This Notice was last updated on 7/1/2024.

Introduction

CMWorks, a Kleinfelder, Inc. Company, (”Company” or “we” or “us” or “our”) respects your privacy, and we are committed to protecting it through our compliance with this Privacy Notice (Notice) and applicable privacy laws.

This Notice describes the types of information we may collect from you or that you may provide when you access our website (www.cmworks-us.com), newsletters, webinars, social media sites or programs, and communications and emails about our markets and professional services, or when you apply for employment or contract with us (the “Services”). This Notice is also intended to help you understand what personal data we collect, how we use it, and what control you have over it.

This Notice will define the following:

  1. Who We Are
  2. Data We Collect
  3. How and Why We Use Your Data
  4. How We Share Your Data
  5. How Long We Store Your Data
  6. How We Protect Your Data
  7. Use of Cookies
  8. Your Rights Regarding Your Data
  9. External Links
  10. Our Contact Information
  11. Changes to Our Privacy Notice

Please read this Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. This Notice may change from time to time. Please check the Notice periodically for updates.

1.Who We Are

CMWorks specializes in providing owner’s representative project and construction management services during all phases of project delivery. CMWorks specializes in public works, municipal and private facilities including transportation, flood control, utilities, water and wastewater, parks, and buildings. For the purposes of this Notice, we act as the data controller. We take on this role as we determine how your personal data is used and processed.

We have appointed a Privacy Officer to assist with questions, requests, and complaints regarding this Notice and the collection and processing of your personal data. For details on how to contact us, see the Our Contact Information section at the end of this Notice.

2.Data We Collect

When you use our Services, we collect personal information about your use of our Services and information that you provide to us. As used throughout this Notice, and unless otherwise defined by applicable law, the term “personal information” means information that identifies you or makes you identifiable. Information that has been anonymized so that it does not identify a specific individual is not “personal information.”

We may collect and store the following information when using our Services:

Information You Provide Voluntarily. We collect information that you voluntarily provide to us, including: when you communicate via email or other channels; when you sign up for news, publications and marketing communications and events; when you seek career information from us; when you register for newsletters, alerts, or other materials; when you submit an application for employment with us; when you sign up for a webinar or event; and when you respond to our communications or requests for information. The information you provide may include your name, contact information, title, and information about the organization with which you are affiliated. In relation to employment, the information you provide may also include employment history and qualifications. We only collect and process the personal information we need to allow us to respond to your request and/or provide the particular information or Service you have sought.

Information We Collect Automatically. We may automatically collect information about you when you use our Services such as, but not limited to:

  • Device Information. We may collect information about devices you use to access the Services and how you use the Services, such as your Internet Protocol (“IP”) address and which websites you visited prior to and while accessing our Services.
  • Performance and Log Data. Our servers may automatically record information created by your use of our website, which may include information such as, but not limited to, your IP address, browser type, operating system, command line information, diagnostic information related to the website (e.g., crash activity reports), the referring web page, pages visited, location, your mobile carrier, device and application IDs, and search terms. For instance, when we send you an email, we may collect certain information including the nature of the email, whether you opened or deleted the email, actions you took upon receipt of the email, as well as your name and contact information.
  • Cookies. We use cookies to display information more effectively, store on a user’s computer or device information about the user’s preferences and settings, gather statistical information about the use of our Services to improve design and functionality, and for security purposes. Please review our Cookie Notice for more information or click the “Cookie Settings”.
  • Do Not Track. Please note that we do not currently respond to web browser do-not-track requests or other mechanisms that allow you to opt out of the collection of information across networks of websites and online services as there is currently no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track requests that we will describe in this Notice.
  • Information We Receive From Third Parties. When we receive personal information about you from third parties and use such information, this can include: your name, email address, contact information, the company you work for, your position, business and home addresses, identification and background information, professional experience and qualifications, previous positions, and other personal information.
  • Social Networks. If you connect to us or Kleinfelder, Inc. from a social network, such as LinkedIn or Facebook, we will collect personal information from the social network in accordance with your privacy settings on that social network. The connected social network may provide us with information such as your name, profile picture, network provider, gender, username, user ID, age or age range, language, country, friends’ list, follower list, and any other information you have agreed it can share or that the social network provides to us. We will assume that such social network or other third parties are entitled to collect and share such personal information with us.
  • Sensitive Information. We may collect sensitive information about you when you use our Services, such as applying for employment. Use of sensitive information is limited to the purposes described to you at the time of collection.

