Introduction
Kimley-Horn and Associates, Inc. and its affiliated companies (collectively, “Kimley-Horn”) respect your privacy. This Privacy Policy applies to personal data collected by Kimley-Horn through software-based services and mobile applications (collectively, “Services”) which Kimley-Horn operates and on which Kimley-Horn posts a direct link to this Privacy Policy.
As used in this Privacy Policy, the term “personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person, or that otherwise is considered personal information or personal data under applicable laws or regulations.
Supplements to this Privacy Policy with respect to specific Kimley-Horn Services are included at the end of this Privacy Policy.
Types/Categories of Personal Data We Collect
To the extent permitted by applicable law, Kimley-Horn may collect the following categories and types of personal data from you, through your registration for and/or use of the Services:
- User information, such as first and last name, e-mail address, and address
- Information and data about your use of the Services, including as applicable user data from platform and app providers about device type, device operating system, amount of time the app is run, and error reports
- Any personal data communicated by you through use of the Services, including when you request support
- Credit card information and other payment information
Unless specified otherwise, when you use the Services, all personal data requested by Kimley-Horn in connection with such use is mandatory and your failure to provide it may make it impossible for Kimley-Horn to provide the Services to you.
Kimley-Horn may use cookies and similar tracking tools such as web beacons for the purpose of enhancing Kimley-Horn’s provision of its Services. Cookies are data files that store certain information to your device or computer regarding your use of the Services. The Services may not be fully functional unless you accept use of Internet cookies. For more information regarding the use by Kimley-Horn of cookies, see the “Cookie Policy” section below.
You are responsible for any third-party personal data that you obtain, publish, or share through your use of the Services, and you represent that you have received the third party’s express written consent to provide such third-party personal data to Kimley-Horn.
Please note that Kimley-Horn generally does not intend to collect sensitive personal data, which is data such as your religious or philosophical beliefs, racial or ethnic origin, health, or medical information (other than for the purpose of responding to an accommodation request), genetic or biometric data, bank account information (other than for the purpose of processing an order) or other similar sensitive personal data. If Kimley-Horn reasonably needs to collect any sensitive personal data from you, Kimley-Horn will obtain your consent for such collection as may be required under applicable law.
Personal data we collect online may also be combined with personal data you provide to us through offline channels such as through a call center or in conjunction with a Kimley-Horn event you attend.
How We Use/Process Your Personal Data:
Kimley-Horn may use personal data it collects about you to:
- Identify and Authenticate You. Kimley-Horn uses your personal data to verify your identity when you access and use our Services and when securing your personal data. This includes your creation of an account that is associated with your personal data. Kimley-Horn processes such information to provide the Services to you; in some other cases, it is Kimley-Horn’s legitimate business interest to be able to identify and authenticate you.
- Fulfill Your Requests. If you request something from Kimley-Horn, such as Services or related information, we use the personal data you provide to respond to your request.
- Provide Support and Customer Services. Kimley-Horn may use your personal data to provide support for Services you have obtained from us, including to inform you of Services issues and to answer related questions.
- Provide You with Information About our Services. Kimley-Horn may use your personal data to notify you about services offerings of Kimley-Horn and its affiliates. Where required by applicable law, we will obtain your consent before sending marketing messages.
- Enhance the Services. We may use the personal data you provide for the purpose of enhancing and customizing your experience on our Services. Kimley-Horn may also use this information to help us improve and further develop our Services.
- Aggregate Data. Kimley-Horn may use personal data to create aggregate and/or de-identified information to determine the demographics of its users and to create and use statistics and general information about the Services. This aggregate and/or anonymized information will not identify a specific individual.
Kimley-Horn will not use your personal data in a manner that is inconsistent with the purpose of its original collection, unless we have provided you additional notice and you have consented.
How We Disclose/Share Your Personal Data
Kimley-Horn may disclose personal data for the following business purposes:
- To business partners and service providers to support the Services and our business operations, such as fulfilling your orders and providing support and analytics services. These business partners and service providers may include resellers, payment processors, consulting service providers, and information technology service providers. Such business partners and service providers are required by contract to keep the information received on behalf of Kimley-Horn confidential and to not use it for any purpose other than the purpose for which it was provided to them.
