Privacy Policy
Heavy Construction Systems Specialists, LLC, together with its affiliates and subsidiaries (including Redwit SAS), (“HCSS”) is a pioneer and leader in the construction software industry with headquarters in Sugar Land, Texas. HCSS values your privacy and is committed to protecting your privacy and maintaining your trust. Please read this Privacy Policy carefully to understand HCSS’s policies and practices regarding treatment of your Personal Data. By using or accessing the Services in any manner, you acknowledge, accept, and consent to HCSS’s practices and policies described in this Privacy Policy.
Table of Contents
- Scope of Privacy Policy
- HCSS’s Role
- Collection and Types of Personal Data
- Use of Personal Data
- Legal Bases for Processing Your Personal Data
- Sharing Personal Data Outside of HCSS
- International Data Transfers and the Data Privacy Framework
- Children’s Privacy
- Security
- Data Retention
- Third-Party Products, Services, or Applications
- Your Privacy Rights and Choices
- Exercising Your Right to Opt-Out of the “Sale” or “Sharing” of Your Personal Data – California Residents Only
- Global Privacy Control
- Cookie and Related Technologies
- Location Information
- Updates to the Privacy Policy
- Contact HCSS
Scope of Privacy Policy
This Privacy Policy describes HCSS’s practices for collecting, using, storing, sharing, disclosing, and processing Personal Data in connection with your use of HCSS’s products, services, websites, applications, devices, social media pages, marketing activities, and other activities described in this Privacy Policy, or when other businesses provide your Personal Data to HCSS (collectively, the “Services”). This Privacy Policy also describes how HCSS uses and protects Personal Data collected through offline communications (e.g., phone calls or site visits) and conferences, trade shows, and other events. “Personal Data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person and includes information referred to as “personal information” or “personally identifiable information” under applicable data privacy laws, rules, or regulations. Personal Data does not include information that is de-identified, aggregated, or anonymized as defined by applicable law.
HCSS’s Role
Depending on the circumstance, HCSS may be the data controller or the data processor/service provider for the purposes of processing your Personal Data. Generally, HCSS acts as a data processor/service provider and will only process your Personal Data on behalf of and as instructed by HCSS’s customers, which may be your employer. Use of HCSS’s products and services is governed by a separate agreement, that includes data processing terms. HCSS’s customer that entered into such agreement with HCSS controls the use, access, and processing associated with HCSS’s products and services. If you have been granted access to HCSS’s products or services as a user, please contact the customer that has granted you access with any questions regarding the Personal Data being processed. HCSS may act as a data controller when HCSS processes Personal Data for its own purposes and outside the instruction of its customers, including Personal Data that is collected and processed via one of its websites and Personal Data that is collected and processed for managing relationships with its customers.
Collection and Types of Personal Data
HCSS collects Personal Data that you or your representative provide to HCSS, either by creating an HCSS account, using one of HCSS’s website, requesting information about or using the Services, contacting HCSS’s customer service, engaging with HCSS’s social media accounts, or otherwise interacting with HCSS (e.g., at conferences and trade shows). Generally, this information is requested when you are asked to register for an account with HCSS, subscribe to e-mail newsletters, complete an online form, download resource information, sign up for an HCSS event, or request information about or purchase HCSS’s products or services. When HCSS’s customers use the products or services, they may provide Personal Data about their employees and users directly to HCSS. HCSS often processes Personal Data on behalf of HCSS’s customers subject to a written agreement. In such a case, HCSS acts as the data processor, and HCSS’s customers are the data controller for what Personal Data is collected and how that Personal Data is used and disclosed.
HCSS may collect data about you from third parties. HCSS may obtain your work contact information from third party data suppliers or joint marketing partners to contact you with communications containing promotions, customer stories, HCSS news and updates, or thought leadership. HCSS may also get your information from publicly available sources and social networking sites, like LinkedIn or your organization’s website.
The types of Personal Data HCSS may collect and/or process include, but are not limited to, your: (i) contact information (e.g., name, postal address, email address, and phone number); (ii) professional information (e.g., organization name, job role, date of hire, supervisor, employee number, and certifications); (iii) transaction information (e.g., billing address and your organization’s purchase or license of the products or services); (iv) login information (e.g., username, password, and HCSS ID); (v) Internet and device information (e.g., IP address, device identifiers, device type, operating system type and version, browser type, geolocation, connection type); (vi) Internet service provider and cookies; (vii) photos or videos used as part of the products or services; (viii) behavior information (e.g., product interest); (ix) any information that you upload to the websites and/or input into your account; and (x) any other information you may voluntarily provide to HCSS. HCSS utilizes credit card payment processors for credit card purchases and does not store any credit card information (other than confirmation that a credit card payment has been made).
