Privacy Policy

RAUCH, inc. (“Licensor”) and you, the Licensee, are parties to a separately executed Smart Site Plan™ Service Agreement (“Service Agreement”) containing the terms and provisions of Licensor’s provision of Smart Site Plan™ (“SSP”) to you.

This document discloses the Licensor’s SSP online privacy practices (“Privacy Policy”). As part of the normal operation of SSP, Licensor collects and, in some cases, discloses information about Licensee to third parties. This Privacy Policy describes the Licensee information Licensor collect, how it may use such information, and what may happen to this information. By accepting and executing the Service Agreement and by its use of the SSP portal, Licensee expressly consents to Licensor’s use and disclosure of Licensee’s information, as described herein, in accordance with this Privacy Policy and applicable law. This Privacy Policy is incorporated by reference into and made subject to terms of that Service Agreement.

1. Introduction

SSP Owner. SSP is a cloud-based data integration service, accessed through the SSP web portal, provided by Licensor for Licensee’s use pursuant to the terms and conditions of the Service Agreement. The licensor can be contacted by mail at the mailing and e-mail addresses and telephone numbers shown in the footer to this Privacy Policy. This online privacy notice discloses Licensor information practices for SSP, including what type of information is requested in order to subscribe to SSP, how the information is used, and with whom the information is shared.

Licensee’s Visits to SSP Portal. In general, Licensee can visit and use the SSP portal without disclosing any personal information. Licensor does analyze the data gathered from SSP portal visits for trends, statistics and then discards the gathered data. In addition, Licensor uses Google Analytics to track Licensee log-ins to SSP.

2. Information Used in Operation of SSP

Project Data. Project Data consists of all data, whether stored on Licensor’s own servers or on those of others, used to provide Licensee with SSP service, as more defined in Section 1 of the separate Service Agreement. Project Data includes both Publicly Available Information and Licensee Personally Identifiable Information, as described herein. Only Licensee Personal Identifiable Information is subject to Licensor’s Privacy Policy. Project Data is accessible through the SSP portal for Licensee’s use and is secured by salting and hashing encrypted password protection provided by Licensor.

Publicly Available Information. Publicly Available Information (“PAI”) is available on the Internet and elsewhere to the general public without a subscription to SSP. PAI is stored on the servers of the providers of such content. In providing SSP, Licensor relies, in part, upon PAI existing on external servers operated by the suppliers of PAI. PAI includes, but is not limited to, Google Earth base maps and other Google products and infrastructure data made available to the general public. SSP content that is obtained from PAI is subject to the terms and conditions of PAI providers, including those provider’s information policy notices, not those of the Licensor.

Licensee Personally Identifiable Information. Licensee Personally Identifiable Information (“LPIA”)refers to information that provides the Licensor with the specifics of who the Licensee is and the Licensee-specific construction site design, surveying, engineering, or construction advisory information that is prepared by Licensee and/or its professional service advisers and entered into SSP. All LPIA is stored on SSP’s own servers. In the case of LPIA only, Licensor’s information privacy policy is applicable.

3. Licensee Personally Identified Information That May Be Collected

SSP Subscription Information. In order to subscribe to and access SSP, Licensor will request that Licensee provide certain personally identifying information, which may include: legal name, postal address, e-mail address, screen name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number. Licensor may request additional information necessary to establish and maintain Licensee’s account. SSP subscription information is LPIA.

Licensor Site-Specific Information. Licensee-specific construction site design, surveying, engineering, construction advisory, or service and maintenance-related information that is prepared by Licensee, its agents, and/or its professional service advisers and entered into SSP are LPIA. All forms prepared by Licensee for the entry of LPIA data are automatically transmitted to the SSP service team and all e-mail recipients listed by Licensee on a given form and then saved into Licensee’s SSP information; provided, however, that SSP’s GPS mode allows licensees to track the position of its mobile on a real-time basis, but does not allow retention of such users’ location information in SSP.

Service Quality Monitoring. The use of SSP may require Licensee to telephone Licensor, or Licensor to call Licensee. Licensor will not contact Licensee by telephone without its prior consent, except to confirm an order placed online and/or to inform Licensee of the status of such order. Customers should be aware that it is Licensor’s practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.

Information from Children. Licensor does not sell products or services for purchase by children and will not collect or post information from children.

Lost or Stolen Information. If Licensee’s credit card and/or password is lost or stolen, it should promptly notify Licensor in order to enable Licensor to cancel the lost or stolen information and to update its records with a changed credit card and/or password.

Links to Other Web Sites. SSP may link to other websites to secure PAI. The Licensor is not responsible for the privacy practices or the content of those other Web sites.

4. Uses Made of LPIA

Limited Uses Identified. Without Licensee’s prior consent, Licensor will not use LPIA for any purpose other than that for which it is submitted. Licensor uses LPIA to handle Licensee SSP subscription requests and billing, reply to inquiries, handle complaints, provide operational notices, and in program record-keeping.

Stored Information Uses. Licensor stores and retains Licensee’s LPIA entered into SSP to support customer interaction with SSP, and to deliver additional SSP subscriptions.

Sharing for Fraud Prevention, Safety and Security Purposes. We will share personal information with companies, organizations, or individuals outside of Licensor if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to detect, prevent, or otherwise address fraud, security, or technical issues, as well as to protect against harm to the rights, property or safety of Licensor and our employees, our users, children, or the public as required or permitted by law.

5. Disclosure of the LPIA

Mergers and Acquisitions. Circumstances may arise where for business reasons, Licensor decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is Licensor’s practice to seek appropriate protection for LPIA in these types of transactions.

Disclosure to Governmental Authorities. Under certain circumstances, LPIA may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders.

6. Information Security

Commitment to Online Security. Licensor employs physical, electronic, and managerial procedures to safeguard the security and integrity of LPIA. Billing and payment data is encrypted whenever transmitted or received online. LPIA is accessible only by staff designated to handle online requests or complaints.

No Liability for Acts of Third Parties. The Licensor will exercise all reasonable efforts to safeguard the confidentiality of LPIA. However, transmissions protected by industry-standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, Licensor shall not be liable for unauthorized disclosure of LPIA due to no fault of Licensor including, but not limited to, errors in the transmission of data to and from the SSP portal and unauthorized acts of Licensee and/or third parties.

7. Privacy Policy Changes and Opt-Out Rights

Changes to Privacy Policy. This privacy notice was last updated on November 29, 2021. Licensor reserves the right to change or update its privacy policy statement at any time. Notice of such change or notice of any material change will be posted on the SSP page for Licensee password entry and access thirty (30) days prior to the implementation of such change. [There are two buttons at the end of Licensor’s notice of the change (1) an “Get started” box, and (2) an “Skip” button. If the customer does not mark the “Skip” button customer will {be deemed to} have accepted Licensor’s privacy policy updates.]

8. Access Rights to Data

Information Maintained by Licensee. Upon Licensee’s request, Licensor will provide a reasonable description of Project Data that Licensor maintains on SSP. Licensors can be contacted by e-mail, telephone, or postal mail to provide the requested information.

Corrections and Changes to Personal Information. If LPIA changes, or if Licensee notes an error upon review of LPIA that Licensor has on file, it should promptly e-mail Licensor and provide the new or correct information.

9. Accountability

Terms of Use. If Licensee chooses to subscribe to SSP, its action is hereby deemed acceptance of Licensor practices described in this Privacy Policy statement. Any dispute over privacy between Licensee and Licensor is subject to the provisions of this Statement of Privacy Policy and to the previously executed Service Agreement between the parties.

Updated on February 14, 2022

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