EU-U.S. Privacy Shield: Covered Person Privacy Policy

Last Updated: December 28, 2017

Brand Industrial Services, Inc. and its U.S. subsidiaries and affiliates listed in Schedule 1 (collectively, “BrandSafway”) respect your concerns about privacy. BrandSafway participates in the EU-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce. BrandSafway commits to comply with the Privacy Shield Principles with respect to Covered Person Personal Data the company receives from the EU in reliance on the Privacy Shield. This Policy describes how BrandSafway implements the Privacy Shield Principles for Covered Person Personal Data.

For purposes of this Policy:

"BrandSafway" means the global subsidiaries and affiliates of Brand Industrial Services, Inc.

"Covered Person" means any natural person who is located in the EU, but excludes any individual acting in his or her capacity as an Employee.

"Controller" means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

"Customer" means any entity that obtains goods or services from the BrandSafway, including, but not limited to, goods or services related to work access, industrial coatings, industrial insulation, fireproofing, refractory, forming & shoring, CUI management, hot tapping, line isolation, and cathodic protection.

"Employee" means any current, former or prospective employee, including any temporary worker, intern, other non-permanent employee, contractor or consultant of the BrandSafway, who is located in the EU.

"EU" means the European Union and Iceland, Liechtenstein and Norway.

"Personal Data" means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by BrandSafway in the U.S. from the EU, and (iii) recorded in any form.

"Privacy Shield Principles" means the Principles and Supplemental Principles of the Privacy Shield.

"Processor" means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.

"Sensitive Data" means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.

BrandSafway’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/. For more information about Personal Data processing on www.brandsafway.com (the "Site"), please visit BrandSafway’s Privacy Policy.

Types of Personal Data BrandSafway Collects

BrandSafway may obtain and process certain Personal Data about Covered Persons, such as contact information, in connection with:

  • supplying goods or services;
  • processing business transactions and related activities;
  • managing Customer, supplier and vendor relationships;
  • responding to Covered Persons’ inquiries or communicating with Covered Persons about questions or comments;
  • Covered Persons’ use of the Site;
  • enforcing contractual terms and conditions or defending against claims and lawsuits;
  • marketing services;
  • operating, evaluating and improving BrandSafway’s business (including developing new services; enhancing and improving services; managing communications; analyzing services; and performing accounting, auditing, financial and economic analyses, and other internal functions);
  • protecting against, identifying and preventing fraud and other unlawful activity, investigating incidents or defending claims and other liabilities; and
  • complying with and enforcing applicable legal requirements, relevant industry standards and BrandSafway policies.

The types of Personal Data BrandSafway collects about Covered Persons includes:

  • name, contact information and other business identification details; and
  • information obtained via the Site, such as IP address.

BrandSafway also may obtain and use Covered Person Personal Data in other ways for which BrandSafway provides specific notice at the time of collection.

BrandSafway’s privacy practices regarding the processing of Covered Person Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.

Notice

BrandSafway provides information in this Policy and the Privacy Policy about its Covered Person Personal Data practices, including the types of Personal Data BrandSafway collects, the types of third parties to which BrandSafway discloses the Personal Data and the purposes for doing so, the rights and choices Covered Persons have for limiting the use and disclosure of their Personal Data, and how to contact BrandSafway about its practices concerning Personal Data.

Relevant information also may be found in notices pertaining to specific data processing activities.

Choice

BrandSafway generally offers Covered Persons the opportunity to choose whether their Personal Data may be (i) disclosed to third-party 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 Covered Person. To the extent required by the Privacy Shield Principles, BrandSafway obtains opt-in consent for certain uses and disclosures of Sensitive Data. Covered Persons may contact BrandSafway as indicated below regarding the company’s use or disclosure of their Personal Data. Unless BrandSafway offers Covered Persons an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.

BrandSafway shares Covered Person Personal Data with its affiliates and subsidiaries, including those listed in Schedule 1. BrandSafway may disclose Covered Person Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. BrandSafway also reserves 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).

Accountability for Onward Transfer of Personal Data

This Policy and the Privacy Policy describe BrandSafway’s sharing of Covered Person Personal Data.

Except as permitted or required by applicable law, BrandSafway provides Covered Persons with an opportunity to opt out of sharing their Personal Data with third-party Controllers. BrandSafway requires third-party Controllers to whom it discloses Covered Person Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Covered Person, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify BrandSafway and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.