Use of Personal Data
HCSS may use your Personal Data in the following ways: (i) performance of agreements with you and/or your employer; (ii) fulfilling orders related to HCSS’s products and services; (iii) creating an HCSS account; (iv) offering and providing you with a newsletter subscription, surveys, contests, and other special offers; (v) customer testimonials, endorsements, and referrals; (vi) marketing, research, and data analysis; (vii) contacting you about other products and services and events; (viii) providing, monitoring, and updating the Services; (ix) improving HCSS’s Services, including the content and functionality of the Services; (x) administering online education; (xi) answering and responding to your questions and requests, including providing customer service; (xii) event management; (xiii) security and fraud prevention; (xiv) complying with applicable laws and legal obligations; and (xv) carrying out any other purpose disclosed to you at the time the Personal Data was collected.
Legal Bases for Processing Your Personal Data
HCSS may process your Personal Data on a variety of legal bases, depending on the Personal Data concerned and the specific context in which HCSS collects or processes it. Generally, HCSS collects and processes Personal Data from you only when you have consented to such collection or processing, HCSS requires the Personal Data in order to perform a contract with you or your employer, or the processing is in HCSS’s legitimate interests and is not outweighed by your fundamental rights and freedoms. In some cases, HCSS may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person. Specifically, (i) to provide HCSS’s products and applications, the processing of Personal Data is necessary to enter into and/or perform a contract with you and/or your employer in addition to support HCSS’s legitimate interests in managing its business provided such interests are not outweighed by your fundamental rights and freedoms; (ii) to improve HCSS’s products and applications and to conduct market research and analytics, the processing of Personal Data is necessary to support HCSS’s legitimate interests in managing its business provided such interests are not outweighed by your fundamental rights and freedoms; (iii) to manage and administer contracts with you and your employer and to manage HCSS’s relationship with you and between you and your employer, the processing of Personal Data is necessary to enter into and/or perform a contract with you and/or your employer in addition to support HCSS’s legitimate interests in managing its business provided such interests are not outweighed by your fundamental rights and freedoms; (iv) to market and advertise HCSS’s products, applications, and events, the processing of Personal Data is necessary to support HCSS’s legitimate interests in promoting HCSS’s products, applications, and events provided such interests are not outweighed by your fundamental rights and freedoms, and the processing of Personal Data may rely on your consent to the processing of your Personal Data for marketing in which you may withdraw your consent at any time; (v) to use precise location, usage data, and other device information, the processing of Personal Data may rely on your consent to the processing of your Personal Data for in which you may withdraw your consent at any time; and (vi) for the prevention and detection of fraud and other crimes, the processing of Personal Data is necessary for HCSS to comply with legal and regulatory obligations.
Sharing Personal Data Outside of HCSS
HCSS may share your Personal Data as follows: (i) to fulfill the purposes for which you or your employer provided such Personal Data; (ii) to HCSS’s affiliates, subsidiaries, and acquiring or acquired entities for the purposes of providing the Services, customer support, marketing, and any other legitimate internal purpose; (iii) to third parties, such as, customers, users, contractors, service providers, data providers, consultants, and other agents (“Service Providers”), that perform tasks on behalf of HCSS or supplement the Services (e.g., hosting and maintenance, data analytics, data storage, and billing); (iv) to HCSS’s business partners, resellers, referral partners, integration partners, HCSS Marketplace partners, and event sponsors; (v) to an actual or potential buyer, investor, or partner (and its agents and advisers) in connection with any actual or proposed divestiture, purchase, merger, or acquisition of any part of HCSS’s business, or any other similar transaction or proceeding; (vi) to law enforcement, public authorities, or legal counsel where HCSS reasonably believes such sharing is necessary and appropriate as a matter of applicable law or to exercise, establish, or defend HCSS’s legal rights; (vii) to protect the safety of you or HCSS’s customers, website visitors, or the public to the extent such disclosure is necessary for such protection; or (viii) to any other person or entity where HCSS has your consent to the disclosure, a legitimate legal basis for the disclosure, or been instructed to share your Personal Data on behalf of HCSS’s customers.
