MOBILEJOBSITE
PRIVACY POLICY

Last modified: January 6, 2015

Introduction

Command Alkon Incorporated (“Company” or “we”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). This Privacy Policy describes the types of Personal Information (defined below) that we may collect in connection with your use of the MOBILEjobsite mobile application (the “App”), and our practices for collecting, using, storing, transferring, processing and disclosing that information. Please read this Privacy Policy carefully to understand our policies and practices regarding our treatment of your Personal Information. By accessing or using this App, you are consenting to the application of this Privacy Policy to your Personal Information, including our collection, storage, use, transfer, and disclosure of your Personal Information as described in this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this App after we make changes is deemed to be an acceptance of those changes, so please check this Privacy Policy periodically for updates.

A principal function of the App is to enable you to communicate with certain third-party construction materials suppliers with which you do business (each a “Supplier”), and to access information relating to your accounts with your Suppliers and your jobs and other transactions with such Suppliers (collectively, “Job Information”). By downloading and using the App, you authorize Company to enable you and your Suppliers to communicate through the App with respect to Job Information, which may result in the transfer between you and the Supplier of your Personal Information, through the App.

Please note that this Privacy Policy applies only to your Personal Information that Company collects from you, your employer, and/or your Suppliers through the App and the associated online platform (the “Platform”). It does not apply to information that Company or its affiliates may collect from you through any other means, including through Company’s or its affiliates’ website(s) or through other applications provided by Company or its affiliates. Please refer to such Company or its affiliates’ websites/applications for their associated privacy policies.

You may use the App to view, and communicate with Suppliers with respect to, your Job Information. The Job Information is maintained by your Suppliers and not by Company. The Job Information may include personal information that you supplied to your Supplier, through your communications through the App, or through other methods or forums. Even though such information may be viewable through the App, please be aware that your Supplier’s collection, handling and processing of Personal Information that you provided to your Supplier may be subject to your Supplier’s privacy policy, and not this Privacy Policy.

Information Collected by Company

• Before you can use the App, a user account (a “User Account”) must be created for you by a Supplier or your employer. The Supplier or your employer will be asked to provide certain information, such as your name, e-mail address, telephone number, employer name and password, and information about the particular project(s) or job(s) for which you are receiving information. This information is used to create your User Account within the App and the Platform.
• While you use the App, Company may collect information from you or about you, including:
  • Information that you or a Supplier provide by filling out forms within the App. This includes information provided at the time of registering to use our App, requesting further services/ information, or requesting to place an order with a Supplier. We also may ask you for information when you report a problem with our App;
  • Records and copies of your correspondence through the App with us or a Supplier;
  • Transactional information based on your activities within the App, such as job site and scheduling data related to your orders placed with a Supplier; and
  • Information about your use of the App, which is collected automatically as you navigate through the App.
• In the manners described above, we collect several types of information from or about you:
  • Information by which you may be personally identified, such as your name, address, e-mail address, telephone number, employer name, and any other information by which you may be contacted online or offline (“Personal Information”);
  • Information that relates to you or your business activities but which does not identify you as an individual, such as information about your Suppliers, and about your account with, or job orders placed with, your Supplier; and
  • Information about the equipment you use to access our App, such as your operating system and version, device type and cellular service or data provider, IP addresses, and usage details, and information about how you use the App.

Information Collected Automatically

As you navigate through and interact with the App, we may use automatic data collection technologies to collect certain information about your equipment and in-App actions and patterns (“User Activity Information”), including (i) details of your use, including traffic data, location data through geo-location technology, logs and other communication data and the resources that you access and use and (ii) information about your mobile device, including your operating system, IP address, and other mobile sign-on data.

The User Activity Information that we collect automatically does not include Personal Information, but we may maintain it or associate it with Personal Information we collect or receive in other ways. It helps us to improve our App and to deliver a better and more personalized service, including by enabling us to estimate our usage patterns, display information you request in your relevant time zone as appropriate, and recognize you when you return to our App.

