Privacy Policy – ActProactive Mobile App

This Privacy Policy describes the manner in which TopLine Results Corporation and its affiliates and subsidiaries (“Company”, “We” or “Us”) collects, uses, maintains and discloses information collected from users (“You” or a “User”) of the ActProactive Application (“App”). This privacy policy applies to the App and all products and services offered by Us related to the App. Your use of the App requires Your agreement to the Terms of Use, which can be found here: http://www.actproactive.com/apptermsofservice/

How Do We Collect Personal Information?

We collect personal identification information that You provide to us when You:
  • Sign up for an Account
  • Respond to health questions
  • Respond to a survey
  • Fill out a form
  • Submit or provide content
  • Engage in other activities, services, features or resources we make available on the App that request your information.
The information You provide and We collect may include Your:
  • Name
  • Employer name and address
  • Title or role
  • Function or department
  • Name of supervisor
  • Work location(s)
  • Contact information, such as
    • Phone number
    • E-mail address
  • Health information, including:
    • Current symptoms
    • Current treatments
    • Exposure to others with COVID-19 symptoms
    • Exposure to others with confirmed COVID-19 cases
    • Positive or negative COVID-19 test results
    • Health care provider visits
    • Other health information
  • Other personal information you provide to us

How Do We Use This Information?

To provide services to Your Employer
  • We use the information You provide Us to inform Your Employer about your current health status and work location. Your Employer will use data from You and Your co-workers to make business decisions about managing on-going operations for team members and clients.
To provide services to You
  • We use the information You provide to us to provide the Services You and your Employer have requested
To improve customer service
  • Information You provide helps us respond to your customer service requests and support needs more efficiently.
To improve user experience
  • We may use information in the aggregate to understand how our Users and Employers as a group use the services and resources provided on the App.
To improve the App
  • We may use feedback Users provide to improve our products and services.
To operate a feature of the App, and to provide information of interest to Users
  • To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic texts or emails
  • We may use the cell phone number or email address to send User information and updates. They may also be used to respond to User inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
For the purposes specified at the time of collection
  • There may be other purposes that are specified when the information is collected
As content on the App, when uploaded by You or with Your permission
  • We may permit You to upload pictures or comments to the App or to the App Store, including reviews regarding the App
As otherwise required or permitted by law
  • There may be times when the law permits or requires Us to use information for other purposes.
The App requires the use of a username and password. A valid email address/username and password is required to set up an account to use the App.
  • You are responsible for maintaining the confidentiality of your username and/or password and for restricting access to your account.
  • You agree to accept responsibility for all activities that occur under your account or password.
  • You agree to provide only current, complete, accurate and truthful contact information.

How Can You Correct This Information?

  • Contact your Employer to change information about your User Profile. Your Employer has access to a registration portal for all employees.
  • You can complete a web form (link to be provided) asking that information be corrected.
  • If you change employers, You can update employer information in “Settings”

What Information is Automatically Collected?

We collect certain information automatically, including:
  • The IP address of the computer or other device You are using;
  • The browser name and the type of computer or other device You are using;
  • Technical information about Your computer or other device, such as the operating system and the Internet service provider You are using, and other similar information.
This information is not considered personally identifiable unless it is combined with your User ID, contact information, account information, or other information that is unique to You. We may combine this information with your User ID, contact information, account information, or other unique information in order to provide the Services that you have requested, to troubleshoot problems, or to provide better service to You or other Users.

Device Identifiers, Cookies, and Other Tracking

The App uses unique device identifiers (“UDID”), “cookies” or other tracking capabilities to enhance User experience. The UDID is an identifier that uniquely identifies your device and allows the App to recognize You and Your device when you return to the App. Cookies are small text files that are placed on Your device that help identify Your device and may allow some tracking of information. Cookies, UDID and the other tracking technologies used by the App are intended to improve User experience. For example, the cookies or UDID can help the App remember You between visits. You can set Your device to refuse cookies, or to alert You when cookies are being sent. However, if You refuse cookies, certain areas of the App may not work as designed. It is not possible to refuse the UDID, as that is necessary for the App to work. However, the information from the UDID is only used to make the App work as well as possible for you.

Google Analytics Notice. We use Google Analytics, which uses cookies to analyze traffic on the App. For instance, Google Analytics tells us how many people have used the App, how they move through the App, and how long they spend on each area of the App. We typically do not connect this analytical information with identifiable information like name or phone number, although the analytics may associate information with a geographic location, device identifier, or IP address.

How Do We Protect Your Information?

We use reasonable data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on the App or our servers. However, it is impossible to guarantee security of any data stored on a device or transmitted over the Internet. While we seek to protect information, we cannot guarantee the security of any personal information You provide through the App.

We take data security very seriously. Your data will be stored in a secure Microsoft Azure environment. Here is the link for Microsoft Azure compliance documentation: https://docs.microsoft.com/en-us/azure/compliance/

We go to great lengths to protect your information, but we cannot do it alone. Data protection is a shared responsibility; you play a key role. You must protect the safety of your personal device along with your logon credentials.

Information submitted through the App may not be private. Co-workers may be able to see certain health information, such as temperature and whether a co-worker has been exposed to individuals known to have COVID-19. While this information is not considered medical information subject to healthcare privacy laws, the Company expects its users to respect the privacy of others and to use the information only for the purposes intended under this App. The Company reserves the right to terminate your access to the App if this information is misused in any way.

