Effective Date: January 1, 2020
At Buildertrend, your privacy and data security are our top priority. We strive to be transparent about who we are as well as how we and why we collect, store, use, and share information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). This policy explains your rights regarding your Personal Information and how to contact us or supervisory authorities in the event you have a complaint.
When we collect, use, and take responsibility for certain Personal Information about you, we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including the United Kingdom).
By collecting Personal Information, we are responsible as a “controller” for the purposes of those laws. A reference to “Buildertrend,” “we,” “us,” or the “Company” is a reference to Buildertrend Solutions, Inc. Please see the “Contacting Us” section below for our contact information and the contact information for our data protection officer.
1. What Personal Information do we collect?
We require certain Personal Information to provide the Buildertrend platform and services to you. If you do not provide the Personal Information that we ask for, it may delay or prevent us from providing the Buildertrend platform to you.
The Personal Information that we may collect directly from you includes the following:
|Categories of Personal Information||Specific Types of Personal Information Collected|
|Identifiers||Name, address, IP address, email address, account name, sign-in, and online identifiers|
|Information that identifies, relates to, describes, or is capable of being associated with, a particular individual||Signature, telephone number, employment information|
|Commercial information||Individual purchases, such as products and services listed in change orders or selections|
|Internet or other electronic network activity information||Browsing history and information regarding interaction with social media profiles, advertisements, and the Buildertrend services|
|Geolocation data||Location information, if enabled|
We may also collect other information that you may provide to us, including the content that you submit, post to, or create within the Buildertrend platform, such as your photos, comments, reviews, searches, photo notes, discussions, project details and costs, and style preferences.
When you communicate with us (via email, phone, through the Buildertrend platform, or otherwise) and when you use our software to communicate with others, we may record, monitor, or otherwise collect details about your communications. We will provide you notice or obtain consent in accordance with applicable law before recording or monitoring any of these calls.
2. How do we collect Personal Information?
We collect most of this Personal Information directly from you, either through email, telephone, the Buildertrend.com website, or the Buildertrend platform. However, we may also collect information about you from other sources, including third parties from whom we have purchased Personal Information, and combine this information with Personal Information provided by you. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. In particularly, we collect Personal Information from the following sources:
- From publicly accessible sources, such as property or permit records;
- Directly from third party providers of business information, such as home marketing sources, social media profiles, or customer due diligence providers;
- From a third party with your consent, such as a financial providers; and
3. How and why do we use your Personal Information?
We collect and process Personal Information for the purposes and on the legal bases identified in the following:
|Promoting the security of our websites and services||To the extent it is necessary for our legitimate interest in promoting the safety and security of the services, systems, and applications, and protecting our rights and the rights of others, we process your Personal Information by tracking use of our websites and services, created aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity, and enforcing our term and policies|
|Providing necessary functionality||We process your Personal Information to perform our contract with you for the use of our websites and services; where we have not entered into a contract with you, we base the processing of your Personal Information on our legitimate interest to provide you with the necessary functionality required during your use of our websites and services|
|Managing user registrations||If you have registered for an account with us, we process your Personal Information by managing your user account for the purpose of performing our contract with you according to applicable terms and conditions|
|Handling contact and user support requests||If you fill out a web form or request customer support, or if you contact us by other means including via a phone call, we process your Personal Information to perform our contract with you and to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you|
|Managing payments||If you have provided financial information to us, we process your Personal Information to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you|
|Developing and improving our websites and services||We process your Personal Information to analyze trends and to track your usage of and interactions with our websites and services to the extent it is necessary for our legitimate interest in developing and improving our websites and services and providing our users with more relevant content and service offerings, or where we seek your valid consent|
|Reviewing compliance with applicable usage terms||We process your Personal Information to review compliance with the applicable usage terms in our customer’s contract to the extent that it is in our legitimate interest to ensure adherence to the relevant terms|
|Identifying customer opportunities||We process your Personal Information to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the interests of our customers and their users’ experiences|
|Displaying personalized advertisements||We process your Personal Data to conduct marketing research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our websites or, where necessary, to the extent you have provided your prior consent|
|Sending marketing communications||We will process your Personal Information and/or device and usage data, which in some cases may be associated with your Personal Information, in order to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent|
|Complying with legal obligations||We process your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.|
4. Who do we share Personal Information with?
We may share your Personal Information with:
- Our contracted service providers, who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support, and data enrichment for the purposes and pursuant to the legal bases described above;
- If you use our services as an authorized user, with your affiliated customer responsible for your access to the services to the extent this is necessary for verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies;
- Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
- Our contracted joint marketing partners, who may process your Personal Information to market and provide products and services that may be of interest to you and/or your business;
- If we are involved in a merger, reorganization, dissolution or other fundamental corporate change, or sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by third party, with such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of Personal Information to an unaffiliated third party.
