Terms of Use & Privacy Policy – ActProactive Management Portal

TopLine Results Corporation (“TopLine”) and its affiliates provide the ActProActive Platform (the “Platform”) for customers of TopLine (“Employers” or “You”) as a means of conducting fitness-for-work screening of employees prior to the commencement of the workday. The Platform is intended to be used with TopLine’s ActProActive Application (the “companion Application”), which permits workers to provide health information prior to beginning work each day.

These Terms of Use constitute a binding agreement between You, acting as an agent of Employer and individually, and TopLine, along with the Privacy Policy, each of which may be changed from time to time, without notice except for posting to the Terms of Use and Privacy Policy sections of the Platform, at TopLine’s sole discretion. Your continued access of the Platform shall constitute acceptance of any modified Terms of Use or Privacy Policy. If you do not agree with these Terms of Use or the Privacy Policy, you must not use the Platform. TopLine has the right to determine whether there has been a violation of the Terms of Use and has the right to determine the action that will be taken in response to a violation, including, but not limited to, legal proceedings.

Information Disclaimer

The information contained on, or accessible through, the Platform is provided by TopLine on an “as-is” basis. TopLine disclaims any warranty or representation, express or implied, statutory or otherwise, about its accuracy, reliability, completeness, or appropriateness for a particular purpose, to the fullest extent permitted by law. You assume full responsibility for using and verifying the information on the Platform, you utilize the Platform at your own risk, and you understand and agree that TopLine is not liable for any claim, loss, or damage resulting from use of or inability to use the Platform.

The views and opinions expressed in media available on the Platform are those of the speakers or authors and do not necessarily reflect TopLine’s views or opinions.

Use of The Platform

The information on the Platform is offered solely for general information purposes. The Platform may be used only for lawful purposes.

The Platform is intended to provide a means by which Your workers can provide information regarding their current health and known exposure to infectious diseases, particularly COVID-19, to permit You to plan and manage Your workplace and decrease the risk of workplace transmission of disease. The Platform relies on accurate reporting by Your workers and is not responsible for any failure of a worker to accurately and completely provide requested information. You are responsible for ensuring compliance with any and all applicable laws related to collection, use, maintenance, and reporting of health-related information of employees and other workers. To the extent required, You are responsible for obtaining the prior consent of Your workers to the collection, use, maintenance and reporting of health-related information of Your workers.

Links to Third Party Sites

Some hyperlinks in the Platform may take you outside of the Platform or link to articles, videos, other third-party media (“Linked Sites”), or to social media platforms such as LinkedIn or Facebook (“Social Media”). The presence of a hyperlink to another website does not indicate any endorsement or approval of goods or services offered by the company or through the linked website. The Linked Sites and Social Media are not under TopLine’s control. TopLine is not responsible for the content on Linked Sites or Social Media, any hyperlinks contained in Linked Sites or Social Media, any changes or updates to such Linked Sites or Social Media, of the privacy practices of such Linked Sites or Social Media.

These Terms of Use and Privacy Policies do not apply to such third-party websites. Please note accessing Linked Sites or Social Media may enable data collection and sharing based on the applicable third-party policies. TopLine encourages you to read such applicable policies. TopLine may gain access to information made available via such Linked Sites or Social Media. You are responsible for restricting access to information via Linked Sites and Social Media using the available controls on such third-party platforms.

Intellectual Property Rights

All rights, title, and interests in and to any intellectual property related to the Platform, and any documentation downloaded or printed from the Platform, excluding only the health information provided by workers and the specific information related to Users, are owned by TopLine and no rights are licensed or otherwise transferred by such publication or your access thereto. All rights in content, and the trademarks, service marks, and logos of TopLine and the ActProActive application, dashboard and Platform, are reserved to TopLine. Your use of such items for any reason without TopLine written permission is strictly prohibited.   If you, on the other hand, believe your copyright has been infringed by a publication through the Platform, please visit TopLine’s Copyright Notice Page.

