PRIVACY STATEMENT

The terms “BuildingCoach,” “we,” and “us” include The Building Performance Lab and its affiliates and subsidiaries, City College of New York, CUNY, TalentLMS, and Intellimation, Inc. Intellimation, Inc is the building data manager for BuildingCoach, and TalentLMS is the course database where participants access and track the progress of their self-paced courses.

The Privacy Policy explains how BuildingCoach may:

collect,
use, and
disclose

information we obtain through the Building Operator Coaching System (BOCS). By using the BuildingCoach website (the “Site”) and the BOCS, you are authorizing us to collect, use and disclose data related to you, your facility, and the provision of BuildingCoach services in accordance with this privacy policy.

“Personal Information” includes information about you that is personally identifying such as your name, email address, facility's or other physical address, and phone number and which is not otherwise publicly available. Personal Information may include other types of information depending on the definition of that applies in your physical location. Only the legal definition of Personal Information that applies in your location will apply to you under this Privacy Policy.

“Program Records” are those records that contain information directly related to you and which are maintained by BuildingCoach. For the purposes of this Privacy Policy, “Program Records” includes name, address, email, cell phone, current organization of employment, enrollment dates, courses taken, attendance, grades, evaluations, pre-work, participation in survey data and feedback provided regarding BuildingCoach and your instructors ("Coaches").

Personal Information and Program Records do not include information that has been de-identified or made anonymous.

AGREEMENT AND YOUR EXPRESS CONSENT

By using this Site and/or BuildingCoach's services, you accept and hereby expressly consent to our collection, use, and disclosure of your Personal information and Program Records in accordance with the terms of this Privacy Policy. In addition, you expressly consent to the receipt of electronic messages from BuildingCoach, including emails. This Consent is effective immediately and remains valid until you opt-out in writing to BuildingCoach. This Consent shall not be voided upon your completion or withdrawal from BuildingCoach or in the event BuildingCoach no longer does business with Intellimation, Inc or TalentLMS.

This Privacy Policy may change from time to time, so please check back periodically to check the most recent modification date to ensure that you are aware of any changes. If we make any material changes to the collection, use or disclosure of Education Records, we will notify you by means of a notice on this Site prior to the change becoming effective and you will be required to log in and consent to the changes in order to continue to use the Site. Your continued use of the Site or the BOCS after any changes signifies your express consent to any such changes. If you do not agree to such changes, you must immediately stop using the Site and the BOCS.

THE INFORMATION BUILDINGCOACH COLLECTS FROM YOU

We collect Personal Information (such as your name, email, login and password details, postal address and telephone number) when you:

create an account;
participate in our surveys;
post information to the BuildingCoach forum that includes Personal Information; and
communicate with us, for example to submit queries regarding the Site or the BOCS.

We also collect information, such as IP address, location data, and anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Site. See below for more information on our use of cookies on this Site.

Registration. To create an account, you must provide your first and name, email address, and a secure password.

Using the BOCS. Users receive a secure and private folder in which to upload their building documents and other facility related documents. This folder can only be accessed by authorized facility personnel and BuildingCoach and its stated affiliates, including Coaches, Site administrators, and Intellimation tech support. If you post Personal Information in a comment or to a chat room, blog or other public area of the Site, we may collect the information you post for various purposes, including using that information for testimonial purposes. Posted information is also available for viewing and disclosure by other users of the Site, and we have no control over such use. We discourage posting sensitive or Personal Information in comments as they are viewable by the public.

Social Log-In. When you use your social media credentials to register for a program or to post a comment to BuildingCoach, we collect Personal Information from the social media website. For example, when you log in with your Facebook credentials, we may collect the Personal Information you have made publicly available in Facebook, such as your name and profile picture or logo. We may also collect your email address. Please note that our Site is not sponsored or endorsed by any social media sites, which are trademarked and owned by third parties and not by us and which have their own privacy policies and terms of use.

From Third Parties. We may use third parties to perform certain tasks for us, such as facilitating your purchase of a program. Such third parties will provide us with Personal Information, such as your name, address, and email address, you provide to them so that we have your information for program rosters.

