TRACTEBEL DIGITAL PRIVACY POLICY

Last updated: 7th March 2022

1. Introduction

Tractebel Digital is a platform aiming at presenting all the digital solutions and services offered by the Tractebel Group Worldwide. Tractebel Digital Privacy Policy (the or this “Privacy policy”) describes the privacy practices of Tractebel’s apps and websites. We respect the privacy of individuals and are committed to handling personal information responsibly and in accordance with applicable law. This Privacy policy sets out the personal information that we collect and process about you, the purposes of the processing and the rights that you have in connection with this Policy. If you are in any doubt regarding the applicable standards, or have any comments or questions about this Notice, please contact us at the contact details in Section 14 below.

Your relationship is with Tractebel Engineering SA, whose registered office is located at Boulevard Simon Bolivar 34-36, 1000 Brussels, and registered at the BCE under number 0412.639.681 (Tractebel), which is the controller with regard to your personal information collected by Tractebel and the laws of Belgium apply.

Please note that in order to use our apps and websites, you authorize Tractebel to transfer your personal information across national borders and to other countries where Tractebel and its partners operate, including the United States.

The privacy protections and rights of authorities to access your information in these countries may not be equivalent to those in your country. We will only transfer your personal information to these countries where permitted to do so by law and we will take steps intended to ensure that your personal information continues to receive appropriate protections.

If the content or information that you store on Tractebel apps or websites contains personal information of other individuals, you must be legally permitted to share the personal information with Tractebel.

Our apps and websites may include links to other websites or organizations over which we have no control. Tractebel is not responsible for the privacy policies or practices of other websites or organizations. If you access these websites via our Sites, you should review the privacy policies of those sites so you can understand how they collect, use and share your personal data.

2. Summary of Key Points

• Where your consent is required, we will obtain your permission before (i) sending you news and promotional material about Tractebel; (ii) accessing information stored on your device relating to your use of, and engagement with, websites and apps and crash reports; and (iii) using automated systems to analyze your content. You can withdraw your consent to such activities at any time.
• This policy explains when we process personal information for our legitimate interests. You can ask us to stop processing this information.
• We use your personal information to enable you to register with Tractebel and to provide you with our websites and apps, and other products or services that you request.
• We provide interactive features that engage with social media sites, such as Facebook. If you use these features, these sites will send us personal information about you.
• We use cookies and other technologies to track the use of our websites and apps. You can choose not to allow cookies. If you are using our website in a browser, this information is also available in our Cookies Policy.
• We transfer your personal information to Belgium or the US, which may be outside the country in which you live. We use European Commission approved contract clauses and Privacy Shield to help protect your personal information.

3. What we’ve done to prepare for GDPR?

We’ve developed GDPR features and tools to help you manage your data, identify and label data types that are actionable under a GDPR access or delete request and execute requests through multiple paths.

We’re protecting data entrusted to us with multiple processes and controls that also comply with security certifications, standards and regulations.

We use European Commission approved contract clauses and Privacy Shield to help protect your personal information.

We’re documenting our privacy practices to comply with enhanced record-keeping requirements.

We have a Chief Privacy Officer, EU Data Protection Officer and a dedicated privacy team.

We’ve updated Tractebel’s Data Processing Agreement to account for GDPR requirements.

The Customer is aware that the use and processing of personal data within the meaning of the applicable domestic and/or foreign data protection legislation, in particular and as far as applicable the EU General Data Protection Regulation (“EU-GDPR”) may require the prior consent of the affected persons and/or the registration of the relevant database with a domestic or foreign authority. TRACTEBEL is, as far as applicable, fully compliant with the regulations of the EU-GDPR (tractebel.com/en/gdpr).

If Tractebel acts as the data processor, TRACTEBEL shall process the Customer data solely on behalf of and/or according to the instructions of the Customer. The processed data is used to provide the Tool and is handled in accordance with TRACTEBEL‘s Privacy Policy (tractebel.com/en/privacy). The Customer remains responsible for the lawfulness of the collection, processing and use of the Customer data in accordance with the applicable legal regulations, in particular pursuant to EU-GDPR. Therefore, Tractebel provides the Customer with the opportunity to sign a Data Processing Addendum (“DPA”), which then forms an integral part of the contractual relationship between TRACTEBEL and the Customer. The DPA can be downloaded here.

