Terms of Use (Customer Data)

ClimateTab's Terms of Use for Customer Data

Introduction

ClimateTab is a subsidiary of Three Pillars Consulting. These Terms of Use govern the use of Customer data within the ClimateTab website and software (https://climatetab.com/app), herein referred to as "Software", provided by ClimateTab. Specifically, these Terms relate to data supplied to ClimateTab by Customers of our software, whereby the Customer is defined as any subscriber or company with at least 1 active user account within our software. By subscribing to and using the Software, the user ("Customer") agrees to and to be bound by these Terms, including the specific provisions relating to data submissions, data management, data processing, and data handling during use of the software or in the event of termination of the software subscription. By accessing https://climatetab.com/app, you and your company agree to abide by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you are prohibited from using or accessing our Software.

This policy is effective as of 22 OCTOBER 2022

Last updated: 18 JUNE 2024

Information We Collect

Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.

“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.

“Automatically collected” information refers to any information automatically sent by your devices (e.g. web browser) in the course of accessing our website and software.

Corporate Data and Information

Corporate Data and Information is defined as information about a Customer that is supplied by the Customer to ClimateTab in digital, hard-copy, or oral formats which are used specifically for ensuring access and operability of the software for the Customer's users (e.g. employees). Specifically, the Corporate Data requested and maintained is:

• Required: Company Name
• Required: Company Location (Address)
• Required: Company Email (Primary Point of Contact)
• Required: Company Phone (Primary Point of Contact)
• Required: Sector or Industry
• Required: Company Billing Information (e.g. VAT Number, etc.) for Billing Purposes
• Required: Company Emissions Data (Fuel Consumption, Electricity Usage, etc.)
• Optional: Supporting Documents for Company Emissions Data
• Optional: Company Logo

We do not require or request any information related to the following:

• Not Requested / Required: Company Registration Numbers or Commercial Registration Documents
• Not Requested / Required: Company Financial Records
• Not Requested / Required: Company Trade Secrets or Confidential Information or Intellectual Property
• Not Requested / Required: Classified, Top-Secret, Secret, or Sensitive Data

ClimateTab does not explicitly nor intentionally request nor require Customer Data that is deemed to be sensitive, secret, or proprietary in nature in respect to the Customer, its shareholders, partners nor to authorities and/or the country which it is a commercial resident in. It is the requirement of each Customer to determine whether they consider data being entered into the software is 'sensitive' in nature and/or whether special considerations should be given for such data.

Process Data

Process Data refers to data that accumulates over the normal course of operation on our website and software. This may include data process records, stored files, company profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our website and software.

Legitimate Reasons for Processing Corporate Data and Information

We may collect, hold, use, and disclose a Customer's information for the following purposes, and Customer information will not be further processed in a manner that is incompatible with these purposes:

• to enable a Customer (and its users) to access and use our website and software
• to provide a Customer (and its users) with our website and software's core features and services
• to ensure and maintain elevated levels of security on the Customer's data such as enforcing record-level security such that each Customer (and its users) only have access to the data that they are intended to have access to (i.e. data for their specific company and / or a subset of that data as enforced by their company's admins)
• to contact and communicate with the Customer (and its users)

Security of Corporate Data and Information

When we collect and process Customer information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

ClimateTab ensures that all data (including Customer data) used in the software is end-to-end encrypted and thus your Customer details are concealed at all times. Unique (randomized) identification numbers and/or other such indirect values are used for data processing, as opposed to the direct Customer data itself. Additionally, ClimateTab complies with leading global security standards and regulatory requirements such as GDPR, SOC II Type 2, ISO/IEC 27001, and others.

Although we will do our best to protect the Customer information provided to us, we advise that no method of electronic transmission or storage is 100% secure and no one can guarantee absolute data security.

Customers (and its users) are responsible for selecting any password and its overall security strength, ensuring the security of the Customer's own information within the bounds of our services. For example, ensuring any passwords associated with accessing your Customer information and accounts are secure and confidential.

