PACT Construction Services
Mobile Application Privacy Policy
Effective July 28, 2021
PACT Construction Services, LLC, and its affiliated entities (collectively, “PACT”, “we”, “us”, “our”) are committed to protecting individual privacy and maintaining the trust of our sub-contractors (“Subs”, “Sub”, “you”, “your”), and the ultimate client of our services (collectively, “Client”). It is important to us that we provide transparency regarding our collection, use, and disclosure of information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Sub (“Personal Information”). To the extent that the California Consumer Privacy Act (“CCPA”) applies to you, the definition of Personal Information shall be so revised as to comply with the CCPA’s definition of Personal Information.
To help us meet this commitment to you, we have created this privacy policy (“Privacy Policy’). This Privacy Policy governs data protection matters across our products and services, including our mobile application and platform (collectively, “PACT Platforms” or “Platforms”). This Privacy Policy forms an integral and binding part of our relationship with you. By using our Platforms, you agree to the terms and condition of the collection and use of your Personal Information and the terms and conditions of your use of Client’s Personal Information.
INFORMATION WE COLLECT
We may collect Personal Information from you in various ways, such as when you: enter into a transaction or contractual arrangement with us; visit our facilities or we visit you at your offices; contact our customer services; creation of an account in our mobile application; or in connection with your inquiries and communications with us.
The Personal Information that we may collect from you will include, but is not limited to, the following: first and last name, job title, contact or mailing address, business you own or work for, property name, property address, work email address, work or mobile phone number, site tools such as cookies, login credentials to our Platforms, account profile information, financial information, and any information that you upload to our Platforms or input into your account, including comments, electronic content produced by you or another on your behalf (specifically including photographs, images, technical drawings and specifications, engineering reports, engineering schematics, and such other information that you may have produced).
HOW INFORMATION IS COLLECTED
All of the Personal Information we collect from you is provided voluntarily either during your direct interaction with us, via entry directly into our Platforms, or by giving us permission to obtain it. You must allow access to your camera and/or photo library from within your mobile device settings if you would like to upload photographs to the mobile Platform. You may also provide us your Personal Information through offline communications, such as phone calls or site visits.
CLIENT INFORMATION
You understand that as part of using our Platforms that you may gain access to Client Personal Information, including the Client’s first and last name, home or contact address, telephone number, email address, and such other contact information that we may provide you access to when using our Platforms. You further understand that by using our Platforms, you may be granted the right to directly contact the Client and request additional information or photographs, schematics, or other materials that are prepared and/or submitted by Client or on Client’s behalfby an agent of Client or by us.
You agree that you will handle, manage, and use the Client’s Personal Information in the same manner as we are handling, managing, and using your Personal Information on our Platforms. You expressly agree to indemnify and defend us against any and all claims made by Client against us for any improper handling, management, use, or release of Client’s Personal Information by you, or one of your directors, managers, officers, employees, agents, independent contractors, successors, and/or assigns. You expressly understand and agree that we may limit and/or revoke your right to access our Platforms and take such other and appropriate action as we feel appropriate if we discover you have handled, managed, and/or used the Client’s Personal Information in a manner inconsistent with how we handle, manage, and use Personal Information on our Platforms. This Privacy Policy shall not supplant, alter or modify any subcontractor agreement, general contractor agreement, or any other agreement pertaining to scope of work relating to any work Sub provides on behalf of, for, or in connection with PACT.
HOW INFORMATION IS USED
We may use your Personal Information for the following purposes:
1. creating an account;
2. provision and monitoring of our Platforms to provide you with access to and support the security of the Platforms;
3. questions and requests. If you contact us by email or otherwise, we will use your Personal Information you provide to answer your question or resolve your problem;
4. order and/or service fulfillment. We may use your Personal Information that you provide to fulfill any orders or requests for services you may place or we may request from you through our Platforms;
5. providing customer service;
6. internal recordkeeping;
7. site and job management;
8. detecting, investigating, and preventing fraudulent transactions and other illegal activities;
9. compliance with legal commitments and obligations; and
10. carrying out any other purpose described to you at the time the information was collected.
We do not use Personal Information for purposes for purposes that are materially different from the purposes that such Personal Information was originally collected for, as set out above. If these purposes change in the future, we will provide you with a notice and a request to consent to (or an opportunity to opt-out of) this new use where so required by applicable law.
“Do Not Track” Notice: “Do Not Track” is a preference that you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. PACT does not currently respond to, or honor, Do Not Track signals or requests from your browser, mobile device, or mobile application. Sub understands and agrees to this by and in conjunction with using the Platforms.
HOW WE DISCLOSE PERSONAL INFORMATION
We will not disclose any Personal Information that we collect from you to any external parties, except as indicated below:
1. Our Affiliates. We may disclose Personal Information to any of our subsidiaries and affiliatesin order to meet legal requirements, handle billing or assist with contract management, or to otherwise conduct the business performed by us or our affiliates.
2. Other Contractors. We may disclose Personal Information to other companies that have contracted with us to provide services to us or on our behalf, provided such companies only use the Personal Information as necessary to fulfill their contracted services , and not for marketing purposes or to use, collect, sell, convey, assign, or otherwise transfer to third party companies (whether or not for a fee, profit, or other compensation).
3. Service Providers. We may disclose Personal Information to our service providers who perform certain services necessary to run our business (for example, data hosting and development, data analysis, customer service, auditing, and other services), provided that these service providers have entered into legally binding agreements with us to protect the Personal Information shared, limit their use, retention, and disclosure of the Personal Information, and assist us with our compliance requirements.
4. Legal Request. We may disclose Personal Information to comply with applicable laws and any regulatory monitoring and reporting obligations that we may have (including laws outside of your state or country of residence), to respond to requests from public and government authorities (which may include authorities outside of your state or country of residence), to cooperate with law enforcement, or for other legal reasons. Your Personal Information may also be disclosed to legal counsel in order to respond to such lawful requests or court orders.
