Dominate SmartSite Privacy Policy
Introduction
Dominate SmartSite is committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, that you provide to us, or that is provided to us by a Subscriber to our Services (under the brand name Dominate SmartSite), will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using our solutions, or visiting www.DominateSmartSite.com, you are accepting and consenting to the practices described in this policy. We will not sell or pass on your data to a third party.
Who are we?
Dominate SmartSite is the leading global provider of Industrial Internet of Things (IIoT) enterprise solutions for the construction and manufacturing industries. We bring real-time visibility to all aspects of your site by wirelessly connecting your workforce, subcontractors, productivity, assets, materials and environment to the digital world. We are trusted by customers to connect their field operations, enhance productivity, improve project profitability, and effectively collaborate across the broad construction ecosystem.
What are Personal data?
In this context, Personal data can be defined as:
“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
In this policy, we are concerned with two types of personal data:
- Personal data we handle for our customers and users (“Service Data”) – We collect this data through our software solutions (including through user accounts on dominatesmartsite.com and our apps) and through related support and professional services. We refer to all of these offerings as the “Services.” Under applicable law, Dominate SmartSite is considered a “processor” of this data, and the user (or, for organizations with access to the admin console, the customer) is a “controller” of the data.
- Personal data we handle for our own business (“Business Data”) – This includes certain data collected on our websites, such as newsletter signup forms, as well as data collected through other marketing-related efforts. Under applicable law, Dominate SmartSite is a “controller” of this data.
What does Dominate SmartSite do with your information?
This Privacy Policy has details specific to Service Data, details specific to Business Data, and information relevant to our handling of both kinds of data. This Privacy Policy does not apply to the collection of the information by third-party websites or applications. We encourage you to review the privacy policies of third-party websites and applications with which you interact.
1. Privacy Practices Specific to Service Data
a. Types of Service Data
We receive information from or on behalf of our customers and their users. Because of the nature of our Services, this Service Data may contain any type of personal data but almost always is professional contact information. We use Service Data as described below.
b. Uses of Service Data
Subject to our contractual obligations, and depending on the particular Dominate SmartSite Services, we use the information described above as follows:
- To provide the Dominate SmartSite Services (including internal analysis of aggregate usage patterns and to respond to your questions, concerns, or inquiries);
- To improve the Dominate SmartSite Services;
- To create and commercialize new Dominate SmartSite products;
- To create and use aggregated information for any of the purposes above;
- To enforce the legal terms that govern the Dominate SmartSite Services;
- To comply with law and protect rights, safety and property; and
- For other purposes requested or permitted by our customers or users.
c. Disclosures of Service Data
Subject to our contractual obligations, and depending on the particular Dominate SmartSite Services, we share the information described above as follows:
- To provide the Dominate SmartSite Services, which can involve transferring data to third parties whose own use of the data is not subject to this Privacy Policy, such as:
- By facilitating a user’s posting of information to a Dominate SmartSite project controlled by a third party (which, like the other examples here, then would be subject to that third party’s decisions about use and disclosure);
- By facilitating a user’s electronic delivery of information to an external recipient selected by that user (such as to send data to an integration or to invite a nonuser to join a project); or
- By providing a customer or a third party chosen by the customer with any data collected from any user of the customer’s Dominate SmartSite project;
- By providing a project administrator with information about a user’s use of the Dominate SmartSite project.
- By allowing a project administrator to transfer control of all or a portion of a project (and the data it contacts), to a new project administrator, including one at a different company.
- To enforce the legal terms that govern the Dominate SmartSite Services;
- To comply with law, and where we deem disclosure appropriate to protect rights, safety and property (for example, for national security or law enforcement);
- As part of a business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization; or
- For other purposes requested or permitted by our customers or users.
For those purposes, we may share Service Data with our affiliates and other entities that help us with any of the above.
2. Privacy Practices Specific to Business Data
a. Types of Business Data
Business Data consists of contact details, professional details (e.g., title and name of company), information about an individual’s interactions with Dominate SmartSite or our partners, and payment information that we collect for our own business activities, as opposed to data that we collect on behalf of a particular customer.
We obtain Business Data directly from the relevant individuals, and also from third-party sources, such as their employers, marketing or lead generation companies and other third-party data aggregators, and social networking platforms (e.g., LinkedIn).
