Empower Privacy Policy

Table of Contents

General Matters
Data We Receive
How We Use Your Data
How We Share Information
Data Retention
Rights and Choices
Other Important Information

1. General Matters

Users

We at ISN Software Corporation and our subsidiaries (collectively, “ISN,” “we,” “us,” or “our”), respect your concerns about privacy and strive to provide an exceptional experience and service for registered users (“Users”) of the Empower mobile application (the “App”).

Users of the App create an account (“Account”) by downloading the App and providing certain personal information to us. As a User, the collection, use and sharing of your data is subject to this Privacy Policy.

This Privacy Policy describes the types of personal information we obtain, how we may use and retain that personal information, with whom we may share it, and how you may exercise your rights and choices with respect to our processing of that information. This Privacy Policy also describes the measures we take to safeguard the personal information we obtain and how you may contact us if you have questions about our privacy practices.

Services

This Privacy Policy applies to your use of our Services.

This Privacy Policy applies to services that are available to you through or in connection with the App (the “Services”) but does not apply to services that are offered under a different privacy policy. For example, the personal information in ISNetworld is subject to the ISNetworld Privacy Policy or the applicable privacy policy if it is in another ISN Platform (collectively, the “ISN Privacy Policies”).

Changes

We may change this Privacy Policy from time to time.

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our information practices. We will post a notice in our App to notify you of significant changes to this Privacy Policy. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices.

You acknowledge that, unless consent is required by applicable law, your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the gathering, use and sharing of your data is subject to the updated Privacy Policy, as of its effective date.

2. Data We Receive

A. Data You Provide To Us

Account Creation

You provide personal information to us when you create an Account with us.

To create an Account, you are required to provide your first and last name, email address, mobile number and ZIP code. You also may choose to provide us with your ISN-ID number to link the App with your employer.

Profile

You may provide additional data to us when you create your Empower profile. Do not provide sensitive personal information.

You may choose to provide additional information to add to your profile within the App (e.g., training certificates or other credentials). As a reminder, you must not post or add data to your Account or profile that you would not want to be shared or publicly available. We do not want to gather from you, and you should not provide to us, any sensitive personal information.

Other Data

You may provide other data to us in connection with our Services.

We may obtain certain data from you when you interact with the App or provide, post or upload information through the App in connection with our Services, such as when you view trainings through the App, confirm or acknowledge certain information or documents through the App, fill out a form, respond to a survey, or submit other information to us through the App.

You are not required to provide, post or upload data; however, if you do not do so, it may limit your ability to engage with our Services.

Service Use

We obtain data in connection with your use of the App.

We log usage data (including log-ins, device information and IP address) when you interact with our App, such as when you view or click on content (e.g., learning videos), perform a search, install or update the App, etc.

Cookies and Similar Technologies

We obtain data collected by certain automated technologies.

We may use cookies, web beacons (including pixels and tags), web server logs, and similar technologies to collect data relating to your online activities, devices, browsing actions, and usage patterns to recognize you and your device(s) on, off and across different services and devices where you have engaged with our Services.

Your Device and Location

We may obtain device and location data.

When you use or exit the App (including some plugins and our cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to and the time of your use. We also may obtain information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, IDs and/or ISP, or your mobile carrier). If you use the App, then your device will send us data about your location based on your phone settings. We will ask you to opt-in before we collect your precise geolocation location.

Messages

We gather certain data in connection with your communications through the App.

We gather information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a request, we track whether you have acted on it and may send you reminders.

California Residents

If you are a California resident, click here for our California Consumer Privacy Statement.

B. Data From Third Parties

In addition to the personal information we collect from you or your device, we also may obtain information about you from third parties.

ISN Platforms

ISN Platforms may house data about you from your employer or third-party data providers.

ISN operates ISNetworld (a contractor management platform) and may operate other platforms or services (collectively, “ISN Platforms”). ISN Platforms may house data about you that is acquired from or on behalf of your employer or from third-party data providers.

ISN Platform Data

Through the App, you may (i) access ISN Platforms, and (ii) provide and receive data that relates to you to and from ISN Platforms.

You may download the App even if you are not currently connected to your employer using any ISN Platform. If you enter your ISN-ID in the App, you may be able to connect with your employer and link the App to your employer’s account on an ISN Platform in order for you to transmit or receive any data that relates to you (“Your ISN Platform Data”) or other information to or from such ISN Platform.

Your Persistent ISN Platform Data

You may retain certain of Your ISN Platform Data in the App.

Following the termination of your association with your employer’s account on an ISN Platform, you may retain in the App certain of Your ISN Platform Data associated with that employer’s account on the ISN Platform.

C. Other

We may collect new and additional data as we modify and improve our Services and ISN Platforms.