We may also share anonymous usage data with our service providers and contracted marketing partners for the purpose of helping Buildertrend in analysis and improvements. Additionally, Buildertrend may share such anonymous usage on an aggregate basis in the normal course of operating our business; for example, we may share information publicly to show the general use of our services.
Any Personal Information or other information you choose to submit in communities, forums, blogs, or chat rooms on our websites may be read, collected, and used by others who visit these forums.
We only allow our service providers and joint marketing partners to handle your Personal Information if we are satisfied that they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers and partners to ensure they can only use your personal information for the purposes outlined in our contracts to provide services to us and to you.
5. International transfer of Personal Information
Your Personal Information may be collected, transferred to, and stored by us in the United States and by our affiliates and third-parties disclosed in Section 4, above, that may be based in other countries.
Therefore, your Personal Information may be processed outside your jurisdiction, and in countries that are not subject to an adequacy decision by the European Commission or your local legislature and/or regulator, and that may not provide for the same level of data protection as your jurisdiction, such as the EEA. We ensure that the recipient of your Personal Information offers an adequate level of protection, for instance by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.
Our websites and services are not directed at children. We do not knowingly collect Personal Information from children under the age of 16. If you are a parent or guardian and believe your child has provided us with Personal Information without your consent, please contact us by using the information in the “Contacting Us” section, below, and we will take steps to delete such Personal Information from our systems.
7. How long do we keep your Personal Information?
We may retain your Personal Information for a period of time consistent with the original purpose of collection (see the “Purposes for which we process Personal Information and the legal bases on which we rely” in Section 3, above). We determine the appropriate retention period for Personal Information on the basis of the amount, nature and sensitivity of your Personal Information processed, the potential risk of harm from unauthorized use or disclosure of your Personal Information and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
8. Your rights under the GDPR
The European Union’s General Data Protection Regulation gives certain rights to European residents in relation to their Personal Information. These rights include:
|Right to Access||The right to be provided with a copy of your Personal Information (the right of access)|
|Right to Rectification||The right to require us to correct any mistakes in your Personal Information|
|Right to be Forgotten||The right to require us to delete your personal information, in certain situations|
|Right to Restriction of Processing||The right to require us to restrict processing of your Personal Information, in certain circumstances|
|Right to Data Portability||The right to receive the Personal Information you provided to us, in a structured, commonly used and machine-readable formation, in certain situations|
|Right to Object||The right to object: (a) at any time to your personal information being process for direct market; and (b) in certain other situations, to our continued processing of your personal information|
|Right Not to be Subject to Automated Individual Decision-Making||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you|
For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.
VeraSafe has been appointed as Buildertrend’s representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. You may contact VeraSafe, in addition Buildertrend by using the “Contacting Us” section below, only on matters related to the processing of personal data. To make such an inquiry to Verasafe, please use this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative or via telephone at: +420 228 881 031.
Alternatively, VeraSafe can be contacted at:
VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
9. Your rights under the CCPA
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:
|Disclosure of Personal Information We Collect About You||You have the right to know:|
The categories of Personal Information we have collected about you;
The categories of sources from which the Personal Information is collected;
Our business or commercial purpose for collecting or selling Personal Information;
The categories of third parties with whom we share Personal Information, if any; and
The specific pieces of Personal Information we have collected about you.
Please note that we are not required to:
Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or
Provide the Personal Information to you more than twice in a 12-month period.
|Personal Information Sold or Used for a Business Purpose||In connection with any Personal Information we may sell or disclose to a third party for a business purpose, you have the right to know:|
The categories of Personal Information about you that we sold and the categories of third parties to whom the Personal Information was sold; and
The categories of Personal Information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your Personal Information. If you exercise your right to opt-out of the sale or disclosure of your Personal Information, we will refrain from selling your Personal Information, unless you subsequently provide express authorization for the sale of your Personal Information. To opt-out of the sale or disclosure of your personal information, complete the webform in the “Contacting Us” section below.
|Right to Deletion||Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:|
Delete your Personal Information from our records; and
Direct any service providers to delete your Personal Information from their records.
Please note that we may not delete your Personal Information if it is necessary to:
Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
|Protection Against Discrimination||You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:|
Deny goods or services to you;
Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
Provide a different level or quality of goods or services to you; or
Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of services to you, if that difference is reasonably related to the value provided to our business by your Personal Information.
10. How do we secure your Personal Information?
As stated above, your privacy and data security are our top priority. We take precautions including organizational, technical, and physical measure to help safeguard against the accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Information we process or use.
While we follow industry best practices to protect your Personal Information, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us by using the information in the “Contacting Us” section, below.
12. Contacting Us
email us at email@example.com, or mail us at:
Buildertrend Privacy Team
11818 I Street
Omaha, NE 68137, USA
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to lodge a complaint with the competent supervisory authority.