Backer Privacy Notice For California Customers

This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, Backer North America's website, www.backernorthamerica.com or www.backerna.com (“Website”), has collected the following categories of personal information from its consumers within the last twelve (12) months:

SUMMARY OF DATA COLLECTED

What information Backer North America collects

"User Personal Information" is any information about one of our Users which could, alone or together with other information, personally identify them or otherwise be reasonably linked or connected with them. Information such as a username and password, an email address, a real name, an Internet protocol (IP) address, and a photograph are examples of “User Personal Information.”

User Personal Information does not include aggregated, non-personally identifying information that does not identify a User or cannot otherwise be reasonably linked or connected with them. We may use such aggregated, non-personally identifying information for research purposes and to operate, analyze, improve, and optimize our Website and Service.

Information users provide directly to Backer North America

Information Requests

In order to provide you with the information you are requesting, we require some basic information at the time of your information requesyt. When you make the request, we ask you for a valid email address. We also ask for your company name to verify that you are a qualified customer. Backer North America contains companies that do not sell their products to consumers due to the nature of the product and commitments to existing customers.

Profile Information

The Backer North America does not at this time create profiles or user logon capabilities.

Information Backer North America automatically collects from your use of the Website

Usage Information

If you're accessing our Website, we automatically collect the same basic information that most websites collect, subject, where necessary, to your consent. This includes information about how you use the Website, such as the pages you view, the referring site, your IP address and session information, and the date and time of each request. This is information we collect from every visitor to the Website, whether they have requested information or not. This information may include User Personal information.

Cookies and Similar Technologies Information

As further described below, and subject, where applicable, to your consent, we automatically collect information from cookies and similar technologies (such as cookie ID and settings) to remember your preferences, and to identify you and your device.

Device Information

We may collect certain information about your device, such as its IP address, browser or client application information, language preference, operating system and application version, device type and ID, and device model and manufacturer. This information may include User Personal information.

Information we collect from third parties

Backer may collect User Personal Information from third parties. For example, this may happen if you sign up to receive information from such third party, acting on our behalf, about Backer from one of our vendors, partners, or affiliates. Backer may , at times, purchase User Personal Information from third-party data brokers as it relates to trade shows or other industry related events.

What information Backer North America does not collect

We do not intentionally collect “Sensitive Personal Information”, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. We do not provide storage for any Sensitive Personal Information on our servers, you are responsible for complying with any regulatory controls regarding that data.

If you are a child under the age of 18, you may not request information from Backer about any of our products or services. Backer does not knowingly collect information from or direct any of our content specifically to children under 18. If we learn or have reason to suspect that you are a User who is under the age of 18, we will remove your data from our databases. Different countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not receive informaiton from Backier.

If you are a student and would like information for an educational project you can call any of our locations to be provided with bacic informaiton about our companies and products.

How Backer uses your information

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• We may use the information for internal record keeping.
• We may use the information to improve our products and services.
• We use your email address to communicate with you.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
• We use User Personal Information and other data to make recommendations for you, such as to suggest products you may want to find more information about.
• We may use User Personal Information to invite you to take part in surveys, beta programs, or other research projects, subject, where necessary, to your consent .
• We use Usage Information and Device Information to better understand how our Users use Backer websites and to improve our Website.
• We may use your User Personal Information if it is necessary for security purposes or to investigate possible fraud or attempts to harm Backer or our companies.
• We may use your User Personal Information to comply with our legal obligations, protect our intellectual property, and enforce our Terms of Service.
• We limit our use of your User Personal Information to the purposes listed in this Privacy Statement. If we need to use your User Personal Information for other purposes, we will ask your permission first. You can always see what information we have, how we're using it, and what permissions you have given us in your user profile.

Our legal bases for processing information

To the extent that our processing of your User Personal Information is subject to certain international laws (including, but not limited to, the European Union's General Data Protection Regulation (GDPR)), Backer is required to notify you about the legal basis on which we process User Personal Information. Backer processes User Personal Information on the following legal bases:

• Consent:
  • We rely on your consent to use your User Personal Information under the following circumstances: when you fill out the information in your user profile; when you decide to participate in a Backer research project or survey; and for marketing purposes, where applicable. All of this User Personal Information is entirely optional, and you have the ability to modify or delete it at any time by contacting us. While you are not able to delete your email address entirely, you can make it private. You may withdraw your consent at any time.
• Legitimate Interests:
  • Generally, the remainder of the processing of User Personal Information we perform is necessary for the purposes of our legitimate interest, for example, for legal compliance purposes, security purposes, or to maintain ongoing confidentiality, integrity, availability, and resilience of Backer’s systems, Website, and Service.
• If you would like to request deletion of data we process on the basis of consent or if you object to our processing of personal information, please use our Privacy contact form.