5. Business Transfer. We may disclose Personal Information 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 PACT’s assets, whether as a going concern or as part of bankruptcy, liquidation, receivership, or similar proceeding in which Personal Information held by PACT are among the assets to be transferred.
6. Enforcement of Our or Others’ Rights. We may disclose Personal Information to external parties to the extent that this is necessary to enforce or protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others, including enforcing any other agreements (such as for billing and collection purposes and fraud prevention).
7. Consented Disclosure. We may disclose your Personal Information to one or more third parties upon receipt of your consent of such disclosure.
HOW WE PROTECT PERSONAL INFORMATION
We seek to use commercially reasonable organizational, technical, and administrative measures to protect Personal Information with our control. Unfortunately, no data transmission or storage system can be guaranteed to be entirely secure. Where we have given you (or where you have chosen) a username and password to access our Platforms, you are responsible for keeping this information confidential and preventing unauthorized access to your account. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us.
To the extent that we have collected your payment card information, we will comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS).
THIRD PARTIES/LINKS
Our Platforms may contain links or integrate with other websites and online services or allow others to send you such links. We are not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy notice of a third-party website or online service before using it, whether directly or in connection with your use of our Platforms.
RETAINING PERSONAL INFORMATION
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which the Personal Information was obtained and consistent with applicable law. We, in our sole and absolute discretion, have the right to use and consider the following criteria to determine an appropriate retention period for Personal Information, including, but not limited to:
1. The length of time we have an ongoing relationship with you, and provide the use of our Platforms to you (for example, for as long as you have an account with us or are using the Platforms);
2. Whether there is a legal obligation to which we are subject (for example, certain laws may require us to keep records of any transactions with you for a certain period of time before we can delete them); or
3. Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, audit requirements, or regulatory investigations).
If you would like to have your account on one of our Platforms deleted, please contact us at requests@pactkc.com. Please note that even though you may request for your account to be deleted, we will retain your information in accordance with the above standards and limitations.
If you would like to update your account information or reset your password at any time under the main menu within our mobile application. The permissions for access to your mobile camera and/or mobile photo library can be changed from within your device’s settings. We are not responsible for ensuring that you understand how to access these settings and otherwise modifying them to your desired security settings.
KEEPING YOUR INFORMATION UPDATED
If you have set up an account on one of our Platforms, it is up to you to keep your Personal Information up to date. If you are unable to update your Personal Information, please contact us and we will endeavor to assist you with updating your information.
INFORMATION FOR CALIFORNIA CONSUMERS
The information and rights in this section apply only to California residents.
In compliance with the CCPA, PACT does not sell, trade, or rent any Personal Information, nor have we done so in the preceding twelve (12) months. We do not knowingly collect Personal Information from minors under sixteen (16) years of age. If we become aware that we have inadvertently received Personal Information from a minor under sixteen (16) years of age, we will delete such information from our records. We have not sold Personal Information of minors under sixteen (16) years of age, and, to the extent we have, we have first notified the parents or guardians of such minor and obtaining the parents or guardians’ consent.
California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Currently, PACT does not disclose Personal Information to third parties for their direct marketing purposes. Thus, upon receipt of such a request by a California consumer, and as required by California state law, we will respond with either (1) a confirmation that we have not disclosed any Personal Information to third parties for their direct marketing purposes in the previous calendar year, or (2) if our practices have changed, provide a list of all third parties to whom Personal Information was disclosed for their direct marketing purposes in the preceding calendar year, whichever is relevant. California consumers may request further information about our compliance with this law by emailing us at requests@pactkc.com.
Under the CCPA, California consumers have various rights regarding the Personal Information that PACT collects and processes using our Platforms.
California consumers have the right to:
1. Request disclosure of the categories and specific pieces of Personal Information that a business (as defined in the CCPA) has collected about you.
2. Request disclosure of the categories of third-party sources, if any, from which a business has collected about you.
3. Disclosure of the business or commercial purpose(s) for which your Personal Information has been collected.
4. Receive a list of the categories of third parties with whom a business has shared your Personal Information.
5. Request that a business delete any Personal Information that it has collected from you (subject to exceptions).
6. Not be discriminated against by a business (for example, not charged different rates, provided different levels of service, denied goods or services, or suggested any of the preceding) for exercising any of the individual rights granted in the CCPA.
7. Designate an authorized agent to exercise any of the individual rights granted in the CCPA, on your behalf.
8. Opt-out of the sale of Personal Information, if applicable.
To exercise any of your rights as a California consumer, you should contact us by sending an email to requests@pactkc.com.
Before complying with your request, PACT may need to verify that it is you that is making the request. To accomplish this, you (or your authorized agent) may be requested to (1) confirm specific pieces of Personal Information that we already know about you, or (2) provide us with appropriate identification depending on the sensitivity of the information requested. California consumers are limited to two (2) requests for Personal Information per twelve (12) month period.
UPDATES TO THIS PRIVACY POLICY
It is our policy to post any changes we make to our Privacy Policy on this page, without a notice of such changes on our Platforms to you, unless otherwise required by applicable law. If we make material changes on how we treat your Personal Information, we will notify you through email, notification in our mobile application, or through other means on our Platforms. The date that this Privacy Policy was last revised is listed at the top of this page and any revisions to this Privacy Policy shall be effective immediately upon posting the revised Privacy Policy on this page. You are responsible for visiting our site and this Privacy Policy to check for any changes.
CONTACT US
If you have any questions or concerns regarding our practices with respect to the collection, use, or disclosure of Personal Information, or our security standards, please contact us at requests@pactkc.com.
