Babcock & Wilcox Enterprises, Inc. (“B&W”) has created this privacy statement to demonstrate our commitment to privacy. B&W has many subsidiaries and affiliates worldwide, details of which can be found here. This privacy statement is issued on behalf of B&W and such affiliates and subsidiaries. So, when we mention “B&W”, “we”, “us” or “our” in this privacy statement, we are referring to the relevant company responsible for processing your data. Babcock & Wilcox Enterprises, Inc. is responsible for this website.
This privacy statement explains how we collect, use, share and protect your personal data through your use of this website, including any data you may provide to us through this website. B&W will process your personal data in a transparent and lawful way, and any personal data you provide when using this website will only be used in accordance with this privacy statement.
INFORMATION COLLECTED AND HOW IT IS USED
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include anonymous data where the identity has been removed.
We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:
- Contact Data includes information such as name, address, telephone number, and email address.
- Financial Data includes information such as bank account and payment card details.
- Technical Data includes information such as internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing materials from us and your communication preferences.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic data, and biometric data). Nor do we collect any information about criminal convictions and offenses.
We collect certain personal data, including your Contact Data and Financial Data, when you fill in forms on our website or correspond with us by mail, phone, email or otherwise. We collect this personal data to allow you to place inquiries and to request information, products, and services. We use this personal data to process and facilitate a response to such inquiries and requests, which may include sending you information about our company and contacting you when necessary. Also, we may disclose your personal data to B&W’s subsidiaries and affiliates for the purposes identified above.
As you interact with our websites, we may automatically collect Usage Data or Technical Data about your computer equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies, including through the use of third-party analytics providers. We may use your Technical Data and Usage Data to (i) help diagnose problems with our server and to administer and protect our business and this website, (ii) deliver relevant website content and advertisements to you, and (iii) use data analytics to improve our website, products/services, marketing, customer relationships and experiences.
We will only process your personal data in ways that are compatible with the purpose that we collected it for, or for purposes you later authorize. Before we use your personal data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out.
We maintain reasonable procedures to help ensure that your personal data is reliable for its intended use, accurate, complete, and current. However, we encourage you to keep your personal data up-to-date and inform us of any significant changes to your personal data. Please contact us as set forth below if there are any changes in your personal data.
LAWFULNESS OF PROCESSING
Our processing of your personal data will always be based on legitimate grounds, and we will only use your personal data when the law allows us to. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Most commonly, we will process your personal data based on the following legitimate grounds:
- Where we obtain your consent
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you. You have the right to withdraw consent to marketing communications at any time by contacting us as set forth below in this privacy statement.
- Where we need to perform a contract that we are about to enter into or have entered into with you
We may use your personal data (Contact Data and Financial Data) to process and deliver an order that you may have with us, or to collect and recover money owed to us.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
We may use your personal data, including Contact Data, Financial Data, Usage Data, Technical Data, and Marketing and Communications Data for our legitimate interests, which include (i) keeping our records updated, (ii) running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or restructuring exercise, (iii) studying how customers use our products/services, to develop our products/services, to grow our business and to inform our marketing strategy, and (iv) to define types of customers for our products and services and to keep our website updated.
- Where we need to comply with a legal or regulatory obligation
We may process your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the third parties set out below for the purposes set forth above in this privacy statement.
- B&W’s subsidiaries and affiliates.
- Third-party agents or service providers who perform functions on our behalf.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If such a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy statement.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party agents or service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
CROSS-BORDER TRANSFERS OF PERSONAL DATA
In sharing your personal data with the third parties described above, we may transfer your personal data outside of the country in which your personal data originates.
Specifically, with respect to personal data originating in the European Union (EU) or the United Kingdom (UK), we may transfer your personal data outside of the European Economic Area (EEA) or UK. Whenever we transfer your personal data originating in the EU out of the EEA or UK, where required by law or regulation, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the U.S., we may transfer data to them if they are part of the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and/or the UK Extension of the EU-U.S. DPF which require them to provide similar protection to personal data shared between the Europe and the U.S. For further details, see the section below regarding the EU-U.S. DPF and UK Extension of the EU-U.S. DPF.
EU-U.S. DPF and UK EXTENSTION OF THE EU-U.S. DPF
This section applies to personal data originating in the EU or UK, and sets forth the details with respect to B&W’s participation in the EU-U.S. DPF and UK Extension of the EU-U.S. DPF administered by the U.S. Department of Commerce. B&W’s EU-U.S. DPF anf UK Extension of the EU-U.S. DPF certification covers the following subsidiaries and affiliates in the U.S.: The Babcock & Wilcox Company; Babcock & Wilcox International, Inc.; Americon Equipment Services, Inc.; Delta Power Services, LLC.; Babcock & Wilcox SPIG, Inc.; Babcock & Wilcox Construction Co., LLC.; Diamond Power International, LLC; Americon, LLC.; Babcock & Wilcox Solar Energy, Inc.; and Optimus Industries, LLC.
