Empower Data Privacy Framework Policy

ISN Software Corporation (“ISN,” “we,” “us,” or “our”) respects every individual’s right to privacy. This Empower Data Privacy Framework Policy (this “DPF Privacy Policy”) outlines and explains how we collect, use and disclose Personal Data (as defined below) that we receive in the U.S. through the Empower platform (“Empower”), which includes our website (https://www.joinempower.com/) and the Empower mobile application, in reliance on the Data Privacy Framework.

Last Updated: May 6, 2024

SECTION 1

DATA PRIVACY FRAMEWORK

ISN participates in the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension of the EU-U.S. Data Privacy Framework (“UK Extension”), and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) (collectively, the “DPF”) administered by the U.S. Department of Commerce. ISN commits to comply with the DPF Principles with regard to the processing of non-HR personal data received from the European Union, United Kingdom, and Switzerland through Empower in reliance on the DPF. If there is any conflict between the terms in this DPF Privacy Policy and the DPF Principles, the DPF Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

SECTION 2

SCOPE AND PURPOSE OF THIS DPF PRIVACY POLICY

This DPF Privacy Policy explains how we collect, use and disclose information, including Personal Data, in connection with our Services (as defined herein) that we provide through Empower. For these purposes, “Personal Data” is any information relating to an identified or identifiable natural person located in the EU, UK, and/or Switzerland.

SECTION 3

WHO WE ARE

ISN owns and operates an online platform called Empower (“Empower” or the “App”). Through Empower, ISN collects certain information to help workers stay organized and informed and be prepared for the jobsite (collectively, our “Services”). For more information about our Services and the use of information stored in Empower, please visit our User Agreement at https://www.joinempower.com/user-agreement/ and the Empower Privacy Policy at https://www.joinempower.com/privacy-policy/.

SECTION 4

HOW WE COLLECT PERSONAL DATA AND OTHER INFORMATION

ISN obtains Personal Data about registered users (“Users”) of our App in various ways. ISN serves as both a controller and a processor with respect to the Personal Data it obtains and maintains about Users. For example, ISN obtains Personal Data about Users directly from Users, such as when a User registers with or uses our App and provides certain personal information, including a User’s name, phone number, email address and/or login credentials. We also gather certain information automatically when you use our website or App, including Internet Protocol (IP) address, access times, device type, and duration of visit. In addition, our Empower website and App may use “cookies” or similar tools. Please visit the general Empower Privacy Policy (the current version of which is available at https://www.joinempower.com/privacy-policy/) for more information about how our website and App use cookies or similar tools to track usage. ISN also may obtain Personal Data about Users from third parties, including third parties that use ISN’s other platform, ISNetworld, which sends certain information through the two platforms to help workers stay informed of their requirements and take actions regarding jobs assigned to them.

SECTION 5

TYPES OF PERSONAL DATA COLLECTED

As a processor, ISN may receive Personal Data about Users from various third parties. For example, ISN may receive Personal Data about Users from contractors, data providers, and hiring clients from the ISNetworld platform to allow workers who use the Empower App to take certain actions related to jobs assigned to them through the third party’s use of the ISNetworld platform. The types of Personal Data we might collect as a processor include name, occupation, employer, contact information, training and work-related history, and other information relevant to work qualifications provided by ISNetworld Contractors and Data Providers that may be requested by Hiring Clients using our ISNetworld platform. In addition, if you work for a Hiring Client, the types of Personal Data we might collect from you includes username, email address, contact information, and other information provided to us by the Hiring Client through our ISNetworld platform. Please visit the general Empower Privacy Policy (the current version of which is available at https://www.joinempower.com/privacy-policy/) for more information.

As a controller, ISN obtains Personal Data in other ways. For example, we may collect Personal Data directly from you when you visit our website or use our App. The type of Personal Data we may collect directly from you includes your first and last name, contact information (e.g., email address and mobile number), ISN-ID number, ZIP code, Personal Data you provide to us on the Empower platform (e.g., training certifications or other credentials), and other data collected automatically through our website or App (e.g., when you interact with the App or post or upload information through the App in connection with our Services).

SECTION 6

HOW WE USE AND DISCLOSE PERSONAL DATA

We use the information we collect to provide our Services to you, Hiring Clients, and ISNetworld Contractors. For example, we use the information we collect to provide, support, personalize, and develop our Services for Empower Users. We also may use the information we collect for any of the purposes indicated in Empower’s Privacy Policy (https://www.joinempower.com/privacy-policy/), such as to contact you, promote our Services, conduct research, resolve issues that may arise, and for security, fraud prevention, and investigation purposes.

As part of our internal processes, we may disclose the information we collect to our related corporate affiliates and third-party processors who assist us in providing the Services pursuant to our instructions, though we will ensure that all such corporate affiliates and third-party processors protect your Personal Data with the same level of protection as provided in this DPF Privacy Policy. Except as provided below, we will not disclose your Personal Data for any purposes other than in connection with providing our Services to you, Hiring Clients and ISNetworld Contractors.

