BEACON®
Platform Privacy Statement
Badger Meter, Inc. (“Badger Meter” or “we” or “us”) respects your privacy. Badger Meter provides the EyeOnWater® mobile application (“Mobile App”); the BEACON®, AquaCUE®, SoloCUE®, RADAR® and, TELOG Remote Monitoring metering analytics solutions (collectively, the “Solutions”); and the corresponding websites including https://eyeonwater.com, https://beaconama.net, https://aquacue.com, https://radar.syrinix.com/login, https://app.telogdhs.net/, and all other iterations of these websites in other jurisdictions (the “Websites”). The Mobile App, Solutions, and Websites are the “Platforms.” This Platform Privacy Statement (“Platform Privacy Statement”) describes the types of Personal Information that we collect when you use the Platforms, how we use that information, and how we may share that information.
For information on Badger Meter’s privacy practices related to www.badgermeter.com or our other operations, products, and services, please go to https://www.badgermeter.com/privacy-policy/.
We may modify this Platform Privacy Statement at any time. All changes will be effective immediately upon posting to the Platforms. Material changes will be conspicuously posted on the Platforms or otherwise communicated to you.
IF YOU ARE A CALIFORNIA, COLORADO, CONNECTICUT, OREGON, TEXAS, UTAH, OR VIRGINIA RESIDENT (OR A RESIDENT OF ANOTHER STATE WITH AN APPLICABLE CONSUMER DATA PRIVACY STATUTE), PLEASE SEE THE “YOUR STATE PRIVACY RIGHTS” BELOW FOR ADDITIONAL TERMS THAT APPLY TO YOU.
IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA (“EEA”), THE UNITED KINGDOM (“UK”), OR SWITZERLAND, PLEASE SEE THE “YOUR EEA, UK, AND SWISS PRIVACY RIGHTS” BELOW FOR ADDITIONAL TERMS THAT APPLY TO YOU.
IF YOU ARE A CANADIAN RESIDENT, PLEASE SEE THE “YOUR CANADIAN PRIVACY RIGHTS” BELOW FOR ADDITIONAL TERMS THAT APPLY TO YOU.
IF YOU ARE A RESIDENT OF MEXICO, PLEASE SEE THE “YOUR MEXICAN PRIVACY RIGHTS” BELOW FOR ADDITIONAL TERMS THAT APPLY TO YOU.
WHAT IS PERSONAL INFORMATION?
For purposes of this Platform Privacy Statement, “Personal Information” or “Personal Data” means information that alone or in combination 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.
Categories of Personal Information We Collect
We collect certain categories of Personal Information. The categories and a description of the types of data collected in each category are as follows:
| Category | Examples | Retention Period |
|---|---|---|
Identifiers |
Full name, mailing address, billing address, shipping address, Internet Protocol Address (“IP Address”), email address, account user ID, password, and telephone number. |
Businesses: We retain this information as long as we have a business relationship with you. For individuals: As long as needed to provide you with the Platforms, respond to your requests or as required by law. |
Commercial Information |
Information about your water meter or other flow measurement device, including but not limited to its location, product configuration, and meter usage. |
As long as we have a business relationship with you. |
Internet Activity |
Browsing history; search history; information regarding your interactions with the Platforms, application, or advertisement; electronic device identifier; hardware information; operating system version; browser type and version; browser language; media access control (MAC); screen resolution; cookie information; system type; access times; referring website URLs. |
For long as is needed for our business purposes. |
SOURCES OF THE INFORMATION WE COLLECT AND THE PURPOSES FOR WHICH WE COLLECT IT
The charts below explain where we get your Personal Information (from you or third parties) and why we collect and use it.
