggregate information about whether you are accessing the App via a mobile device or tablet, device type, and carrier.
•    Location Information. We collect location information from App visitors on a city-regional basis. 
We set some Cookies ourselves and others are set by service providers. We use Cookies set by service providers to provide us with useful information to help us improve our App, to conduct advertising, and to analyze the effectiveness of advertising.  See Section 8 for more information.
c.    How To Opt-Out of Cookies & Learn More.  Cookies can be blocked by changing your settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the App.  You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.  You can also learn about which third parties have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
d.    Information We Receive From Third Parties.  We receive information, including what may be deemed personal information, from our sales representatives as set forth in Sections 3(c) and 4(c) above.

 
7.    HOW WE USE YOUR PERSONAL DATA.

We use the personal data we collect to provide the App and its features to you, to provide you with information on your boiler room performance, to provide information about other products or services you may be interested in, to improve our App and App experience, to improve our products and services, and to protect our legal rights. In addition, we may use the personal data we collect to:
•    Allow you to set up a user account and profile
•    Allow you to participate in features we offer on the App
•    Process your requested transactions
•    Track your boiler room performance data
•    Contact you regarding our products, services or promotions that we feel may be of interest to you
•    Communicate with you about our App or to inform you of any changes to our App  
•    Allow you to communicate with your team members and your sales representative through the App
•    Provide support  
•    Provide educational videos, webinars and other materials
•    Tailor our content, advertisements and offers
•    Maintain and improve our App
•    Defend our legal rights and the rights of others 
•    Determine your location and manage digital content rights
•    Efficiently maintain our business 
•    Comply with applicable law
We may use your personal data to create de-identified, aggregated information such as: information about boiler room performance trends, de-identified location information, and information about devices used to access our App.


8.    INFORMATION WE SHARE WITH THIRD PARTIES.

We do not sell personal data.  We may share the information that we collect about you in the following limited ways:
a.    With our sales representatives.  Your authorized Cleaver-Brooks sales representative will be able to view your operational data within the App.  This data includes: (i) operational status of all connected equipment (running, standby, off, in alarm condition); (ii) key performance indicators (water level, efficiency, firing rate, operating pressure, setpoint, water temperature, stack temperature, etc.) and (iii) push notifications sent regarding shutdown conditions and alert history. 
b.    With Service Providers.  We may share information with service providers who:
•    perform data services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.) 
•    prepare, deploy and analyze advertising content on our behalf
•    provide other services on our behalf, such as …. 
c.    To Meet Our Legal Requirements or Exercise Our Rights.  We may share information with third parties in the following instances:
•    When we are required to do so by law
•    In connection with any legal proceedings or prospective legal proceedings
•    To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention
•    When we reasonably believe may apply to a court or other competent authority for disclosure of that personal data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal data
•    We may share information with other persons or entities as part of our own corporate transactions, such as during financing of our business, or any business or asset sale or merger.


9.    HOW TO ACCESS & CONTROL YOUR PERSONAL DATA

We respect your privacy and try to provide ways for you to choose whether to share your information with us or any third parties.  
You may decline to provide information.  You have the right to decide not to share information with us through our App.  
Request deletion.  You may submit a request to update or delete your personal data by contacting us at us at privacy@prometha.com. 
PLEASE NOTE, HOWEVER, THAT IF YOU CHOOSE NOT TO PROVIDE US WITH CERTAIN INFORMATION OR ASK US TO DELETE YOUR INFORMATION, WE MAY NOT BE ABLE TO PROVIDE YOU WITH THE FUNCTIONALITY OF OUR APP.  IN ADDITION, IN SOME CIRCUMSTANCES, WE MAY NOT BE ABLE TO MODIFY OR DELETE DATA DUE TO OUR OWN OBLIGATIONS.
Review and request changes to your personal data.  You may use your account to access, correct, or view certain personal data we have collected which is associated with your account.   You may also contact us at privacy@prometha.com to request information or changes.  
Marketing communications. You can always choose whether you wish to receive communications we send via email, SMS messages, telephone calls and postal mail.  To do so, contact us at privacy@prometha.com.   
Control Cookies.  You can learn more about which entities have currently enabled cookies for your browser or mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

10.    SECURITY.


Where we have given you (or where you have chosen) a password which enables you to access our App, you are responsible for keeping this password confidential.  We ask you not to share a password with anyone.  Unfortunately, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or through our App; any transmission is at your own risk.  


11.    DATA RETENTION.


We will store your information for as long as you are a customer, our performance of the Services require, and as long as our ethical or legal obligations require. We may keep records of transactions with you for a period of up to seven (7) years to comply with the IRS and other legal requirements.


12.    ACCESSIBILITY.  

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities.  If you wish to access this Privacy Policy in an alternate format, or would like to report an issue you are experiencing, please email us at privacy@prometha.com.  You expressly agree to attempt to resolve any and all issues with accessibility directly with us and in good faith prior to instituting any legal action against us.

13.    NOTICE TO NEVADA RESIDENTS

Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to privacy@prometha.com.       