In any case, Tractebel shall only transfer personal data to, or otherwise make personal data accessible, in the European Economic Area or in other countries recognized as providing an adequate level of protection for the purpose of Data Protection laws. For transfers to other countries not offering an adequate level of data protection according to a decision of the European Commission, the Parties agree on the European Commission’s Standard Contractual Clauses, which shall become part of this Agreement, unless other legal appropriate safeguards would legitimize the international data transfer between them.

4. What does this privacy policy cover?

This privacy policy describes how Tractebel (also referred to as “we,” “us” or “our”) will make use of your information in the context of:

• Tractebel websites, web-based services and web-based aspects of the cloud.
• Desktop apps and mobile apps (both referred to as “apps”) that include a reference to this policy; and
• Tractebel’s marketing, sales and advertising practices.

Additional privacy-related information is provided for certain Tractebel apps and websites: Insérer la liste des applications concernées

5. What information does Tractebel collect about me?

5.1. ‘Tractebel’ ID, registration and customer support
When you register to use a Tractebel app or website, create an Tractebel ID or contact us for support or other offerings, Tractebel collects information that identifies you. This includes:
• First name,
• Last name,
• Date of birth;
• Company name;
• Company size,
• Job title,
• Job level,
• Industry,
• Email address;
• Telephone number;
• Address;
• Country;
• IP address;
• Mobile Device ID if applicable;
• Payment/billing information (where an app or website is ‘paid for’);
• Eligibility information if any;
• Types of apps and websites of interest; and
• Content of customer support communications.

To help keep our databases current and to provide you the most relevant content and experiences, we may combine information provided by you with information from third party sources, in accordance with applicable law. For example, the size, industry and other information about the company you work for (where you have provided company name) will be obtained from sources including, professional networking sites and information service providers.

We may also collect and receive information from third parties, including partners and from publicly accessible sources, for purposes that include 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 Tractebel and our employees, our users or the public.

5.2. Tractebel apps and websites

We collect information about how you use our apps and websites, including when you use a desktop app feature that takes you online. Depending on the app or website, this information may be associated with your device or browser, or it may be associated with your Tractebel account. It includes:

• IP address;
• Type of browser and device;
• Webpage that led you to a Tractebel website;
• Search terms entered into a search engine which lead you to a Tractebel website;
• Use and navigation of websites and apps (collected through cookies and similar technologies or by Tractebel servers when you are logged in to the app or website);
• Analysis of your content (e.g., documents, activity logs and direct feedback from you) which is sent or received using an online feature of a Tractebel app or website or which is stored on Tractebel servers.

5.3. Tractebel app activation and automatic updates

When you activate your Tractebel app or when you install updates to the app, we collect information about:

• your device (manufacturer, model, IP address);
• the Tractebel app (version, date of activation, successful and unsuccessful updates);
• your product serial number (where this is required before you can start using your product).

5.4. Tractebel emails

Emails we send you may include a technology that tells Tractebel whether you have received or opened the email or clicked a link in the email. If you do not want us to collect this information, you can opt out of receiving Tractebel marketing emails.

5.5. Tractebel online advertising

Tractebel advertises online in a variety of ways, including displaying Tractebel ads to you on other companies’ websites and apps and on social media platforms, such as Facebook and LinkedIn. Tractebel websites use cookies and similar technologies provided by our own company and other companies that allow us to gather additional information to measure and improve the effectiveness of our advertising. We collect information such as:

• Which ads are displayed;
• Which ads are clicked; and
• Where the ad was displayed.

5.6. Buttons, tools and content from other companies

Tractebel apps and websites may include buttons, tools or content that link to other companies’ services (for example, a Facebook “Like” button). We may collect information about your use of these features, such as content “liked” and address information in Google Maps. In addition, when you see or interact with these buttons, tools or content or view an Tractebel web page or app containing them, some information from your browser may automatically be sent to the other company.

Tractebel websites may implement Google CAPTCHA Enterprise to help prevent spam and abuse. CAPTCHA Enterprise collects hardware and software information, such as device and application data and sends it to Google for purposes of providing, maintaining and improving CAPTCHA Enterprise and for general security purposes. This information is not used by Google for personalized advertising. Your use of CAPTCHA Enterprise is subject to Google’s Privacy Policy and Terms of Use (citer).

5.7. Tractebel social networking pages and social sign-on services

You can sign in to some Tractebel apps or websites using a social networking account, such as a Facebook account. Where you give appropriate permissions, we will receive information about you from your social networking account, such as name, location and basic demographic information.