With respect to transfers of Covered Person Personal Data to third-party Processors, BrandSafway (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with BrandSafway’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify BrandSafway if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. BrandSafway remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless BrandSafway proves that it is not responsible for the event giving rise to the damage.

Security

BrandSafway takes reasonable and appropriate measures to protect Covered Person Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.

Data Integrity and Purpose Limitation

BrandSafway limits the Covered Person Personal Data it processes to that which is relevant for the purposes of the particular processing. BrandSafway does not process Covered Person Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Covered Person. In addition, to the extent necessary for these purposes, BrandSafway takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, BrandSafway relies on its Covered Persons to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Covered Persons may contact BrandSafway as indicated below to request that BrandSafway update or correct relevant Personal Data.

Subject to applicable law, BrandSafway retains Covered Person Personal Data in a form that identifies or renders identifiable the relevant Covered Person only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Covered Person.

Access

Covered Persons generally have the right to access their Personal Data. Accordingly, where appropriate, BrandSafway provides Covered Persons with reasonable access to the Personal Data BrandSafway maintains about them. BrandSafway also provides a reasonable opportunity for those Covered Persons to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. BrandSafway may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Covered Person’s privacy in the case in question, or where the rights of persons other than the Covered Person would be violated. Covered Persons may request access to their Personal Data by contacting BrandSafway as indicated below.

Recourse, Enforcement and Liability

BrandSafway has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. BrandSafway conducts an annual self-assessment of its Covered Person Personal Data practices to verify that the attestations and assertions BrandSafway makes about its Privacy Shield privacy practices are true and that BrandSafway’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.

Covered Persons may file a complaint concerning BrandSafway’s processing of their Personal Data. BrandSafway will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Covered Persons may contact BrandSafway as specified below about complaints regarding BrandSafway’s Covered Person Personal Data practices.

If a Covered Person’s complaint cannot be resolved through BrandSafway's internal processes, BrandSafway will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at www.jamsadr.com/international-mediation-rules. JAMS mediation may be commenced as provided for in the relevant JAMS rules. The mediator may propose any appropriate remedy, such as deletion of the relevant Personal Data, publicity for findings of noncompliance, payment of compensation for losses incurred as a result of noncompliance, or cessation of processing of the Personal Data of the Covered Person who brought the complaint. The mediator or the Covered Person also may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over BrandSafway.Under certain circumstances, Covered Persons also may be able to invoke binding arbitration to address complaints about BrandSafway’s compliance with the Privacy Shield Principles.

How to Contact BrandSafway

To contact BrandSafway with questions or concerns about this Policy or BrandSafway’s Covered Person Personal Data practices:

Email: privacy@beis.com

Write to:

Brand Industrial Services, Inc.
Attention: Legal Department
1325 Cobb International Drive
Kennesaw, Georgia 30152

or

Brand Industrial Services, Inc.
Attention: Legal Department
Regent Park, 299 Kingston Road,
Leatherhead, Surrey, KT22 7SG

Schedule 1

BrandSafway’s U.S. affiliates and subsidiaries certifying to the Privacy Shield:
All-American Scaffold, LLC
Aluma Systems Concrete Construction of California, Inc.
Aluma Systems Concrete Construction, LLC
Industrial Specialists, LLC
BrandSafway Solutions, LLC
Brand Energy Solutions LLC
Brand Services, LLC
Brand Energy Services LLC
Brand Scaffold Services, Inc.
Brand Energy Services of California, Inc.
CL Coatings, Inc.
CL Coatings, LLC
Gregg Industrial Insulators, Inc.
HSG Constructors, LLC
Industrial Coatings & Fire Proofing, Inc.
Industrial Coatings & Fire Proofing, LLC
Industrial Specialists of California, Inc.
Industrial Specialty Services, LLC
Industrial Sourcing Solution, LLC
Merico Abatement Contractors, Inc.
Merritt Safety and Environmental Management Corporation
Empire Refractory Services of Ohio, LLC
Matcor, Inc.
MobleySafway Solutions, LLC
New England Scaffolding & Services, LLC
North American Coatings, LLC
Redi Energy Services, Inc.
Redi Insulation, LLC
Redi Solutions, LLC
S&E Bridge & Scaffolding, LLC
Safeworks, LLC
Safway Atlantic, LLC
Safway Group Holding LLC
Safway Services, LLC
Scaffold Installation, LLC
SEI Coatings, LLC
Swing Staging, LLC