Information We Collect from You
We collect certain Personal Information directly from you, including electronic information we collect from you automatically when you use the Platforms.
| Purpose for Collection and Use | Examples | Category of Data |
|---|---|---|
Business Purposes |
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Communications |
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Platform Management Purposes |
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For Compliance and Legal Purposes |
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Analytics |
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Information We Collect from Third Party Sources
We may also receive your Personal Information from various third-party entities as described below.
| Third Party Source | Purpose for Collection and Use | Category of Data |
|---|---|---|
Water Utility via the connection between the Platforms and your water utility’s billing and other systems. |
Business Purposes
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Service Providers and third parties, including analytics providers. |
Platform Management, such as troubleshooting problems, improving the content and functionality of the Platforms, statistical and other analyses of the Platforms, and to customize the Platforms to you and our users. |
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DISCLOSING Personal Information
We may disclose your Personal Information as follows:
| With Whom We Disclose Personal Information | Purpose for Disclosing | Category of Personal Information |
|---|---|---|
Water Utility |
Business Purposes to facilitate the Platforms and facilitate a connection with the water utility’s billing system where applicable. |
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Employees, Affiliates, and Subsidiaries (with a need to know) |
Business Purposes including to process, deliver, and return purchased products and services; communicate with you; provide customer service; and improve our products and services. Platform Management including troubleshooting problems, improving the content and functionality of the Platforms, and to customize the Platforms to you and our users. |
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Service Providers |
Business Purposes including customer service, Platform analytics, and service providers that assist us in data collection, analysis, and reporting necessary to deliver your requested products and services. Platform Management including hosting, troubleshooting problems, improving the content and functionality of the Platforms, statistical and other analyses of the Platforms, and to customize the Platforms. |
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Government and Law Enforcement |
Legal Purposes. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Badger Meter or any other party. |
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Professional Advisors |
Business Purposes including to receive advice from our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to us. |
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New Parties Involved in the Operation of the Business |
Change in ownership. We may share your Personal Information in connection with a contemplated or completed strategic business transaction such as a merger, acquisition, sale of all or substantially all of our assets or stock to a subsequent owner or operator, a dissolution, bankruptcy, liquidation or other similar business transaction where Personal Information may be shared, sold or transferred to that third party, including during the due diligence process. |
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De-Identified / Aggregated Data
We may aggregate or de-identify Personal Information and other information to create anonymous, aggregated data about users of the Platforms. This data describes users as a group and does not reveal the identity of individual users. Any information or data that has been de-identified and/or aggregated so that it no longer contains Personal Information will not be treated as Personal Information (for example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code). Badger Meter will not attempt to re-identify de-identified Personal Information.
Children
The Platforms are not directed at children under 18 years of age. We do not knowingly collect, use, share or sell Personal Information from children under 18. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.
Data Security
We use physical, technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.
Third-Party Platforms
The Platforms may link to, or be linked to, websites or services not owned or controlled by Badger Meter. Badger Meter is not responsible for the privacy policies or practices of any third parties or any third-party websites. This Platform Privacy Statement does not apply to any third-party websites or to any Personal Information that you may provide to third parties. You should read the privacy policy for each website that you visit.
TOOLS WE USE AND YOUR CHOICES
Performance Tools. We may use software from third-party service providers on our Platforms to collect information about how the Platforms are used, provide forms, and enable APIs.
Opt-out of Communications: If you choose, we may contact you via text message or push notifications to inform you about your water use, such as if it appears you may have a leak. If you would like to opt-out of text alerts, text “STOP” in the text message thread at any time. To remove push notifications, disable this type of notification on your mobile device.
Contact Us
Please contact us as described below with any questions, comments or complaints:
Badger Meter, Inc.
Legal Department
4545 W Brown Deer Road
P.O. Box 245036
Milwaukee, WI 53224
Your STATE Privacy Rights
The terms in this section are only applicable to residents of U.S. States with applicable consumer privacy laws, including without limitation, residents of California, Colorado, Connecticut, Oregon, Utah, Texas and Virginia.
Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together, the “CCPA”), the Colorado Privacy Act, the Connecticut Data Privacy Act, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Privacy Act, residents of those states have additional rights with regard to their Personal Information. We have provided a summary of those rights below. In the event of a conflict between this section and the remainder of this Policy, this section shall take precedence for the applicable state residents. Certain capitalized terms not defined in this Platform Privacy Statement have the meanings set forth in the relevant consumer data privacy statute, including those listed above.
Exercising Your Privacy Rights
Rights Request. If you are a resident of California, Colorado, Connecticut, Oregon, Texas, Utah, or Virginia, you may exercise your state privacy rights (listed below) by contacting us at any of the following:
Badger Meter, Inc.
