Safe Harbor Privacy Policy | Definitions & inclusions

This Privacy Policy was last modified on April 14, 2016.

Brand Energy & Infrastructure Services and its U.S. subsidiaries and affiliates (collectively, “Brand”) respect your concerns about privacy.  Brand has certified that it abides by the Safe Harbor privacy principles as set forth by the U.S. Department of Commerce regarding the collection, storage, use, transfer and other processing of certain Personal Data transferred from the European Economic Area (“EEA”) or Switzerland to the United States.  This Policy outlines our general policy and practices for implementing the Safe Harbor privacy principles for Personal Data of Covered Persons and Employees (as these terms are defined below). While the Safe Harbor framework is no longer considered a valid data transfer mechanism in the EEA, Brand continues to comply with relevant principles of the Safe Harbor.


For purposes of this policy:

“Brand Group” means the global subsidiaries and affiliates of Brand Energy & Infrastructure Services, Inc. 

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

“Customer” means any entity that obtains goods or services from the Brand Group 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 Brand Group, who is located in the EEA or Switzerland. 

“Personal Data” means any information, including Sensitive Personal Data, that (i) is transferred to Brand in the U.S. from the EEA or Switzerland, (ii) is recorded in any form, (iii) relates to an identified or identifiable Covered Person or Employee, and (iv) can be linked to that Covered Person or Employee.

“Sensitive Personal 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. 

Brand’s Safe Harbor certification can be found at https://safeharbor.export.gov/list.aspx.  For more information about the Safe Harbor principles, please visit http://www.export.gov/safeharbor.  For more information about Brand’s processing of Personal Data collected at http://www.beis.com (the “Site”), please visit Brand’s Privacy Policy.    

Personal Data Brand Obtains

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

  • supplying our 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 our services;
  • operating, evaluating and improving our business (including developing new services; enhancing and improving our services; managing our communications; analyzing our 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 our policies.

In addition, Brand obtains and processes Personal Data about its Employees when carrying out and supporting administrative and human resources functions and activities for the Brand Group, including:

  • recruiting and hiring job applicants;
  • administering Employee benefits;
  • managing Employee headcount;
  • managing Employee communications;
  • managing and evaluating Employee performance;
  • determining Employee compensation;
  • managing Employee temporary or permanent relocation;
  • administering Employee training and learning management;
  • administering Employee discipline and termination;
  • for other general human resources purposes; and
  • complying with and enforcing applicable legal requirements, relevant industry standards and our policies. 

Brand also obtains and processes Personal Data about Employees’ emergency contacts and other individuals (such as dependents and beneficiaries) to the extent our Employees provide the information to us.  We process this information to comply with our legal obligations and for internal administrative purposes.  

Brand’s practices regarding the collection, storage, use, transfer, and other processing of Personal Data comply, as appropriate, with the Safe Harbor principles of notice, choice, onward transfer, access, security, data integrity, and enforcement and oversight.


Notice

Brand notifies Covered Persons and Employees about the purposes for which it collects and uses Personal Data, the types of third parties to whom Brand discloses the Personal Data, the choices Covered Persons and Employees have for limiting the use and disclosure of their Personal Data, and how to contact Brand about its practices concerning Personal Data.  Brand provides information in its Privacy Policy available here regarding its practices related to Personal Data collected on the Site.

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

Choice

We offer Covered Persons the opportunity to choose whether Brand may (i) disclose their Personal Data to certain third parties or (ii) use their Personal Data for purposes incompatible with the purposes for which the information was originally collected or subsequently authorized by the individual.  Covered Persons and Employees may contact Brand as indicated below regarding the company’s use or disclosure of their Personal Data. 

We may disclose Personal Data without offering an opportunity to opt out (i) to service providers we have retained to perform services on our behalf, (ii) if required to do so by law or legal process, (iii) to law enforcement or other government authorities, or (iv) when Brand believes disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity.  Brand also reserves the right to transfer Personal Data in the event it sells or transfers all or a portion of its business or assets (including in the event of a reorganization, dissolution or liquidation).  Should such a sale or transfer occur, Brand will use reasonable efforts to direct the transferee to use the Personal Data in a manner that is consistent with Brand’s privacy policies.  Brand uses Personal Data only for the purposes indicated in this Policy unless it has a legal basis, such as consent, to use it for other purposes.  To the extent required by law, Brand obtains prior opt-in consent at the time of collection for the processing of Sensitive Personal Data. 

Onward Transfer of Personal Data

Brand may share Personal Data with third parties as indicated in the “Choice” section above.  Except as permitted or required by applicable law, Brand requires third partiesto whom it discloses Personal Data and who are not subject to the European Union Data Protection Directive 95/46 or an adequacy finding to either (i) subscribe to the relevant Safe Harbor principles or (ii) contractually agree to provide at least the same level of protection for Personal Data as is required by the relevant Safe Harbor principles. 

Access

Where appropriate, Brand provides Covered Persons and Employees with reasonable access to the Personal Data Brand maintains about them.  Brand also provides a reasonable opportunity for Covered Persons and Employees to correct, amend or delete that information where it is inaccurate, as appropriate.  Brand may limit or deny access to Personal Data where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Safe Harbor principles.  The right to access Personal Data also may be limited in some circumstances by local law requirements.  Covered Persons and Employees may request access to their Personal Data by contacting Brand as indicated below.

Security

Brand takes reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. 

Data Integrity

Brand takes reasonable steps to ensure that the Personal Data the company processes are (i) relevant for the purposes for which they are to be used,(ii) reliable for their intended use, and (iii) accurate, complete and current.  In this regard, Brand depends on Covered Persons and Employees to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the individuals.  Covered Persons may contact Brand as indicated below to request that Brand update or correct relevant Personal Data.  Employees may use the Oracle HR Self Service to update or correct their Personal Data.

Enforcement and Oversight

Brand has established procedures for periodically verifying implementation of and compliance with the Safe Harbor principles.  Brand conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions the company makes about its privacy practices are true and that the company’s privacy practices have been implemented as represented. 

Covered Persons may file a complaint concerning Brand’s processing of their Personal Data with Brand’s Legal Department, whose contact information is below.  Employees may file a complaint concerning Brand’s processing of their Personal Data with Brand’s Human Resources Department.  Brand will take steps to remedy any issues arising out of a failure to comply with the Safe Harbor principles.  Please contact Brand as specified below to address any complaints regarding the company’s Personal Data practices.

If a Covered Person complaint cannot be resolved through Brand’s internal processes, Brand will cooperate with JAMS in accordance with the JAMS Safe Harbor Program, which is described on the JAMS website at http://www.jamsadr.com/safeharbor/.  JAMS or the Covered Person may also refer the matter to the U.S. Federal Trade Commission, which has Safe Harbor enforcement jurisdiction over Brand.

If an Employee complaint cannot be resolved through Brand’s internal processes, Brand will cooperate with the relevant EEA or Swiss data protection authority, as appropriate.


How to Contact Brand

To contact Brand with questions or concerns about this Safe Harbor Privacy Policy or Brand’s practices concerning Personal Data:

 

Write to:

Brand Energy & Infrastructure Services, Inc.
Attention: Legal Department
1325 Cobb International Drive
Kennesaw, GA 30152
Email: privacy@beis.com


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