1. What Is Our Relationship With Your Employer?
TrackTik has entered into an agreement with your employer to grant you access to the App and the Services (“Employer Agreement”). TrackTik will process your Personal Information on behalf of your employer and in accordance with its lawful instructions. The information you provide to us and/or upload via the App (whether or not it constitutes Personal Information) will also be governed by the Employer Agreement.
2. What Information Do We Collect?
The types of personal and other information we may collect about you are primarily from four sources: (a) information you provide; (b) information provided by your employer; (c) information collected via the App; and (d) information automatically collected. The legal bases for our processing of Personal Information are primarily that the processing is necessary for providing the Services and that the processing is carried out in our legitimate interests, which are further explained in the “How Do We Use Your Information?” section. We may also process Personal Information upon your consent, asking for it as appropriate.
a) Information You Provide
When you access the Services, we may ask you to voluntarily provide us certain information that personally identifies you or could be used to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your mailing address, e-mail address and phone number); (2) demographic data (such as your postal code); (3) professional information (such as your company name, your function and your employee ID); (4) schedule information; (5) incident report data (including without limitation time, action, details, location, etc.); (6) license information; and (5) other identifying information that you voluntarily choose to provide to us and/or required by your employer, including without limitation unique identifiers such as passwords, photos, or Personal Information in emails or letters that you send to us. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent. If you choose to withhold any Personal Information, requested by us, it may not be possible for you to gain access to certain parts of the Service.
b) Information Provided by your Employer
Your employer may give us information about you: (1) when creating a user profile for you in order to enable you to access the App under the Employer Agreement (whether on a trial or full basis) or to enable us to provide our Services. This information may include your name, company email address, company telephone number, job title, level of seniority, department, work start date, salary and primary office location; (2) otherwise in the course of your employer’s use of the App.
c) Information Collected via the App
Depending on your device, our App may request certain permissions that allow it to access your device data. By default, you must grant these permissions before the respective information can be accessed. Once the permission has been given, you can revoke it at any time and it is your responsibility to monitor/adjust them in accordance with your preferences. In order to revoke these permissions, you may refer to the device settings. The exact procedure for controlling app permissions may be dependent on your device and software. Please note that the revoking of such permissions might impact the proper functioning of the App. If you grant any of the permissions listed below, your information may be collected by the App:
- Phone: This permission allows the App to open your phone app to make outbound calls using phone numbers stored within the App. Your phone number will also be collected to serve as a distinct identifier for validation and setup requirements. A few examples would be to contact your company’s emergency number, the local emergency services number or contacts at any of the locations you are working at. There are no components in the App which permit us to listen in on, record or tracks calls being made. All call actions being made will appear on screen when your phone app is opened after selecting an option to make a call. Once you have signed out of the App, there are no functions used to prompt a call from your device.
- Location: This permission is used to grant the App access to transmit your device’s location, using Google’s location services, to the TrackTik server when you signed in and using the App. This is done to provide your employer with your location while you are working to ensure your safety. When you sign out of the App, all location transmissions are cut – TrackTik will not be able to access your location.
- Camera: This permission is needed to allow the App to use your camera when taking pictures or video from within the App or when the remote safety recording is triggered by your employer. Like the phone permission, the App will simply open your camera app so that you can take the picture to add to a report or record a video (watch mode). The remote safety recording feature can be triggered by your employer if they have enabled the feature. The screen will change on your device so that you are aware of the recording. Once you have signed out of the App, there are no functions used to access your camera. In some countries or states video recording is not permitted, this feature can be disabled by your employer to meet all regulations in your area.
- Microphone: Almost identical to the camera permission, the microphone permission is requested so that the App can record audio during a video recording or as part of the remote safety recording feature triggered by your employer. Your microphone cannot be accessed once you have signed out of the App. In some countries or states audio recording is not permitted with video, this can be configured by your employer to meet all regulations in your area.
- Storage: The App requests access to your device’s storage so that it can access the images and videos taken from within the App and delete them once uploaded to the TrackTik server. There is also an option to upload images from your device instead of having to take the picture from within the App itself. This permission gives us the ability to access those images – we do not access any other data saved on your device. Like all other permissions the App requests, access to your device’s storage is not permitted once you have signed out of the app.
d) Information Automatically Collected
3. How Do We Use Your Information?
We take steps designed to ensure that only the employees who need access to your Personal Information to fulfil their employment duties will have access to it.
We use the information that we collect in a variety of ways in providing the Services and operating our business, including:
- to operate, maintain, enhance and provide all the features of the Services, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Services;
- to carry out our obligations arising from the Employer Agreement;
- to understand and analyze the usage trends and preferences of our users, to improve the Services, and to develop new products, services, features, and functionality;
- to prevent and detect fraud or misuse of your products, Services and App;
- to send you communications subject to applicable laws;
- or to comply with legal and regulatory requirements where applicable.
4. With Whom Do We Share Your Information?
In certain circumstances, and in order to perform the Services, we may disclose certain information that we collect from you:
- within our family of companies, which includes parents, corporate, affiliates, subsidiaries, business units and other companies that share common ownership;
- with your employer in accordance with the Employer Agreement;
- with third-party service providers working on behalf of TrackTik;
- with emergency service providers;
- with law enforcement and governmental entities when required by law;
We may finally make certain automatically-collected, aggregated, or otherwise non-personally identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding your interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Services.
5. How Do We Store Your Information?
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By visiting the Website, downloading the App or using the Services, you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than in your country. While such information is outside of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
TrackTik has implemented various physical, administrative and technical safeguards designed to protect the confidentiality and security of Personal Information under our control. However, no security measures are absolute or wholly guaranteed and you must be aware that there is always a certain level of risk that the Personal Information you provide to us will be disclosed without your consent and without fault on the part of TrackTik. If you believe your Personal Information has been compromised, please contact us as set forth in the “Contact Us” section. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
6. Rights Regarding Your Personal Information
Tracktik acknowledges that you have the right to access and correct your Personal Information, in accordance with applicable law, or additional rights under the GDPR. Tracktik collects information under the direction of your employer, and has no direct relationship with you. If you would no longer like to be contacted by your employer and/or would like to access or correct your Personal Information, please contact your employer that you interact with directly.
7. Children’s Privacy
The Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Services at any time or in any manner. If we learn that Personal Information has been collected via the Services from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has provided Personal Information, then you may alert us as set forth in the “Contact Us” section and request that we delete that child’s Personal Information from our systems.
9. Contact Us
TrackTik Software ULC
4200 St Laurent Blvd #445
Montreal, QC H2W 2R2