eMOD welcomes you and wishes to inform you of the terms and conditions governing your use and access to our worksite safety application via our website located at www.domebuildssafely.com or through a platform such as iTunes, or one of our partners, or via our products or services.
These Terms and Conditions apply to all users of eMOD’s safety application designed to promote safe behaviors and work practices (the “Safety Application”), whether such Safety Application is accessed through (i) the eMOD website (the “Website“), (ii) our App for your app-enabled mobile device (“App“), or (iii) through any other features, content, or services offered from time to time by eMOD in connection with the Safety Application (collectively, the “Services“).
This Terms and Conditions Agreement (“Agreement“) sets forth the legally binding terms that govern your use of our Services. By using eMOD’s Services, you agree to be bound by this Agreement, whether or not you have registered with eMOD and set up an Account.
You represent and warrant that by using eMOD’s Services you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software and content, agree to additional terms and conditions.
Amendments. eMOD may modify this Agreement from time to time and such modification shall be effective: (1) immediately for Users who first use the Services after posting of an Amendment by eMOD on the Website, (2) thirty (30) days after posting by eMOD on the Website for existing Users. If you do not agree to a modification, you must cease your use of eMOD’s Services. Continued use of the Services shall constitute your agreement to the terms of Agreement as amended.
Eligibility. By using our Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate and you will maintain the accuracy of such information.
Copyright / Trademark Information. The content, trademarks, logos and designs (“Marks“) displayed on this website or any device, app, or other site are the property of eMOD. You are not permitted to use these Marks without our prior written consent. We reserve all legal rights herein. Copyright © 2018, property of eMOD Construction Corporation.
Password. When you sign up to become a Member, you will be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify eMOD immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
Conditions of Sale.
(a) Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide eMOD with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the product to your customers) at the rates in effect when the charges were incurred.
(b) Geographic Areas. Currently, eMOD does not support for international Products, or provide Services outside of the United States.
Release. To the maximum extent permitted by law, you hereby release eMOD, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, OSHA or other regulatory agency violations and or Client EH&S policy violations (collectively “Claims”), to the extent that such Claims are directly or indirectly related to, or arise from your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Electronic communications. You (a) consent to receive communications from eMOD in an electronic form (through the website, electronic mail, and the App); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that eMOD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
U.S. Export Controls. Content and software available in connection with the Services (the “Software“) is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the content and Software, you represent and warrant that such download or use is not in violation of any such law.
eMOD Construction Corporation
393 East Grand Avenue
South San Francisco, CA 94090
Privacy & Terms Team
Attn: Privacy & Terms Team
Force Majeure. eMOD will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
Effective: 1 January 2019
(a) Information You Provide to Us.
We may collect Personal Data from you, such as your first name, last name, e-mail, phone number, password, and profile picture when you create an account to log in to our network (“Account“).
Our Application(s) let you store your Application preferences. We may associate these choices with your Account or the mobile device, and you can edit these preferences at any time in our Application(s).
When you order our Products or Services on our Site, we, or our payment processors, will collect all information necessary to complete the transaction, including your name, phone number, billing information and shipping information. This information may be shared with third parties who help process and fulfill your purchases.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
We retain information on your behalf, such as files and documents that you store and create using your Account.
When you participate in one of our surveys, we may collect additional profile information.
We may also collect Personal Data at other points in our Site or Application(s) that state that Personal Data is being collected.
(b) Information Collected via Technology.
Information Collected by Our Products. If you use our Products, our Products will collect Pre Task Plan and attendance data.
Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP“) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Information About Your Mobile Device. If you use our Services on your mobile device, including through our Application(s), we may collect the version of iOS used by your device, the signal strength of your mobile device, notifications regarding errors related to your mobile device, and other relevant diagnostics.
Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP“), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to provide, modify, or enhance the Services; analyze trends; administer the Site; track users’ movements around the Site; gather demographic information about our user base as a whole; and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. We may also link this automatically collected data to your Personal Data to identify and fix errors that you experience.
Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, web beacons, or web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.
Mobile Services. We may also collect non-Personal Data from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s) and information about the type of device you use. In addition, in the event our Application(s) crashes on your mobile device, we may receive information about your mobile device model software version and device carrier and associate such information with your Personal Data so that we can identify and fix bugs and otherwise improve the performance of our Application(s).
Use of Your Personal Data
(a) General Use. In general, Personal Data you submit to us, is used to respond to requests that you make, to aid us in serving you better, and to provide the Services to you. We use your Personal Data in the following ways:
facilitate the creation of and secure your Account on our network;
identify you as a user in our system;
provide improved administration of our Site, Application(s) and Services;
provide the Services you request;
improve the quality of experience when you interact with our Site, Application(s), and Services;
track your purchases of our Products;
send alerts, reminders, and other notifications to you (e.g., reminders that a Pre Task Plan should be revised);
send you a welcome e-mail to create an Account;
send you administrative e-mail notifications, such as security, or support and maintenance advisories;
respond to your inquiries related to employment opportunities or other requests;
send newsletters, surveys, offers, and other promotional materials related to our Services and services made available by third parties and for other marketing purposes of eMOD.
(b) User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
(c) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
(a) Users of our Services. When you use the Services, the Food Data you provide, together with your Profile, will be shared with all users of the Services. If you include Personal Data in your Profile, the Food Data you provide will also be Personal Data.
(b) Users. We will share your Personal Data with other users solely for the purpose of providing the Services.
(c) Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site, including fulfilling orders, processing credit card payments, or other functions necessary for our business; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to eMOD. These third party service providers are required not to use your Personal Data other than to provide the services requested by eMOD, and have appropriate contractual controls to bind such third parties.
(g) Information We Don’t Collect or Use. eMOD does not collect any employment eligibility, promotion, or retention; credit eligibility; healthcare treatment eligibility; and insurance eligibility, underwriting, and pricing information via our Site or from Protected Information.
Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:
(b) Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided above.
(c) Location Information. If you do not want location information collected by us, you can disable location services on your mobile device.
(d) Push Notifications. If you wish to stop receiving push notifications for any Application(s), you can use your mobile device’s standard process to turn off push notifications by changing the application settings on your mobile device.
Security. eMOD is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized or unlawful access, use, or disclosure and against accidental loss or destruction of, or damage to, such Personal Data. eMOD has implemented industry-standard electronic means of protecting your Personal Data. We store Personal Data behind a computer firewall, a barrier designed to prevent outsiders from accessing our servers, and we have implemented technology to detect intrusions. We also require you to enter a password to access your account information. In addition, eMOD protects your Personal Data from unauthorized physical access by storing your Personal Data in a controlled facility.
Even though eMOD has taken significant steps to ensure that your Personal Data is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that eMOD cannot fully eliminate security risks associated with Personal Data.
Enforcement. eMOD remains committed to implementing internal processes and procedures reasonably designed to (1) address privacy risks related to the development and management of new and existing products and services for users, and (2) protect the privacy and confidentiality of Protected Data. If you have any questions or suggestions about the security or enforcement of your Personal Data, you can contact us at email@example.com.
eMOD Construction Corporation
393 East Grand Avenue
South San Francisco, CA 94090
Privacy & Terms Team
Attn: Privacy & Terms Team