Customer Support. We may collect Personal Information through your communications with Intellimation’s customer-support. This information will be used to send you information you have requested from us.

Making Payments. When you make payments to pay for a program, you must provide Personal Information to our third-party service providers, including first and last name, email address, phone number, mailing address and credit card information.

Surveys. In most cases, information from surveys will be used on an anonymous basis to help us improve BuildingCoach and the BOCS. In certain limited cases, we may disclose information collected by a survey to Coaches, instructional designers, and administrators to provide educational support such as coaching.

It is always your choice whether or not to provide us with such information. If you do provide information to the Site, you are giving your express consent to the collection, use, retention and disclosure of the information as described in this Privacy Policy. If you choose not to provide some of the required information, you may not be able to register for the BOCS and/or certain features of this Site. You may always choose not to provide optional information and that will not affect your ability to use the Site and services for which you have already registered. You may access or change your information as described below.

Cookies, Automatic Data Collection, and Related Technologies. BuildingCoach and the BOCS collects and stores information that is generated automatically as you use it, including your preferences and usage statistics. When you visit BuildingCoach, we and our third-party service providers receive and record information on our server logs, including your IP address, the type of internet browser or device you use any website you have come to the Site from and your operating system. The Site also uses cookies and similar technology. Cookies are small text files that include a unique reference code placed in a visitors’ device to store their preferences and sometimes track information. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to our Site and will last for longer.

We use cookies for the following reasons:

Strictly necessary cookies: These cookies are essential in order to enable you to move around the Site and use its features, such as accessing the secure areas of the Site. They also enable us to deliver services you have asked for.

Examples of strictly necessary cookies set by us are cookies that keep you logged in during your visit on the Site and that enable you to navigate between pages during a browser session so that you can use the Site most efficiently.

Performance cookies: These cookies collect statistical information on how visitors use our Site so that we can make improvements to the Site, how it works and our services. These cookies don’t collect information that identifies visitors. The information that is collected is aggregated and therefore anonymous.

Examples of performance cookies set by us are cookies that track website traffic and help us collect data about what users are doing on our Site so that we can improve our website and enhance your overall experience.

Functionality cookies: These cookies allow the Site to remember choices you make such as your user name when you login to your account or the language or region you are in.

Examples of functionality cookies set by us are cookies that may serve a different version of the Site to you as compared to other users to determine which version works better, cookies that prevent you from seeing different homepages or other split tests in the future, and bookmarking cookies that help us retrieve and display information you stored on our Site for your next visit.

Some of the cookies on our Site are set by us (first party cookies) and some are set by third parties who are delivering services on our behalf.

Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can use your browser to notify you each time a cookie is set or to block and delete cookies from your browser. However, please note that if you do that, BuildingCoach may not work properly and you may not be able to take full advantage of the Site or our services. You can learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.

In addition to cookies we use the following similar technologies in respect of your use of the Site:

Pixel Gifs/web beacons – these are small image files that may be placed by us or third parties in respect of your use of the Site or within the body of our newsletters so we or third parties can understand which parts of the Site are visited or whether particular content is of interest.

HOW WE USE YOUR INFORMATION

We use your information for the following purposes:

Identify you and your account;
Provide and improve our services;
To communicate with you; and
For our marketing purposes as set forth herein;

INFORMATION SHARING AND DISCLOSURE

We may disclose your Personal Information and Program Records to (i) business partners (including providers of technology platforms) involved in the fulfillment of the program so that they can assist us in delivering the BOCS, and other services we provide to you, and (ii) our educational partners so that they can track your progress, work with us to assist you in the event that you are dissatisfied or need assistance, and provide you with a Certificate upon completion. These third parties are contractually obligated to maintain the confidentiality of your Personal Information consistent with the terms of this policy and to comply with the applicable data protection laws.

