Privacy Policy

Introduction

Building Engines (the “Company”) is the leading innovative provider of SaaS-based property operations software and related services.  The Company is committed to providing its clients with complete information respecting the collection, use, and disclosure of user information consistent with its internal and external privacy policies and practices. .  The Application is designed to provide registered and authorized owner, management, vendor and tenant users with an integrated System of information, analysis and communication tools regarding building operations, visitation, occupancy, satisfaction, risk, and available goods and services. The following details the Company’s policies, programs and practices regarding use of its corporate websites (www.buildingengines.com) and its SaaS applications (both web-based and mobile) by client owners and managers, as well as their authorized affiliates, their vendors, and their client tenants.  By accessing the Company’s websites and/or applications, you consent to these provisions and to the exclusive jurisdiction of the Commonwealth of Massachusetts in all disputes arising out of your use of our products and services.

Terminology

The following terminology applies to these policies and to any or all Agreements negotiated between Building Engines, Inc. and its clients:

  • "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
  • “Company Data” is comprised of aggregated and anonymized client user contact, asset, entity, and activity data typically used for benchmarking, standardization and reporting.
  • “Non-personal information” is general information that does not permit direct association with you as an individual.
  • “Personal information" is information that can be used to uniquely identify you as an individual or contact you directly. This may include contact information such as your name, address, telephone number, and email address. Personal information may also include sensitive financial data, although we do not actively collect it.
  • “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
  • "The Company", “Ourselves”, “We” and "Us", refers to our Company. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

This privacy policy governs your use of the Building Engines corporate website, its application software (both web-based and mobile), created by the Company.   The Company may collect various types of information - personal, non-personal and anonymous - through your access and use of our websites, our applications, and our services. 

User Provided Information:

Through its websites and application software, the Company collects all information that you provide to it when downloading; registering and/or using it.  While registration is optional in some cases, use of some features may be restricted to users who have successfully completed registration.  When you register and use the Application, you provide (a) your name, email address, user name, password and other contact-related information; (b) transaction-related information when responding to any offers, or downloading or using Application functions; (c) information you provide when you contact the Company for help, and (d) information entered into the System when using the Application, such as building-related sentiment, opinion, and other related information. 

“Personal Information” is only collected when you voluntarily provide it to the Company through our products, services, and websites.  You have the option to choose not to provide personal information to us; however, the failure to provide some information may prevent the Company from providing the certain products or services to you.  If you provide personal information to the Company about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. 

Automatically Collected Information:

When you browse Company websites or use its applications, the Company automatically collects Non-Personal Information including, but not limited to: device information, your browser, your Internet connection speed, your past web pages visited, your link selections on our various website pages, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our websites or applications.  This information may be used to: (1) manage and protect our websites, products, services, and users from fraudulent, abusive, or unlawful uses; and (2) help us research, develop, and improve our websites, applications, and services.  This type of information may also be aggregated or otherwise rendered anonymous for business and marketing uses by us or by third parties and, thereby, becomes Company Data.

Location Data:  

We may use GPS technology (or other similar technology) to determine your current location for feature support throughout the Application. We use various technologies to determine location, including IP address, GPS, and other sensors that help us to gauge occupancy, resource usage, and density.  If you do not want the Company to use your location information for the purposes set forth above, you should either deselect the geolocation functions when presented with that option at the outset of service usage, or deactivate the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application itself.   If you have “background location” turned on, the Building Engines application will, from time to time, collect your device’s location even if you are not directly interacting with the Application.  

Log Files:

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.  Additionally, for systems administration, detecting usage patterns and troubleshooting problems, our servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within the Company on a need-to-know basis.  Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Use and Disclosure:

We may disclose User-Provided, Automatically Collected Information, Location Data, and Log FIles:

  • To support Application functions,
  • As required by law, such as to comply with a subpoena, or similar legal process;
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • With our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

The Company may share your information within the Company, to support its products and services, as well as for operational and marketing purposes. The Company and its affiliates or any partner companies that access your information will do so according to this Privacy Policy.  With this information, the Company can provide you with the best customer service experience possible, provide you with the services you have ordered or requested, and notify you of the latest information regarding new or enhanced products, services, and promotions. The Company may periodically send offers, promotions, and updates regarding Company products and services to current and potential users via e-mail.  Every marketing e-mail that the Company sends contains instructions and procedures allowing you to opt out of additional marketing e-mails for that product or service.