14.    NOTICE TO CALIFORNIA RESIDENTS

THE CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this does not apply to you.
This notice reflects our good faith understanding of the CCPA, the California Privacy Rights Act (“CPRA”), other California privacy laws and our current data practices.  However, there are varying interpretations of the California laws’ requirements.  We may update our practices and this notice as the CCPA and the CPRA continue to develop, and as we continue to develop our compliance program.  
This Notice to California Residents (“Notice”) applies to “Consumers” as defined by the CCPA and is a supplement to the other sections of our Privacy Policy. This Notice covers our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA through the App, as well as through all other websites, applications, products, services and other offerings (collectively, “Services”) owned, operated and provided by Cleaver-Brooks.  The data we collect and process through the App is not subject to CCPA consumer rights because the data we collect and process is: (a) business-to-business information; (b) employee or personnel information; and (c) publicly available information (as defined by the CCPA).
SHINE THE LIGHT LAW:  If you are a California resident, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third-parties’ direct marketing purposes (as those terms are defined in that statute). Cleaver-Brooks does not sell or disclose information to third parties for their direct marketing purposes.  

15.    NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA.   

The General Data Protection Regulation (“GDPR”) applies to individuals located in the European Economic Area (“EEA”).  The GDPR allows us to collect and use personal information from individuals within the EEA only for one or more of the following reasons:
1.    To fulfill a contract we have with you;
2.    When we have a legal duty;
3.    When it is in our legitimate interest; or
4.    When you provide consent.
If you reside in the EEA, you have a number of rights under data protection laws in relation to the way we process your personal data.  These are set out below.  You may contact us directly to exercise any of these rights, and we will respond to any request received from you within one month from the date of the request. In exceptional circumstances we may need to extend this timescale, but we will always tell you in advance if we do, and our reasons why.
 NUMBER
    DESCRIPTION OF YOUR RIGHT
RIGHT 1
    A RIGHT TO ACCESS PERSONAL DATA HELD BY US ABOUT YOU, AS WELL AS INFORMATION ABOUT HOW WE ARE USING YOUR DATA.
RIGHT 2
    A RIGHT TO REQUIRE US TO RECTIFY ANY INACCURATE PERSONAL DATA HELD BY US ABOUT YOU.
RIGHT 3
    A RIGHT TO REQUIRE US TO ERASE PERSONAL DATA HELD BY US ABOUT YOU, AND WHERE THE PERSONAL DATA HAS BEEN MADE PUBLIC, FOR OTHER CONTROLLERS PROCESSING THE PERSONAL DATA TO ALSO ERASE LINKS TO, OR COPY OR REPLICATION OF, SUCH PERSONAL DATA.  THIS RIGHT WILL ONLY APPLY WHERE (FOR EXAMPLE): WE NO LONGER NEED TO USE THE PERSONAL DATA TO ACHIEVE THE PURPOSE WE COLLECTED IT FOR; OR WHERE YOU WITHDRAW YOUR CONSENT IF WE ARE USING YOUR PERSONAL DATA BASED ON YOUR CONSENT; OR WHERE YOU OBJECT TO THE WAY WE PROCESS YOUR DATA (IN LINE WITH RIGHT 6 BELOW). 
RIGHT 4
    A RIGHT TO RESTRICT OUR PROCESSING OF PERSONAL DATA HELD BY US ABOUT YOU.  THIS RIGHT WILL ONLY APPLY WHERE (FOR EXAMPLE): YOU DISPUTE THE ACCURACY OF THE PERSONAL DATA HELD BY US; OR WHERE YOU WOULD HAVE THE RIGHT TO REQUIRE US TO ERASE THE PERSONAL DATA BUT WOULD PREFER THAT OUR PROCESSING IS RESTRICTED INSTEAD; OR WHERE WE NO LONGER NEED TO USE THE PERSONAL DATA TO ACHIEVE THE PURPOSE WE COLLECTED IT FOR, BUT YOU REQUIRE THE DATA FOR THE PURPOSES OF DEALING WITH LEGAL CLAIMS.  
RIGHT 5
    A RIGHT TO RECEIVE PERSONAL DATA, WHICH YOU HAVE PROVIDED TO US, IN A STRUCTURED, COMMONLY USED AND MACHINE-READABLE FORMAT.  YOU ALSO HAVE THE RIGHT TO REQUIRE US TO TRANSFER THIS PERSONAL DATA TO ANOTHER ORGANIZATION, AT YOUR REQUEST.
RIGHT 6
    A RIGHT TO OBJECT TO OUR PROCESSING OF PERSONAL DATA HELD BY US ABOUT YOU (INCLUDING FOR THE PURPOSES OF SENDING MARKETING MATERIALS TO YOU).
RIGHT 7    A RIGHT TO WITHDRAW YOUR CONSENT, WHERE WE ARE RELYING ON IT TO USE YOUR PERSONAL DATA (FOR EXAMPLE, TO PROVIDE YOU WITH MARKETING INFORMATION ABOUT OUR SERVICES OR PRODUCTS). 

If you have any concerns regarding our processing of your personal data, or are not satisfied with our handling of any request by you in relation to your rights, please get in touch with our team through the contact information provided in Section 2 of this Privacy Policy.  You may also reach out to your applicable Data Protection Authority (“DPA”) for more information.  There is a DPA located in each EU Member State.