HCSS ensures all Service Providers are bound by confidentiality and privacy obligations, including the restriction to only act on HCSS’s instructions and in accordance with applicable laws). A list of the Service Providers who act as sub-processors under applicable data protection laws can be found at https://www.hcss.com/sub-processors/. Your Personal Data, such as your name or username, may be available to others (e.g., when you create a profile or submit public queries). This information may be accessed by users or visitors who use HCSS’s websites and may be accessed by commercial search engines to the extent that such engines are permitted to access HCSS’s websites. HCSS does not sell any of your Personal Data.
International Data Transfers and the Data Privacy Framework
HCSS is headquartered in the United States, but your Personal Data may be transferred to and processed in countries other than the country in which you are a resident. Such countries may have data protection laws that are different from the laws of your country of residence. If you are a resident of a country other than the United States and provide HCSS with your Personal Data, you consent to the transfer of your Personal Data into the United States. If you are a data controller using HCSS as your data processor and if the data you submit or store through HCSS’s Services contain Personal Data of residents from the European Economic Area (“EEA”) and/or the United Kingdom, you agree that you have the authority to transfer such Personal Data to HCSS.
If HCSS transfers your Personal Data outside of the EEA and/or the United Kingdom, HCSS will ensure your Personal Data is processed only in countries that provide an adequate level of protection for your Personal Data or where the recipient of your Personal Data provides appropriate safeguards, such as the European Union’s Standard Contractual Clauses for transfers of Personal Data between entities subject to the European Union’s General Data Protection Regulation (“GDPR”) to the United States or the United Kingdom’s International Data Transfer Agreement for transfers of Personal Data between entities subject to the United Kingdom General Data Protection Regulation (“UK GDPR”) to the United States.
HCSS complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. HCSS has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of Personal Data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdon (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. HCSS has certified to the U.S Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles (together, the “DPF Principles”), the DPF Principles shall govern. The Federal Trade Commission has jurisdiction over HCSS’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. To learn more about the Data Privacy Framework program, and to view HCSS’s certification, please visit https://www.dataprivacyframework.gov/.
HCSS is responsible for the processing of Personal Data it receives under the DPF and subsequently transfers to a third party acting as an agent on its behalf. HCSS complies with the DPF Principles for all onward transfers of Personal Data from the European Union, United Kingdom, and Switzerland, including the onward transfer liability provisions.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, HCSS commits to refer unresolved complaints concerning HCSS’s handling of Personal Data, except for human resources data in the context of the employment relationship, received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from HCSS, or if HCSS has not addressed your DPF Principles-related complaint to your satisfaction, you may invoke a binding arbitration process for your complaints regarding DPF compliance by visiting https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.
In compliance with the EU-U.S. DPF, HCSS commits to cooperate and comply with the advice of the panel established by the EU data protection authority (“DPA”) with regard to unresolved complaints concerning HCSS’s handling of human resources data received in reliance on the EU-U.S. DPF in the context of the employment relationship.
Children’s Privacy
HCSS’s Services are not directed toward children, and HCSS does not knowingly collect any Personal Data from children under the age of 13, or such other applicable age of consent for privacy purposes in relevant jurisdictions. If you are under the age of 13, or such other applicable age of consent for privacy purposes in relevant jurisdictions, you must ask your parent or guardian to assist you in using HCSS’s Services. If HCSS becomes aware that HCSS inadvertently received Personal Data from a child under the age of 13, or such other applicable age of consent for privacy purposes in relevant jurisdictions HCSS will delete such Personal Data from HCSS’s records. If HCSS offers or provides any contests, sweepstakes, or promotions, HCSS may restrict entries to such contest, sweepstakes, or promotions to entrants who are at least 18 years of age.
Security
HCSS has implemented and maintains reasonable and appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your Personal Data. Those safeguards include measures to protect your Personal Data from loss, misuse, unauthorized disclosure, unauthorized access, alteration, and destruction. HCSS also requires its Service Providers to maintain industry standard safeguards and protect your Personal Data from loss, misuse, unauthorized disclosure, unauthorized access, alteration, and destruction. To demonstrate HCSS’s commitment to data security, HCSS has undergone external audits and received SOC 1 (Type 2) and SOC 2 (Type 2) reports. You can view more about HCSS’s commitment to data security at HCSS’s Security page.