How we share the information we collect

We may share your User Personal Information with third parties under one of the following circumstances:

With your consent

We share your User Personal Information, if you consent, after letting you know what information will be shared, with whom, and why. Additionally, you may direct us through your actions onBacker North America to share your User Personal Information. For example, if you join an Organization, you indicate your willingness to provide the owner of the Organization with the ability to view your activity in the Organization’s access log.

With service providers

We share User Personal Information with a limited number of service providers who process it on our behalf to provide or improve our Service, and who have agreed to privacy restrictions similar to the ones in our Privacy Statement by signing data protection agreements or making similar commitments. Our service providers perform network data transmission, security, and other similar services. While Backer North America processes all User Personal Information in the United States, our service providers may process data outside of the United States or the European Union. If you would like to know who our service providers are, please see our page on Subprocessors.

For security purposes

If you are a member of an Organization or Company, Backer may share your username, Usage Information, and Device Information associated with that Organization or Company with an owner and/or administrator of the Organization or Company who has agreed to the Corporate Terms of Service or applicable customer agreements, to the extent that such information is provided only to investigate or respond to a security incident that affects or compromises the security of that particular Organization or Company.

For legal disclosure

Backer strives for transparency in complying with legal process and legal obligations. Unless prevented from doing so by law or court order, or in rare, exigent circumstances, we make a reasonable effort to notify users of any legally compelled or required disclosure of their information. Backer may disclose User Personal Information or other information we collect about you to law enforcement if required in response to a valid subpoena, court order, search warrant, a similar government order, or when we believe in good faith that disclosure is necessary to comply with our legal obligations, to protect our property or rights, or those of third parties or the public at large.

Change in control or sale

We may share User Personal Information if we are involved in a merger, sale, or acquisition of corporate entities or business units. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our Website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we made in our Privacy Statement or Terms of Service.

Aggregate, non-personally identifying information

We share certain aggregated, non-personally identifying information with others about how our visitors, collectively, use Backer websites, or how our visitors respond to our other offerings, such as our conferences or events. For example, we may compile statistics on the open source activity across the Backer North America companies.

We do not sell your User Personal Information for monetary or other consideration.

Please note: The California Consumer Privacy Act of 2018 (“CCPA”) requires businesses to state in their privacy policy whether or not they disclose personal information in exchange for monetary or other valuable consideration. While CCPA only covers California residents, when it goes into effect we will voluntarily extend its core rights for people to control their data to all of our visitors in the United States, not just those who live in California.

Other important information

The Backer Companies

The Backer North America is an informational landing page for the Backer North America companies. Any requests you make for information from this website will be shared with one or more of those companies. All of our companies are administered through Backer EHP Inc. located in Murfreesboro, TN and, in turn by our parent sorporation, NIBE Industrier, AB in Markaryd, Sweden and are committed to the privacy and security of your personal data. More information can be found on the individual company's websites:

Backer EHP Inc.

Backer Springfield

Backer Marathon

Backer Hotwatt

Backer Alpe

Heatron, Inc.

Gaumer Process

Briskheat Corporation

Evapoway

NIBE Element Rail Solutions

Omni Control Technology

Therm-X of California

Please contact the website owners for more information about how they might process your User Personal Information in their Company and the ways for you to access, update, alter, or delete the User Personal Information stored in their systems

Links to external websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question..

How you can access and control the information we collect

If you've already shared personal information with Backer North America through this website, you may modify,or delete your e information by contacting Backer using the "Privacy Contact Form"..

Deletion Request Rights

You have the right to request that Backer North America delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 1-615-907-6900.
• Emailing us at [email protected]
• Complete the "Privacy Contact Form".

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Other California Privacy RightsCalifornia's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at:

Attn: Privacy Officer
Backer EHP Inc.
4700 John Bragg Hwy
Murfreesboro, TN 37127
USA

Our use of cookies and tracking

Cookies

Backer uses cookies to make interactions with our service easy and meaningful. Cookies are small text files that websites often store on computer hard drives or mobile devices of visitors. We use cookies (and similar technologies, like HTML5 localStorage) to keep you logged in, remember your preferences, and provide information for future development of Backer North America. For security purposes, we use cookies to identify a device. By using our Website, you agree that we can place these types of cookies on your computer or device.

We provide a web page on cookies and tracking that describes the cookies we set, the needs we have for those cookies, and the types of cookies they are (temporary or permanent). It also lists our third-party analytics providers and other service providers, and details exactly which parts of our Website we permit them to track.

Tracking and analytics

We use a number of third-party analytics and service providers to help us evaluate our Visitors' use of Backer North America, compile statistical reports on activity, and improve our content and Website performance. We only use these third-party analytics providers on certain areas of our Website, and all of them have signed data protection agreements with us that limit the type of User Personal Information they can collect and the purpose for which they can process the information. In addition, we use our own internal analytics software to provide features and improve our content and performance.

Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Backer responds to browser DNT signals and follows the W3C standard for responding to DNT signals. If you have not enabled DNT on a browser that supports it, cookies on some parts of our Website will track your online browsing activity on other online services over time, though we do not permit third parties other than our analytics and service providers to track Backer Visitors' activity over time on Backer North America.

How Backer North America secures your information

Backer takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information.

Backer enforces a written security information program. Our program:

• aligns with industry recognized frameworks;
• includes security safeguards reasonably designed to protect the confidentiality, integrity, availability, and resilience of our Users' data;
• is appropriate to the nature, size, and complexity of Backer North America’s business operations;
• includes incident response and data breach notification processes; and
• complies with applicable information security-related laws and regulations in the geographic regions where Backer does business.

In the event of a data breach that affects your User Personal Information, we will act promptly to mitigate the impact of a breach and notify any affected Users without undue delay.

Transmission of data on Backer North America is encrypted using SSH, HTTPS (TLS). We manage our own cages and racks at top-tier data centers with high level of physical and network security, and when data is stored with a third-party storage provider, it is encrypted.

No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

Backer North America's global privacy practices

We store and process the information that we collect in the United States in accordance with this Privacy Statement though our service providers may store and process data outside the United States. However, we understand that we have Users from different countries and regions with different privacy expectations, and we try to meet those needs even when the United States does not have the same privacy framework as other countries.

We provide a high standard of privacy protection—as described in this Privacy Statement—to all our users around the world, regardless of their country of origin or location, and we are proud of the levels of notice, choice, accountability, security, data integrity, access, and recourse we provide. We work hard to comply with the applicable data privacy laws wherever we do business, working with our Data Protection Officer as part of a cross-functional team that oversees our privacy compliance efforts. Additionally, if our vendors or affiliates have access to User Personal Information, they must sign agreements that require them to comply with our privacy policies and with applicable data privacy laws.

In particular:

• Backer provides clear methods of unambiguous, informed, specific, and freely given consent at the time of data collection, when we collect your User Personal Information using consent as a basis.
• We collect only the minimum amount of User Personal Information necessary for our purposes, unless you choose to provide more. We encourage you to only give us the amount of data you are comfortable sharing.
• We offer you simple methods of commucications for altering, or deleting the User Personal Information we have collected, where legally permitted.
• We provide our Users notice, choice, accountability, and security regarding their User Personal Information, and we limit the purpose for processing it. We also provide our Visitors a method of recourse and enforcement. These are the Privacy Shield Principles, but they are also just good practices.

How we communicate with you

We use your email address to communicate with you, if you've said that's okay, and only for the reasons you’ve said that’s okay. For example, if you contact our representatives with a request, we respond to you via email. You may manage your communication preferences by contacting us using the "Privacy Contact Form" .

Our emails may contain a pixel tag, which is a small, clear image that can tell us whether or not you have opened an email and what your IP address is. We use this pixel tag to make our email more effective for you and to make sure we’re not sending you unwanted email.

Resolving complaints

If you have concerns about the way Backer is handling your User Personal Information, please let us know immediately. We want to help. You may contact us by filling out the Privacy contact form. You may also email us directly at [email protected] with the subject line "Privacy Concerns." We will respond promptly — within 45 days at the latest.

You may also contact our Data Protection Officer directly.

Dispute resolution process

In the unlikely event that a dispute arises between you and Backer North America regarding our handling of your User Personal Information, we will do our best to resolve it. If we cannot, we have selected to cooperate with the relevant EU Data Protection Authority, or a panel established by the European data protection authorities, for resolving disputes with EU individuals, and with the Swiss Federal Data Protection and Information Commissioner (FDPIC) for resolving disputes with Swiss individuals. Please contact us if you’d like us to direct you to your data protection authority contacts.

Additionally, if you are a resident of an EU member state, you have the right to file a complaint with your local supervisory authority.

Independent arbitration

Under certain limited circumstances, EU, European Economic Area (EEA), Swiss, and UK individuals may invoke binding Privacy Shield arbitration as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please read more about Privacy Shield. Arbitration is not mandatory; it is a tool you can use if you so choose.

We are subject to the jurisdiction of the U.S. Federal Trade Commission (FTC).

Changes to our Privacy Statement

Although most changes are likely to be minor, Backer may change our Privacy Statement from time to time. We will provide notification to Users of material changes to this Privacy Statement through our Website at least 30 days prior to the change taking effect by posting a notice on our home page or, if you are a current Backer customer, sending email to the primary email address specified in your Backer account. For changes to this Privacy Statement that are not material changes or that do not affect your rights, we encourage Users to check our website frequently.

License

This Privacy Statement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.

Contacting Backer North America

Questions regarding Backer North America's Privacy Statement or information practices should be directed to our Privacy contact form.