Product Data Protection Notice – September, 2019
Important Information

 

We at Workware USA are committed to protecting your data. The data protection practices set forth in this Product Data Protection Notice (the “Product Data Protection Notice”) are for technology platforms owned by Workware USA, Inc. (“Workware USA”, “we”, “our”, or “us”). This Product Data Protection Notice tells you how Workware USA uses Personal Data collected on our technology platform(s). “Personal Data” means any personally identifiable information such as your name, address, date of birth, phone number, and email address.

By using our technology platform(s), you are accepting the practices described in this Product Data Protection Notice. If you do not agree with the data practices provided in this Product Data Protection Notice, you should not use products and services provided by Workware USA. We may make changes to this Product Data Protection Notice at our sole discretion at any time. We encourage you to periodically review this Website Data Protection Notice to stay informed about our collection, processing, and sharing of your Personal Data. Your continued use of the Software after we make changes to the Product Data Protection Notice is deemed to be acceptance of those changes.

For the avoidance of doubt, this Product Data Protection Notice only applies to the extent we process Personal Data in the role of a processor on behalf of our customers. If you have executed a Data Protection Agreement with Workware USA, the terms of such agreement will supersede this Product Data Protection Notice.

What This Notice Covers:

This Product Data Protection Notice applies to the processing of Personal Data collected by us when you:

  •  Use our products and services (where we act as a processor of your Personal Data)
  • Create an account to use our products and services on behalf of your employer

 

Personal Data Workware USA Collects

The Personal Data that we collect directly from you includes the following:

  • Business Contact information: first name, last name, employer, title, city, state, country, phone number, IP address, and business email addresses
  • Automatically collected information: information collected via cookies and web beacons, including IP address, browser name, operating system details, domain name, date of visit, time of visit, and pages viewed, or other similar information

 

Protected Health Information, Payment Card Information and other Sensitive Information.

Workware USA does not need, nor does it request, any protected health information (“PHI”) governed by the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), nor does it need or request any non-public consumer personally identifiable information or financial information governed by the Gramm-Leach-Bliley Act (“GLBA”) or payment card information covered by the Payment Card Industry Data Security Standards (“PCI DSS”) in order to provide its products and services. You should never disclose, or allow to be disclosed, PHI, information protected by PCI DSS or GLBA, or other sensitive information to Workware USA. All obligations of the aforementioned regulations remain solely with you, on behalf of your organization.

Visitors under the age of 16

Our Website and our technology platforms are not intended for persons under the age of 16. Thus, we do not intentionally gather Personal Data from visitors who are under the age of 16. If you are under the age of 16, please do not submit your Personal Data via our submission forms.

How Personal Data is Collected

Personal Data is collected by Workware USA when it is shared by your organization’s account administrator (the “Account Admin”), at the discretion of your organization. Personal Data will also be requested from you through our products and services (i.e. technology platforms) by your Account Admin at your organization’s discretion. Workware USA collects the minimum information necessary to provide its products and services to you.

Cookies and Other Identifiers

We use common information-gathering tools, such as tools for collecting usage data, cookies, web beacons and similar technologies to automatically collect information that contain Personal Data from your computer or mobile device as you navigate our Site, use our services, or interact with emails we have sent to you.

Cookies, web beacons and other tracking technologies on our products and services

Workware USA uses cookies and other tracking technologies when users interact with our products and services. Cookies are small text files that are placed on your computer by a website. Each one of these cookies contain an identification number, IP address, and the time and date last accessed. Workware USA does NOT use these cookies contained within our products and services for targeted advertising.

Below are the two types of cookies that are used on Workware USA’s platform for its products and services.

  • Session based cookies – These are only used to determine how long you remain on the platform and immediately expire when you leave our platform or logout.
  • Support cookies – These cookies allow us to track onboarding times and other metadata in order to provide better service to our users.
  • Location enabled cookies – These cookies allow us to track your location at the time of use of our products.

Most browsers are set up to accept cookies. If you choose, you may refuse to accept cookies or set up your browser so that it notifies you when you receive a cookie.

How We Use Your Personal Data

We collect and process your Personal Data for the purposes and on the legal bases identified in the following (where we act as a processor of your Personal Data):

Where we have entered into a contract:

  • For the use of our Website including any products and services
  • In order to provide support for our products and services (you can reach out to us by phone or email)
  • For any managed services that we provide to you from time to time

Legitimate interest is the legal basis for processing the following:

  • To assess and improve your experience of our Products (such as analyzing trends or tracking your usage and interactions with our products and services in order to improve your overall experience)
  • For security purposes such as investigations of suspicious activity or for compliance purposes (such as investigating fraud or misuse of our Products)
  • For other purposes that arise from time to time

Workware USA processes and discloses Personal Data when cooperating with appropriate regulatory and government authorities. When Workware USA processes Personal Data for this purpose, the legal bases for processing shall be for compliance with a legal obligation to which Workware USA is subject.

Who Do We Share Personal Data With?

We may occasionally use third-party businesses to provide products and perform specialized services for data processing. When we provide Personal Data to these businesses, they are not permitted to use the Personal Data for any reason outside of the scope for which we contracted them.