Tractebel has its own pages on many social networking sites. We will collect information which you have made publicly available on your social networking account, such as name and interests in our products and services, when you interact with our social networking pages. The social networking sites may provide statistics and insights to Tractebel which help us to understand the types of actions that people take on our pages.

5.8. Tractebel acting on your behalf

In certain instances, Tractebel is acting only on your behalf for personal information collected and processed by our services. In such cases, Tractebel is acting only on your instructions in order to facilitate the service requested by you and you will be responsible for the information shared. In these instances, we will inform you through in-app notifications or other in-time communications.

6. How does Tractebel use the information it collects about me and what are the legal bases for these uses?

We will only use such Personal Information for the purposes of providing information which you have requested, fulfilling business transactions, or for other purposes set out in this Policy. We do not collect sensitive information such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, or data concerning health or sexual orientation.

We process the personal data we collect in relation to our Websites ans apps for the following purposes/legal bases:

6.1. To fulfil a contract or take steps linked to a contract: this is relevant where you register to use an Tractebel app or website (whether paid or as a free trial).

This includes:

• Providing you with the Tractebel websites and apps for which you have registered and any other services or products that you have requested;
• Verifying your identity;
• Processing payments;
• Sending you necessary communications (for example, related to payments or expiration of your subscription); and
• Providing customer service or support.

You may provide Personal Information to Tractebel through our “registration” page, by processing orders in order to use SaaS products/services which run on Tractebel’s SaaS platforms. We process Personal Information through Tractebel’s global IT systems, which include tools and systems that help us to administer customer accounts, orders and business transactions and share information across Tractebel systems, and with related corporate entities, as described in Section 10 below. This includes transferring Personal Information to our servers in the US (see also Section 9 below). We may host these servers or utilize third party servers and applications, but in either case will be responsible for the security access of Personal Information on the systems.

6.2. As required by Tractebel to conduct our business and pursue our legitimate interests.

This includes:
• Providing you with the Tractebel websites and apps for which you have registered and any other products and services you have requested;
• Diagnosing problems in our apps and websites;
• Detecting, preventing or otherwise addressing fraud, security or technical issues, as well as protecting against harm to the rights, property or safety of Tractebel, our users or the public;
• Investigating and responding to any comments or complaints that you may send us;
• Checking the validity of the sort code, account number and card number you submit if you use a credit or debit card for payment, in order to prevent payment fraud ;
• Sharing account information registered under a business email address with employers for account migration purposes;

We may also collect and use Personal Information when it is necessary for other legitimate purposes, such as to help us conduct our business more effectively and efficiently, for example, for general IT resourcing on a global level and information security/management.

Where we process your information based on legitimate interests, you can object to this processing in certain circumstances. In such cases, we will cease processing information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.

6.3. Where required, when you give Tractebel your consent or otherwise consistent with your active choices:

This includes:

• Sending you information about Tractebel products and services, special offers and similar information and sharing your information with third parties for their own marketing purposes;
• Placing cookies and using similar technologies on our websites, on our apps and in email communications, in accordance with our Cookies Policy and the information provided to you when those technologies are used;
• Analyzing your use and measuring effectiveness of our websites and apps to better understand how they are being used so we can improve them and engage and retain users;
• Analyzing your use of our websites and apps, your content and your interaction with our communications, to tailor and customize the website or app and marketing communications ;
• Accessing information stored on your device relating to your use of, and engagement with, websites and apps and crash reports;
• Accessing information stored on your device which you allow us to receive through device-based settings (e.g. documents) in order to provide certain functionality within our apps and websites; and
• Conducting surveys and market research about our customers, their interests, the effectiveness of our marketing campaigns and customer satisfaction.

We will use the information for the purposes which we explain at that time where we ask you for consent. Where we rely on consent to process information, you can withdraw your consent to such activities at any time.

We maintain records of any consents, preferences or other settings to enable us to comply with data protection law.

6.4. For legal reasons

This includes:
• Responding to requests by government or law enforcement authorities conducting an investigation.
• To detect, prevent or otherwise address fraud, security, potential illegal activities or technical issues and software piracy (e.g., to confirm that software is genuine and properly licensed), helping to protect you as well as Tractebel.

We may also process your personal data in connection with dispute resolution, legal claims, compliance, regulatory and such investigative purposes as we deem to be necessary (including disclosure of such information in connection with legal process or litigation).