3.How and Why We Use Your Data

We process personal data for our own legitimate interests, provided these interests do not override any of our users’ own interests, rights, and freedoms. These legitimate interests include, but are not limited to, processing for marketing, research, employment, client contracts, and business development purposes.

We also process personal data for other purposes with consent, but you have the right to withdraw consent to processing for specific purposes. Personal data we may process includes, but is not limited to:

  • Providing Our Services to You. We may process your personal information to inform you about our Services, significant changes to this Notice, relevant information about the industries we serve, and our marketing events. Without your personal information, we cannot provide such Services.
  • Responding to Your Inquiries. We process your personal information when you contact us with inquiries, such as questions, concerns, feedback, disputes or issues. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of our Services.
  • Enforcing Our Terms or Agreements. We process your personal information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities in connection with our website; investigate, prevent, or mitigate violations of our terms, agreements or policies; and enforce our agreements with third parties and partners. We cannot provide our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.
  • Ensuring the Security of the Service. We are committed to ensuring your safety and continued enjoyment of our Services. To do so, we process your personal information: to combat spam, malware, malicious activities, or security risks; to improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not access your account with us or your information we hold. We cannot ensure the security of our Services if we do not process your personal information for security purposes.
  • Personalizing Your Experience on the Website. We may provide you with third-party services, plugins, and other options to personalize your experience using our Services. In addition, we also use cookies and similar tracking technology for such purposes (please see our Cookie Notice for more information or click the “Cookie Settings” link in our website footer to update your browser’s cookie preferences for our website at any time). By utilizing cookies and other tracking technology, we can provide a more personalized and enjoyable experience when you use our Services. Without processing your personal information for such purposes, you may not be able to access or personalize part or all our Services.
  • Research and Development Purposes. To continue to provide you with our innovative Services, we collect information about the way you use and interact with our Services for research and development purposes. Research and development helps us improve our Services and build new Services and customized features. We take additional security measures when processing your personal information for such purposes by de-identifying or pseudonymizing your information, limiting access to personnel that may conduct research and development, and applying other technical, physical, and administrative security measures.
  • Potential Employment. We process your personal information when you seek employment with us to evaluate you as a candidate for the position. Without your personal information, we cannot evaluate your qualifications for employment.
  • Engaging in Marketing Activities. We process your personal information to inform you about our Services, significant changes to this Notice, relevant information about the industries we serve, and marketing events (including by electronic means, such as email). To do so, we may process your contact information or other information about your interactions with our Services to send you marketing and other informational communications, and to provide you with information about webinars and other marketing events. Please see our Cookie Notice for more information about digital interest-based advertising or click the “Cookie Settings” link in our website footer to update your browser’s cookie preferences for our website at any time. You can opt out of receiving our marketing information at any time by clicking the unsubscribe link in our emails.

Personal data may be used without knowledge or consent in situations when legally required or permitted, or when personal data has been anonymized or pseudonymized so it is no longer associated with the user. This means we have removed personal identifying information so the remaining data cannot be tied back to you as an individual.

4.How We Share Your Data

We do not sell your personal information, nor do we exchange, transfer, or give your personal information to any other company or individual for any reason except as set forth in this Notice and as described below:

Personal data may be shared with our offices, affiliates, and subsidiaries, including Kleinfelder, Inc., Kleinfelder Australia Pty Ltd and Kleinfelder Canada, Inc., and data centers in the United States, Canada, and Australia. We have implemented security measures and controls to ensure data remains appropriately protected in these jurisdictions.

Personal data may be used, shared, or disclosed with government agencies and regulators as required or permitted under applicable laws.

