Last updated: December 9, 2024.

PRIVACY POLICY

This privacy policy sets out how BreakthroughFuel LLC (“Breakthrough”) (sometimes referred to as "we", "us" or "our" in this privacy policy) uses and protects your Personal Data and applies where it appears or is referenced. This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

1. IMPORTANT INFORMATION AND WHO WE ARE (section 1)

2. TYPES OF PERSONAL DATA WE COLLECT ABOUT YOU (section 2)

3. HOW IS YOUR PERSONAL DATA COLLECTED? (section 3)

4. HOW WE USE YOUR PERSONAL DATA (section 4)

5. DISCLOSURES OF YOUR PERSONAL DATA (section 5)

6. INTERNATIONAL TRANSFERS (section 6)

7. DATA SECURITY (section 7)

8. DATA RETENTION (section 8)

9. YOUR LEGAL RIGHTS (section 9)

10. CONTACT DETAILS (section 10)

11. COMPLAINTS (section 11)

12. COOKIES (section 12)

13. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES (section 13)

14. THIRD PARTY LINKS (section 14)

1. Important information and who we are

Privacy policy

This privacy policy gives you information about how Breakthrough collects and uses your personal data through your interaction with Breakthrough, including our emails or content, or when you use our website and any data you may provide when you interact with our websites, contact us or use or otherwise engage with our products or services (collectively, "platform”).

Our platform is not intended for children and we do not knowingly collect data relating to children.

Controller

Breakthrough is the controller and responsible for your Personal Data discussed under this privacy policy, as required by applicable law.

If you have any questions about this privacy policy, including any requests to exercise your legal rights (section 9), please contact us using the information set out in the contact details section (section 10).

2. The types of personal data we collect about you

Personal data means any information about an individual from which that person can be identified (“Personal Data”).

We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

Identity Data includes first name, last name, company name and job title, username or similar identifier, title.

Contact Data includes email address and telephone numbers.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and precise geolocation, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access our platform.

Profile Data includes your username and password, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you interact with and use our website, products and services or any other elements of our platform.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data which is not Personal Data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.

3. How is your Personal Data collected?

We use different methods to collect data from and about you including through:

Your interactions with us. You may give us your Personal Data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:

• inquire regarding our products or services;

• create an account on our website;

• subscribe to our service or newsletter;

• request marketing to be sent to you;

• attend our in-person or online events, conferences, webinars and meetings;

• enter a competition, promotion or survey;

• give us feedback or contact us; or

• interact with us via our official social media channels.

Automated technologies or interactions. As you interact with certain elements of our platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. Please see section 12 for further details.

Third parties or publicly available sources. We will receive Personal Data about you from various third parties and public sources as set out below:

Technical Data is collected from the following parties:

• analytics providers;

• advertising networks; and

• search information providers.

• Identity and Contact Data is collected from data brokers or aggregators.

4. How we use your Personal Data

Legal basis

The law requires us to have a legal basis for collecting and using your Personal Data. We rely on one or more of the following legal bases:

Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.

Legitimate interests: We may use your Personal Data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you quality and more secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your Personal Data for our legitimate interests.

Legal obligation: We may use your Personal Data where it is necessary for compliance with a legal obligation that we are subject to. We generally will identify the relevant legal obligation when we rely on this legal basis.

Consent: We rely on consent where we have obtained your active agreement to use your Personal Data for a specified purpose, for example if you subscribe to an email newsletter.

Purposes for which we will use your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use the various categories of your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose: To register your account

Type of data: Identity | Contact

Legal basis: Performance of a contract with you/your company

Purpose: To process and deliver our services:

(a) Provide our services to you/your company

(b) Manage payments, fees, and charges

Type of data: Identity | Contact | Marketing and Communications

Legal basis: Performance of a contract with you/your company. Necessary for our legitimate interests (to recover debts due us).

Purpose: To organise online and in-person events, such as webinars and conferences

Type of data: Identity | Contact | Marketing and Communications

Legal basis: Performance of a contract with you/your company. Necessary for our legitimate interests (to promote and share expertise in the area and our services).

Purpose: To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Dealing with your requests, claims and queries

Type of data: Identity | Contact | Profile | Marketing and Communications

Legal basis: Performance of a contract with you/your company. Necessary to comply with a legal obligation. Necessary for our legitimate interests (to keep our records updated and manage our relationship with you).

Purpose: To enable you to complete a survey

Type of data: Identity | Contact | Profile | Usage | Marketing and Communications

Legal basis: Performance of a contract with you/your company. Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).

Purpose: To administer and protect our business and platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

Type of data: Identity | Contact | Technical

Legal basis: Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise). Necessary to comply with a legal obligation.

Purpose: To deliver relevant platform content and online advertisements to you and measure or understand the effectiveness of the advertising we serve to you

Legal basis: Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

Purpose: To use data analytics to improve our website, products/services, customer relationships and experiences and to measure the effectiveness of our communications and marketing

Type of data: Technical | Usage

Legal basis: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).

Purpose: To send you relevant marketing communications and make personalised suggestions and recommendations to you about goods or services that may be of interest to you based on your Profile Data

Legal basis: Necessary for our legitimate interests (to carry out direct marketing, develop our products/services and grow our business).

