BILT Privacy Statement

Last updated: 11-Jul-2018

This Privacy Statement covers your use of the BILT mobile application (the “App”), related cloud backend service (the “Cloud”), or the website www.biltapp.com (the “Website”) (collectively the “Service“). BILT Incorporated (“BILT” or “we”) understand that your privacy and privacy choices are important. Please read this Privacy Statement (the “Statement”) and Terms of Use in their entirety before using the Service.

Our Practices

This Statement sets forth our practices with respect to information, including personally identifiable data (“Personal Data”) that is collected and processed during the use of the Service.

Consent

By providing BILT your Personal Data, you expressly acknowledge and accept this Statement, and such consent grants us the faculty to treat your Personal Data as set forth herein and in accordance with the laws, regulations and other applicable legislation within the Territories applicable to your use.

Consent to Our Terms and Conditions

Please also visit our Terms and Conditions establishing your consent to the use, disclaimers, and limitations of liability governing the use of the App and this Website.

EU-US and Swiss-US Privacy Shield Framework

BILT complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield.  BILT has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, BILT is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States.  Upon request, we will provide you with access to the personal information that we hold about you.  You may also may correct, amend, or delete the personal information we hold about you.  An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to privacy@biltcorp.com.  If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.  To request to limit the use and disclosure of your personal information, please submit a written request to privacy@biltcorp.com.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

BILT’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, BILT remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless BILT proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, BILT commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact BILT by email at privacy@biltcorp.com or via post at:

BILT INC.
ATTN: Ahmed Qureshi
1000 Nolen Drive #400
Grapevine, TX 76051

BILT has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Information We Collect

We currently collect the following types of Personal Data:

  • When you register for the Service:

    • your name
    • your email address
    • if you register through a social media service such as Facebook, the additional data which you permit the social media service to send to us
    • other data which you may add to your BILT account, such as purchase information
  • When you complete a voluntary product registration within the Service:

    • your name
    • your email address
    • information about the product you are registering (such as serial number, model number and date of purchase)
    • Other data that you specifically provide to us, such as by contacting Customer Support

By voluntarily providing us with Personal Data, you are consenting to our use of your Personal Data in accordance with this Privacy Statement. If you provide Personal Data, your Personal Data and all data related to the Service will be stored at BILT’s data centers within the United States. By using the Service, you consent to the transfer to and storage of your Personal Data within the United States.  BILT uses Amazon Web Services to deliver the Service and for the storage of Personal Data.

Aggregate Data

We also collect various information about how our Service is used (such as which models were downloaded or how many times an assembly step was replayed), and store that information in connection with a pseudonymous identifier.  We may aggregate this data with similar data from other users in order to help us identify trends and improve the Service. We may also share such aggregate data, without connection to your Personal Data, either publicly or with our partners, affiliates or licensees outside of BILT.

BILT will retain Personal Data for as long as needed to provide the Services to you and our customers. BILT will also retain personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

How We Use the Information

We use the Personal Data and Aggregate Data collected:

  • To provide services you request, such as sending product registration information to product providers, keeping a record of your product registrations or tracking warranty information;
  • To provide you updates on BILT, updates, upgrades, patches, enhancements, and to receive and provide feedback;
  • To analyze usage and trends, and generally to improve our Services; and
  • To provide additional information on services and product offerings to yo
  • To provide your information to manufacturers who may wish to contact you to provide responses to your feedback or for marketing manufacturers’ purposes;
  • To keep you up to date on the latest product announcements on product files you have downloaded, product updates, special offers, and other information;
  • To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaire or survey is completely voluntary and we will offer an “Opt-out” choice to users for any surveys or questionnaires.

Further, if you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email or other messaging means, we will use the Personal Data you provide to answer your question or resolve your problem.

USE OF PERSONAL INFORMATION RECEIVED FROM THE EU and Switzerland

When BILT is a data controller. BILT adheres to the Privacy Shield Principles as described in this Policy with respect to the Personal Data we collect from EU and Swiss data subjects, which includes data used to establish user accounts, process assembly file delivery, process product registrations and otherwise provide the Services.

How We Share Information

BILT will not sell or rent your Personal Data to any third party without your consent.

Product Registration. This Service allows product providers to collect product registration information from you. If you fill out a product registration form via the Service, the Service will send the Personal Data information you provide via email to the provider of the product that you are attempting to register. Once this information is sent to the product provider, such Personal Data information will be handled in accordance with the product provider’s privacy statements practices. In territories where applicable, BILT has entered into data processing agreements with the product providers to insure they protect your information in accordance with appropriate security standards.  Ultimately, you determine the information you chose to share with the product providers. We recommend you familiarize yourself with the privacy practices of the product providers in advance of submitting or sharing any Personal Data during a  product registration. Filling out product registrations is entirely voluntary.

 We may transfer your Personal Data to third parties in the following situations:

  • When you have given us consent to do so;
  • To our subsidiaries, affiliated legal entities and service providers around the world based on necessary data processing agreements, who may only use the data to provide the Service or related information and updates to you;
  • In response to subpoenas, court orders, or legal process by disclosing your data and other related information, if necessary or to establish or exercise our legal rights or defend against legal claims; or
  • In order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use, or as otherwise required by law.