Disclosure of Data to Third Parties

Specifically for the purposes of carrying out the functionality of our Software and software-related services, we may disclose Customer information to:

• A Parent Company or Subsidiary
• Third-party service providers for the purpose of enabling them to provide their services, including (without limitation) data storage providers, data hosting providers, server providers, data analytics providers, data integration services (e.g. task automation, workflow automators), and payment systems operators
• Our employees or hired contractors
• As well as courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
• An entity that buys, or to which we transfer all or substantially all of our assets and business

Third parties that ClimateTab uses for the purposes of software functionality and in relationship to a Customer's data includes: Amazon Web Services for hosting of all data, Caspio for processing of data, and Make for processing of data, whereby all such data is encrypted and secured as mentioned in the Terms of Service.

Third parties that ClimateTab uses for its general digital infrastructure include: Bluehost for website hosting, and Gmail for management of ClimateTab's corporate email accounts, however this does not involve sending Customer data from the software to those third parties.

Aggregated and Anonymized Data

• Data Usage Consent: By using our software, you consent to the collection, anonymization aggregation of your company-related data for various non-commercial and commercial purposes. We will ensure that any data used for commercial purposes is anonymized and aggregated so that it cannot be traced back to any individual customer. Company-related data refers to all data provided by you or generated through your use of our software, and this explicitly excludes personal data of your employees or customers.
• Anonymization and Aggregation: We may anonymize and aggregate your company-related data with data from other customers. Anonymization involves removing or altering information that could reasonably be used to identify your company. Aggregation involves combining your data with data from other customers to create datasets that represent general trends or patterns.
• We may use anonymized and aggregated company-related data for various purposes, including but not limited to:
• Developing and improving our software and services.
• Conducting research and analysis.
• Creating and sharing industry reports, insights, and trends.
• As well as to sell or license anonymized and aggregated data to third parties for commercial purposes. In such cases, we will ensure that the data cannot be used to identify your company or any other individual customer.
• Data Security: We implement appropriate technical and organizational measures to protect company-related data against unauthorized access, disclosure, alteration, or destruction.
• Opt-Out Option: If you do not want your company-related data to be used for anonymization, aggregation, and subsequent commercial purposes, you may opt out by selecting this option in your Company Profile Page (https://climatetab.com/app/company/my-profile).

How Long We Keep Your Personal Information

We keep your Customer information only for as long as we need to in order to provide the Customer and/or its users with the services of the software. This time period may depend on what we are using the Customer's information for, in accordance with this document. For example, if the Customer has provided us with information as part of creating an account with us, we may retain this information for the duration that the Customer's accounts exists in our system. If the Customer's information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify the Customer and per the clauses below related to "Data Handling Upon Termination".

Data Handling Upon Termination

Upon termination of your subscription, whether by cancellation by the Customer or discontinuation by ClimateTab, the following data handling protocols will be followed:

• a. Data Retention
ClimateTab will retain the Customer's data for a standard period of 90 days post-cancellation ("Retention Period"). This period is designed to allow Customers the flexibility to reactivate their account if desired and ensure the continuity of their data.
• b. Data Access
During the Retention Period, the Customer will have the ability to access their data only for the purpose of downloading or transferring it. No active use of the Software will be permitted.
• c. Data Deletion
After the expiration of the Retention Period, all Customer data will be permanently deleted from our servers, unless a written request is made by the Customer to retain the data for a longer period or to delete it immediately. Such requests must comply with applicable legal and regulatory requirements.
• d. Data Reactivation
If the Customer chooses to reactivate their subscription within the Retention Period, all data will remain intact and the Software functionality will be restored in full.
• e. Exceptional Circumstances
In cases of legal or regulatory requirements, ClimateTab may be required to retain Customer data beyond the Retention Period. Customers will be notified of such circumstances as required by law.

Amendments

ClimateTab reserves the right to modify these data handling terms as necessary. Customers will be notified of any significant changes to these terms.

Contact Information

For any questions or concerns about these terms or data handling practices, Customers may contact our support team at support@climatetab.com.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Changes to These Terms and Conditions

At our discretion, we may change our Terms and Conditions to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change these Terms and Conditions, we will post the changes here at the same link by which you are accessing these Terms and Conditions.

If the changes are significant, or if required by applicable law, we will contact the Customer (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed Terms and Conditions.

If required by law, we will get the Customer's permission or give the Customer the opportunity to opt in to or opt out of, as applicable, any new uses of your Customer information.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Oman. The Customer irrevocably submits to the exclusive jurisdiction of the courts in that State or location.

Contact Us

For any questions or concerns regarding these Terms and Conditions, you may contact us using the following details:

ClimateTab Support Team
support@climatetab.com