Effective Date: November 20, 2019

This Privacy Policy (“Policy”) describes how Climate Positive Design, LLC(“CPD” or “we” or “our”) treats information collected or provided in connection with an end user’s (“you” or “user”) visit to or use of our website (the “Site”) and CPD’s products and services (the “Services“). Your use of the Site constitutes your acceptance of and consent to this Policy. When you sign up to use the Services, you also consent to receive electronic notices and disclosures, as set forth in Section 5 below.

CPD reserves the right to change this Policy at any time. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes.

This Policy seeks to answer questions you may have about the Services and CPD’s information practices. Please contact us if you have other questions.

Information Provided Directly To Us

We may collect information you provide directly through the Site and the use of our Services. For example, we may collect your name, email address, phone number, custom password or other contact information when you create an account or access CPD content available through the Services such as whitepapers, videos, webinars, and other materials, or request additional information about CPD or the Services. CPD may also collect payment information, including credit card and/or bank account information and billing address, if fees are charged (but please note that we do not store the credit card or bank account numbers you may use to make payments for Services. That information, if collected, is passed on to a third-party payment processor, which will have its own privacy policy).

Automatically Collected Information

When you visit the Site or use the Services, we may also automatically gather technical and usage information, which may be associated with your user account. This technical and usage information (“Technical Information”) may include information about when, how often and for how long you use the Services; it may also include server log data such as a computer’s IP address, browser type, device type, operating system and version or the webpage you were visiting before you came to the Services.

Technical Information also includes “Cookies,” which are small text files containing a string of alphanumeric characters that are downloaded by your web browser when you visit a website. Like many online services, we may use both session cookies and persistent cookies when you access the Site and use the Services. Cookies are used to remember your user account information and your preferences, to customize the Services for you and to assist us in measuring and analyzing use of the Services. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. Persistent cookies can be removed. Please review your web browser’s documentation to learn the best way to modify your cookie settings. We may also engage third-party web analytics service providers (including providers like Google Analytics) to assist us in our business; those third-party analytics providers may use cookies to collect and deliver to us the data analytics that we have requested.

CPD uses the information it maintains about you (including information you provide):

• For the purposes for which you provided it;
• To create your account and enable you to use the Services;
• To verify your identity;
• To provide the features and functionality of the Services;
• For customer support and to respond to your inquiries;
• To respond to and fulfill your requests;
• With your consent, to contact you by text message regarding your account and certain services or information you have requested;
• To improve, develop and enhance the Services and other products and services that CPD may offer in the future;
• To provide you with additional information regarding products and services from CPD and its affiliates or CPD’s business partners that may be of interest to you;
• For internal record-keeping and legal purposes;
• To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing; and
• To resolve disputes, to protect ourselves and other users and to enforce any legal terms that govern your use of the Site and the Services.

We may share information we collect from and maintain about you as follows:

• Service Providers. We may provide access to your information to select third parties who perform services on our behalf.
• Affiliates and Partners. We may share information with our affiliates and partners for uses not inconsistent with this Policy.
• Legal Requirements. We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so or in other circumstances where we believe is necessary to protect the rights or property of CPD, our users or third parties.
• De-identified, Masked and Aggregated Information. We may share de-identified, masked and aggregated information with third parties, including without limitation: (1) sharing information about our user base and its interests and usage patterns; and (2) providing information to affiliates and partners to execute our business arrangements and implement our business strategies, including jointly to offer products or services to you or create interoperability between our products and services and those of our affiliates and partners.
• Consent. We may disclose information to unaffiliated third parties based on your consent to do so.
• Business Transfer. In the event of a merger, sale, reorganization, change of control, consolidation or similar transaction involving CPD, or in contemplation of such a transaction (including due diligence undertaken in connection with any of those potential transactions), we may provide access to the information we possess and we may transfer that information to the acquiring entity.

You can request deletion of information in CPD’s control by contacting CPD as set forth at the end of this Policy. Our policy is to retain personally identifiable information only as long as reasonably necessary to provide the Services or as otherwise required for legal compliance purposes. For example, we may retain information, including from closed accounts, in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with investigations of any user, enforce our Terms of Use, and for any other purposes otherwise permitted by law that we deem necessary in our sole discretion.

Yes. The Services are offered through the Site, CPD’s mobile site and our mobile “app.” To obtain Services from us, you must create an online account and (1) be able to access Services on a computer or other device that is capable of accessing the Internet, (2) have an active email account and (3) consent to our use of the Site, our mobile app or email to provide you any written information that we may be required to send you in connection with access to our Site or the use of our Services or your account.

Your Consent to Electronic Disclosures

By creating an account, you acknowledge and agree:

• you can access and read information we post on our Site or on our mobile app;
• to provide an email address that is active and effective for receiving emails from us;
• to receive electronically on our Site, our mobile app or through email the notices and disclosures required by law related to your account, the Site and the Services; and
• you have received the following disclosures as required by the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”).