We generally will not share your Personal Data with third parties outside the scope of our Services, but in certain instances we may be required to disclose your Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. To the extent permitted to do so, we will endeavor to inform you if we are required to disclose your Personal Data in response to a lawful request to do so. We also reserve the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation).

When we collect Personal Data directly from individuals in the EU, UK, or Switzerland as a controller, we generally offer you the opportunity to choose if your Personal Data may be (i) disclosed to third parties acting as controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant individual. To the extent required by the DPF Principles, we obtain opt-in consent for certain uses and disclosures of sensitive data, as defined by the DPF. Individuals may contact ISN as indicated below regarding the company’s use or disclosure of their Personal Data.

When we maintain Personal Data about individuals in the EU, UK, or Switzerland for whom we obtained or maintain the Personal Data as a processor, our Hiring Clients, ISNetworld Contractors, and Data Providers are responsible for providing the relevant individuals with certain choices with respect to the Hiring Clients’, Data Providers, and ISNetworld Contractors’ use or disclosure of the Personal Data.

From time to time we may also use your Personal Data to provide you with information about our Services, including updates and changes relating to Empower. You may choose to “opt out” of receiving this type of information at any time by contacting us as provided in Section 9 below.

SECTION 7

DATA QUALITY AND ACCESS TO PERSONAL DATA

We strive to provide our Services in the best possible manner, which means it is very important that the information in Empower remains accurate, complete, and up-to-date. As we rely on you, Hiring Clients, ISNetworld Contractors and Data Providers for information, we take steps to ensure that these parties understand the importance of keeping the information they maintain and share through Empower as accurate and current as possible. However, unless we are notified that any of your Personal Data is inaccurate or incomplete, we cannot take steps to correct it. You generally have the right to request access to your Personal Data. When we maintain Personal Data about individuals for whom we obtained or maintain the Personal Data as a processor, the Hiring Clients, ISNetworld Contractors, or Data Providers are responsible for providing you with access to your Personal Data and the right to correct, amend, or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. In such circumstances, you should direct your questions to the appropriate Hiring Client, ISNetworld Contractor, or Data Provider. When you are unable to contact the appropriate Hiring Client, ISNetworld Contractor, or Data Provider, or do not obtain a response from the appropriate Hiring Client, ISNetworld Contractor, or Data Provider, ISN will provide reasonable assistance in forwarding your request to the appropriate Hiring Client, ISNetworld Contractor, or Data Provider.

When we maintain Personal Data as a controller, we provide a reasonable opportunity for individuals in the EU, UK, or Switzerland to correct, amend or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. We may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated. You may request access to your Personal Data by contacting ISN as indicated below in Section 9. Given the nature of our Services, we may need to retain Personal Data after the end of any particular engagement involving Hiring Clients, ISNetworld Contractors or Data Providers (e.g., to provide a historical audit trail for safety and qualification purposes).

SECTION 8

SAFEGUARDING MEASURES AND ACCOUNTABILITY FOR ONWARD TRANSFER

ISN takes reasonable and appropriate measures to help protect your Personal Data from loss, misuse, and unauthorized access, modification, or disclosure, taking into account the risks involved in the processing and the nature of the Personal Data.

In the event we transfer your Personal Data, we will take appropriate measures to protect your privacy and the Personal Data we transfer. Should we need to transfer your Personal Data for purposes other than for providing the Services and in accordance with this DPF Privacy Policy, we will, to the extent permitted by law, obtain assurances from the recipients that they will safeguard your Personal Data in a manner that is consistent with this DPF Privacy Policy. In addition, if we learn that an agent is using or disclosing your Personal Data in a manner that is contrary to this DPF Privacy Policy, we will take reasonable steps to prevent or stop such use or disclosure. ISN may be liable for onward transfers of Personal Data to third parties in violation of this DPF Privacy Policy and the Data Privacy Framework.

SECTION 9

CONTACT INFORMATION; DISPUTE RESOLUTION

We welcome any questions or comments you might have about our Services and the information provided in this DPF Privacy Policy. In compliance with the DPF Principles, ISN commits to resolve complaints about your privacy and our collection or use of your Personal Data. Individuals in the EU, UK, or Switzerland with inquiries or complaints regarding this DPF Privacy Policy or ISN’s handling of Personal Data received in reliance on the DPF should contact us by mail, telephone, or email as follows:

ISN Software Corporation
3232 McKinney Avenue, Suite 1500, Dallas, Texas 75204
Telephone: +1 214 303 4900 | Email: info@isn.com

ISN has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to a U.S.-based independent dispute resolution mechanism, BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

In addition, the United States Federal Trade Commission has investigatory and enforcement powers over ISN regarding compliance with the Data Privacy Framework. There is a possibility, under certain conditions, for individuals to invoke binding arbitration to address complaints about ISN’s compliance with the DPF Principles. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.

SECTION 10

CHANGES TO THIS DPF PRIVACY POLICY

We reserve the right to amend this DPF Privacy Policy from time to time to account for new laws and technologies, changes to our Services, and for other related purposes. In the event that we amend this DPF Privacy Policy, we will post a notice on our website (https://www.joinempower.com/).