Dome Construction Corporation Terms and Conditions of Use

Dome Construction Corporation (“Dome“) 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 Dome’s safety application designed to promote safe behaviors and work practices (the “Safety Application”), whether such Safety Application is accessed through (i) the Dome 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 Dome 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 Dome’s Services, you agree to be bound by this Agreement, whether or not you have registered with Dome and set up an Account.

BY USING THE WEBSITE OR APP AND THE SERVICES OFFERED ON THE WEBSITE AND APP, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE Dome PRIVACY POLICY AND WARRANTY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY AND WARRANTY, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR APP AND THE SERVICES OFFERED.

You represent and warrant that by using Dome’s Services you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.

  1. 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.

  2. Amendments. Dome 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 Dome on the Website, (2) thirty (30) days after posting by Dome on the Website for existing Users.  If you do not agree to a modification, you must cease your use of Dome’s Services. Continued use of the Services shall constitute your agreement to the terms of Agreement as amended.

  3. 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.

  4. Privacy Policy. All users submitting personal information must agree to our Privacy Policy, which can be accessed via this link

  5. 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 Dome. You are not permitted to use these Marks without our prior written consent. We reserve all legal rights herein. Copyright © 2018, property of Dome Construction Corporation.

  6. Terms of Service. These Terms of Use shall remain in full force and effect while you use our products and services. You may delete your Account at any time, for any reason. Dome MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 4-5 and 9-15 of this Terms of Use will remain in effect. You understand that termination of this Terms of Use and your Account involves deletion of your Dome profile information from our live databases as well as any content, personal information, and services details that you uploaded to the Dome Website or App using such Account. Dome will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

  7. 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 Dome 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.

  8. 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 Dome 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, Dome does not support for international Products, or provide Services outside of the United States.

  9. Release. To the maximum extent permitted by law, you hereby release Dome, 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.”

  10. Indemnity. You agree to defend, indemnify, and hold Dome, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of these Terms of Use and/or arising from your breach of any provision of these Terms of Use.

  11. Electronic communications.  You (a) consent to receive communications from Dome 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 Dome 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.

  12. 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.

  13. Governing Law and Arbitration. These Terms of Use shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Dome agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Francisco, California (USA) and the federal courts located in the Northern District of California (USA) in such legal action or proceeding.

  14. Relationship of Parties. You and we are independent contractors, and nothing in These Terms of Use will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf.

  15. Notices. Dome may give any notice required by these Terms of Use by means of a general notice on the Website, electronic mail to your e-mail address on record with Dome, or by written communication sent by first class mail or pre-paid post to your address on record with Dome. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Dome, addressed (such notice shall be deemed given when received by Dome) at any time at the following:

    Dome Construction Corporation
    393 East Grand Avenue
    South San Francisco, CA 94090
    Privacy & Terms Team
    info@buildsafely.com
    Attn: Privacy & Terms Team
    650-416-5600

  16. Force Majeure. Dome 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.”

  17. Other. These Terms of Use is accepted upon your use of the Website or App or any of the Services or when you register to become a Member. These Terms of Use, including the Warranty and Privacy Policy which are incorporated by reference, constitutes the final, complete and exclusive agreement between you and Dome regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of These Terms of Use is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Dome to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The parties of these Terms of Use have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding these Terms of Use.

Dome Construction Corporation Privacy Policy

Effective:  1 January 2018

Dome Construction Corporation (“Dome“) welcomes its users and respects their privacy. This Privacy Policy informs you of our policies and practices regarding the collection, use, access, storage and disclosure of any personal information you submit to us including by accessing our services 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.

  1. User Consent. By submitting personal information to us, you agree to the terms of this Privacy Policy. In addition, for certain products or services, we may further confirm your consent by asking you to expressly consent to the collection, processing, storage and use of your personal information according to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please refrain from using our products or accessing our services.