7. Does Tractebel share my personal information?

7.1. Sharing with other Data Controllers

We will share your personal information within the Tractebel family of companies for the purposes identified above (see a list of Tractebel entities). Employees, contractors and agents of Tractebel may be given access to Personal Information which we collect, but their use will be limited to the performance of their duties and the reason for processing. Our employees, contractors and agents who have access to your Personal Information are required to keep that information confidential and are not permitted to use it for any other purposes. Tractebel data centers for the SaaS solutions are located in Belgium and the United States.

Tractebel will never sell, rent or disclose to unaffiliated third parties your Personal Information unless we have your permission or are required by law to do so. When we permit a third party to access Personal Information, we will implement appropriate measures to ensure the information is used in a manner consistent with this privacy Policy and that the security and confidentiality of the information is maintained.

We may disclose Personal Information to third parties, including:
• To comply with our legal obligations, regulation or contract, or to respond to an administrative or judicial process
• In response to lawful requests by public authorities (including for national security or law enforcement purposes)
• If necessary to exercise or defend against potential, threatened or actual litigation
• If necessary to protect the vital interests of another person
• In connection with the sale, assignment or other transfer of all or part of our business, or
• With your consent.
If you are using an email address that is associated with a business domain (e.g., yourname@businessname.com) to access Tractebel’s apps and websites or if you were invited to use the apps and websites by a business, we may provide your personal information to that business.

7.2. Sharing for Fraud Prevention, Safety and Security Purposes

We will share personal information with companies, organizations or individuals outside of Tractebel 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 Tractebel and our employees, our users, children or the public as required or permitted by law.

7.3. Sharing with Data Processors

We will also share your personal information with companies that help us to run our business by processing personal information on behalf of Tractebel for the purposes identified above. Such companies include providers of customer support services, payment processing services, fraud monitoring and prevention, email, social media and other marketing platforms and service providers and hosting services. We require these companies to protect your personal information consistent with this Privacy Policy.

The personal data are shared with the following Data Processors:
• Amazon Web Services (AWS) – Tractebel Digital is built using AWS cloud solutions. All data related to Tractebel Digital is stored on AWS.
• Salesforce
• WordPress

7.4. Other Information Sharing

Tractebel may also share your personal information:

• When you agree to the sharing;
• When we have a good faith belief that we are required to provide information in response to a subpoena, court order or other applicable law or legal process or to respond to an emergency involving the danger of death or serious bodily harm;
• If we merge with or are acquired by another company, your information will likely be disclosed to our advisers and any prospective purchaser’s advisers and will be one of the assets that is transferred to the new owner.

We may share or publish aggregate information that doesn’t specifically identify you, such as statistical information about visitors to our websites or statistical information about how customers use the Tractebel Cloud.

8. Is my personal information displayed anywhere on Tractebel’s websites or applications?

No, unless you want it. There may be several places within Tractebel’s websites and apps that allow you to post comments, upload document or submit content for others to see. Sometimes you can limit who can see what you share, but there are some places where what you share can be seen by the general public or other users of the app or website.

Please be careful when you share your personal information. Do not share anything you wouldn’t want publicly known unless you are sure you are posting it within an app or website that allows you to control who sees what you post. Please note that when you post messages on certain user forums on our websites and app, your email address or name and/or profile photo may be included and displayed with your message.

To remove content, you have shared on our websites and apps, please use the same app or website feature you used to share the content. If another user invites you to participate in shared viewing, editing or commenting of content, you may be able to delete your contributions, but usually the user who invited you has full control.

9. Is my personal information secure?

We work hard to protect your personal information. We employ administrative, technical and physical security controls where appropriate, such as encryption and strict contractual confidentiality obligations for employees and contractors.

10. Where does Tractebel store my personal information?

Your personal information and files are stored on Tractebel’s servers and the servers of companies we hire to provide services to us.

11. Does Tractebel transfer my personal information across national borders?

The main locations where we process your personal information are the US, but we also transfer personal information to all other countries in the world where our apps and other products or services are available. We carry out these transfers in compliance with applicable laws – for example, by putting data transfer agreements in place to help protect your personal information.