We may introduce new products, features and ISN Platforms, all of which may require the collection of new and additional information. If we obtain materially different personal information or materially change how we collect your data, we may modify this Privacy Policy and notify you of such changes through the App or otherwise at the time of collection.

3. How We Use Your Data

We may use your data to:

1. Provide, support, personalize and develop our Services and the ISN Platforms.
2. Manage your account.
3. Verify your identity.
4. Assist in data analytics.
5. Operate, evaluate and improve our business.
6. Comply with and enforce applicable laws and regulations, industry standards, and contractual obligations, as well as our policies and terms and conditions.

We do not sell your personal information.

How we use your data will depend on which Services you use, how you use those Services and the choices you make in your settings, which are located in the “Profile” section of the App. We use data about you to provide and personalize our Services to you through the App and to provide our services to various users of ISN Platforms, so that our services can be more relevant and useful to you and others.

We do not sell your personal information, so we do not offer an opt out for such sales.

Communications

We may use your data to contact you and to enable communications between and among Users, us and ISN Platform users.

In the process of establishing an Account, we ask you whether we, Users and other ISN Platform users may contact you by email or SMS. You are not required to provide this consent, but not opting in will limit your use of the App and our Services to you.

Promotion

We may use your data to promote our Services and ISN Platforms to you and others.

We use Users’ data and content for invitations and communications promoting engagement, our Services and ISN Platforms.

Developing Services and Research

We may use your data to develop our Services and ISN Platforms and to conduct research.

Service Development

We use data to conduct research and development for our Services and ISN Platforms in order to provide you and others with a better, more intuitive and personalized experience, and drive growth and engagement on our Services and ISN Platforms.

Other Research

We use data to research worksite and industry trends. We may publish or allow others to publish insights, presented as aggregated data.

Surveys

We and others may conduct polls and surveys through our Services and ISN Platforms for the uses set out in this Privacy Policy. You are not obligated to respond to such polls or surveys, and you have choices about the information you provide. Where applicable, you may have the opportunity to opt in to or opt out of survey invitations.

Customer Support

We may use your data to provide support to you and others and identify and resolve issues that may arise.

We may use data (which can include your communications) to investigate, respond to and resolve complaints and other issues (e.g., bugs) regarding the Service and ISN Platform.

Generating Insights

We may use your data to generate insights that do not identify you.

We may use your data to produce and share insights that do not identify you. For example, we may use your data and combine it with other User data to generate statistics about our Users and users of other ISN Platforms, their industries, their HSE, ESG and other statistics or other insights.

Security and Investigations

We may use your data for security, fraud prevention and investigation purposes.

We may use your data (including your communications) for security purposes or to prevent or investigate possible fraud and other unlawful activity, violations of our User Agreement, and/or attempts to harm our Users or others.

Other Uses

We may use your data in other ways.

We may combine data collected from you with other sources to help us improve our products, services, marketing, and communications, as well as to help expand and tailor our interactions with you. This includes combining personal information we obtain through the App with information we obtain through the ISN Platforms, as well as other sources, for the purposes described above. We may anonymize, de-identify, or aggregate personal information and use it for the purposes described above and for other purposes to the extent permitted by applicable law. We also may use personal information for additional purposes that we specify at the time of collection.

Our Services

We may share your data to support our Services and ISN Platforms. Any data that you include in your profile and any content you provide, post or upload may be viewed by others as described below.

Profile and Uploaded Data

Your profile and the content you provide, post or upload to the App, ISNetworld or another ISN Platform may be visible to other Users of our Services and ISN Platforms. In particular, by linking the App with your employer, it and other ISN Platform users will have access to information in your profile or that is uploaded to ISNetworld or another ISN Platform.

Related Services

We may share your data across our different services and ISN affiliated entities.

We may share your data with our affiliates to provide and develop our Services and ISN Platforms and for the other purposes set out in this Privacy Policy.

Service Providers

We may share your data with others to help us provide our Services.

We use service providers to help us provide our Services and to perform services on our behalf (such as maintenance, IT services and support, analysis and analytics, audit, payments, marketing, development, security, ID verification, and background and credit checks). We do not authorize these entities to use or disclose such information except as necessary to perform services on our behalf or comply with legal requirements.

Legal Disclosures

We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us or others.

We also may disclose personal information about you (1) if we are required or permitted to do so by applicable law, regulation, or legal process (such as a court order or subpoena); (2) to law enforcement authorities and other government officials to comply with a legitimate legal request; (3) when we believe disclosure is necessary to prevent physical harm or financial loss to ISN, our employees, customers, or the public as required or permitted by law; (4) to establish, exercise, or defend our legal rights; and (5) in connection with an investigation of suspected or actual fraud, illegal activity, security, or technical issues. We may attempt to notify Users about legal demands for their personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge any or all demands.

