Badger Meter Global Privacy Policy

This Privacy Statement does not apply to our BEACON® SaaS, AquaCUE®, and EYEONWATER® metering analytics platforms. Those platforms are subject to the privacy statement located at https://beaconama.net/privacy.

We may modify this Privacy Statement at any time in our discretion. Material changes will be conspicuously posted on the Websites, at the top of this Statement or otherwise communicated to you. All changes will be effective immediately upon posting to the Websites.

IF YOU ARE A CALIFORNIA, COLORADO, CONNECTICUT, OR VIRGINIA RESIDENT, PLEASE SEE THE “YOUR STATE PRIVACY RIGHTS” SECTION BELOW FOR ADDITIONAL INFORMATION THAT APPLIES TO YOU.

IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR THE UNITED KINGDOM, PLEASE SEE THE SECTION “EEA, UK & SWISS PRIVACY RIGHTS” BELOW FOR ADDITIONAL TERMS THAT APPLY TO YOU.

IF YOU ARE A CANADIAN RESIDENT, PLEASE SEE THE “CANADIAN PRIVACY RIGHTS” SECTION BELOW FOR ADDITIONAL TERMS THAT APPLY TO YOU.

IF YOU ARE A RESIDENT OF MEXICO, PLEASE SEE THE “MEXICAN PRIVACY RIGHTS” SECTION BELOW FOR ADDITIONAL TERMS THAT APPLY TO YOU.

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I. WHAT IS PERSONAL INFORMATION?

For purposes of this Privacy Statement, “Personal Information” or “Personal Data” means information that alone or in combination identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

II. CATEGORIES OF PERSONAL INFORMATION WE COLLECT

We collect certain categories of Personal Information. The categories and a description of the types of data collected in each category are as follows:

III. SOURCES OF THE INFORMATION WE COLLECT AND THE PURPOSE FOR WHICH WE COLLECT IT

The charts below list the categories of Personal Information we may collect, as well as the sources we collect the information from, and the purpose(s) for such collection.

Information We Collect from You

We collect certain Personal Information from you directly or automatically using technology for the purposes described below.

INFORMATION WE COLLECT FROM THIRD PARTY SOURCES

We collect Personal Information from various third-party companies and public sources as described below.

When you use the Websites, Thomas.net may collect certain Personal Information and other information about you and your interactions with the Websites. Please see their Privacy Statement for more information.

Disclosing Personal Information

We may disclose your Personal Information as follows:

De-Identified / Aggregated Data

We may aggregate or de-identify Personal Information we collect through our Websites and when operating our business. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code. Once information or data has been de-identified and/or aggregated, such information is no longer Personal Information.  

Badger Meter may use or share such de-identified or aggregated data for any legal purpose as determined in its sole discretion.

Tools We Use and Your Choices

For more information about how we use cookies and other tracking technologies, and how you can exercise your choices regarding such technologies, please visit our Cookie Policy.

Children

The Websites are not directed at children under 16 years of age. We do not knowingly collect, use, share or sell Personal Information from children under 16. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

Data Security

We use reasonable physical, technical and organizational measures to help secure Personal Information against unauthorized access or acquisition appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.

Third-Party Websites

The Websites may link to, or be linked to, websites not owned or controlled by Badger Meter. Badger Meter is not responsible for the privacy policies or practices of any third parties or any third-party websites. This Privacy Statement does not apply to any third-party websites or to any Personal Information that you may provide to third parties. You should read the privacy policy for each website that you visit. For example, the shareholder website linked through our Websites, YouTube, Google Maps, and myworkdayjobs.com are all third-party websites not controlled by Badger Meter and not governed by this Privacy Statement.

YOUR STATE PRIVACY RIGHTS

The terms in this section are only applicable to residents of California, Colorado, Connecticut, and Virginia.   

Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, (together, the “CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), and the Virginia Consumer Data Privacy Act (“VDCPA”), residents of those states have additional rights with regard to their Personal Information. We have provided a summary of those rights below. In the event of a conflict between this Section and the remainder of this Privacy Statement, this Section shall take precedence for the applicable state residents.