DISCLAIMER

TOPLINE DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON THE PLATFORM OR COMPANION APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR COMPANION APPLICATION IS FREE OF VIRUSES OR OTHERWISE SAFE FOR USE. THE PLATFORM AND COMPANION APPLICATION, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY PLATFORM-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, APPLICATION, PLATFORM-RELATED SERVICES, AND ANY LINKED SITES AND SOCIAL MEDIA.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you if you reside in such jurisdiction.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPLINE OR ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THE WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS NOT FULLY ENFORCEABLE, TOPLINE’S LIABILITY SHALL BE LIMITED TO $5.00 USD.

Legal Notices

Notices to TopLine should be sent to:

Legal Jurisdiction

The laws of the State of Wisconsin shall govern the relationship between TopLine and You, and Your use of the Platform and companion application, and apply to all proceedings related to the Platform and these Terms of Use and Privacy Policies. You hereby agree to submit to the personal jurisdiction of the state and federal courts for or located in Waukesha County, Wisconsin. You irrevocably waive any defenses to such personal jurisdiction including forum non-conveniens.

Privacy Policy

The Platform and TopLine offerings are currently targeted only at persons in the United States. Neither the Platform nor the companion Application are targeted at any “Member States” of the European Union or the European Economic Area. TopLine does not seek or intend to collect any “Personal Data” subject to the General Data Protection Regulation.
The Platform, excluding unaffiliated hyperlinked sites, is controlled by TopLine, which is located in the United States. If you are using the Platform 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 Platform, you acknowledge that TopLine collects and processes your data as described in these Terms of Use and Privacy Policies. TopLine collects and uses information as reasonably necessary to fulfill your requests for services, to operate its 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 these Terms of Use and the Privacy Policy, below. If you want TopLine to correct, delete, or no longer process your data, please contact us as described in the “Contact Us” section 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 Platform, as it is necessary for us to process Your data to provide the services and permit You to access the Platform.
The following provisions apply to information TopLine collects through use of the Platform (“Privacy Policies”). TopLine’s use, disclosure, processing and storage of information collected, gathered or obtained through the Platform is subject to the Privacy Policy in effect at the time of such use, disclosure, processing and storage.

What Information TopLine Collects

TopLine collects and stores the information You enter on the Platform or provide in any other manner, and the information Your workers enter through the companion Application. The information collected through the companion Application is described in the Privacy Policy for the Application, which can be found here: http://www.actproactive.com/appprivacypolicy/
The information collected through the Platform includes information which You enter, or which is submitted through the companion Application, including information entered when You:
  • Complete the online forms to create an account;
  • Otherwise transmit or upload information to the Platform;
  • Contact us using online forms or email, or other means of communication; or
  • Request information or assistance through the Platform.
The personal information you provide to TopLine may include:
  • The name of Your company
  • Your name;
  • Your title at the company;
  • Your username and password;
  • Your business e-mail address;
  • Your company address;
  • Your business telephone number;
  • Your cell telephone number;
  • Information regarding Your workers;
  • Health information submitted by Your workers;
  • Work assignments for Your workers; and
  • any other personal information that you include in a user profile or in other submissions to TopLine.
You can choose not to provide personal information to TopLine; however, without the information TopLine will not be able to provide you services and You cannot use the Platform.
TopLine also collects and stores certain types of information automatically whenever you visit the Platform. In addition to information you provide, TopLine may collect:
  • Data about your access to the Platform, such as the domain name and host from which you access the internet;
  • Data about the computer or device you are using to access the Platform, such as the IP address and type of computer or device you are using;
  • Technical information about your computer or device, such as the browser, internet service provider and operating system you are using;
  • Platform analytical data, such as the date and time you access the Platform; the number of people visiting the Platform, what pages were visited and for how long, or similar information; and
  • Data on the links you click, and the other websites that you visited before and after visiting the Platform.
This information is generally not considered personally identifiably unless it is combined with contact information, account information, or other information that is unique to you. TopLine only combines automatically collected data with identification data if:
  • It is necessary to provide services you have requested;
  • It is necessary to complete a task you have asked us to perform;
  • In order to operate its business, including to troubleshoot problems with the Platform, or exercise its legal rights;
  • It is necessary to comply with our legal obligations; or
  • TopLine has informed you that automatically collected data will be combined with identifying data (for example, if you fill out a form that tells you identification information provided will be matched with automatically collected data).