Direct marketing

From time to time, we may send you relevant information about our business, products and services by email, but only if you have consented to receive these marketing communications by signing up for updates.

You can change your email marketing subscription anytime by editing your preferences or unsubscribing altogether via the link at the bottom of any of our email marketing communications or by contacting us via the details provided in section 10 of this policy.

Otherwise, if you are an existing business customer, we may send you correspondence about our products and services and again you can simply write to us to cease this at any time.

If you opt out of receiving marketing communications, you may still receive service-related communications that are essential for administrative or customer service purposes.

5. Disclosures of your Personal Data

We may share your Personal data with other organisations in the following circumstances:

• If the law or a public authority says we must share the Personal Data;

• If it is needed to provide you with the services or products;

• If we need to share Personal Data in order to establish, exercise or defend our legal rights (this includes providing Personal Data to others for the purposes of preventing fraud and reducing credit risk); or

• Any third-party vendors as required in supply of our services or products.

• Any third-party processors for marketing purposes.

Please note that where you are a user of one of our products or services as part of your contract or employment for another company, your employer may have access to your Personal Data as a separate data controller and may use it in accordance with their own privacy policy.

It is our corporate policy that all third parties respect the security of your Personal Data and to treat it in accordance with the law.

6. International transfers

The Personal Data that we collect will be processed in the United States, but we may share or transfer your Personal Data with external third parties who are based in other countries.

We share your Personal Data within our group of affiliated companies, which Breakthrough is a part of. This will involve transferring your Personal Data outside the UK/EEA to our overseas offices.

Where we transfer your Personal Data out of the UK/EEA, we ensure a similar degree of protection is afforded to your Personal Data by using safeguards required by applicable laws, such as only transferring Personal Data to countries that have been deemed by the Information Commissioner or European Commission to provide an adequate level of protection for Personal Data, or by using specific contractual protections, such as approved standard contractual clauses. Please contact us if you would like more information about our safeguards for data transfers.

7. Data security

We have put in place appropriate security measures designed to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, it is our corporate policy to limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. Our corporate policy establishes that they may only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Data breach and our policy is to notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my Personal Data for?

We will retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with or in connection with you.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your Personal Data: see section 9 below for further information.

9. Your legal rights

You have a number of rights under data protection laws in relation to your Personal Data.

You have the right to:

Access: Request access to your Personal Data (commonly known as a "subject access request"). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Correction: Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Erasure: Request erasure of your Personal Data in certain circumstances. This enables you to ask us to delete or remove Personal Data under certain circumstances. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Objection: Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.

You also have the absolute right to object any time to the processing of your Personal Data for direct marketing purposes (see DIRECT MARKETING in section 4 for details of how to object to receiving direct marketing communications).

Portability: Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Revoke consent: Withdraw consent at any time where we are relying on consent to process your Personal Data (see the table in section 4 for details of when we rely on your consent as the legal basis for using your Personal Data). However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Restriction: Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in one of the following scenarios:

• If you want us to establish the Personal Data's accuracy;

• Where our use of the Personal Data is unlawful but you do not want us to erase it;

• Where you need us to hold the Personal Data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

• You have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact us by using our contact details as set out in section 10.

No fee usually required

Generally, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to an unauthorized person. We may also contact you to ask you for further information in relation to your request to facilitate our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Contact details

If you have any questions about this privacy policy or about the use of your Personal Data or you want to exercise your privacy rights, please contact us in the following ways:

• Email address: info@breakthroughfuel.com

• Postal address: 1175 Lombardi Avenue, Suite 500, Green Bay, WI 54304 USA

11. Complaints

You have the right to make a complaint at any time to the data protection authority in your jurisdiction. We would, however, appreciate the chance to deal with your concerns before you approach the regulator – we kindly ask you to please contact us in the first instance.

12. Cookies

What are Cookies?

Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when a website is loaded within your chosen browser (“Cookie”). They are widely used to ‘remember’ you and your preferences, either for a single visit (through a ’session cookie’) or for multiple repeat visits (using a ‘persistent cookie’). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as ‘first party cookies’), or by other websites who serve up content on that site (‘third party cookies’).

What are ‘Strictly Necessary Cookies’?

These are the cookies that are essential for this website to perform its basic functions. These include those required to allow registered users to authenticate and perform account related functions.

Strictly Necessary Cookies are highlighted with a double asterisk (**) in the tables below:

How to change your Cookie preferences

Certain web browsers provide additional tools to users for controlling or restricting cookies on their device. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.

You may also set your preferences at the browser level. Click the link below to find out how to manage cookies on popular browsers such as:

• Google Chrome

• Microsoft Edge

• Mozilla Firefox

• Opera

• Apple Safari

To find information relating to other browsers, visit the browser developer’s website.

To opt out of being tracked by Google Analytics, visit http://tools.google.com/dlpage/gaoptout.

Please note that, in accordance with local legal requirements, in some territories you will be presented with a cookie notice which will contain more information about the technologies we use and provide you with a means to select and manage your preferences in addition to the options set out above.

13. Changes to the privacy policy and your duty to inform us of changes

We may update this privacy policy as needed to reflect changes in law or company practices. Updates will be available on this page, with significant changes communicated directly to users, where required by applicable law.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us, for example a new address or email address.

14. Third-party links

Our platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.