Personal data may also be shared with third parties when it is necessary to provide Services to users, clients, and/or for other legitimate interests. These third parties include service providers, professional advisors, and other CMWorks or Kleinfelder, Inc. business partners providing the following services: web hosting, IT and cloud services, advisory and consulting services, and other similar services. Our contracts with these service providers prohibit them from sharing your personal information absent your consent. In addition, we share aggregated demographic data with our partners and advertisers, which is not linked to the identity of any individual user.

5.How Long We Store Your Data

We retain information about you for as long as necessary to perform the activities described in this Notice, or where we have an ongoing legitimate business need to do so, such as for legal, regulatory, accounting or reporting requirements.

When our legitimate interest in retaining your personal information ceases to exist, we will either delete or anonymize your information so that it can no longer be attributed to a particular individual. To the extent residual information remains within our databases, backups or other records and cannot be readily anonymized, we will endeavor to isolate such information from further processing until deletion or anonymization is possible. If you have any questions, please feel free to contact us.

6.How We Protect Your Data

Securing your data is a priority for us, both online and offline. We have implemented reasonable and appropriate safeguards to prevent personal data from being lost, misused, damaged, destroyed, accessed, altered, or disclosed by unauthorized parties. This data is encrypted and secured throughout its transmission. We seek to use reasonable technical, organizational, and administrative measures to protect user information within our organization against unauthorized or unlawful access or processing. In addition, we protect personal information by protecting the ongoing confidentiality, integrity, availability, and resilience of our processing systems and services; and to regularly test, assess, and evaluate the effectiveness of our technical and organizational security measures.

Employees and third parties are provided with personal data on a least-privilege-access basis and only the minimum amount required to complete their specific job. All employees are also subject to confidentiality agreements and undergo annual training on the proper handling of personal and sensitive data.

Procedures have been developed and tested to manage a data breach. These procedures are designed to ensure affected individuals and regulators are timely notified of the breach and actions taken to minimize damage.

7.Use of Cookies

We use cookies to store data elements on your device that allow us to improve our website design and function. In addition, we use cookies for advertising products based on your usage history, storing and managing your preferences on the website, enabling content, and gathering statistical information about the use of our website. Usage of cookies may be linked to your personal data on the website. For more information, see our Cookie Notice.

8.Your Rights Regarding Your Data

We aim to maintain data that is accurate and up to date. Please notify us if any of your personal data changes. For your protection, we may need to verify your identity before acting on your request. We will try to implement your request as soon as it is reasonably practical.

In certain instances, you have the legal right to the following:

  • Request all data we have collected about you, if any.
  • Request correction to the personal data we have collected about you.
  • Request we delete or remove personal data when there is no legitimate need for us to continue processing it.
  • Object to the processing of personal data.
  • Request transfer of your personal data.
  • Opt out of contacting you at any time.
  • Express any concern about any data we have collected about you.

To exercise these rights, please contact us via the email, mail, or phone information provided in the Our Contact Information section below.

Our website may include links to third-party services where you may be able to post comments, reviews, or view third-party information. The use of these third-party services may result in the collection and sharing of information about you by these third-party services. This Notice does not address the data processing practices of any third party, unless specified otherwise.

Please note that the inclusion of a link in our Services to a third-party website or app does not imply endorsement of the third-party data handling practices and does not imply that the third-party’s practices are covered by this Notice. We are not responsible for the privacy practices of these entities. Accordingly, when you click on a link embedded within our Services that takes you to a third-party website or app, you are encouraged to review the privacy statement of that third party.

10.Our Contact Information

For any questions, concerns, or requests to exercise your rights outlined in this Notice, please contact us via email at privacy@kleinfelder.com, phone at (619) 831-4757, or mail at:

Kleinfelder

Attn: Privacy Officer

770 First Avenue, Suite 400

San Diego, CA

92101

11.Changes to Our Privacy Notice

We may update this Privacy Notice from time to time. The effective date of the current Privacy Notice is noted at the top of this page.

If we make material changes to the way we collect, use, share or process the personal information that you have provided, such changes will be conspicuously noted on our website.