Data Retention
HCSS generally only retains Personal Data for as long as HCSS needs to fulfil the purposes outlined in this Privacy Policy or pursuant to a written agreement. HCSS may retain certain Personal Data as required by applicable law or for legitimate business purposes. When HCSS no longer has an ongoing legitimate business need to process your Personal Data, HCSS will delete and/or anonymize your Personal Data. If HCSS cannot delete and/or anonymize your Personal Data, then HCSS will securely store your Personal Data and isolate it from any further processing until deletion is possible.
Third-Party Products, Services, or Applications
HCSS may provide you with the opportunity to access and use third-party products, services, or applications (“Third-Party Services”) through HCSS’s websites and/or products. This Privacy Policy only addresses HCSS’s practices for collecting, using, storing, sharing, disclosing, and processing Personal Data in connection with your use of HCSS’s Services. It does not apply to the practices of third parties that HCSS does not own, control, employ, or manage. HCSS is not responsible or liable for any damages or losses related to your use of any Third-Party Services.
Your Privacy Rights and Choices
Depending on the law applicable to the country, state, or province where you reside, you may have a number of rights regarding your Personal Data, subject to certain limitations and exceptions. Additional information and advice about your rights regarding your Personal Data can be found from your local data protection regulator in your state, country, or province.
To exercise any of your privacy rights, please submit a verifiable request to HCSS as provided below in the “Contact HCSS” section. Please note, the rights expressly provided below are not always available to every person. HCSS will not discriminate against you for exercising any of your privacy rights. In order to protect your information from unauthorized access or deletion, HCSS may require you to provide additional information to verify your identity (e.g., supplying personal identifiers that HCSS can match against information HCSS may have collected from you previously or confirming your request using the email and/or telephone account stated in the request). HCSS will not collect additional Personal Data from you for the sole purpose of exercising your rights under the data protection laws. HCSS will not require you to create an account with HCSS solely for the purpose of exercising your rights under the data protection laws. If you would like to appoint an authorized agent to make a request on your behalf, you must provide the agent with written, signed permission to submit privacy right requests on your behalf, or provide a letter from your attorney. The agent or attorney must provide such authorization at the time of the request. HCSS may require you to verify your identity with HCSS directly before HCSS provides any requested information to your approved agent or attorney. Information collected for purposes of verifying your request will only be used for verification.
HCSS endeavors to substantively respond to your verifiable request within thirty (30) calendar days of receiving your request. If HCSS requires more time, HCSS will contact you at the email address you provided. If HCSS cannot verify your identity, HCSS will not be able to fulfill your requests.
A. Privacy Rights for Individuals Residing in the European Economic Area and United Kingdom
Under the GDPR and if you are a resident of the EEA and the United Kingdom, you have the following rights regarding your Personal Data: (i) the right to be informed about the collection and use of your Personal Data; (ii) the right to request access to and disclosure of your Personal Data; (iii) the right to change or correct any mistakes in your Personal Data; (iv) the right to delete your Personal Data from HCSS’s systems subject to certain exceptions and limitations (e.g., HCSS is required to retain your Personal Data in order to provide the Services to you); (v) the right to transfer your Personal Data to a third party of your choosing or have your Personal Data provided to yourself in a commonly used and machine-readable format; (vi) the right to restrict HCSS’s processing of your Personal Data; (vii) the right to withdraw consent to the extent HCSS’s processing is based solely upon your consent; (viii) the right to object to any processing of your Personal Data where HCSS relies on legitimate interests; (ix) the right to object to automated processing (HCSS does not use automated processing); and (x) the right to object to direct marketing.
You may also have the right to issue a complaint with a DPA about HCSS’s collection and use of your Personal Data. Please contact your local DPA for more information. Contact details for DPAs in the EEA and certain other countries can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en. If you exercise any of your rights detailed in this section, HCSS will not discriminate against you. If HCSS processes your Personal Data on behalf of HCSS’s customer, please direct your privacy inquiries and requests to exercise your rights to such customer.
HCSS has appointed the following representative in Europe as required by the GDPR:
Redwit SAS
Attn: Privacy Officer
10 Rue de Penthièvre
75008 Paris, France
privacy@hcss.com
B. Privacy Rights for Individuals Located in California and Other States of the U.S.
Certain U.S. state laws, including the California Consumer Privacy Act (“CCPA”), provide additional privacy protections to consumers in those states. Those additional privacy protections include: (i) the right to know what Personal Data HCSS collects, discloses, uses, and shares, including Personal Data that HCSS has collected, disclosed, and shared over the past twelve (12) months (this information is provided in the “Collection and Types of Personal Data” section of this Privacy Policy); (ii) the right to access a copy of your Personal Data; (iii) the right to request deletion or correction of your Personal Data subject to certain exceptions and limitations; and (iv) the right to opt out of the sale of your Personal Data for purposes of targeted behavioral advertising.