Legal Department
4545 W Brown Deer Road
P.O. Box 245036
Milwaukee, WI 53224
When We Will Respond: We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.
Opt-Out
You have the right to opt-out of having your Personal Information sold to or shared with third parties for targeted advertising. Please note, however, we do not sell or share the Personal Information we collect from or about you in connection with the Platforms for targeted advertising purposes.
State-Specific Privacy Rights
| CALIFORNIA RESIDENTS - PRIVACY RIGHTS | |
|---|---|
Right to Know |
Subject to certain exceptions, you have the right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. |
Right to Delete |
Subject to certain exceptions, you have the right to request that we delete the Personal Information we have collected about you. |
Right to Correct |
Subject to certain exceptions, you have the right to request that we correct your inaccurate Personal Information. |
Right to Non-Discrimination |
We will not discriminate against you for exercising any Privacy Right provided under applicable law. |
Who May Exercise Your Privacy Rights? |
Only you or a person that you authorized to act on your behalf may make a privacy rights request concerning your Personal Information. A parent or legal guardian may make a privacy rights request on behalf of their child. If you choose to use an authorized agent, you must: (a) provide signed, written permission to that authorized agent to submit privacy rights requests on your behalf; (b) verify your identity directly with us; and (c) directly confirm with us that you granted permission to the authorized agent to submit the request on your behalf. We may deny a request from an authorized agent if we do not have proof that you authorized them to act on your behalf. |
| ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS | |
Categories of Personal Information Collected |
During the past 12 months, we have collected the following categories of Personal Information as described in the “SOURCES OF THE INFORMATION WE COLLECT AND THE PURPOSES FOR WHICH WE COLLECT IT” section above. |
Categories of Personal Information Disclosed for a Business Purpose |
During the past 12 months, we have disclosed the following categories of Personal Information for a business purpose:
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Categories of Personal Information Sold or Shared |
We do not Sell or Share (as those terms are defined in the CCPA) any Personal Information we collect through the Platforms. |
Sensitive Information |
We do not collect, use, or disclose your Sensitive Personal Information, as defined in the CCPA. |
California Shine the Light |
Under California's Shine the Light Law (California Civil Code Section 1798.83), you have the right to request the following information regarding our disclosure of your Personal Information to third parties for direct marketing purposes: (a) the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (b) the names and addresses of the third parties that received the information; and (c) if the nature of the third party's business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you. You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to: Email us at: legal@badgermeter.com. |
| COLORADO RESIDENTS - PRIVACY RIGHTS | |
|---|---|
Right to Know |
Subject to certain exceptions, you have the right to confirm whether we are processing your Personal Information and to access such Personal Information. |
Right to Delete |
Subject to certain exceptions, you have a right to request that we delete the Personal Information we collected from you. If we have obtained Personal Information about you from another source, we will either: (a) retain a record of the Right to Delete request and the minimum data necessary for the purpose of ensuring that your Personal Information remains deleted from our records and not using such retained data for any other purpose; or (b) offer to opt you out of the processing of such Personal Information for any purpose except for those exempted purposes under applicable law. |
Right to Correct |
Subject to certain exceptions, you have the right to request that we correct your inaccurate Personal Information. |
Right to Data Portability |
Subject to certain exceptions, you may request a copy of the Personal Information you previously provided to us in a portable and, to the extent technically feasible, readily usable format. |
Who May Exercise Your Privacy Rights? |
Only you or a person that you authorized to act on your behalf may make a privacy rights request concerning your Personal Information. A parent or legal guardian may make a privacy rights request on behalf of their child. If you choose to use an authorized agent, you must: (a) provide signed, written permission to that authorized agent to submit privacy rights requests on your behalf; (b) verify your identity directly with us; and (c) directly confirm with us that you granted permission to the authorized agent to submit the privacy rights request on your behalf. We may deny a request from an authorized agent if we do not have proof that you authorized them to act on your behalf. |