How TopLine Uses Information

TopLine uses the information you provide, separately or in combination with pre-existing information, for the following purposes:
  • To provide quality products, services and functionalities to you or respond to your requests for information – TopLine may use the information you provide to provide the products, services, functionalities or information you have requested and to improve upon TopLine’s products, services, and functionalities;
  • To administer and improve the Platform and conduct TopLine’s business operations – TopLine may use the information you provide to provide you with information about TopLine or the Platform, to ensure functionality of the Platform, to understand how users as a group utilize and interact with the services, information and resources provided on the Platform, and to develop, test and improve the Platform;
  • To verify your identity – TopLine may use the information to confirm that you are who you say you are;
  • To improve customer service and provide technical or account support – TopLine may use information you provide to respond to customer service or technical support requests;
  • For purposes specified at the time of collection – TopLine may use information you provide for other purposes that are specified at the time the information is collected;
  • For any purpose with your express consent; or
  • As otherwise required or permitted by law – There may be times when the law permits or requires TopLine to use information for other purposes, such as to cooperate with government authorities, enforce TopLine’s legal rights, or to meet its legal obligations and requirements.
TopLine also uses the information that you provide to communicate with you through our outreach activities and initiatives, including through the use of trusted third-party partners. TopLine’s outreach may be for marketing or advertising purposes via e-mail, phone, or other mediums related to white papers, case studies, webinars, events, or otherwise. Such outreach will comply with applicable laws, rules, and regulations including CAN-SPAM and you should look for compliant markings and functions within such communications.
Information submitted to the Platform through the companion Application 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, TopLine expects its users to respect the privacy of others and to use the information only for the purposes intended under the companion Application and this Platform. TopLine reserves the right to terminate access to the Platform and the companion Application if this information is misused in any way.
By submitting information, ideas, or otherwise to the Platform, you grant to TopLine the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media, and waive any moral rights you may have in such content. TopLine shall be free to use any such ideas, concepts, or otherwise submitted to the Platform without liability to you.

How Information Can Be Removed, Accessed or Corrected

TopLine stores personal information until:
  • It no longer needs the information for the purpose(s) it was collected;
  • All legal requirements related to the data, including legal retention periods, have been fulfilled;
  • TopLine complies with your request to delete the data.
If TopLine requires the data to provide you with products or services, to detect or resolve issues with security or functionality-related issues, to safeguard the right to free speech, to carry out actions for internal business purposes as you would reasonably expect, or to comply with law, TopLine may not be able to delete the data even if you ask it to.

Cookies, Device Identifiers, Analytics and Other Tracking

The Platform uses cookies, unique device identifiers (“UDID”) or other tracking capabilities to enhance or improve user experience and collect information for purposes of analytics.
Cookies are small data files that are sent to your browser and placed on your computer’s hard drive when you visit a website. The information a cookie contains is set by a website’s server and can be used when the user visits or returns to the website. Cookies are designed to remember things that a user has done while on a website in the past. The use of cookies allows TopLine to measure site activity. You may be able to adjust your browser settings to block cookies or to notify you before a cookie is set. Please refer to your browser Help instructions to learn more about cookies and how to manage their use. Portions of the Platform may require cookies to work properly. If you block cookies, certain functionalities of the Platform may not be available to you.
UDIDs are identifiers that uniquely identify your device and allow the Platform to recognize you and your device when you return to the Platform. A UDID can help the Platform remember you between visits. While you can set your device to refuse cookies, or to alert you when cookies are being sent, it is not possible to refuse the UDID as it is necessary for the Platform to function properly. However, the information from the UDID is only used to make the Platform function as well as possible while you are using it.
TopLine uses Google Analytics, which uses the UDID to analyze traffic on the Platform. For instance, Google Analytics tells us how many people have used the Platform, how they move through the Platform, and how long they spend on each area of the Platform. TopLine typically does not connect this analytical information with identifiable information like name or phone number, although the analytics may associate information with a geographic location or device identifier.
You agree that your anonymized information may be used by TopLine to perform services or run its business. TopLine will not re-identify anonymized data.

