Privacy Policy

TCS Privacy Policy

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This Privacy Policy (“Privacy Policy”) covers “Personal Information” collected by TCS Mechanical, LLC. and its affiliates and subsidiaries (“TCS,” “we,” and “us”) from and on behalf of clients and their users while providing our services through the Service and the App (each as defined in the TCS Terms of Use) as well as all related websites, downloadable software, and other services provided by us and on which a link to the TCS Terms of Use or the TCS End User License Agreement is displayed (collectively, the “TCS Services”).  The Privacy Policy describes how TCS collects, uses, and discloses personal information.

 

About TCS

The TCS Service provides clients in the construction industry with efficiency and tracking products to monitor and improve performance, productivity, and safety of construction employees.  TCS transmits, processes, and maintains data for clients that use the TCS Service.  Such information will be held subject to the requirements specified by our clients and in accordance with our contracts with our clients and applicable law.

 

This Privacy Policy does not reflect the privacy practices of TCS’s clients, and TCS is not responsible for our clients’ privacy policies or practices.  TCS does not review, comment upon, or monitor our clients’ privacy policies or their compliance with their respective privacy policies, nor do we review our clients’ instructions with respect to our processing of information to determine whether such instructions are in compliance or conflict with the terms of the client’s published privacy policy.

 

Collection and Use of Personal Information through the Service

Directly from Users.  We collect information when a user completes a user profile.  A user may provide personal information, such as name, email address, password, photograph, contact information, and health-related information.  A user may also provide personal information about others, such as emergency contact and next-of-kin information.

 

From Clients.  Clients may provide information, including personal information, to the TCS Service about their personnel.  When providing the TCS Service, TCS maintains personal information collected or provided by our clients using the TCS Service.  It is our clients’ responsibility to ensure that the information they collect is collected and used in compliance with applicable law, including, for example, providing the appropriate level of notice to individuals.

 

Device-Generated Information.  We may also collect movement, positioning, geo-location, heart rate, temperature, and other device-sensor information from a user’s device and combine it with user profile information.  Such information generally is collected while the device is located within a geographic area around the user’s “work site” during the user’s “work day” as specified by the user or client who employs that user.  A user may have the capability to directly when this data is collected.

 

Customer Support.  We may collect personal information through user communications with our customer-support team.

 

Service Usage.  TCS will use information, including personal information and other information described in this Section, as directed by our clients and for internal and service-related purposes.  We may use and retain any data we collect to provide and improve our services.  For example, we may use such information for fraud prevention purposes or to provide the Service or App to you and our clients.

 

Communications.  We may send email to the email addresses provided to us and push notifications to mobile devices, if they are enabled, to verify a user’s account and for informational and operational purposes, such as account management, customer service, or system maintenance.

 

Marketing.  We may use information about users, including personal information, to send email or other communications to transmit information we think may be useful or relevant to them.  Users may be able to opt-out of email marketing by clicking on the opt-out link within the email.

 

Consent.  By using the TCS Service, users authorize us to gather, parse, and retain data related to the provision of the TCS Service.

 

Cookies, Automatic Data Collection, and Related Technologies.  The TCS Service uses “cookies” and other similar technologies to collect and store automatically-generated information when users access the TCS Service.  This information will be used for TCS Service-related purposes, such as to implement user preferences and record anonymous usage statistics.  When we associate such information with personal information, we will treat the combination as personal information.

 

By using the TCS Service, users authorize TCS to collect certain other data including biometrics data, camera images and imaging, and access to file storage. This data collection is needed for the proper functioning of the App, including allowing users to take photographs and/or videos using the camera function and/or access to a smartphone or tablet’s library. Additionally, access to file storage is required to access and/or upload files to the App as may be necessary for the TCS Service. Further, certain biometric data, including but not limited to face authentication and/or fingerprint scanning may be needed to provide users access to secure logins.