Information for EU Data Subjects Related to Data Collected through our Service

  • BILT is considered a controller or processor. BILT uses sub-processors. BILT has entered into appropriate Data Processing Addendums or Agreements with our sub-processors controlling protection of your personal data.  We may transfer Personal Data to third party processor companies (i.e. cloud data and server services) that help us provide our service. Such third party processors are located in, and the transfers are limited to, the United States or countries in the European Union and these processors are controlled by data processing  agreements providing the same protections of your personal data.  BILT uses Amazon Web Services to deliver the Service and for the storage of Personal Data
  • For such onward transfers to third parties, BILT shall remain liable in the event our sub-processors process Personal Data in a manner inconsistent with this Statement, unless the sub-processor proves that it is not responsible for the event giving rise to any liability or damage.

Security Measures

We use a variety of security measures, including firewalls, Secure Socket Layer (SSL) technology, encryption and authentication tools, to help protect your information. We protect your Personal Data with the same or better security measures than we protect our company data.

Cookies and Automated Tools; Do Not Track

This Service does not contain cookies allowing BILT or third parties to track your activities over time across websites, and therefore, does not contain functionality to respond to ‘do not track’ or similar requests.

Opt Out Preferences

When you register for an account, we may use your name and email address to send periodic emails to you of both promotional and transactional in nature. Out of respect for your privacy, you may choose to stop receiving promotional emails by following the unsubscribe instructions included in these emails or you can contact us at privacy@biltcorp.com.

Links to Other Sites

While using the Services, you may be exposed to content or functionality that is hosted by a third-party supplier. If you click on or access such third party content or functionality, the privacy policy and terms of use for such third party content or functionality will control as such other sites have their own privacy policies and personal data collection, use, and disclosure practices.  We strongly advise you to familiarize yourself with the privacy statements provided by these other sites prior to providing them with any information. BILT is not responsible for the privacy practices or the content of other websites outside the BILT Group of companies.

Privacy Practices of Third Parties

While using the Service, you may be directed to content or functionality that is hosted by a third party – not BILT, its affiliates or its or their service provider. This Privacy Statement only addresses the use and disclosure of information by BILT through your interaction with the Service. Other websites or web applications that may be accessible through links from the Service may have their own privacy statements and personal data collection, use, and disclosure practices. We strongly advise you to familiarize yourself with the privacy statements provided by these other web applications prior to providing them with any information.

Children’s Privacy

This Service is not intended for, and we do not knowingly collect, Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Statement by instructing their children never to provide Personal Data through the Services without their permission.

Changes to this Privacy Statement

From time to time, we may update this Privacy Statement to clarify our practices or to reflect new or different privacy practices, such as when we add new features to the Service. BILT reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Statement was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Statement shall indicate your agreement with the terms of such revised Privacy Policy.

In addition to the above, the following additional privacy aspects apply:

BILT Incorporated’s use of Personal Data is fully intended to be in compliance with the obligations as set forth in the various laws of the the countries the App is deployed including:  United States, Canada, Mexico, countries within the European Union, Australia, and New Zealand (collectively the “Territories”).  In accordance with the various Privacy Laws of the Territories which are applicable to you, you are provided the Personal Rights as detailed below.

 

PERSONAL RIGHTS FOR EU/EEA DATA SUBJECTS UNDER the GDPR

You are, as data-owner and user of the Service, entitled to (i) access your Personal Data and be informed about the way in which your information is treated, (ii) rectify your personal data in case it is not up-to-date, it is inaccurate or incomplete, (iii) ask for your data to be removed  if you consider that it is not used in accordance with the applicable principles, duties and obligations, and (iv) object to the processing of your Personal Data for specific purposes.  These rights are known as “Personal Rights”.

 

HOW TO EXERCISE YOUR PERSONAL RIGHTS UNDER THE GDPR

If you decide to exercise your Personal Rights, your request should be mailed to privacy@biltcorp.com, together with the following information and documentation:

  • Your ID information and, if applicable, the information of your legal representative. For legal representative, please attach a copy of his/her power-of-attorney.
  • A clear and precise description of the Personal Data about which the Personal Rights are to be exercised, as well as the right or rights that are to be exercised.
  • An address where you desire to hear and receive BILT’s response and any future communications and/or notifications, or, in its case, your desire to receive our response and/or future notifications or responses via email, providing us with your email address.
  • If you prefer to correspond via email, you must expressly state your desire to receive BILT’s response through an email communication, specifying the corresponding email address.

BILT will issue a response within a timely manner following receipt of your request, which will be informed to you using your selected method.  Once you receive our response you will have a 20 business day period to respond to our communication.  In the event you need to speak with us or in the event you disagree with our response please contact us at privacy@biltcorp.com along with a phone number for us to reach you, in order for BILT to discuss with you any issue.  In case you do not reply to our response within the before mentioned period we will understand in good faith that you agree with our conclusion.

If your request refers to your right to access data, BILT will provide you with copies of the information and/or scanned documents.

BILT, as controller, may refuse the exercise of your Personal Rights in instances permitted by the laws and regulatinos of the Territories which are applicable to your use, and shall inform you about such decision.  The refusal may be partial, in which case BILT will carry out the access, rectification, cancellation, deletion, or objection in the corresponding part.

 

REVOCATION OF YOUR CONSENT TO THE TREATMENT OF PERSONAL DATA

You, as data-owner, can revoke your consent to the treatment of your personal data in accordance with the procedure set forth above “How to Exercise your Personal Rights”, in the understanding that once we receive your request to revoke your consent we will issue our response within a five-day period.

 

OPTIONS TO LIMIT THE USE AND DISCLOSURE OF YOUR PERSONAL DATA

You, as data-owner, can limit the use and disclosure of your personal data in accordance with the procedure set forth above “How to Exercise your Personal Rights”, in the understanding that once we receive your request to revoke your consent we will issue our response within a five-day period.

 

GDPR COMPLAINTS

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:  http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.  If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

 

Last Updated: July 11, 2018