How TopLine Protects Information

TopLine is committed to protecting personal information that is available through the Platform in accordance with this Privacy Policy. TopLine uses 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 Platform. Safeguards include physical, technical and administrative procedures that are intended to limit access to personal data only to those who need that access to perform legitimate functions. TopLine reviews its safeguards regularly to evaluate how they are working, and to determine if safeguards need to be added or changed.
However, even with all safeguards, transmission of information through the internet is not always secure and sometimes safeguards can be defeated. While TopLine seeks to protect your information, it cannot guarantee the security of the Platform or any personal information you provide through the Platform, and therefore all information transferred will be at your own risk.
You are also responsible for protecting against unauthorized access to your account on the Platform. TopLine recommends that you use strong password security, by using a mix of letters, numbers and symbols, and a different password for your TopLine account than you use for any other accounts that you may have. Keep your account information password confidential and do not share it with anyone. TopLine is not responsible for any lost, stolen or compromised passwords or for any access to your TopLine account from unauthorized users where caused by you. If you think your account has been compromised, please contact us as soon as you can as described in the “Contact Us” section below.

How TopLine Shares Information

TopLine does not sell, trade, or rent your personal identification information to others. TopLine may share information about visitors to the Platform:
  • With its business partners and trusted affiliates to help provide products and services to you;
  • With third party service providers that help TopLine operate its business and the Platform or that administer activities on TopLine’s behalf, such as sending out newsletters or surveys, if you have agreed to receive them;
  • With companies that provide services to TopLine, such as website hosting services or credit card processing services;
  • With companies that are disclosed to you at the time you provide the information;
  • With a prospective seller or buyer in the event of a sale or purchase of any TopLine business or asset so that the buyer can continue to provide you with information and services. Your personal information may be transferred to the other party as part of such transaction in accordance with applicable law;
  • With your express consent; or
  • As permitted or required by law, including to comply with its legal, regulatory, industry, self-regulatory, insurance, audit, and security requirements; for example, to comply with a court order or subpoena, or to prevent or investigate a crime or fraud. TopLine may share information if necessary to enforce these Terms of Use and Privacy Policies related to the Platform. TopLine reserves the right to disclose your personal information, with or without providing notice to you, based on a good faith belief that such action is necessary or appropriate to (i) prevent or mitigate harmful or unlawful activities, (ii) protect and defend its rights or property; and (iii) act in urgent circumstances to protect the safety or security of the public or of users of TopLine products, services and/or the Platform.
TopLine may aggregate data about visitors to the Platform in a non-identifiable manner and use it for a variety of purposes. For example, TopLine may aggregate data for product development and improvement activities, and you grant TopLine the right to use such data in this manner as well as the other manners set forth above.

Protecting Children's Privacy

The Platform and the companion Application are intended to be used by individuals over the age of 13. TopLine does not knowingly collect personal information from children under 13 years of age. If TopLine becomes aware that it has collected personal information from a child under 13 years of age, it will promptly remove such information. If you believe TopLine has collected information from your child, please notify us through “Contact Us.”

Do Not Track Notice

Many internet browsers have “Do Not Track” features which, when turned on, send a signal (the “DNT signal”) to the websites 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”, TopLine does not currently respond to DNT signals on the Platform. TopLine does not engage in targeted behavioral advertising.

Contact us

If you have any questions about these Terms of Use and Privacy Policies, how your personal information is collected, used and stored, or your interactions with this Platform, please contact us at:
OR
Last updated: June 8, 2020.
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