Please note, if you are a user of the Services, you have the ability to access and update your Personal Data within the Services. HCSS does not sell your Personal Data and has not sold your Personal Data in the past twelve (12) months.
Under California law, HCSS is only obligated to respond to Personal Data access requests from the same consumer up to two (2) times in a twelve (12) month period. If a consumer makes unfounded, repetitive, or excessive requests (as determined in HCSS’s reasonable discretion) to access Personal Data, HCSS may charge a fee subject to a maximum set by law. If you exercise any of your rights detailed in this section, HCSS will not discriminate against you. If HCSS processes your Personal Data on behalf of HCSS’s customer, please direct your privacy inquiries and requests to exercise your rights to such customer.
Exercising Your Right to Opt-Out of the “Sale” or “Sharing” of Your Personal Data – California Residents Only
If you are a California resident, you have the right to opt-out of the “sale” or “sharing” of your Personal Data (called “personal information” under the CCPA). While HCSS does not sell your Personal Data in the traditional sense (i.e., for money), HCSS may use Third-Party Services to collect Personal Data via cookies and related technologies on HCSS’s websites for advertising, data analytics, and other purposes as described in this Privacy Policy. HCSS’s use of some of these Third-Party Services may be classified as “selling” or “sharing” your Personal Data under the CCPA. To exercise your right to opt-out of HCSS’s “selling’ or “sharing” of your Personal Data, please contact HCSS at privacy@hcss.com.
Global Privacy Control
HCSS’s websites recognize the Global Privacy Control (“GPC”) signal. If an HCSS website detects that you are using a browser setting or a plug-in that transmits an opt-out preference signal from a GPC signal, HCSS will treat that as a valid request to opt you out of cookies on such HCSS website. To learn more about GPC signals and how to implement and use a browser or plug-in that supports the GPC signal, please see https://globalprivacycontrol.org.
Cookie and Related Technologies
HCSS may use cookies (small pieces of text containing unique data to identify your computer to the network) and related technologies (such as web beacons and pixels) to collect and store information when you use and interact with HCSS’s websites for purposes that may include site operation, analytics, enhanced user experience, and advertising. HCSS’s websites also support third-party tracking technologies, such as third-party advertising, marketing, session recording, and data analytics companies (including certain social media advertising partners) that may use cookies or related technologies to collect and/or record information about your interactions with HCSS’s websites.
You can change your preferences and/or opt out of cookies and related technologies through the cookie banner that appears when you access HCSS’s Services, by clicking on the cookie setting in the footer of HCSS’s website, or by submitting a written request to HCSS via the methods listed in the “Contact HCSS” section at the bottom of this Privacy Policy. Most web browsers are set to accept cookies by default. If you prefer, you can also choose to set your browser to remove or reject browser cookies. There are also other ways to opt out of having your web browsing information used for behavioral advertising purposes, such as changing your privacy settings on platforms such as LinkedIn or Twitter. Removing or rejecting cookies may affect the functionality of HCSS’s websites, products, and services.
For more information about HCSS’s use of cookies and related technologies, please visit HCSS’s Cookie Policy at https://www.hcss.com/cookie-policy/.
Location Information
To deliver some Services, HCSS may collect precise location information related to your location and route. You can turn location-based services on and off by adjusting the settings of your mobile device. Turning off location-based services may affect the functionality of HCSS’s Services.
Updates to the Privacy Policy
HCSS may update this Privacy Policy from time to time by posting the updated Privacy Policy on HCSS’s websites. The most recent version of this Privacy Policy is reflected by the version date at the bottom of this Privacy Policy. By using the Services or providing Personal Data to HCSS following such changes, you will have accepted the updated Privacy Policy.
Contact HCSS
Please use the following contact information below to exercise one of your rights listed in this Privacy Policy or to contact HCSS with any questions or concerns about this Privacy Policy or HCSS’s practices regarding your Personal Data.
Heavy Construction Systems Specialists, LLC
Attn: Privacy Officer
13151 W Airport Blvd
Sugar Land, TX 77478
privacy@hcss.com
(800) 683-3196 (toll-free number)
Last Updated: August 13, 2025