  2. Dome Products and Services. Dome develops safety application designed to promote safe behaviors and work practices (the “Safety Application”),. The Safety Application includes online and off-line services and applications including via our software mobile, tablet, desktop, our sensor devices (“Application(s)“) and any other websites or platforms which link to this Privacy Policy and our Application(s) (collectively, the “Site“) and the online services that we provide to users of our Products and our Application(s) (“Services“).

  3. Collected Information.

    (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.

    • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

    • 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.

    • Collection of Data by Advertisers. Dome does not sell any Personal Data to advertising platforms, data brokers, or information resellers. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.

    • 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).

    • Push Notifications. If you consent to receiving push notifications on your mobile device, we will send push notifications to your mobile device through services such as Apple’s Push Notification Service for iOS devices. This service is a standard feature of the iOS mobile device operating system. The privacy policy of the applicable service provider governs the access, use and disclosure of your Personal Data obtained from your use of these services.

    • Analytics Services. We use third party analytics services, including but not limited to Google Analytics (“Analytics Services“), to help analyze how users use our Site and Services. We use the information we get from Analytics Services only to improve our Site and Services. The information generated by the Cookies or other technologies about your use of our Site and Services (the “Analytics Information“) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at contactus@domebuilds.com.

  4. 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 Dome.

    (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.

  5. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

    (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 Dome. These third party service providers are required not to use your Personal Data other than to provide the services requested by Dome, and have appropriate contractual controls to bind such third parties.

    (d) Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates“), in which case we will require our Affiliates to honor this Privacy Policy.

    (e) Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us subject to these same commitments and will assume the rights and obligations regarding your previously collected Personal Data as described in this Privacy Policy.

    (f) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Dome may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation with a lawful government request, regulatory requirement, legal order, or similar obligation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Dome; (c) to protect or defend the rights or property of Dome or its users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation the law, this Privacy Policy, or our Terms of Use.

    (g) Information We Don’t Collect or Use. Dome 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.

  6. Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:

    (a) Email Communications. We may periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

    (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.

  7. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at www.BuildSafely.com and we will change the “Last Updated” date above. In addition, when a material change is made to the Privacy Policy, we will notify you via an Enhanced Notice as set forth below. You should consult this Privacy Policy regularly for any changes.

  8. Enhanced Notice and Express Consent. For new users, Dome provides notice of this Privacy Policy before installing the Dome mobile application, as part of the process of downloading the Dome application to a device; at the time that the Dome Site or Services are opened for the first time; at the time Personal Data is collected; or in the device or application settings that are presented to the user upon using the Site or Services for the first time; or in other ways to obtain Express Consent (in each case, an “Enhanced Notice”). For existing users, Enhanced Notice of any material change to these Privacy Policy terms will include thirty (30) days after Dome provides notice on the Site; or if the modifications are material, thirty (30) days after Dome provides an email update notice summarizing the changes we are making, and how the changes would affect you and your accounts on our Site or Applications, and the continued use of the Services thereafter, which shall constitute the acceptance of the changes.

  9. Security. Dome 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. Dome 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, Dome protects your Personal Data from unauthorized physical access by storing your Personal Data in a controlled facility.

    Except as provided elsewhere in this Privacy Policy, Dome limits access to Personal Data in electronic databases to those persons (including employees and contractors) in Dome’s organization who have a business need for such access. Lastly, we conduct periodic internal audits and vulnerability scans to ensure compliance with these security measures and generate security incident logs that track Information useful in screening for attempted abuse of or unauthorized access to your Personal Data.

    Even though Dome has taken significant steps to ensure that your Personal Data is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that Dome cannot fully eliminate security risks associated with Personal Data.

  10. Enforcement. Dome 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 contactus@domebuilds.com.

  11. Questions; Contacting Dome; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or email:

    Dome Construction Corporation
    393 East Grand Avenue
    South San Francisco, CA 94090
    Privacy & Terms Team
    info@buildsafely.com
    Attn: Privacy & Terms Team
    650-416-5600