Please read this Federal ESIGN disclosure and consent carefully and keep a copy for your records. Your consent is voluntary, but we cannot provide the Services to you if you do not consent. If you are unwilling to receive these disclosures and notices electronically, you may terminate the creation of your account by closing your browser at any time before you create an account and/or authorize a background check.

Scope of Communications to Be Provided in Electronic Form

Your consent to receive electronic communications and transactions includes, but is not limited to, all legal and regulatory notices or disclosures and communications associated with your account, the Services and any product or service we agree to provide you (each, a “Communication”).

Method of Providing Communications to You in Electronic Form

All Communications that we provide to you in electronic form will be provided either (1) through email, (2) by making it available online and accessible through your account portal or (3) by requesting you download a PDF file containing the Communication.

How to Withdraw Consent

You may at any time withdraw your consent to receive Communications in electronic form. To begin receiving Communications in paper form, please contact us at the following address: climatepositivedesign@gmail.com. Please specify the information you wish to receive in paper form. Be sure to state that you are requesting a copy of the disclosures, notices, etc., and include your name and mailing address. Your request will apply only to those specific items you designate. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

How to Update Your Records

It is your responsibility to provide us with true, accurate and complete email address, contact and other information related to your account and to maintain and update promptly any changes in this information. You can update information (such as your email address) through your account portal. If you give us an incorrect email address or fail to update or correct your email address, an electronic Communication will be deemed provided to you if we use the email address in our records for the electronic Communication.

No. The Services may contain links to third-party websites, but this Policy does not apply to information that you may provide to or that may be collected by third parties. We encourage you to review those third parties’ privacy policies and terms and conditions before engaging with them.

Online Tracking and Cookies. Like many websites, the Services do not currently respond to “do not track” browser headers. But you can take steps to limit tracking by erasing cookies from your computer’s hard drive and by setting your browser to block all cookies or warn you before a cookie is stored. If you disable cookies, you may be prevented from taking full advantage of the Services because they may not function properly without cookies.

Promotional Emails.  Subject to any restrictions under applicable laws, we may send periodic promotional or informational emails to you. You may opt-out of those forms of communication by clicking unsubscribe in the email. Please note that it may take up to ten business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.

CPD maintains safeguards to help protect the security of information we maintain about you. We may use encryption, passwords and physical security measures to help protect your information against unauthorized access and disclosure. However, no security measures are 100% effective and we cannot guarantee your information will not be collected, disclosed or used by others. You should take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing an effective password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. CPD is not responsible for the unauthorized use of your information or for any lost, stolen or compromised passwords or for any activity on your account as the result of unauthorized password activity.

WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION OR TECHNICAL INFORMATION.

CPD uses servers located inside and potentially outside the United States. CPD may also use partners or affiliates located in other countries outside of the United States to store and process your information. By using the Site and our Services, you consent to the transfer of information outside of the United States or your particular country of residence, even if your country has more rigorous data protection standards.

You must be 18 years of age or older to use the Services. If you are a parent or guardian and believe that your child under the age of 13 has provided personally identifiable information to us through the Site or the Services, please contact us. If we discover that an individual under 13 has provided us with personal information, we will take steps to delete the account and any personally identifiable information to the extent required by applicable law.

If you have any questions, concerns or complaints about this Policy or CPD’s handling of your personal information, or if you would like to access or update personal information that is not available through the account portal, please contact us at climatepositivedesign@gmail.com.

Additional Information for European Users

European Union data protection laws make a distinction between organizations that process personal data for their own purposes (known as “data controllers”) and organizations that process personal data on behalf of other organizations (known as “data processors”)

Under applicable law, CPD is considered the “data controller” of the personal data we handle under this Policy. We retain the personal data for as long as necessary to provide the Services or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.

Our legal grounds for using personal data are as follows:

• Contractual Commitments: We may use, share or disclose information to honor our contractual commitments to you.
• With Your Consent: Where required by law, and in some other cases, we use, share or disclose information on the basis of your consent.
• Legitimate Interests: In many cases, we use, share or disclose information that furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, analyzing and improving our business, providing security for our Services, preventing fraud and managing legal issues.
• Legal Compliance: We sometimes need to use, share and disclose information to comply with our legal obligations.
• Your Legal Rights Under Local Law:
  Your local laws (e.g., laws of the E.U.) may permit you to request that we:
  • provide access to or a copy of information we hold about you;
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling);
  • update information which is out of date or incorrect;
  • delete information that we are holding about you;
  • restrict the way that we process and disclose your information;
  • transfer your information to a third party provider of services; and
  • revoke your consent for the processing of your information.

Some information, however, may be exempt from those requests, including circumstances when we need to process your information for our legitimate interests or to comply with a legal obligation. We may also request that you provide us with information necessary to confirm your identity before responding to your request.

You have the right to lodge a complaint with the relevant supervisory authority regarding the treatment of your information. However, we encourage you to contact us first.

As described above, CPD uses servers located inside and potentially outside the United States. CPD may also use partners or affiliates located in countries outside of the United States to store and process your information. If we provide any information about you to any non-EU third party information processors, we will take reasonable measures to ensure that those companies protect your information adequately in accordance with this Policy and applicable law.