Certain capitalized terms not defined in this Privacy Statement have the meanings set forth in the relevant Act described above.

Your State Consumer Privacy Rights

Right to Know or Access Your Personal Information

You have the right to confirm whether we are processing your Personal Information and to access such Personal Information.

Right to Request the Deletion of Personal Information

Depending on the state in which you live, you have the right to request that we delete Personal Information we have collected from or about you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law. 

Right to Correct Your Personal Information

You have the right to request that we correct your inaccurate or outdated Personal Information. If you request that we correct Personal Information about you, we will use commercially reasonable efforts to correct it. If necessary, we may ask that you provide documentation showing that the information we retained is inaccurate or outdated.

Right to Data Portability

You may request a copy of the Personal Information you previously provided to us in a portable, and, to the extent technically feasible, readily usable format.

Right to Non-Discrimination

California residents have the right to be treated in a non- discriminatory manner for exercising any of their rights under the CCPA.

Additional Information for California Residents

Access to Information

California residents have the right to access any of the following which occurred in the previous 12 months:

• The categories and specific pieces of Personal Information that we have collected from you;
• The categories of sources from which the Personal Information was collected;
• The categories of third parties to whom we have disclosed your Personal Information;
• The categories of Personal Information that we Sold/Shared or disclosed for a Business Purpose and the categories of third parties to whom it was disclosed for a Business Purpose; and
• The Business or Commercial Purpose for collecting, sharing, or selling your Personal Information.

Disclosing Information

During the past 12 months, we have disclosed the following categories of Personal Information for a Business Purpose:

• Identifiers
• Customer Records
• Commercial Information
• Internet Activity
• Sensory Information

Sharing Information

In the last 12 months we have not Sold your Personal Information to a third party for monetary compensation.  Our use of cookies and other technologies to deliver targeted advertising and for analytics purposes is consider the “Sharing” of Personal Information under certain state privacy laws. We may Share the following categories of Personal Information with third parties that provide us with targeted advertising or data analytics services.

• Identifiers
• Internet Activity

We Do Not Use or Disclose Sensitive Information

We do not use or disclose sensitive information, as defined in the CCPA.

Exercising Your Rights

Who May Exercise Your Rights. You may make a request to exercise your California privacy rights. A parent or legal guardian may make a request on behalf of their child. If you are a California resident, a person that you authorize to act on your behalf may submit requests to exercise your rights under the CCPA on your behalf. If you choose to use an authorized agent, you must (a) provide signed, written permission that authorizes the agent to submit requests on your behalf and (b) verify your identity directly with us or (c) directly confirm with us that you granted permission to the authorized agent to submit the request on your behalf. For clarity, you are required to verify the identity of both you and the authorized agent.

We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.

Verifiable Consumer Requests. To verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request. 

When we receive your request to exercise your rights: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including personal information, or to log into your existing account with us; (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc. 

We will only use Personal Information we collect during the verification process for the purpose of verifying your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why. 

Submitting Requests. To exercise your rights described in this Section, you may submit your request to us by contacting us at any of the following:

Badger Meter, Inc.
Legal Department
4545 W Brown Deer Road
P.O. Box 245036
Milwaukee, WI 53224
1-800-876-3837
https://www.badgermeter.com
legal@badgermeter.com

When We Will Respond. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your personal information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

Opting Out of the Sale of Sharing of Your Personal Information. 

You may opt out of our Sale or Sharing of your Personal Information for targeted advertising by:

• Emailing us at: legal@badgermeter.com
• Completing our webform at: Do Not Sell or Share My Personal Information

Additionally, you may opt-out by broadcasting an Opt Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

California Shine the Light

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by contacting us per the “Contact Us” Section below.

Additional Information for Colorado, Connecticut, and Virginia Residents: Appeal Process

If you disagree with our refusal to take action on your request to exercise your privacy rights, you have the right to ask us to reconsider. You must submit your request within 60 days of your receipt of our denial. You may submit your request to us by:

Badger Meter, Inc.
Legal Department
4545 W Brown Deer Road
P.O. Box 245036
Milwaukee, WI 53224
1-800-876-3837
https://www.badgermeter.com
legal@badgermeter.com

Once we receive your request, we will acknowledge and start processing your request. Within 60 days of receiving your request, we will inform you in writing of any action taken or not taken in response to your request, including a written explanation of the reasons for our decision.

