Empire Southwest cares about your privacy. This Privacy Policy explains our practices regarding the collection and dissemination of personal information that you provide in connection with use of the ES Equipment Management application (the Services).

By using our Services, you are accepting and agree to the terms in this Privacy Policy. This Privacy Policy will be updated periodically, so please be sure to reread it from time to time. If you do not agree with the terms in this Privacy Policy, please do not use the website or mobile application or provide any information to us.

1. Authorized Users

The Services are not directed to and is not intended for access and use by persons under the age of 13. We do not intentionally collect or use personal information from users that we have reason to believe are under the age of 13. If you are under 13 years of age and have accessed the Services by providing a false date of birth, you must immediately leave the website or mobile app.

2. What Personal Information is Collected?

We collect information you provide directly to us. We do not use our Services to collect any personally identifiable information about you other than what you provide voluntarily for various purposes. To use the Services, you need to create an account. The types of information we may collect to start an account for you include your first and last name, address, phone number, email address and billing information. We ask for this information so that we can fulfill your request to use the Services. If you choose not to provide any personal information about yourself, you may not be able to participate in certain programs or activities and we may not be able to fulfill a request you may have. If you provide personal information, you agree to provide true and accurate information in connection with your registration and to promptly notify us of any changes in the registration information.

We receive and may store any information you submit through the Services or give us in any other way. This information is retained and used in accordance with existing laws, rules, regulations, and other policies. Generally, we use personally identifiable information to manage the Services, communicate with you, to customize the content, and to provide other information, including, if applicable, information about third party products and services.

We do not disclose personal information to third parties except (1) for the purpose of communicating with you when it is necessary for completing the transactions you have authorized, including but not limited to providing such information to data processors; (2) when it is necessary for employees, agents and contractors to operate or maintain the Services or to correct a technical problem; (3) when it is necessary to verify the existence or condition of your account with a financial institution, credit bureau or other third-party; (4) with our affiliates; (5) with our business partners for research or marketing; or (6) if we sell or merge the company or its assets with another company. We may collect and use usage information to develop new products or services or to provide special offerings to you.

Under special circumstances we may, and you authorize us to, disclose personally identifiable information without your consent if we believe, in our sole discretion, it is reasonable to do so to satisfy laws (such as the Electronic Communications Privacy Act, as amended) or government regulations, comply with legal process or law enforcement requests, commence legal actions to protect our rights or property or to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of this Privacy Policy or other terms found on the website.

3. What Anonymous Information is Collected?

When you access or use our Services, we automatically collect information about you, including:

4. Mobile Applications

Empire Southwest offers a mobile application software download for mobile devices. Certain data collection practices-for example, Apple or Google monitoring your mobile usage time, or your mobile telecommunications provider-are outside the control of Empire Southwest and are governed by the privacy policies of those companies. We use commercially reasonable efforts, given the limitations placed on the usage of our mobile app by third parties such as Apple or Google, to disclose to you how other parties may generate data based on your use of the Services.

5. Data Security

Personally identifiable information is stored on our server and is not publicly accessible. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we take reasonable precautions and have security measures in place to protect the loss, misuse and alteration of the information under our control. Although we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party hackers from illegally obtaining this information. We are not responsible for any breach of its security or for the actions of any third parties that may obtain any personal information. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of the website or app. We do not make, and expressly disclaim, any representation or warranty, express or implied, regarding the security or integrity of the website and your personal information.

6. External Links

The Services may contain links to websites of third parties. Please note that when you click on one of these links, you are entering another site. Links to other websites do not imply endorsement of the materials disseminated at those websites. We encourage you to read the privacy statements of these linked websites as their privacy policy may differ from ours. We are not responsible for the materials contained at any website linked to this site.

7. Account Information

You may update or correct information about yourself by editing your account settings within our Services. If you wish to delete your account, please visit the Job Site Toolbox website, but note that we may retain certain information as required by law, for legitimate business purposes, or as part of our regular retention practices. We may also retain cached or archived copies of information about you for a certain period of time. Even if you change or delete your account, information that you have previously shared will not be changed or deleted.

8. Governing Law and Enforcement of Privacy Policy

Use of the Services website is governed by United States law and the laws of the State of Arizona without regard to conflicts of laws provisions. If you are accessing the Services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the website, you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Services and any dispute regarding the website or this Privacy Policy. You further consent to the exclusive jurisdiction of the state and federal courts located in the State of Arizona. If any provision of this Privacy Policy is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any applicable law, the validity of the remaining portions or provisions shall remain in full force and effect.

9. For More Information

If you have any questions, concerns, or comments about Empire Southwest or this Agreement please contact Empire Southwest's Legal Department at:

Empire Southwest, LLC
Attn: Legal Dept.
1725 S. County Club Drive
Mesa, Arizona 85210

10853656.2 Rev. 3-24-2016