- As required by law or legal process or to enforce legal rights, such as responding to a duly-authorized and lawful request of police or a public authority, to enforce or protect Kimley-Horn’s rights, when such disclosure is necessary or appropriate to prevent physical harm or financial loss as permitted by applicable law, or in connection with an investigation of suspected or actual illegal activity.
- Kimley-Horn may disclose personal data to its affiliates for the business purposes described above.
Kimley-Horn does not sell your personal data.
Cookie Policy
When using web-based Services we may automatically collect your IP address, browsing history, information on your interaction with the website, browser type and language, operating system, location, date and time. We may also use cookies to collect information as you navigate our web-based Services. The cookie may be placed by Kimley-Horn or by an authorized third party.
If you do not want your information to be stored by cookies, you can manage your cookie preferences by using the options and tools made available to you by your web browser. Your decision to reject cookies may reduce the performance and functionality of our Services.
Kimley-Horn may use web beacons alone or in conjunction with cookies to compile information about usage of our web-based Services and interaction with emails from Kimley-Horn, and to operate and improve our web-based Services and email communications. Web beacons are clear electronic images that can recognize certain types of information on your device, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon. Kimley-Horn uses web beacons to operate and improve our web-based services and email communications.
Security
Kimley-Horn has implemented appropriate physical, administrative and technical safeguards to help us protect your personal data from unauthorized access, use and disclosure. Kimley-Horn also requires that its business partners and service providers protect such information from unauthorized access, use and disclosure.
You acknowledge that no method of transmission over the Internet, or electronic storage, is 100% secure, and that we cannot guarantee absolute security.
Certain Rights You May Have Regarding Your Personal Data
In accordance with the laws of certain jurisdictions, you may have certain rights and choices regarding the personal data Kimley-Horn collects and maintain about you, and how Kimley-Horn communicates with you. In particular, you may have the following rights with respect to the Services you are using, subject to some limitations:
- The right to request information about our use of your personal data (for example, the pieces and categories of personal data we have, the categories of sources, the purposes for collection, the third parties with whom we have shared personal data, and the personal data we have disclosed);
- The right to review and access your personal data;
- The right to rectify/correct/update/modify your personal data in our possession;
- The right to erase/delete, de-identify, anonymize or block your personal data;
- The right to restrict our use of your personal data;
- The right to object to our use, or certain types of disclosures, of your personal data;
- The right to request the transfer of your personal data in our possession to a third party;
- The right to receive your personal data in a usable format and transmit it to a third party (sometimes referred to as data portability); and
- The right to lodge a complaint with your local data protection authority.
If you would like to exercise any of these rights, you may do so by contacting us as set forth in the “How to Contact Us” section below, subject to our verification as described below in the Verification section.
Where required by law, you also have the right to withdraw any consent you have given to uses of your personal data. If you wish to withdraw consent that you have previously provided to us, you may do so by contacting us as set forth in the “How to Contact Us” section below, subject to our verification as described below in the Verification section. However, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
Where required by law, Kimley-Horn provides you with the ability to access, modify, or update some of your personal data held in the Services at any time. If available through the Services, you may log in and make changes to your information, such as your password, your contact information, your general preferences, and your personalization settings. If necessary, you may also contact us as set forth in the “How to Contact Us” section below, subject to our verification as described below in the Verification section, and describe the changes you would like for us to make to the information you previously provided.
You may be given an opportunity to tell us whether you would like to receive information, special offers, and promotional materials by email from Kimley-Horn or our business partners when you create an account, register for a Services, or provide us with your personal data, or when we send you a marketing email. Where required by applicable law, we will obtain adequate consent to provide you with such marketing materials. You also can opt out of receiving marketing emails from Kimley-Horn at any time by clicking on the applicable link in our marketing emails or by contacting us as set forth in the “How to Contact Us” section below, subject to our verification as described in the “Verification” section below.