Right to Appeal |
If we deny your request, you have the right to appeal. To do so, email us at legal@badgermeter.com within 60 days of your receipt of our denial. We will acknowledge your appeal when we receive it. Within 60 days, we will inform you in writing whether we have reconsidered your request or declined to do so. We will also provide an explanation of our decision. |
| CONNECTICUT RESIDENTS - PRIVACY RIGHTS | |
|---|---|
Right to Know |
Subject to certain exceptions, you have the right to confirm whether we are processing your Personal Information and to access such Personal Information. |
Right to Delete |
Subject to certain exceptions, you have a right to request that we delete the Personal Information we collected from you. If we have obtained Personal Information about you from another source, we will either: (a) retain a record of the Right to Delete request and the minimum data necessary for the purpose of ensuring that your Personal Information remains deleted from our records and not using such retained data for any other purpose; or (b) offer to opt you out of the processing of such Personal Information for any purpose except for those exempted purposes under applicable law. |
Right to Correct |
Subject to certain exceptions, you have the right to request that we correct your inaccurate Personal Information. |
Right to Data Portability |
Subject to certain exceptions, you may request a copy of the Personal Information you previously provided to us in a portable and, to the extent technically feasible, readily usable format. |
Who May Exercise Your Privacy Rights? |
Only you or a person that you authorized to act on your behalf may make a privacy rights request concerning your Personal Information. A parent or legal guardian may make a privacy rights request on behalf of their child. If you choose to use an authorized agent, you must: (a) provide signed, written permission to that authorized agent to submit privacy rights requests on your behalf; (b) verify your identity directly with us; and (c) directly confirm with us that you granted permission to the authorized agent to submit the privacy rights request on your behalf. We may deny a request from an authorized agent if we do not have proof that you authorized them to act on your behalf. |
Right to Appeal |
If we deny your request, you have the right to appeal. To do so, email us at legal@badgermeter.com within 60 days of your receipt of our denial. We will acknowledge your appeal when we receive it. Within 60 days, we will inform you in writing whether we have reconsidered your request or declined to do so. We will also provide an explanation of our decision. |
| OREGON RESIDENTS - PRIVACY RIGHTS | |
|---|---|
Right to Know |
Subject to certain exceptions, you have the right to confirm whether we are processing your Personal Information and to access such Personal Information and the categories of Personal Information that we have processed or are processing. You also have the right to obtain from us a list of specific third parties, other than natural persons, to which we have disclosed: (i) your Personal Information or (ii) any Personal Information. You may also request a copy of all of your Personal Information that we have processed or are processing. |
Right to Delete |
Subject to certain exceptions, you have a right to request that we delete the Personal Information (1) we collected from you, (2) we collected from another source, and (3) information we derived from your Personal Information. |
Right to Correct |
Subject to certain exceptions, you have the right to request that we correct your inaccurate Personal Information, taking into account the nature of the Personal Information and our purpose for processing the Personal Information. |
Right to Data Portability |
Subject to certain exceptions, you may request a copy of the Personal Information you previously provided to us in a portable and, to the extent technically feasible, readily usable format. |
Who May Exercise Your Privacy Rights |
Only you or a person that you authorized to act on your behalf may make a privacy rights request concerning your Personal Information. A parent or legal guardian may make a privacy rights request on behalf of their child. |
Request to Appeal |
If we deny your request, you have the right to appeal. To do so, email us at legal@badgermeter.com within 60 days of your receipt of our denial. We will acknowledge your appeal when we receive it. Within 60 days, we will inform you in writing whether we have reconsidered your request or declined to do so. We will also provide an explanation of our decision. |
| TEXAS RESIDENTS - PRIVACY RIGHTS | |
|---|---|
Right to Know |
Subject to certain exceptions, you have the right to confirm whether we are processing your Personal Information and to access the Personal Information. |
Right to Correct |
Subject to certain exceptions, you have the right to request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information. |
Right to Delete |
Subject to certain exceptions, you have a right to request that we delete the Personal Information you have provided to us or that we have obtained about you. |
