PATHIAN® INCORPORATED
PRIVACY STATEMENT

Pathian® Incorporated (“Pathian®”) provides a cloud-based platform of software as a service (“SaaS”) engineering and process applications empowering HVAC controls contractors, distributors, engineers, building owners, and facility managers to deliver energy savings, increased occupant comfort, and healthier environments to our customers (the “Pathian® Applications”). This Privacy Statement explains how Pathian® collects, uses, discloses, and otherwise processes end user personal information or personal data on behalf of its commercial customers in connection with our Pathian® Applications and other services (collectively, the “Services”).

Scope

Pathian®’s processing of personal information in connection with Pathian® Applications and related Services is governed by this Privacy Statement and our Terms of Service and other agreements with each customer.  In the event of any conflict between this Privacy Statement and a corresponding customer agreement, the customer agreement will control to the maximum extent permitted by applicable law. 

This Privacy Statement is not a substitute for any privacy notice that Pathian® customers are required to provide to their employees or other end users.

This Privacy Statement does not apply to any personal information or data collected by Pathian® on our websites or through other channels for marketing purposes. 

Information We May Collect

Generally, you can visit Pathian®’s website without entering any personal information. On certain pages, we may ask you for personal information to provide a service or carry out a transaction that you have requested. The personal information we collect may include:

  • Contact details, such as your name, title, company/organization name,      e-mail address, telephone and fax numbers, and physical address;
  • Information about your company and job function;
  • Your e-mail marketing preferences;
  • Financial information (including credit card or account information);
  • Information such as nationality and country of residence that allows us to determine eligibility under export control regulations to receive information about certain technologies;
  • Information used to customize and facilitate your use of our websites, including login and technical information;
  • Inquiries about and orders for our products and services; 
  • Information that assists us in identifying the products and services that best meet your requirements;
  • Event registration information;
  • Feedback from you about our websites and our products and services generally.

You are not required to provide any of this information, but if you do not, we may not be able to provide you the requested information or service or complete your transaction.

Some information is collected automatically. We collect information about your visit to our sites, including what pages you view, the number of bytes transferred, the links you click, the materials you access, and other actions taken within Pathian®’s sites. On sites that you enter with a user ID, we may connect this information with your identity to determine your potential interests in our Pathian® Applications and Services. We also collect certain standard information that your browser sends to every website you visit, such as your Internet Protocol (IP) address, your browser type and capabilities and language, your operating system, the date and time you access the site, and the website from which you linked to our site. We do not link this information to your identity.

We collect data about one’s use of Pathian® Applications as necessary to implement customer-created alerts, policies, workflows, and searches, including information provided through the Pathian® cloud based applications such as email address, IP address, and operating system and domain information and data collected by automated means, such as cookies (e.g., essential cookies) and web beacons.

How We Use Data

We use the data we collect to deliver Pathian® Applications and related Services and in accordance with our customer Terms of Service to provide the Pathian® Applications, and for related internal purposes, including to:

  • Enable customers and other users to access and use Pathian® Applications;
  • Provide Pathian® Applications, including sending customer-designated alerts and enforcing customer-created policies;
  • Provide information about Pathian® Applications, such as important updates or changes to the Services, security alerts, training and the availability of new features;
  • Improve our Pathian® Applications, related Services, and website and develop new products and services;
  • Respond to inquiries, complaints, and requests for customer support;
  • We may also use personal information or personal data as we believe necessary or appropriate to (a) comply with applicable law; (b) enforce the Terms of Service that govern use of Pathian® Applications; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity; and
  • In an aggregated, de-identified and generic manner: to market Pathian® Applications, survey usage, set benchmarks, feature suggestions, product analytics, new product features or services, utilization analyses and related purposes.

How We Share Data

We may share data we collect:

  • With Pathian® customers, to the extent the data pertains to that customer’s end users utilization of Pathian® Applications;
  • With third party service providers that help us provide, manage and improve Pathian® Applications, and

We may also share personal information or personal data with government, law enforcement officials when we believe such disclosure is necessary or appropriate to (a) comply with applicable law (but only if strictly required in the reasonable opinion of our counsel); (b) enforce the Terms of Service; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, in the event of active or prospective litigation or arbitration, for regulatory compliance efforts and/or audit.

Our Use of Cookies

Cookies are small files that websites save to your hard disk or to your browser’s memory.  We may use them to track the number of times you have visited the Pathian® website, to track the number of visitors to the site, to determine and analyze visitors’ use of our sites, to store information that you provide such as your preferences, and to store technical information useful for your interactions with our websites. We may use session cookies (cookies that are deleted when your browser session ends) to store your user ID, elements of your user profile, to facilitate your movement around our websites (particularly in connection with information searches and order placement) and other information useful in administering the session.  You have the ability to accept or decline cookies.  Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer.  If you choose to decline cookies, you may not be able to fully experience the features of Pathian®’s websites.

Information Security and Protection of Data

Pathian® uses appropriate, commercially reasonable physical, electronic, and procedural safeguards to protect personal data from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction in accordance with applicable law.  We cannot, however, guarantee that any safeguards or security measures will be sufficient under all circumstances to prevent a security problem. We recommend that our customers take steps to protect against unauthorized access to any devices, networks and applications connected to the Pathian® Applications or related Services. 

Data Retention

Pathian® retains personal information or personal data to (a) provide the Pathian® Applications and related Services; (b) comply with legal obligations; (c) resolve disputes; and (d) enforce the Terms of Service.

Non-Pathian® Applications & Third Party Products and Services

Pathian® Applications may integrate with or enable access to non-Pathian® applications or third party tools.  End users that register, install or access any non-Pathian® applications or third party tools may be required to accept privacy notices provided by those third parties.  Please review those notices carefully, as Pathian® does not control and cannot be responsible for these providers’ privacy or information security practices.

Additional Information regarding Californian Personal Information

Pathian® understands and will comply with the foregoing restrictions and the applicable requirements of the CCPA.  For the purposes of the CCPA, Pathian® is a service provider. Pathian® does not receive any personal information, as defined by the CCPA, from its customers as consideration for Pathian® Applications or related Services.   Pathian® will not collect, retain, share or use personal information except as necessary to provide the Pathian® Applications and related Services.  We do not, and will not, sell, as defined under CCPA, personal information. 

Cross-Border Data Transfer Pathian® provides Services primarily from the United States, where we are headquartered. In order to provide the Services, Pathian® or its sub-processors may transfer personal information or personal data about its end users outside of the country in which end users are located, including to the United States or to other jurisdictions that may not be subject to equivalent data protection laws.  When transferring personal information or personal data across borders we take steps reasonably necessary to ensure that the information or data is subject to appropriate safeguards, is treated securely and is transferred under an approved data transfer mechanism pursuant to applicable data protection laws, including for example Standard Contractual Clauses.

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