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Our third-party partners, such as analytics service providers, also use this technology to collect and store automatically-generated information when users access the TCS Service.  Our partners may collect information about your online activities over time and on other websites or apps.  When they provide such services, they are governed by their own privacy policies.

Users may be able to change browser settings to block and delete cookies when they access the TCS Service through a web browser.  However, if the user does that, the TCS Service may not work properly.

 

Anonymized and Aggregate Data.  We may anonymize or aggregate data collected through the TCS Service and use it for any purpose.

 

Information Sharing and Disclosure

 

Vendors and Service Providers.  TCS may disclose information, including personal information, to our vendors and services providers who assist us in providing the TCS Service.

 

Supervisors.  The TCS Service may disclose certain health-related information, device sensor and geo-location information, and other personal information to a user’s supervisor in some circumstances.  The TCS Service may also display real-time device sensor and geo-location information to supervisors to help them more effectively manage their workforce.

 

Clients.  All information collected by the TCS Service about a user while the user works for a client may be provided to that client, except for information collected about users relating to past work with other organizations.  In addition to raw data, we may provide clients with aggregate reports based on information collected about users.

 

Business-Related Third-Party Services.  At the direction of our clients, we may share information, including personal information, with third parties that provide other services for our clients.  For example, we may share information on behalf of our clients with third-party payroll processing, accounting, and project management systems.

 

Marketing.  We do not rent, sell, or share personal information about users with other people or nonaffiliated companies (except, for clarity, the applicable TCS client) for their direct marketing purposes, unless we have their permission.

 

Other Possible Disclosures.  TCS may disclose personal information when:

• we have permission from a user or client to share the information for a specified purpose;

• we are required to respond to subpoenas, court orders, law enforcement requests, or such other legal process;

• we think it is necessary to protect the safety of the users of our systems or defend the rights or property of TCS; or

• we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of services to another provider.

 

International

TCS uses servers hosted in the United States. Please note that we may be transferring your information outside of your region for storage and processing in the United States and around the globe. By using the TCS Service you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. 

 

Information Retention

Personal information relied upon to provide the TCS Service to users and our clients is retained only for as long as we have a valid business purpose and in accordance with applicable law.  TCS’s retention of personal information maintained as part of the TCS Service is generally governed by service agreements with our clients.  We may retain anonymized or aggregate information indefinitely.

 

Access/Correction

In most cases, TCS obtains personal information on behalf of a client.  To request access to, correction, amendment, or deletion of this personal information, a user should contact the organization (i.e., our client) which provided the data or access to the TCS Service.  The TCS Service may also have functionality to permit users to update some personal information.  For other inquiries, please contact us at info@tcsmech.com.

 

Security

We take steps to ensure that information is treated securely and in accordance with this Privacy Policy.  Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information provided to us.  We do not accept liability for unintentional disclosure.

 

By using the TCS Service or providing personal information to us, users agree that we can communicate with them electronically regarding security, privacy, and administrative issues relating to their use of this website.

 

TCS Is Not Required to Comply with HIPAA.  TCS is NOT providing users or clients with “covered health services” as such term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”).  Any information that provided to us through the TCS Service will NOT be deemed in any way “protected health information,” and as such, TCS shall NOT be obligated to handle that information in the manner required by HIPAA.  Users acknowledge and agree not to assert against TCS any claims arising under HIPAA.

 

Changes and Updates

Posting of Revised Privacy Policy.  We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted.  If users are concerned about how information is used, they should bookmark this page and read this Privacy Policy periodically.

 

New Uses of Personal Information.  From time to time, we may desire to use personal information for uses not previously disclosed in our Privacy Policy.  If our practices change regarding previously collected personal information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.  TCS will continue to process personal information consistent with its obligations to its clients.

 

Contacting TCS

If users have any questions, comments, or concerns about TCS or this Privacy Policy, they can email us at info@tcsmech.com.

 

Postal Mail Address:

897 State Highway 71 W, Bastrop, TX 78602