We use the Business Data collected through such technology as described below.
b. Uses of Business Data
Dominate SmartSite uses and discloses Business Data as follows:
- To fulfill your requests;
- To send you information about our products and services, including marketing communications;
- To respond to your questions, concerns, or customer service inquiries;
- To analyze market conditions and use of our services;
- To customize the content and advertising you see on our websites, across the Internet, and elsewhere;
- To create and use aggregated information for any of the purposes above;
- To enforce the legal terms that govern our business and online properties;
- To comply with law and protect rights, safety and property; and
- For other purposes requested or permitted by our customers or users.
c. Disclosures of Business Data
Subject to our contractual obligations, we share the information described above as follows:
- For the uses of information described above;
- As part of a business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization; or
- For other purposes requested or permitted by our customers or users.
For those purposes, we may share Business Data with our affiliates and other entities that help us with any of the above.
d. Legal Basis for Processing Business Data
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds for processing Business Data are as follows:
- To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our customers, or to take steps at customers’ request in anticipation of entering into a contract with them.
- Consent: Where required by law, and in some other cases, we handle personal data on the basis of consent.
- Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
- Customer service
- Marketing
- Protecting our customers, personnel and property
- Analyzing and improving our business
- Managing legal issues
- We may also process personal data for the same legitimate interests of our customers and business partners.
- Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
(We process Service Data pursuant to our contracts with our customers and applicable law.)
How does Dominate SmartSite protect your data?
To provide security for Service Data, we maintain physical, organizational and technical safeguards, which are subject to periodic changes. We use different safeguards to help secure Business Data.
If you use third-party software integrated into our service, your information will be handled by such third party subject to their own privacy and security policies or procedures, which we do not control.
We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.
a. GDPR
Dominate SmartSite confirms that it has adopted the security measures requested by the GDPR law. In this regard, not only we are committed to ensuring that your personal data is gathered legally and under strict conditions, but also when collecting and managing the data, we regard ourselves as obliged to protect it from misuse and exploitation, as well as to respect the rights of data owners.
In any marketing email sent to you, you will be able to easily opt out of email marketing. Below statement will be at the end of each marketing email:
Supporting GDPR compliance, we respect your data privacy. For European citizens who wish to not receive e-mails from
Dominate SmartSite, please unsubscribe here.
b. Personal Data Rights and Choices (including Direct Marketing Opt-Out)
All users can review and update certain user information by logging in to the relevant portions of the Dominate SmartSite platform. You can unsubscribe from marketing emails by clicking the “unsubscribe” link they contain.
Residents of the European Economic Area, Canada, Australia and many other jurisdictions have certain legal rights (including, in certain cases, under the EU-U.S. and EU-Swiss Privacy Shield Frameworks after our Privacy Shield certification takes effect) to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment, or deletion in appropriate circumstances. In limited cases, they have the right to receive information we hold about them in portable form and to have it transmitted to a third party. They also have rights to object to our handling of their personal data, to restrict its processing, and to withdraw any consent they have provided.
For example, individuals have a right to opt out of our processing of Business Data for direct marketing purposes.
To exercise those rights, they may contact us. Where we process personal data on behalf of our customer, we may refer the request to the relevant customer and cooperate with their handling of the request, subject to any special contractual arrangement with that customer. For individual user accounts not associated with a customer account, Dominate SmartSite will handle the request directly.
Many of the rights described above are subject to significant limitations and exceptions under the Privacy Shield Frameworks and applicable law. For example, objections to the processing of personal data, and withdrawals of consent, typically will not have retroactive effect. Individuals also have a right to lodge a complaint with the relevant supervisory authority, but we encourage individuals to contact us first, and we will do our best to resolve any concern.
Who do we share your information with?
Dominate SmartSite will not sell or pass on your personal data to third parties and will only use the information for the purpose identified.
Your rights as a data subject
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
- Right of portability – you have the right to have the data we hold about you transferred to another organization.
- Right to object – you have the right to object to certain types of processing such as direct marketing.
- Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
- Right to judicial review: in the event that Dominate SmartSite refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined below.
Changes to Our Privacy Policy
We may change this Privacy Policy from time to time.
If we make significant changes in the way we treat your personal information, or to the Privacy Policy, we will make that clear on our websites or by email, so that you are able to review the changes.