Right to Data Portability |
Subject to certain exceptions, you may request a copy of the Personal Information you previously provided to us in a portable and, to the extent technically feasible, readily usable format. |
Who May Exercise Your Privacy Rights? |
You or a person that you authorized to act on your behalf may make a privacy rights request concerning your Personal Information. If you are a parent or legal guardian, you may make a privacy rights request on behalf of your child. We may not approve your request submitted via an authorized agent if (1) the authorized agent does not communicate the request to us in a clear and unambiguous manner; (2) we are not able to verify, with commercially reasonable effort, that the consumer is a resident of this state; (3) we do not possess the ability to process the request; or (4) we do not process similar or identical requests we receive from consumers for the purpose of complying with similar or identical laws or regulations of another state. |
Right to Appeal |
If we deny your request, you have the right to appeal. To do so, email us at legal@badgermeter.com within 60 days of your receipt of our denial. We will acknowledge your appeal when we receive it. Within 45 days of receiving your request, we will inform you in writing of any action taken or not taken in response to your request, including a written explanation of the reasons for our decision. If you disagree, you may submit an appeal to the Texas Attorney General’s office online or by calling the Consumer Protection Hotline at 1-800-621-0508. |
| UTAH RESIDENTS - PRIVACY RIGHTS | |
|---|---|
Right to Know |
Subject to certain exceptions, you have the right to confirm whether we are processing your Personal Information and to access such Personal Information. |
Right to Delete |
Subject to certain exceptions, you have a right to request that we delete the Personal Information we collected from you. |
Right to Data Portability |
Subject to certain exceptions, you may request a copy of the Personal Information you previously provided to us in a portable and, to the extent technically feasible, readily usable format. |
Who May Exercise Your Privacy Rights? |
Only you may make a privacy rights request concerning your Personal Information. A parent or legal guardian may make a privacy rights request on behalf of their child. A guardian or conservator may make a privacy rights request on behalf an individual subject to guardianship, conservatorship, or other protective arrangement under applicable law. |
| VIRGINIA RESIDENTS - PRIVACY RIGHTS | |
|---|---|
Right to Know |
Subject to certain exceptions, you have the right to confirm whether we are processing your Personal Information and to access such Personal Information. |
Right to Delete |
Subject to certain exceptions, you have a right to request that we delete the Personal Information we collected from you. If we have obtained Personal Information about you from another source, we will either: (a) retain a record of the Right to Delete request and the minimum data necessary for the purpose of ensuring that your Personal Information remains deleted from our records; or (b) offer to opt you out of the processing of such Personal Information for any purpose except for those exempted purposes under applicable law. |
Right to Correct |
Subject to certain exceptions, you have the right to request that we correct your inaccurate Personal Information. |
Right to Data Portability |
Subject to certain exceptions, you may request a copy of the Personal Information you previously provided to us in a portable and, to the extent technically feasible, readily usable format. |
Who May Exercise Your Privacy Rights? |
Only you may make a privacy rights request concerning your Personal Information. A parent or legal guardian may make a privacy rights request on behalf of their child. |
Right to Appeal |
If we deny your request, you have the right to appeal. To do so, email us at legal@badgermeter.com within 60 days of your receipt of our denial. We will acknowledge your appeal when we receive it. Within 60 days, we will inform you in writing whether we have reconsidered your request or declined to do so. We will also provide an explanation of our decision. |
YOUR EEA, UK, AND SWISS PRIVACY RIGHTS
The terms in this section are only applicable to those located in the European Economic Area (“EEA”), United Kingdom (“UK”) and Switzerland.
The purpose of this section is to provide information and additional provisions that apply regarding Badger Meter’s Processing of Personal Data in accordance with the EU General Data Protection Regulation 2016/679, the UK General Data Protection Regulation and the Swiss Federal Data Protection Act (collectively, the “GDPR”). In the event of a conflict between this section and the remainder of the Platform Privacy Statement, this section shall control for those persons located in the EEA, UK or Switzerland. The terms “Personal Data”, “Processing”, and “Automated Decision” in this Section have the same meanings set forth under the GDPR.