Verification
Before responding to a request for information about your personal data, we must verify the request. Verification is important to protect your information and to help confirm that we are responding to a valid request and providing the response to the correct individual. The information we ask to verify your identity may depend on your relationship with us.
When you exercise your rights under applicable laws, you may have the right to designate an authorized agent or representative to make a request on your behalf by providing the authorized agent with written permission to do so and verifying your identity with us as part of the request, or by providing the authorized agent with power of attorney pursuant to applicable law. We will ask the individual submitting the request to verify that they are an authorized agent or representative. When submitted by an authorized agent or representative, we will ask the authorized agent or representative to provide the name, email address and a description of the relationship with the individual who is the subject of the request and to certify that the representative has permission to submit the request, and we may request proof of your written permission.
Third Party Links
The Services may contain links to other, third party websites. Kimley-Horn does not control and is not responsible for the information collected by third party websites accessible through our Services. If you have questions about the data collection with respect to any third party linked websites, please contact the third parties that operate those websites.
Retention
Kimley-Horn will retain your personal data for only as long as is required for us to fulfill the purposes for which the information is processed or for other valid reasons to retain your personal information (for example, to comply with our legal and regulatory obligations, resolve disputes, and enforce our agreements).
Children’s Privacy
Kimley-Horn’s Services are not directed to children, and Kimley-Horn does not knowingly collect personal data from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe that he or she has disclosed personal data to us, please contact us as set forth in the “How to Contact Us” section below. Kimley-Horn will ensure their personal data is properly processed and disposed of with the consent of their parent or guardian.
United States
Our Services are hosted in the United States. If you are accessing Services from outside the United States, please be advised that through your continued use of the Services, which are governed by United States law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer.
How to Contact Us
If you would like to exercise any of your privacy rights, or if you have any questions about this Privacy Policy or any of Kimley-Horn’s privacy practices or use of your personal data, please feel free to contact us by mail at Kimley-Horn 421 Fayetteville Street, Suite 600, Raleigh, NC 27601, or by email at [email protected].
California Residents
The California Consumer Privacy Act (“CCPA”) regulates how we handle personal information of California residents in connection with our Services and gives California residents certain rights with respect to their personal information.
Kimley-Horn is both a “business” and a “service provider” under the CCPA. This section of the Privacy Policy applies to information we collect in our role as a business—this is when we interact directly with you on our own behalf and not on behalf of our customer.
When we act as a service provider (for example, by providing our services to another company that you interact with), we follow the instructions of the business that engaged us with respect to how we process your personal information. If you would like more information about how your personal information is processed by other companies, including companies that engage us as a service provider, please contact those companies directly.
Under the CCPA, you have the rights as specified in the Section above entitled “Certain Rights You May Have Regarding Your Personal Data”, subject to certain limitations. You also have the right not to be discriminated against because you choose to exercise your rights under the CCPA. In particular, you have the right not to be denied goods or services and not to be charged a different price or to be provided with a different level or quality of goods or services.
Changes to This Privacy Policy
Kimley-Horn may change this Privacy Policy from time to time. The revised Privacy Policy will be posted at the same location as this Privacy Policy, and the date of last update will be indicated at the bottom of the Privacy Policy. If you do not refuse the changes in writing within thirty (30) days of the “last updated” date and you continue to use our Services, we will consider that you have read and understand the Privacy Policy as changed, including with respect to personal data provided to us prior to the changes in the Privacy Policy. We encourage you to periodically review this Privacy Policy for any changes or updates.
Supplements for Specific Services
A. Traction
Additional Types/Categories of Personal Data We Collect – Traction
- Location data you provide to us via the mobile application for the purpose of recording travel time data (latitude/longitude, speed, altitude, heading, user ID, and timestamp), collected once per second only while the user is actively using the application to record a trip
- Error log data manually initiated by the user to upload the last few days’ worth of error logs, which includes only error data and a user ID
Additional Ways We Disclose/Share Your Personal Data — Traction
- Location data you collect and provide to us by recording a trip on the mobile application is for the express use of the public agency in possession of the Traction Services subscription. As such, this data is made available to others within your agency.
Last updated: August 22, 2022