12. What rights have I got in respect of my personal information and how can I exercise these rights?

You have the right to ask us for a copy of your personal information; to correct, delete or restrict (stop any active) processing of your personal information; and to obtain the personal information you provide to us for a contract or with your consent in a structured, machine-readable format and to ask us to share (port) this information to another controller. In addition, you can object to the processing of your personal information in some circumstances (such as where we are using the information for direct marketing). These rights may be limited, for example, if you ask us to delete information which we are required by law to keep or which we need to defend claims against us.

More specifically, your rights are the following:

• Right to be informed
Tractebel is transparent by providing you any information relating to the processing of your Personal data via this privacy statement.

• Right to access
You have the right to request access to and receive details on the personal data Tractebel holds about you and to obtain a copy thereof.

• Right to rectification
If the personal data that Tractebel holds about you is inaccurate or incomplete, you have the right to ask us to update or rectify it.

• Right to be forgotten
Under certain circumstances (e.g. when the personal data are no longer necessary in relation to the purposes for which they were collected), employees have the right to request Tractebel to erase their personal data.

• Right to restrict processing
In some specific cases, you have the right to ask Tractebel to restrict how we process your personal data (e.g. when you contest the accuracy of the personal data, Tractebel will have to restrict the processing while verifying the accuracy of the personal data). This means Tractebel is only permitted to store the data but not further process it.

• Right to data portability
This right only applies to personal data that you have provided to Tractebel and when the processing is based on your consent or on the performance of a contract when the processing is carried out by automated means. Tractebel will provide your personal data in a structured, commonly used and machine-readable format to be able to transmit it to another controller, or have it directly transmitted by Tractebel if technically feasible.

• Right to object
Furthermore, you have the right to object to the processing of your personal data, on grounds relating to your particular situation, if the processing is based on legitimate interests of Tractebel or on a public interest. Tractebel will discontinue the processing of your personal data, unless we can demonstrate compelling legitimate grounds for the processing which override your interests or rights, or for the establishment, exercise or defence of legal claims.

Right to withdraw consent
Where your consent was required for the collection or use of your personal data, you have the right to withdraw your consent at any time. However, this withdrawal does not affect any processing operations previously carried out on the basis of your consent.

• Right to lodge a complaint
You have the right to lodge a complaint with a supervisory authority (in Belgium: “Gegevensbeschermingsautoriteit or Autorité de Protection des Données”) if you consider that the processing of your personal data infringes this Privacy Statement or the GDPR. For more information, please contact your local data protection authority (contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries are available here).

To exercise any of these rights (including deactivating your Tractebel ID account), you can get in touch with us – or our data protection officer – using the details set out below. Additionally, many of our websites and apps allow you to edit your personal information by accessing the “my account,” “my profile,” or a similar feature of the app or website you are using. Likewise, you can delete files or photos you have stored in our websites and apps by logging in and using the deletion functions that are available.

To register with Tractebel, to create an Tractebel ID and to use some Tractebel websites, apps, products or services, the provision of some information is mandatory: if relevant information is not provided, then we will not be able to administer an Tractebel account to you or provide you with the websites, apps, products or services requested. All other provision of your information is optional. Providing optional information will help us to offer you a better experience, such as more personalized or tailored content or offerings.

13. How long does Tractebel retain my information?

Personal Information will be retained no longer than necessary in relation to the business purposes for which such Personal Information is provided and to fulfill legal requirements.

When you register for an account and create an Tractebel ID, we process and keep most personal information we have about you for as long as you are an active user of our products, services or apps. When you close your account, we begin deleting certain personal information that we no longer have a business reason to retain, such as your hashed password and your tokenised payment account data. However, we typically retain personal information related to our contract and business transactions with you for ten years after your last interaction with us.

Where we process personal information for marketing purposes or with your consent, we process the information until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a permanent record of the fact that you have asked us not to send you direct marketing or to process your information so that we can respect your request in future.

14. Will this privacy policy change?

Occasionally, we may update this privacy policy to allow Tractebel to accommodate new technologies, industry practices, regulatory requirements or for other purposes. If we do, we will change the “last updated” date at the top of this policy and the revised policy will be posted to this page so that you are aware of the information we collect, how we use it and under what circumstances we may disclose it.

We will provide notice to you of these changes and, where required by applicable law, we will obtain your consent. Notice may be by email to you, by posting a notice of such changes on our apps and websites or by other means consistent with applicable law.

15. Who can I contact with questions or concerns?

If you have a privacy question, concern or request, please fill in a privacy enquiry form.

you may contact : privacy@tractebel.engie.com.