EEA, UK & SWISS PRIVACY RIGHTS

The terms in this section are only applicable to those located in the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”).

The purpose of this Section is to provide information and additional provisions that apply to Badger Meter’s processing of Personal Data in accordance with the EU General Data Protection Regulation 2016/679 and the UK General Data Protection Regulation and the  Swiss Federal Data Protection Act (collectively referred to herein as the “GDPR”).  In the event of a conflict between this section and the remainder of the Privacy Statement, this section shall control for those persons located in the EU, Switzerland, or the UK. 

Legal Basis for Processing.   When Badger Meter processes your Personal Data, it has one of the following legal bases for doing so as required under GDPR:  (i) it has received your express opt-in consent for such processing, (ii) the processing is necessary for performance of a contract, (iii) the processing is necessary for a legal obligation to which Badger Meter is subject, (iv) the processing is necessary to protect the vital interests of the data subject, (v) the processing is necessary for a task carried out in the public interest, or (vi) if Badger Meter or a third party has a legitimate interest that is not overridden by the interests or fundamental rights and freedoms of the data subject. We have set out the purpose and legal bases for which we process Personal Data of residents of the EEA, Switzerland and the UK:

Right To Withdraw Consent.   In the event you provide your consent for us to process your Personal Data, you may withdraw your consent at any time by emailing legal@badgermeter.com to request such change at no additional cost.

Additional Privacy Rights. You also have the following privacy rights under GDPR:

• Right of access
• Right to rectification
• Right to erasure
• Right to restriction of processing
• Right to data portability
• Right to object

To exercise the above rights, please submit a request to legal@badgermeter.com or by contacting Nicholas Gemmell, EEA, UK & Swiss Data Protection Officer, at:

Email: ngemmell@badgermeter.com

Phone: +44(0) 791 790 5256

Post: Unit 1 & 2 Gatehead Business Park, Delph New Road, Delph,

Saddleworth, OL3 5DE United Kingdom

Marketing.  Badger Meter does not process Personal Data for the purpose of marketing without first obtaining your express, opt-in consent or having a legitimate interest for doing so.  You have the right to object to the processing of Personal Data for marketing purposes at any time by contacting us at legal@badgermeter.com.

Automated Decision Making.  Badger Meter does not make any automated decisions on your behalf or about you without first obtaining your express, opt-in consent.  In the event we secure your consent to do so, you have the right to object to the processing of Personal Data via automated decision making at any time by contacting us at legal@badgermeter.com.

Data Privacy Framework.

Badger Meter complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce.  Badger Meter has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of Personal Data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Badger Meter has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. DPF. Badger Meter remains responsible for any of your Personal Information that is shared under the Onward Transfer Principle with third parties for external processing on our behalf, as described in the “Disclosing Personal Information” section of this Privacy Statement.

If there is any conflict between the terms in this Privacy Statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Lodging a Complaint

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Badger Meter commits to resolve DPF Principles-related complaints about our collection and use of your Personal Data. EU, UK and Swiss individuals with inquiries or complaints regarding our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Badger Meter at:

Nicholas Gemmell, EEA, UK & Swiss Data Protection Officer

Email: ngemmell@badgermeter.com

Phone: +44(0) 791 790 5256

Post: Unit 1 & 2 Gatehead Business Park, Delph New Road, Delph,

Saddleworth, OL3 5DE United Kingdom

If we cannot resolve the conflict internally, in compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Badger Meter commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint.  The services of JAMS are provided at no cost to you.

The U.S. Federal Trade Commission has jurisdiction over Badger Meter’s compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

An individual may, under certain conditions, invoke binding arbitration. Please see ANNEX I for more information on conditions giving rise to binding arbitration.