Legal Basis for Processing. When Badger Meter processes your Personal Data, it has a legal basis for doing so as required under GDPR. Badger Meter will only process your Personal Data if: (i) it has received your express opt-in consent for such Processing, (ii) the Processing is necessary for performance of a contract, (iii) the Processing is necessary for a legal obligation to which Badger Meter is subject, (iv) the Processing is necessary to protect the vital interests of the data subject, (v) the Processing is necessary for a task carried out in the public interest, or (vi) if Badger Meter or a third party has a legitimate interest that is not overridden by the interests or fundamental rights and freedoms of the data subject. Badger Meter’s legal bases for Processing Personal Data are below:
| Purpose | Legal Basis for Processing | Category of Personal Data |
|---|---|---|
Platform Administration: To offer, operate, maintain, deliver, troubleshoot and update the Platforms; prevent fraud; and help us provide safe and reliable services through the Platforms. |
Legitimate Interest of maintaining the Platforms, preventing fraud and maintaining reliable services through the Platforms. |
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Communications. To communicate with you about changes to this Platform Privacy Statement, our Terms of Use, or any other public facing policies; to respond to your requests or inquiries; and to provide you the information you requested when filling out our online forms, when you email us, or when you call us. |
Depending on the communication, the Legitimate Interests of (a) providing good customer service, (b) answering your requests or inquiries, (c) notifying you of new products or services or updates to our policies and (d) assisting you with technical issues related to your use of the Platforms. |
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Legal Compliance and Business Purposes: To comply with legal requests or processes; to protect our interests or those of third parties; to address violations of the Terms of Use or this Platform Privacy Statement; to communicate with our professional advisors; pursuant to a due diligence process, change in control or insolvency. |
Legitimate Interests of (a) protecting our legal rights and interests, and those of third parties, (b) complying with applicable laws, regulations or governmental requests, (c) to seek professional advice; and (d) to manage a change of control situation. |
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Product Improvement. To support, analyze, develop, improve, and enhance our products, services, user experience, and operations, including the Platforms. |
Legitimate Interests of supporting, analyzing, developing, improving, and enhancing our products, services, user experience, and operations, including the Platforms. |
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Right To Withdraw Consent. In the event you provide your consent for us to process your Personal Data, you may withdraw your consent at any time by emailing legal@badgermeter.com to request such change at no additional cost.
Opt-Out. You may opt-out of us disclosing your Personal Data to third parties or using your Personal Data for any purpose that is materially different from the purpose(s) for which we collected it or for which you subsequently authorized us to use it, by emailing us at: legal@badgermeter.com. We do not disclose Personal Data except as stated in the “Disclosing Personal Information” section above and do not use or disclose Personal Data collected through the Platforms for marketing purposes.
Additional Privacy Rights. You also have the following privacy rights under the EU General Data Protection Regulation 2016/679, the UK General Data Protection Regulation and the Swiss Federal Data Protection Act, as applicable:
Right of access
Right to rectification
Right to erasure
Right to restriction of processing
Right to data portability
Right to object
To exercise the above rights, please submit a request to legal@badgermeter.com or by contacting Nicholas Gemmell, EEA, UK & Swiss Data Protection Officer, at:
Email: ngemmell@badgermeter.com
Phone: +44(0) 791 790 5256
Post: Unit 1 & 2 Gatehead Business Park, Delph New Road, Delph,
Saddleworth, OL3 5DE United Kingdom
Automated Decision Making. Badger Meter does not make any automated decisions on your behalf or about you without first obtaining your express, opt-in consent. In the event we secure your consent to do so, you have the right to object to the processing of Personal Data via automated decision making at any time by contacting us at legal@badgermeter.com.
Data Privacy Framework.
Badger Meter complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. Badger Meter has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the Processing of Personal Data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Badger Meter has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the Processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. DPF. Badger Meter remains responsible for any of your Personal Data that is shared with third parties for external Processing on our behalf under the Onward Transfer Principle, as described in the “Disclosing Personal Information” section of this Platform Privacy Statement.
If there is any conflict between the terms in this Privacy Statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Lodging a Complaint.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Badger Meter commits to resolve complaints, related to DPF Principles, about our collection and use of your Personal Data. EU, UK and Swiss individuals with inquiries or complaints regarding our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Badger Meter at:
Nicholas Gemmell, EEA, UK & Swiss Data Protection Officer
Email: ngemmell@badgermeter.com
Phone: +44(0) 791 790 5256
Post: Unit 1 & 2 Gatehead Business Park, Delph New Road, Delph,
Saddleworth, OL3 5DE United Kingdom
If we cannot resolve the conflict internally, in compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Badger Meter commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.