The technologies we use for this automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your device. We use cookies to help analyze App usage, customize our services, measure App effectiveness, and promote trust and safety. You may refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting, you may be unable to use certain features of our App. Unless you have adjusted your device settings to refuse cookies, our App will issue cookies when you open the App on your device. Other companies’ use of their cookies is subject to their own privacy policies, not this Privacy Policy. Other companies do not have access to our cookies.

We do not use automatic data collection technologies to engage in behavioral tracking. As a result, the App does not respond to “do not track” signals or other similar mechanisms.

How We Use Your Information

We use information that we collect about you, including any Personal Information, for the following:

• To provide, enhance, improve and develop our App and its services, including measuring and improving the App’s content and layout;
• To provide you with information or services that you request from us;
• To resolve disputes and troubleshoot problems;
• To prevent potentially unsafe, prohibited, or illegal activities and enforce this Privacy Policy and any applicable service and licensing agreements between Company and a relevant Supplier and any terms and conditions associated therewith;
• To provide notices to you and your Suppliers about your User Account with Company;
• To carry out our obligations and enforce our rights arising from any contracts related to this App and entered into between you and/or a Supplier and us;
• To notify you about changes to our App or any services that we offer;
• To fulfill any other purpose for which you or a Supplier provide such information;
• To support maintenance operations of the service or for the purpose of diagnosing/resolving any problems that might limit/disrupt the quality of the customers’ experience;
• In any other way we may describe when you provide the information; and
• For any other purpose with your consent.

Use of Your Information to Communicate with You

We may use your Personal Information to communicate with you about the App or your User Account, including by e-mail, text messages, in-app notifications, and other forms of communication. In certain cases, you may be able to opt out of receiving such communications.

We may use your Personal Information to respond to communications from you, including to respond to your requests for information or updates related to the App and information provided through the App. We also may send you administrative communications relating to your User Account, such as communications for the purpose of account recovery or resetting a password. These communications are considered part of your User Account, and you may not be able to opt-out from receiving such communications. We will never e-mail you to ask for your password or other User Account information. If you receive such an e-mail, do not reply with your User Account information, and please forward the e-mail to us at mcsupport@commandalkon.com.

Disclosure of Your Information

We may disclose information that we collect from or about you, including but not limited to Personal Information, to the following:

• Our affiliates;
• Third parties, such as contractors, service providers, consultants and other agents (“Service Providers”), that provide assistance to our business and the operation and maintenance of the App. Service Providers with whom we share such information generally are bound by confidentiality obligations, and, unless we tell you differently, our Service Providers do not have any right to use the information we share with them beyond the scope and duration of what is necessary to assist us;
• To fulfill the purpose for which you provided such information, including disclosing information regarding you and your job orders to your Suppliers, and to facilitate communications between you and the Suppliers;
• To a buyer or other successor of Company or any of our affiliates in the event of an acquisition, merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s or any of our affiliates’ equity or assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceedings, in which Personal Information relating to users of the App which is held by Company is among the assets transferred;
• For any other purpose disclosed by us when you provide the information; and
• For any purpose with your consent. For example, we may share your information with third parties to whom you explicitly ask us to send your information. If you ask us to release information that we have about your Account, we will do so if it is reasonable and not unduly burdensome.

Notwithstanding any other provisions of this Privacy Policy, we also reserve the right to access, preserve and disclose any information, including, but not limited to, Personal Information, as we reasonably believe is necessary, in our sole and absolute discretion: (i) to respond to legal requirements, including complying with any court order, law or legal process and responding to any government or regulatory request, including responding to law enforcement or other government officials in response to a verified request relating to a criminal investigation or alleged illegal activity; (ii) to enforce or apply our policies and agreements; (iii) to detect, prevent or otherwise address fraud, security, trust and safety or technical issues; (iv) to respond to user support requests; or (v) to protect the rights, property, health or safety of Company, our users, any third parties or the public in general.

We may create aggregate information about our users and their use of the App, which information does not identify any particular user. We use this aggregated information to monitor and improve our products. We also may disclose this anonymized, aggregated information to people and entities with whom we do business, to our investors, and to market our products and services.