How Do We Share Your Personal Information?

We do not sell, trade, or rent Your personal identification information to others.

We will share your information with your Employer. Information shared with your Employer includes Your responses to the Health Questions and general information about your work location. However, location data from your phone is not shared.

We may share information about Users of the App:
  • With our business partners and trusted affiliates to help provide services that are described above.
  • With third party service providers that help us operate our business and the App or administer activities on our behalf.
  • With companies that provide services to us, such as hosting services and the App stores.
  • With companies that are disclosed to You at the time You provide the Information.
  • As permitted or required by law; for example, to comply with a court order or subpoena, or to prevent or investigate a crime or fraud. We may share information, if necessary, to enforce this Privacy Policy or Terms of Use of the App. We reserve the right to report to appropriate law enforcement or government agencies activities that We, in good faith, believe to be harmful or unlawful, with or without providing notice to You.

Third party Links

Users may find content on our App that link to the sites and services of our partners, suppliers, sponsors, licensors and other third parties. We do not endorse the products of those companies, do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our App. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our App, is subject to that website’s own terms and policies.

Protecting Children's Privacy

This App is intended to be used by workers of Employers who have engaged ActProActive services. Typically, these individuals are over the age of 16. We do not knowingly collect personal information from children under 13 years of age. If We become aware that We have collected personal information from a child under 13 years of age, We will promptly remove such information. If You believe We have collected information from your child, please notify us through “Contact Us”.

California Do-Not-Track Notice

Many internet browsers have “Do Not Track” features which, when turned on, send a signal (the “DNT signal”) to websites and applications a User visits that indicates the User does not want to be tracked. Because there is not yet a common understanding of how to interpret DNT signals, and there is no common definition of “tracking”, we do not currently respond to DNT signals. You can learn more about Do-Not-Track at https://allaboutdnt.com/.

Updating Your Information

If your information needs to be updated, corrected, or deleted, please notify your Employer, who has full access to the registration portal. If your Employer is unable to assist, contact us at support@actproactive.com. Your personal information can only be deleted in accordance with our data retention policy, and as permitted by law. Further, personal information may remain in databases, access logs, backup media, and other records. We cannot update or remove information from records of your Employer or third parties.

Disclaimer

The content provided by and made available on the App is for general information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. We strongly encourage internet users to be careful when using medical information. If you are unsure about your medical condition, consult a physician. Although we carefully review our content, we cannot guarantee or take responsibility for the medical accuracy of the content we provide, nor can We accept any liability for the content of information that is available through the App.

While we attempt to keep the App updated, We do not guarantee or warrant the accuracy, reliability, or timeliness of any information published on the App or any website that links to or is linked from our App. Neither Company nor any subsidiary or affiliate, nor any employee, owner, director, trustee, employee, or contractor shall be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Any person or entity that relies on any information obtained using this App does so at his or her own risk. While we exert reasonable efforts to maintain the privacy and security of all information that is accessible, or accessed, through the App, all Users acknowledge that electronic information is susceptible to unauthorized access, and that such information may be used, disclosed, modified or corrupted without authorization or unintentionally.

COMPANY HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, TRUSTEES, OWNERS AND CONTRACTORS (“COMPANY INDEMNITEES”), ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY INDEMNITEES WILL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE APP OR THIS PRIVACY POLICY INCLUDING BUT NOT LIMIITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING INCLUDING THROUGH NEGLIGENCE, LOSS OF USE, LOSS OF DATA OR OTHER INFORMATION, LOSS OF INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE APP OR THE BREACH OF CONFIDENTIALITY OF DATA. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED $5 USD.

Each User shall defend, indemnify and hold harmless the Company Indemnitees from and against any loss, damage, claim, charge, demand, liability, loss or expense arising from or related to the use or failure to use the App by such User, include costs related to introduction of viruses or other malware or a breach of privacy or security of the App.

Changes to this Privacy Policy

We have the discretion to update this privacy policy at any time. When We do, We will revise the “updated” date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how We collect and use Your information. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

International Access; Acceptance of Policy

If You are using the App when outside the United States of America, Your information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in other jurisdictions. By using the App, you acknowledge that We collect and process Your data as described in this Policy. We collect and use information as reasonably necessary to fulfill Your requests for our Services, to operate Our business, and to comply with law. You acknowledge that these are acceptable reasons to collect and process Your data. You also consent to the transfer of Your information to the United States and the use and disclosure of Your information as described in this Privacy Policy. If You want Us to correct, delete, or no longer process Your data, please contact us at the “Contact Us” address below. You understand and agree that a request for us to delete or no longer process Your data means that you can no longer use the App, as it is necessary for Us to process Your data to provide the Services.

Healthcare Privacy

While the App collects health-related information, the Company is not a healthcare company and Your data is not protected by healthcare privacy laws. As a tool to decrease the workforce-related spread of COVID-19, this App is intended to act as an epidemic-related countermeasure under the PREP Act, and is intended to function as a tool to improve wellness and help Employers manage workforce concerns related to exposure to infectious diseases such as COVID-19. Because these records are employment records, they are not considered medical records and are not protected by healthcare privacy laws. For more information, see https://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html

Contact us

If you have any questions about this Privacy Policy or Your interactions with the App, please contact us at support@actproactive.com.

This document was last updated on June 8, 2020.
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