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Privacy Policy

TrackTik Software Inc. (“TrackTik”, “us”, or “we” ) is committed to providing transparency to its customers and users with respect to its practices in handling their personal information. To that end, this Privacy Policy describes how we collect, use and disclose personal information and how this personal information can be consulted and corrected when necessary.

By visiting the website <https://www.TrackTik.com/> (“Website”), downloading the associated mobile application (“App”) or using associated services (collectively “Services”), by contacting us or agreeing to receive emails from TrackTik, you accept the terms and conditions of this Privacy Policy.

This Privacy Policy does not extend to websites or services operated by third parties. TrackTik is therefore not liable for their privacy policies, procedures and practices regarding the protection of personal information.

This Privacy Policy is incorporated into, and is subject to, our Terms of Service. Capitalized terms used but not defined in this Privacy Policy have the meaning given to them in our Terms of Service.

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.

References in this Privacy Policy to “your employer” shall refer to the entity who has entered into the Employer Agreement with us, whether or not as a matter of law you are an employee, consultant or contractor of that entity, and such references are not intended to characterise or prejudice your status vis-à-vis that entity.

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. 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 video 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

TrackTik may employ browser cookies or similar technologies to identify the computer, mobile device, and record your preferences and other data. We use browser cookies or similar technologies to evaluate how our Services, devices or applications are used and to provide continuous improvement to our products, Services and applications, to make recommendations, and to complete transactions you request. Cookies may be stored locally on mobile devices or on computer servers operated or controlled by third party vendors of TrackTik. In addition, when you visit our Website or use our App, our systems automatically collect your IP address and the type of browser that you use. We may employ third-parties to place advertisements about our products, Services and applications on other websites. The use of cookies or other similar technologies by such third parties is governed by their privacy policies. You may limit the automatic collection of certain information by our Website or App by disabling the cookies using your browser options. Please be aware that disabling cookies may prevent you from using specific features on our Website or App, such as maintaining an online account.

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 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, feature, 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; and
  • to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of your Personal Information commits to a privacy policy that has terms substantially consistent with this Privacy Policy.

When we disclose your Personal Information to third parties, we take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with and these third parties provide sufficient guarantees to implement appropriate technical and organisational measures.

We may finally make certain automatically-collected, aggregated, or otherwise non-personallyidentifiable 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 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.

However, our practices regarding your Personal Information will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with the General Data Protection Regulation (“GDPR”) requirements providing adequate protection for the transfer of Personal Information from the EU/EEA to third 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.

We will only keep your Personal Information for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Policy and in order to comply with our legal and regulatory obligations. If you would like further information regarding the periods for which your Personal Information will be kept, please contact us as set forth in the “Contact Us” section.

6.   Rights Regarding Your Personal Information

Tracktik acknowledges that you have the right to access and correct your Personal Informationin 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.

8.   Update

We will update this Privacy Policy from time to time to reflect changes to our practices, technologies, legal requirements and other factors. Please check the “Last Updated” legend at the bottom of this page to see when this Privacy Policy was last updated. When changes are made to this Privacy Policy, they will become immediately effective when published in an updated Privacy Policy posted on this page unless otherwise noted. Your use of the Services following these changes indicates your consent to the practices described in the updated Privacy Policy.

9.  Contact Us

If you have any questions or comments about this Privacy Policy or your Personal Information, to exercise any applicable rightsto make a complaint, or to obtain information about our policies and practices with respect to any service providers outside Canada, our Privacy Officer can be reached by mail or email using the following contact information:

 

Privacy Officer
TrackTik Software Inc.
4200 St Laurent Blvd #445
Montreal, QC H2W 2R2
[email protected]

[Last Updated: July 2018]