Privacy Policy

INTRODUCTION

This Privacy Policy (“Policy”) applies to personal information collected by Otto Ladder Safety Inc., (“Company,” “we,” “us,” or “our”) in connection with your access and use of:

• the Company’s mobile device digital inspection tool and the Company’s online data analytics portal (together, the “Otto System”); and
• The websites owned and operated by Company (“Websites” and together with the Otto System, the “Services”)
  
  

The Otto System may have been licensed by You, your employer, or to a third party that has engaged you to perform services as a contractor or subcontractor (“End User,” “you,” “your”) in connection with the lease, purchase, operation, or monitoring the use of technology-enabled ladders (the “Smart Ladders”).

This Policy is incorporated into and made part of the Otto Data Analytics Portal and Website Terms of Use and Digital Inspection Tool End User License Agreement or other services agreement (collectively, the “Agreements”). In the event of a conflict between this Policy and the Agreements, the more stringent provision shall govern to the extent required by applicable law.

Children’s and Minors’ Data

Our Services are not intended for, and we do not knowingly collect any personal information from, children under the age of 18. If we learn we have collected or received personal information from a child under 18 years old without verification of parental consent, we will delete that information.

SCOPE OF THIS POLICY

This Policy describes how we collect, use, disclose, and process personal information relating to:

• Your use of the Otto System;
• our former, current and prospective customers and their former, current, and prospective employees, consultants, and contractors;
• individuals whose personal information we receive in providing or administering the Services;
• users of the Smart Ladders; and
• individuals who pre-register interest in renting ladders.
  
  

Our collection, use and disclosure, and processing of personal information about individuals will vary depending upon the circumstances.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT

“Personal information” is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, telephone number, home address, or payment information (for example, account information such as name, postal address, and email address), or any other identifier we may use to contact you online or offline.

When you use the Services, we may collect the following categories of personal information from or about you to provide better Services:

• identifiers such as name, company name, business address, jobsite address (if applicable), email address, and phone number;
• commercial information such as, ladder rental records (including rental start date, rental end date, and number of ladders rented) and subscription status and related account records;
• internet or other electronic network activity information including, but not limited to, browsing history, operating system, browser type, and information regarding your interaction with an internet website, application, or advertisement;
• location information, including general geographic location such as country, state or province, or city and precise geolocation, if you have consented to location information collection; and
• payment information such as credit card and other related information required to process subscription payments through third-party payment processors.
  
  

Some of the information identified above, including precise geolocation information, may be considered sensitive information under certain laws. If required under applicable law, we will collect and process sensitive personal information only with your consent. If you choose not to provide or allow us to collect some information, we may not be able to provide you with the Services.

We also collect:

• Statistics or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Services feature.
• Technical information. Technical information includes information about your internet connection and usage details about your interactions with the Services, such as clickstream information to, through, and from our Services (including date and time), products that you view or search for; page response times, download errors, length of your visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from a page.
  
  

If we combine or connect non-personal statistical or technical data with personal information so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

CATEGORIES OF SOURCES OF PERSONAL INFORMATION

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect information that may include personal information. Information collected automatically may include usage details, IP addresses, operating system, and browser type, and information collected through cookies, web beacons, and other tracking technologies.

We collect personal information from the following sources:

• Log Information: information about your use of or access to the Services, including your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from Us, internet service provider, date/time stamp, operating system, locale and language preferences, and system configuration information.
• Device Information: We collect information about the Smart Ladder, computer, or mobile device you use to access the Services, including the hardware model, operating system and version, and unique device identifiers.
• Information Collected by Cookies: We may use cookies (as described below) to automatically collect personal information. The information we obtain in this manner enables us to customize the Services we offer, to help us improve the Services and your experience while using the Services.
  
  

The technologies we may use for automatic information collection include:

• Cookies: When you use the Services, we may assign your device one or more cookies to facilitate access to the Services and to personalize your experience and improve our Services. Through the use of a cookie, we also may automatically collect information about your online activity on or connected with the Services. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our System.
  • A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time.
    
    

HOW WE USE INFORMATION WE COLLECT

We use personal information for legitimate business purposes, including:

• provide you with the Services and any contents, features, information, products, or services that we make available through the Services;
• fulfill and manage subscriptions, purchases, orders, and payments;
• fulfill any other purpose for which you provide personal information;
• provide you with notices about your account/subscription, including expiration and renewal notices;
• improve our Services, including by analyzing your information and creating aggregated data derived from your information to develop, maintain, analyze, improve, optimize, measure, and report on our Services and the Smart Ladders and how users interact with them;
• carry out our obligations and enforce our rights arising from any contracts entered into between you and Us, including for billing and collection;
• notify you when Services updates are available and about changes to any products or services we offer or provide through them;
• administer and manage enterprise or employer-sponsored accounts, including where your employer or another organization has contracted with us to provide the Services to You;
• provide your employer or contracting organization with access to personal information and usage information associated with your account, as necessary for account administration, reporting, compliance, security, billing verification, or other legitimate business purposes; and
• for any other purpose with your consent.
  
  

We do not:

• sell personal information;
• share personal information for cross-context behavioral advertising;
• use automated decision-making that produces legal or similarly significant effects; or
• use personal information for targeted advertising.
  