B&W recognizes that the EU and UK have established strict protections regarding the handling of personal data originating in the EU or UK, including requirements to provide adequate protection for personal data transferred outside of the EU or UK. To provide adequate protection for personal data from EU or UK member countries received in the United States (U.S.), B&W has elected to self-certify to the EU-U.S. DPF and UK Extension of the EU-U.S. DPF. B&W, and its subsidiaries and affiliates in the U.S., adhere to the EU-U.S. DPF Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.
For purposes of enforcing compliance with the EU-U.S. DPF and UK Extension of the EU-U.S. DPF, B&W is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission (“FTC”). For more information about the EU-U.S. DPF and UK Extension of the EU-U.S. DPF, see the U.S. Department of Commerce's EU-U.S. DPF and UK Extension of the EU-U.S. DPF website located at: https://www.dataprivacyframework.gov. To review B&W's representation on the EU-U.S. DPF and UK Extension of the EU-U.S. DPF list, see the U.S. Department of Commerce's EU-U.S. DPF and UK Extension of the EU-U.S. DPF self-certification list located at: https://www.dataprivacyframework.gov/s/participant-search.
We may transfer personal data that we receive from the EU or UK to our third-party agents or service providers who perform functions on our behalf. Where required by the EU-U.S. DPF and UK Extension of the EU-U.S. DPF, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection that the EU-U.S. DPF and UK Extension of the EU-U.S. DPF require and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that our third-party agents and service providers process such personal data in accordance with our EU-U.S. DPF and UK Extension of the EU-U.S. DPF obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of personal data that we transfer to them.
You can contact us as set forth below with any questions or complaints about the use or disclosure of your personal data. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your personal data within 45 days of receiving your complaint. If your complaint regarding personal data that we receive from the EU or UK is not resolved through this process, you may report complaints to the FTC, the applicable EU Data Protection Authority (“DPA”) or UK Information Commissioner’s Office. By voluntarily certifying that it will comply with the the EU-U.S. DPF Principles, B&W has made itself subject to the dispute resolution, enforcement, and sanctioning powers of the FTC and has agreed to cooperate and comply with the applicable DPAs in regard to B&W’s processing of personal data that we receive from the EU or UK. Contact details for DPAs can be found at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. Contact details for the UK Information Commissioner’s Office can be found at: http://ico.org.uk/global/contact-us.
Under certain conditions, if you are not satisfied with the above recourse mechanisms, you may be able to invoke binding arbitration. For more information on binding arbitration, see the Data Privacy Framework Program website located at:https://www.dataprivacyframework.gov.
This site may make chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
Under certain circumstances, we may be required to disclose your personal data without your permission to the extent that we are required to do so by law, in connection with any legal proceedings or prospective legal proceedings, in order to establish, exercise or defend our legal rights, or to respond to valid requests by public authorities.
B&W maintains reasonable and appropriate security measures to protect personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
If, despite all our efforts, a data breach does occur, we will notify you and any applicable regulator of a breach where we are legally required to do so.
B&W retains your personal data not longer than it is allowed under the applicable data protection laws and in any case no longer than such personal data is necessary for the purpose for which it was collected or otherwise processed, unless a longer retention period is required by applicable law. The personal data you provide to us for direct marketing purposes will be kept with us until you notify us that you no longer wish to receive marketing information.
YOUR LEGAL RIGHTS
Under certain circumstances, you may have rights under data protection laws in relation to your personal data. To the extent required by applicable law, you are entitled to obtain information on the processing of your personal data, to object to processing of your personal data, make use of your right to data portability and to have your personal data rectified or deleted or their processing restricted. You also are entitled to withdraw any consent that you might have given with respect to the processing of your personal data at any time with future effect, including any consent for any direct marketing purposes. These are known as “Data Subject Rights.” If you would like to exercise your Data Subject Rights, please contact us using the information provided below under “Contact Us.”
You can ask us to stop sending you marketing messages at any time by following the opt-out (unsubscribe) links on any marketing message sent to you, or by contacting us as set forth below.
If you have any questions about this privacy statement or questions or complaints about our processing of your personal data, please contact:
Babcock & Wilcox Enterprises, Inc.
Data Privacy Manager
1200 E Market Street – Suite 650
Akron OH 44305 USA
If you are dissatisfied with our handling of any privacy complaints you have the right to lodge a complaint with the appropriate authority. We would, however, appreciate the chance to deal with your concerns first, so please contact us in the first instance.
CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to amend this privacy statement from time to time. We encourage you to review this privacy statement periodically for changes.