The ways in which we may share your Personal Data include the following:

  • When we use our third-party processors (such as Amazon Web Services) in the performance of our services. This is required for us to provide our services to you. We execute contracts with our third parties to ensure they fulfill their data protection obligations.
  • With Workware USA affiliates and other companies that become part of Workware USA in the future.
  • We may also disclose your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Finally, we may also disclose your information for any other purpose disclosed by us when you provide the information or with your consent.

Workware USA reserves the right to disclose your Personal Data under the following conditions: (1) when permitted or required by law; (2) when trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (3) when investigating suspected fraud which has already taken place.

Sale of Personal Data

Workware USA will never sell your Personal Data.

Account Admin(s)

An Account Admin is the person responsible for owning the product or service and delivering the service to members of his/her respective organization. When you or your Account Admin uploads information (such as business email address) into our products and services, you and/or the Account Admin acknowledge that is has been done at the discretion of the organization that you or your Account Admin represent. In this scenario, the Account Admin’s organization is the “controller” of the Personal Data and Workware USA acts as a “processor” of the Personal Data. Workware USA is legally bound by the applicable terms for the products and services purchased, such as the Workware USA Terms of Service, other applicable agreements for services between Workware USA and your organization, and/or Data Processing Agreements to only process data as authorized by the agreement(s) and upon the instruction of the controller. If you have any detailed questions regarding these agreements, please contact your Account Admin or Workware USA directly and we will forward your request to your appropriate organizational contact.

As an Account Admin, your Personal Data will be used to communicate with you for support purposes or to follow up on requests made by you or another user of the console.

Subject to legal and contractual requirements, you may refuse our collection of your data or withdraw consent to further collection. Your Personal Data will never be used outside of the scope for which Workware USA was contracted.

Opt-Out

Since the products and services provided are at the request of your organization, you can contact your organization’s Account Admin in order to opt out of the products and services provided. Additionally, you can contact your Account Admin to make changes to your Personal Data. Workware USA does not have control over how your organization uses your Personal Data for their purposes. You can also contact us to contact your organization on your behalf.

International Transfers of Personal Data

Your Personal Data may be collected, transferred to, and stored by us in the United States and by our affiliates in other countries where we operate.

Therefore, your Personal Data may be processed outside the European Economic Area (EEA), and in countries which are not subject to an adequacy decision by the European Commission, and which may not provide for the same level of data protection as the EEA. In this event, we will ensure that the recipient of your Personal Data offers an adequate level of protection, for instance by entering into an agreement to abide by standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or another mechanism approved by the EU Commission.

Data Security and Retention

Your Personal Data is kept secure. Only authorized employees, agents, and contractors (who
have agreed to keep information secure and confidential) have access to this information. To provide our products and services, we occasionally use third party businesses (“Third Party” or “Third Parties”) to perform specialized services in regard to data processing. When we provide data to these businesses, they are not permitted to use data outside of the scope for which we contracted them.

We (and our third-party service providers) use a variety of industry standard security measures to prevent unauthorized access, use, or disclosure of your Personal Data. These security measures consist of but are not limited to data encryption and physical security. No method of transmission or method of electronic storage over the internet is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Workware USA will retain your Personal Data for the period necessary to fulfill the purpose outlined in this Product Data Protection Notice unless a longer retention period is required by applicable data privacy law.

We take reasonable steps to ensure that your Personal Data is accurate, complete, current, and otherwise reliable for its intended use. We will not process Personal Data in a way that is incompatible with the purposes for which it was collected. If your Personal Data has been disclosed to a third party, and it has been deemed incorrect by you, Workware USA will contact the Account Admin and will work with third parties to request a correction to the information.

If Workware USA obtains knowledge that one of our service providers or employees is in violation of this Product Data Protection Notice, Workware USA will take commercially reasonable steps to prevent or stop the unauthorized use or disclosure of your Personal Data. Workware USA takes data privacy seriously. Therefore, we agree to take commercially reasonable measures to ensure the proper handling of your Personal Data by our employees and service providers.

3rd Party SMS Terms of Service and Delivery

We use third-party businesses to provide products and perform specialized services for the sending and receiving of SMS/Text Messages. We abide by their terms of service which in-turn require that you agree and abide by the following 3rd party terms of service as well:

  • When you opt-in to the service, we will send you an SMS message to confirm your signup.
  • You can cancel the SMS service at any time. Just text “STOP” to the provided short-code or phone number originating the SMS message. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  • If at any time you forget what keywords are supported, just text “HELP” to the provided shortcode or originating SMS phone number. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
  • We can deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
  • As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {1-2 SMS Messages}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to: support@tpvninja.com.

Your Rights

You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EEA, these rights include:

  • Accessing, correcting, amending, deleting your Personal Data;
  • Objecting to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
  • Not being subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”). Automated Decision-Making currently does not take place within our products or in our services; and
  • To the extent we base the collection, processing and sharing of your Personal Data on your consent, withdrawing your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

How to exercise your rights

To exercise your rights, please contact us at webmaster@workwareusa.com.

Contacting Us

To exercise your rights regarding your Personal Data, or if you have questions regarding this Product Data Protection Notice or our data protection practices please send an email to webmaster@workwareusa.com. Alternatively, you may send notice by way of mail at the address listed below:

Workware USA, Inc.

100 N. Belcher Rd. – Suite A

Clearwater, FL 33765, USA

Attn: Workware USA

We are committed to working with you to obtain a fair resolution of any complaint or concern about your data. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.