  

HOW WE DISCLOSE PERSONAL INFORMATION

The specific circumstances under which we may share your personal information will vary based on the information you provide and your use of the Services. Although we do not “share” or “sell” personal information to third parties as defined by applicable United States privacy laws in exchange for monetary or other forms of compensation from such third parties, we do disclose or make available personal information to third parties as necessary to provide or improve the Services. In certain circumstances, we may disclose certain Smart Ladder usage information to enterprise End-Users that have contracted with us to provide you with access to the Services. Such disclosures may allow those enterprise End-Users to associate Smart Ladder usage activity with specific employees or contractors.

We may also disclose your personal information to: (i) our cloud and other service providers and vendors and consultants that perform certain services on our behalf; (ii) account servicing systems; (iii) word processing applications; (iv) communication applications, and calendar providers; (v) governmental and regulatory and law enforcement agencies; (vi) advisors such as lawyers, accountants, auditors, banks, lenders, insurers, and consultants; (vii) data analytics, network monitoring services, incident response providers; (viii) insurance and benefits providers; and (ix) marketing providers. In certain circumstances, End-Users may use de-identified data in a manner that allows them to associate activity with specific employees and contractors.

We may also disclose any of your personal information for the following legitimate business circumstances:

• for legal reasons (e.g., to prevent crime or fraud, or to comply with a court order or legislation);
• to enforce our Agreements;
• when you provide us with your consent to share your information with third parties; and
• in connection with, or during negotiations of, a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
  
  

We attempt to notify our users about legal demands for their personal information when appropriate in our judgment unless prohibited by law or court order or when the request requires expedited attention. We may dispute such demands when we believe, at our discretion, that the requests are overbroad, vague or lack proper authority.

AGGREGATED AND DE-IDENTIFIED DATA

We may de-identify personal information and create anonymous and aggregated data sets derived from Smart Ladder usage information in order to provide, assess, improve, and develop products and the Services. In addition, we may disclose, license, or sell such de-identified and aggregated data to third parties for research, analytics, benchmarking, product development, industry reporting, marketing insights, and other lawful business purposes. When we de-identify personal information, we have implemented reasonable measures as required by law to ensure that the de-identified data cannot be associated with any individual. We will only maintain and use such data in a de-identified manner and do not attempt to re-identify the data, except as permitted by law. To the extent required by law, if we disclose or sell de-identified data to any other party, we will require them to: (a) take reasonable measures to ensure that the de-identified data cannot be associated with any individual, (b) publicly commit to maintain and use the de-identified data only in a de-identified form, and not attempt to re-identify the data; and (c) contractually obligate any further recipients of the de-identified data to comply with these same requirements.

OUR RETENTION OF YOUR PERSONAL INFORMATION

We keep the categories of personal information described in this Policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required, such as maintaining the Services, operating our organization, complying with our legal obligations, resolving disputes, and for safety, security, and fraud prevention. This means that we consider our legal and business obligations, potential risks of harm, and nature of the information when deciding how long to retain personal data. At the end of the retention period, personal data will be deleted, destroyed, or deidentified. End-Users or administrators can request deletion of specific records or profiles in the manner specified in the “CONTACT US” section below.

YOUR PRIVACY RIGHTS

We are committed to your right to privacy, and you have certain rights concerning your personal information. If you wish to exercise any of the rights listed below, please do so by following the instructions in the “CONTACT US” section below. Only You, or a person registered or authorized to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

Your rights concerning Your personal information include:

• the right to confirm whether we are processing your personal information and to access your personal information;
• the right to know:

• • The categories of personal information we collected about you and the categories of sources from which we collected such personal information;
  • The specific pieces of personal information we collected about you;
  • The categories of personal information about you that we have shared or disclosed (if applicable) and the categories of third parties with whom we shared such personal information;
  • The business or commercial purpose for collecting or sharing (if applicable) personal information about you; and

• the right to 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;
• the right to delete personal information provided by, or obtained about, You;

• if the personal information is available in a digital format, the right to obtain a copy of your personal information that you previously provided to Us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance;
• the right to opt-out of the processing of your personal information for purposes of:
  • targeted advertising;
  • the sharing or selling of your personal information; and
  • profiling in furtherance of a decision that produces a legal or similarly significant effect concerning You; or
• the right to opt-in or opt-out of the processing of your sensitive personal information as that term is defined by applicable United States privacy laws; and
• the right to non-discrimination for exercising your Privacy Rights.
  
  

SECURITY

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal information from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal information transmitted to, through, using, or in connection with the Services. In particular, email and chats sent to or from the Services may not be secure, and you should carefully decide what information you send to Us via such communications channels. Any transmission of personal information is at your own risk.

The safety and security of your information also depends on You. You are responsible for taking steps to protect your personal information against unauthorized use, disclosure, and access.

THIRD-PARTY LINKS

The System may contain links to websites operated by our Smart Ladder rental and manufacturing partners. We are not responsible for the privacy practices of third-party websites.

CHANGES TO THIS POLICY

We reserve the right to amend this Policy at our discretion. When changes are made, we will post the updated Policy on our Website and update the effective date.

Continued use of the System after changes are posted constitutes acceptance of the revised Policy.

CONTACT US

If you have questions about this Policy or wish to exercise your privacy rights, please contact: [email protected]