We often use third-party companies, agents, and contractors to perform services on our behalf, such as website optimization; email distribution; infrastructure testing, and IT support services, background screening, and other data analysis, or processing functions.  The Company only shares your information with these companies to the extent reasonably necessary to support any third party’s ability to perform the services on our behalf.  We do not permit these third parties to use or disclose your personal information except for the purpose of providing the services we request of them. However, please note that the Company does not maintain control over the privacy policies and practices of any third party companies, agents, or contractors.

The Company may disclose user information if we reasonably believe that such disclosure is necessary to (1) satisfy any applicable legal or regulatory requirement; (2) respond to a governmental request, as required by law; (3) enforce Company Terms of Use or investigate potential violations thereof; (4) protect against fraudulent, malicious, abusive, unauthorized or unlawful use of Company products, services, and websites, or (5) protect our rights or the security of our customers, employees or data.

Transfer:

If the Company is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Cancellation:  

You can stop all collection of information by our application by uninstalling it. In such a case, we will retain User-Provided data for as long as you use the application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the websites or applications, please contact us at privacy@buildingengines.com and we will respond within a reasonable time. Please note that some or all of the User Provided Data may be required in order for the application to function properly. 

Please note that the Application is neither marketed to nor intended for use by children. 

Cookies and Other Technologies

When you access Company websites, applications, products, and services, the Company servers may place small text files (“cookies”) on your computer. “Cookies” and other like technologies enable the Company to gather information about your activity on our websites, products, and services for the purposes of improving your experience with the Company, remembering your preferences and settings, delivering advertising to match your preferences and interests, and for other similar customization purposes.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Security:

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Updates:

The Company will periodically update the provisions of this Privacy Policy. We will attempt to notify you of any changes to our Privacy Policy by posting the new policy language here.  It is your responsibility to review periodically this policy and its provisions for any changes.  You are therefore advised to re-read this statement on a regular basis.  Your continued use of the Company’s websites and/or applications, subsequent to any changes, will be deemed to be your approval of all changes.

Permission:

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States.  If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards. 

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at privacy@buildingengines.com

Confidentiality 

We are committed to protecting your privacy. Authorized employees within the company access the information only on a need to know basis. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.  We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer of Warranties.  

You understand and agree that the content provided in this application for any purpose is for information only.  Hence, the information on this web site is provided on an "as is" basis.  No representation is made or warranty given by Building Engines as to the accuracy or usability of this content.  Building Engines, Inc. assumes no responsibility for any accidents, disorientation, or delay resulting from use of this application, nor for any direct or consequential damages resulting therefrom. To the fullest extent permitted by law, this Company:

  • Excludes all representations and warranties relating to this website, its applications and its content, or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Disclaimer is made part of the Master Service Agreement executed between Building Engines and your Company.  You understand and agree that by opting to use our websites and applications, including the geolocation functions, you assume full responsibility for all liability and/or direct and consequential damage that may result from such use.  HENCE, BY CLICKING ON “AGREE”, YOU ACKNOWLEDGE THAT USE OF THIS APPLICATION, ITS GEOLOCATION FUNCTIONS, SERVICES, AND ITS CONTENT IS AT ENTIRELY AT YOUR SOLE RISK.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all Company products, information, and tradenames relating to the Company’s services and the content of this website. 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Severability

If any of these provisions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Your Consent

These terms and conditions form part of the Agreement between the Client and ourselves.  By accessing the Company’s websites and/or applications, you understand, agree, and accept the provisions herein, including the Disclaimer Notice. 

Contact Us

We have several different e-mail addresses for different questions and departments. These, & other contact information, can be found on our Contact Us link on our website under the “About” menu, or via Company literature or via the Company’s telephone number (781) 290-5300. If you need more information or have any questions regarding this Privacy Policy, you can contact us at the address below:

 

Legal Department
Building Engines, Inc.
460 Totten Pond Road
Waltham, MA, 02451
(781) 290-5300
legal@buildingengines.com