5. Data Retention

We retain your data in the App and ISN Platforms while your Account is active. We retain your data that resides in ISN Platforms after your Account is no longer active in accordance with the policies in place for the applicable Platform.

We generally retain your data in the App only so long as you keep your Account active or as otherwise needed to provide our Services. We describe below how we delete and retain your data following Account closure.

For data uploaded through the App and transferred to one or more ISN Platforms, we retain your data in the ISN Platforms in accordance with their data retention and privacy policies.

Account Closure

We retain some of your data even after you close your Account.

We generally delete information relating to closed Accounts that is housed in the App within 30 days of Account closure, except as noted below.

We retain your data in the App even after you have closed your Account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud, abuse and other unlawful or inappropriate activity, enforce our User Agreement, or fulfill and document your deletion, opt-out and cancellation requests. We may also retain de-identified information after your Account has been closed.

Information you have shared with others (e.g., by linking your Account with an ISN Platform) will remain visible within the relevant ISN Platform after you close your Account or delete such information from your Profile or the App. Further, we do not control data that others have copied out of our Services or ISN Platforms and retain elsewhere.

6. Rights and Choices

Subject to applicable law, you may have certain rights and choices in connection with the personal information we obtain about you, such as how we use the information and how we communicate with you.

Subject to applicable law, we provide you choices about the collection, use and sharing of your data, from deleting or correcting data you include in your Profile to offering certain opt-outs and controls. We offer you certain settings to control and manage the personal information we have about you, which are located in the “Profile” section of the App.

For personal information that we have about you, you may have the following rights where provided by applicable law:

Delete data: You can ask us to erase or delete your personal information from the App by canceling your Account. This deletion option is subject to retention considerations discussed above;
Change or correct data: You can edit some of your personal information through your Account. You can also ask us to edit your data in certain cases, particularly if it is inaccurate; and
Access your data: You can ask us for a copy of your personal information.

You may contact us using the contact information below, and we will consider your request in accordance with applicable laws. Residents in certain countries or regions may have additional rights under their laws.

7. Other Important Information

Security

We monitor for and try to prevent security breaches.

We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Cross-Border Data Transfers

We may transfer, store and use your data outside your country.

We may transfer the personal information we collect about you to the United States and other countries outside of the country in which the information originally was collected, including the jurisdictions in which our service providers operate. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will implement appropriate safeguards to help ensure that we protect that information as described in this Privacy Policy and in accordance with applicable law.

If you are located in the EU, United Kingdom (“UK”), or Switzerland, we will comply with legal requirements with respect to providing adequate protection for the transfer of personal information to recipients in countries outside of the EU, UK, or Switzerland that have not been recognized as providing an adequate level of data protection, to the extent such legal requirements are applicable to our processing of your personal information. In this event, we will implement appropriate safeguards, including as appropriate, by executing data transfer agreements based on the European Commission’s Standard Contractual Clauses.

Lawful Bases for Processing

We have lawful bases to gather, use and share data about you. You have choices about our use of your data.

Depending on the purposes for which personal information is used, and the context in which the information is obtained, we rely on one or more of the following legal bases, subject to applicable law:

Performance of a contract or to take steps at your request prior to entering into a contract;
Our legitimate business interests (which we can explain to you in further detail upon request by contacting us as indicated in the Contact Information section below);
Compliance with a legal obligation; or
Your consent to the processing of your personal information, which you can revoke at any time.

Where we process data based on consent, we will ask for your explicit consent. Where we rely on contract, we will ask in our User Agreement that you agree to the processing of personal information that is necessary for entering into or performance of the contract. We will rely on legitimate interests as a basis for data processing where the processing of your data is not overridden by your interests or fundamental rights and freedoms.

Where we rely on your consent to process personal information, you have the right to decline your consent or to withdraw your consent at any time by requesting deletion of your information from the App and closure of your Account; provided, however, that your data that has been transferred to an ISN Platform may, upon a withdrawal of consent, be deleted from such ISN Platform only through the process for deleting data that is in effect for the ISN Platform. If you have any questions about the lawful bases upon which we gather and use your personal information, you may contact our Data Protection Officer at info@isn.com.

Direct Marketing

Our statement regarding direct marketing is below.

We currently do not share personal information with third parties for their direct marketing purposes without your permission.

Contact Information

You can contact us or use other options to resolve complaints.

If you have questions or complaints regarding this Policy, please contact ISN using the information on our Contact Us page. If contacting us does not resolve your complaint, you may have other options. For example, residents in certain countries and other regions may have the right to contact our Data Protection Officer at info@isn.com or other rights under applicable laws.