CANADIAN PRIVACY RIGHTS

The terms in this section are only applicable to residents of Canada.

“Personal Information” means information about an identified or identifiable individual where such information can be linked to an individual either alone or in combination with other information (such as information contained in cookies).

Legal Disclosures and Lawful Requests. We, our service providers and affiliates may disclose your Personal Information (a) in response to a search warrant or other legally valid inquiry or order, (b) to another organization for the purposes of investigating a breach of an agreement or contravention of law, (c) for detecting, suppressing or preventing fraud, or (d) as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process.  This may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your Personal Information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

Interest-Based Advertising. For more information about interest-based advertising on your device, and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the DAAC, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices.

Translations.

This Privacy Statement may be provided in several language for the convenience of our customers and users of our Websites. In the event of conflict or inconsistency, the English language version of this Privacy Statement controls, unless otherwise required by applicable law. En cas de conflit ou d'incohérence, la version anglaise de cette politique de confidentialité contrôle, sauf si la loi applicable l'exige.

Your Rights and Choices

Under certain data protection laws, you may have certain rights relating to your Personal Information.  Accordingly, if required by applicable law and subject to any lawful exceptions, we will comply with any such requests by you to exercise those rights.  We may require you to prove your identity before we modify, provide, delete or transfer your Personal Information, which may require you to provide us with certain Personal Information. 

• Right of Access - You have the right to be informed of and request access to the Personal Information we process about you. This allows you to receive a copy of the Personal Information we hold about you.
• Right to Rectification - Under certain circumstances, you have the right to request that we amend or update inaccurate or incomplete Personal Information about you.
• Right to Erasure (Deletion) - Under certain circumstances, you have the right to request deletion of your Personal Information.
• Right to Restrict - Under certain circumstances, you have the right to request that we temporarily or permanently stop processing all or some of your Personal Information.
• Right to Object - Under certain circumstances, you have the right to object to Badger Meter's Processing of your Personal Information (including profiling) when it is based on our legitimate interests.
• Right to Data Portability - When we are processing your Personal Information based on consent or on a contract and the processing is carried out by automated means, you have the right to request a copy of your Personal Information in an electronic format and further request that we send such Personal Information to another party.
• Communication Preferences and Opt-Outs - You have the right to stop receiving marketing communications from us at any time by contacting infocentral@badgermeter.com.
• Right to Lodge a Complaint - You have the right to lodge a complaint with the applicable supervisory authority.

To exercise your rights described in this Privacy Statement, you may submit your request to us by contacting us using the information in the “Contact Us” section below.

In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected personal information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request. When we receive your request to exercise your rights under applicable law: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including personal information; (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc. 

We will only use personal information we collect during the verification process for the purpose of verifying your identity and fulfilling your request.  If you maintain an account with us, we may use that account to respond to your request and/or verify your identity.  If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why.

We will respond to your requests within the time period prescribed by applicable law. If we require additional time, we will inform you of the reason and extension period. 

MEXICAN PRIVACY RIGHTS

The terms in this section are only applicable to residents of Mexico.   In compliance with the Federal Law on Protection of Personal Data Held by Individuals (“LFPD”), we provide the following additional information regarding our privacy practices and your privacy rights.

You have the additional rights (i) to cancel your Personal Data when you deem it is not required for the purposes established in this Privacy Statement or that it is being used for unauthorized purposes, (ii) to oppose the processing of your Personal Data for certain specific purposes, and (iii) to file a complaint with the Federal Public Information Access Institute at www.ifai.org.mx. 

You may exercise rights (i) and (ii) through a written petition to us at the address below, accompanied by your email address and telephone number, and if applicable, specific details of the reasons for which a rectification, opposition or revocation of consent is requested.  We will respond to your petition within a reasonable amount of time and inform you of its outcome through the phone number and/or email address provided by you.

Contact Us

Please contact us as described below with any questions, comments or complaints:

Badger Meter, Inc.
Legal Department
4545 W Brown Deer Road
P.O. Box 245036
Milwaukee, WI 53224
1-800-876-3837
legal@badgermeter.com