The U.S. Federal Trade Commission has jurisdiction over Badger Meter’s compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
An individual may, under certain conditions, invoke binding arbitration. Please see ANNEX I for more information on conditions giving rise to binding arbitration
YOUR CANADIAN PRIVACY RIGHTS
The terms in this section are only applicable to residents of Canada.
"Personal Information" means information about an identified or identifiable individual where such information can be linked to an individual either alone or in combination with other information (such as information contained in cookies).
Legal Disclosures and Lawful Requests. We and our service providers and affiliates may disclose your Personal Information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your Personal Information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Translations. This Platform Privacy Statement may be provided in several languages for the convenience of our customers and users of our Platforms. In the event of conflict or inconsistency, the English language version of this Platform Privacy Statement controls, unless otherwise required by applicable law. En cas de conflit ou d'incohérence, la version anglaise de cette politique de confidentialité contrôle, sauf si la loi applicable l'exige.
Your Rights and Choices
Under certain Canadian data protection laws, you may have rights relating to your Personal Information as described below.
Right of Access - You have the right to be informed of and request access to the Personal Information we process about you. Subject to certain exceptions, you have a right to receive a copy of the Personal Information we hold about you.
Right to Rectification - Under certain circumstances, you have the right to request that we amend or update inaccurate or incomplete Personal Information about you.
Right to Erasure (Deletion) - Under certain circumstances, you have the right to request that we delete your Personal Information.
Right to Restrict - Under certain circumstances, you have the right to request that we temporarily or permanently stop processing all or some of your Personal Information.
Right to Object - Under certain circumstances, you have the right to object to Badger Meter's Processing of your Personal Information (including profiling) when it is based on our legitimate interests.
Right to Data Portability - When we are processing your Personal Information based on consent or on a contract and the processing is carried out by automated means, you have the right to request a copy of your Personal Information in an electronic format and further request that we send such Personal Information to another party.
Communication Preferences and Opt-Outs - You have the right to stop receiving marketing communications from us at any time by contacting legal@badgermeter.com.
Right to Lodge a Complaint - You have the right to lodge a complaint with the applicable supervisory authority.
Accordingly, if required by applicable law and subject to any lawful exceptions, we will comply with any such requests by you to exercise those rights. We may require you to prove your identity before we modify, provide, delete or transfer your Personal Information, which may require you to provide us with certain Personal Information. If you use the Platforms in connection with your water utility or employer, we may ask you to submit such requests to them.
To exercise your rights described in this Platform Privacy Statement, you may submit your request to us by contacting our Privacy Officer for Canada, Bill Bergum at any of the following:
Badger Meter, Inc.
Legal Department
Attn: Bill Bergum
4545 W Brown Deer Road
P.O. Box 245036
Milwaukee, WI 53224
Verifying Your Request. You must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request. When we receive your request to exercise your rights under applicable law: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including Personal Information; (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc.
We will only use Personal Information we collect during the verification process for the purpose of verifying your identity and fulfilling your request. If you maintain an account with us, we may use that account to respond to your request and/or verify your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why.
We will respond to your requests within the time period prescribed by applicable law. If we require additional time, we will inform you of the reason and extension period.
YOUR MEXICAN PRIVACY RIGHTS
The terms in this section are only applicable to residents of Mexico. In compliance with the Federal Law on Protection of Personal Data Held by Individuals (“LFPD”), we provide the following additional information regarding our privacy practices and your privacy rights.
You have the additional rights (i) to cancel your Personal Information when you deem it is not required for the purposes established in this Platform Privacy Statement or that it is being used for unauthorized purposes, (ii) to oppose the processing of your Personal Information for certain specific purposes, and (iii) to file a complaint with the Federal Public Information Access Institute at www.ifai.org.mx.
You may exercise rights (i) and (ii) through a written petition to us at the address below, accompanied by your email address and telephone number, and if applicable, specific details of the reasons for which a rectification, opposition or revocation of consent is requested. We will respond to your petition within a reasonable amount of time and inform you of its outcome through the phone number and/or email address provided by you.
Badger Meter, Inc.
Legal Department
4545 W Brown Deer Road
P.O. Box 245036
Milwaukee, WI 53224