Displaying to Other Users. If you post content to BuildingCoach it may be displayed on the BOCS. Other users of BuildingCoach will not be able to view private information, including your building documents and any personal information, such as email addresses, facility addresses, and phone numbers. Users have the ability to change their account permissions to manage what Users have access to their facility information. Facility information should not be posted in public forums on the Site, as other BuildingCoach Users may then be able to view and use information you post, such as information contained in comments posted in a chat room or on a blog post. We do not have responsibility or liability for information you post. You should exercise caution when using public forums and not disclose your personal information.

We will disclose your information in response to valid legal process, for example, in response to a court order, a subpoena or other legal request for information, and/or to comply with applicable legal and regulatory reporting requirements. We also may disclose your information in response to a law enforcement agency’s request or other request for information from the U.S. or other government entities, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or to verify or enforce compliance with the policies governing our products and/or services and with applicable laws, or as otherwise required or permitted by law or consistent with legal requirements. In addition, we may transfer your information to an entity or individual that acquires, buys, or merges with us, or our other business units.

Merger, Sale, or Other Asset Transfers and Investors. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information which we have collected may be used, sold or transferred to third parties such as venture capital or private equity groups, investment banks, or successor companies as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

PAYMENTS

Payments made on the Site are made through our third-party payment vendor. If you enroll through the Site, you will be providing payment and/or or credit card information, including your name, billing address and other payment information, directly to our payment vendor which operates a secure server to process payments details, encrypting your credit/debit card information and authorize payment. If you enroll over the phone, our agents will enter your information into our payment vendor’s terminal and a copy of such information will be stored on our servers. We collect and store payment information in order to verify payment and resolve payment disputes. Payment information is subject to each of our payment vendors’ own privacy policy and terms and conditions.

LINKS TO OTHER SITES

The Site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of these other sites. We encourage you to review the privacy policies and statements of other sites to understand their information practices. Our Privacy Policy applies only to information collected by our Site and the BOCS.

SECURITY OF YOUR INFORMATION

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on secure servers. All information provided and transactions conducted on our Site, including payment transactions, will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

BOCS DEVICE

Intellimation will create and utilize a server certificate on each data collection box. The certificate will be the same across all the data collection devices. This certificate will be similar, but not an SSH specific certificate. This will be a server certificate that allows the server to recognize clients. No Certificate Authority (CA) will be used for this process, and
because the MQTT broker is public-facing, this is a requirement to secure the broker and the communications to and from it. The purpose of the certificate is to prevent Man-In- The-Middle attacks. For more information on security, see the BOCS Installation Guide

V. Quality of Service
We are planning to implement a Quality-of-Service level of 1 to our communications

GOVERNING LAW/INTERNATIONAL USERS

By choosing to visit BuildingCoach or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the state of New York and the adjudication of any disputes arising in connection with BuildingCoach or the BOCS will be in accordance with BuildingCoach Terms.

The Site and the BOCS are based in the U.S. Any data provided to the Site or the BOCS will be processed and stored in the U.S. where our servers are located. By using the Site or the BOCS, you expressly consent to the collection, retention, use, disclosure and transfer, including international transfer of your Personal Information to the U.S. in accordance with this Privacy Policy, regardless of your physical location.

ACCESS, CORRECT OR UPDATE YOUR INFORMATION; QUESTIONS; COMPLAINTS OR POSE A QUESTION OR SUGGESTION

If you would like to obtain a copy of the Program Records held about you by BuildingCoach, update, amend or correct any information that you have provided to BuildingCoach through your use of the BOCS or otherwise, or if you have any questions or suggestions for improving this Privacy Policy, please contact BuildingCoach using the information below. If you have a question or complaint regarding your Personal Information Program Records, or if you wish to exercise any rights to your information under the Family Educational Rights and Privacy Act (FERPA) please contact BuildingCoach using the information provided below. In the event of a conflict between this Privacy Policy and any law that applies to you, we will follow the applicable law.

Please also review the Terms of Use section establishing the use, disclaimers and limitations of liability governing the use of the website at .

CONTACT INFORMATION

BuildingCoach

Dated: April 10, 2022