In-App Orders and Credit Card Information

The App provides the opportunity to request additional orders for construction materials and other products from a Supplier and to engage in other transactions with a Supplier. When placing such an order through the App, you will be asked for information related to your order, such as the particular product you wish to receive, scheduling details related to the delivery of your order, the location of the job site to which the delivery should be made, and any other necessary information or information that you wish to provide to aid in facilitating your request. Such information will be collected through the App and shared with the Supplier from which you are requesting such order.

However, the App will not collect, and does not desire to receive, any credit card information. When necessary for payments related to your order, your credit card information will be collected and processed outside of the App, by the applicable Supplier and/or its third-party payment processor, both of which are not owned, controlled, employed or managed by Company. This Privacy Policy does not govern the practices of the Suppliers and their third-party payment processors, and, if you disclose your information to a Supplier or its third-party payment processor, different rules may apply to their use and disclosure of the information you disclose to them. You acknowledge that if you provide information to the Suppliers or their third-party payment processors, that information will be subject to their user agreements, terms and conditions of sale, privacy policies and other applicable policies and agreements, which may differ from this Privacy Policy. We are not responsible for the policies of the Suppliers or their third-party payment processors.

Accessing and Correcting Your Information

You may edit certain information, including your name and the password associated with your User Account, at any time by logging into the App and visiting your User Account settings. If you wish to edit any other information associated with your User Account, or delete your User Account from the Platform, please contact us by email at mcsupport@commandalkon.com, or where available, select the “delete” feature in the App setting on your device. Such deletion of the User Account from the Platform will not delete your customer account with, or Job Information held by, Supplier.

Third Parties

You may be given the opportunity to elect to access and use third party service or applications (“Third Party Services”) through the App. This Privacy Policy addresses only Company’s collection, use and disclosure of information collected by Company from you or a Supplier through the App. It does not apply to the practices of third parties that we do not own, control, employ or manage, including, but not limited to, any Third Party Services. If you disclose your information to a Third Party Service, including through the App, different rules may apply to that third party’s use or disclosure of the information you disclose to that third party. You acknowledge that if you provide information to third parties, that information will be subject to the privacy policies and user agreements associated with those Third Party Services, which may differ from this Privacy Policy. We are not responsible for the content, user agreements or privacy policies of Third Party Services.

Some content or applications within the App are served by third parties, including content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our App. The information they collect may be associated with your personal information. We do not control these third parties’ tracking technologies or how they may be used.

Children

Our App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. No one under age 13 may provide any information to the App, including, for example, a name, telephone number or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. Further, your Account may be terminated without warning if we believe that you are under 13 years of age. If you believe we might have any information from or about a child under 13 years of age, please contact us at mcsupport@commandalkon.com.

Security

Information provided through the creation of your User Account is protected by a password for your privacy and security. You are responsible for keeping this password confidential. It is important that you prevent unauthorized access to your User Account and information by using a unique, secure, and protected password and limiting access to your password and your device. You should not share your password with any third party, or allow any third party to access the App using your password.

Unfortunately, information transmitted through the internet or other communication networks may not be completely secure, and third parties may unlawfully intercept or access transmissions or private communications. Although we work hard to protect your privacy, we cannot guarantee the security of information or that your Personal Information or private communications always will remain private. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Any transmission of Personal Information is at your own risk, and we are not responsible for the circumvention of any privacy settings or security measures contained within the App.

California Privacy Rights

California Civil Code Section 1798.83 permits certain users of our App to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If you are a customer within the meaning of Section 1798.83 (i.e. an individual person who is a California resident and who provided personal information to us and your business relationship with us is primarily for personal, family or household purposes), you may have the right to make such a request. To make a request, please send an e-mail to mcsupport@commandalkon.com or write us at MOBILEconnect Business Unit, 1800 International Park Drive, Suite 400, Birmingham, AL 35243.

Changes to the Privacy Policy

We may amend this Privacy Policy at any time by posting the amended Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of this Privacy Policy. All amended terms automatically take effect after they are initially posted on this page, unless a change in any applicable law requires immediate amendment. You are responsible for periodically checking this Privacy Policy for any changes.

Questions & Concerns

If you have any questions or concerns regarding this Privacy Policy, please contact us at: mcsupport@commandalkon.com.