Privacy Policy & Copyright

Raba Kistner, Inc. (“Raba Kistner” or “we”) respect your privacy and are committed to protecting it through this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website SimpliStormwater.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website.
• In email, text, or other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Raba Kistner or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to and be accessible from or on the Website. This includes collection of payment information, which is collected, stored, and processed exclusively by JP Morgan Chase Merchant Services. Please see Chase’s Privacy Policy for information about how your payment data is collected, stored and processed by Chase.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with this policy, your choice is not to use our Website. By accessing or using this Website, you agree this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

I. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

1. By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).
2. That is about you but individually does not identify you, such as IP addresses; and
3. About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

1. Directly from you when you provide it to us.
2. Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us

The information we collect on or through our Website may include:

1. Information that you provide by filling in forms on our Website. This includes information provided at the time of requesting a license, subscribing to our services, interacting with our services or requesting additional information. We may also ask you for information when you report a problem to our Website.
2. Records and copies of your correspondence (including email addresses), if you contact us.
3. Your responses to surveys that we may ask you to complete for research purposes.
4. Details of transactions you carry out through our Website, including but limited to payment of licensing fees. You may be required to provide financial information before making a license fee payment through our Website.
5. Your search queries on the Website.
6. Details of your facilities that you provide to us to utilize the Website services.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

1. Details of your visits to our Website, including traffic data, location data, logs, and other communication data and resources that you access and use on the Website.
2. Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information that we collect in other ways. This collection helps us to improve our Website and deliver a better and more personal service, including by enabling us to:

1. Estimate our audience size and usage patterns.
2. Store information about your preferences, allowing us to customize our Website according to your individual interests.
3. Speed up your searches.
4. Recognize when you return to our Website.

The technologies we use for this automatic data collection may include:

1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

1. Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information below.
2. Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Raba Kistner, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

II. How We Use Your Information

We use information that we collect about you or that you provide to us including any personal information:

1. To present our Website and its contents to you.
2. To provide you with information, products, or services that you request from us.
3. To fulfill any other purpose for which you provide it.
4. To provide you with notices about your account, including expiration and renewal notices.
5. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
6. To notify you about changes to our Website policies or any products or services we offer or provide through it.
7. To allow you to participate in interactive features on our Website.
8. To prepare geographical reports.
9. In any other way we may describe when you provide the information.
10. For any other purpose with your consent.

III. Disclosure of Your Information

We may disclose aggregate information about our users and non-financial information disclosed by our users, provided said information does not identify any particular user or facility, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

1. To our subsidiaries and affiliates.
2. To contractors, service providers, and other third parties that we use to support our business.
3. To a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Raba

Kistner’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Raba Kistner about our Website users is among the assets transferred.

1. To fulfill the purpose for which you provide it.
2. To prepare and provide geological reports comprising aggregated user-provided data, which does not directly identify any individual user or facility.
3. For any other purpose disclosed by us when you provide the information.
4. With your consent.

We may also disclose your personal information:

1. To comply with any court order, law, or legal process, including responding to any government or regulatory request.
2. To enforce our Terms of Use and other agreements between us and you, including for billing and collection purposes.
3. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Raba Kistner, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

IV. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We provide the following mechanisms to provide you with the following control over your information:

1. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
2. Promotional Offers from Raba Kistner. If you do not wish to have your email contact information used by Raba Kistner to promote our products or services, you can opt-out by sending us an email stating your request to support@simlisw.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Raba Kistner as a result of a product purchase, warranty registration, product service experience or other transactions.

V. Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at support@simlisw.com to request access to, correct or delete any personal information you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

VI. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

VII. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

VIII. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@simplistormwater.com.

COPYRIGHT POLICY

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

CLAYTON HALL
RABA KISTNER, INC.
1011 W. LEWIS STREET, CONROE, TX 77304
281-210-0084
CEHALL@RKCI.COM

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.