OnTrack™ Performance Tools Privacy Policy

Introduction

This privacy policy (“Policy”) details the information we collect when you visit, access or use our websites and mobile applications (individually and collectively, the “Site”) and related products and services, including subscription services, developer platforms, premium services, plug-ins or any content or information provided as part of the Site (together with the Site, the “Services”). The Services include, without limitation, OnTrack™ Performance Tools, GamePlan™, PeakPerformance™, TeamWork™, InsideView™, NetProphet™ and PrimeTime™ (each as applicable and together with its and their subsidiaries and corporate affiliates, “OnTrack™”) This Policy also describes the purposes for which we use such information, the steps we take to protect that information, and your choices regarding such information.

Your Agreement to This Privacy Policy

By accessing or otherwise using our Services, you are consenting to the information collection and use practices described in this Policy. You also understand and agree to be bound by the most current version of this Policy, which is the version then currently posted publicly at https://www.heathandco.com/privacy.html

If you are using the Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to consent to this Policy on behalf of such company or other legal entity. To the extent this Policy conflicts with any existing agreement between the company or other legal entity you represent and us, this Policy shall control and supersede such other terms and conditions with regard to the subject matter of this Policy. Additionally, if you are using the Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Policy even if your company has a separate agreement with us.

Data Controller vs Data Processor

When users access our Website and view information about us and our technology, communicate with us, download articles, and other information., we are the data controller.

When an individual engages with our services because their employer uses OnTrack’s services then the user’s employer is the data controller with respect to the user information it provides to us. When your employer is data controller in this way, we act as a data processor under data protection laws, meaning we use the information to provide a service to your employer.

OnTrack™ is the data controller for information provided directly by the individual, including survey data, support requests or personal data within our mobile application, or information provided in a contact form. To be clear, none of these additional profile details are required to utilize our site, but we can offer you an enhanced experience if you provide it.

Our Collection of Information

Information that we collect from the Services. Through your interaction with and use of the Services, we may collect information about you. The information we collect is either Personal Information or Non-Personal Information. “Personal Information” is information that can be used to identify you as a specific individual that we may collect through interactions with the Services such as your name, telephone number or email address. “Non-Personal Information” includes information other than Personal Information that we receive through interactions with the Services including user browser and operating system, device type and other similar information, the other data you share with the Services, and Personal Information that has been anonymized or de-identified such that it does not identify a specific individual.

If you are a company or other legal entity that uses the Services (a “Subscriber”), we collect “Subscriber Data,” which is any data or information uploaded into or otherwise provided for processing by the Services by you or on your behalf. Subscriber Data may be comprised of Personal Information and Non-Personal Information and is used, stored, and shared in accordance with this Policy as applicable to all other types of Personal Information and Non-Personal Information.

In this Policy, we refer to Personal Information, Non-Personal Information and Subscriber Data generally as “Information” which may include any or all of these categories. Information we collect through the Services may also include:
• Contact information, such as your name, title, rate of pay, email, and phone number
• Information about your company, and job function
• Your nationality and language information
• Login information for use by OnTrack™ sites or services including login and technical information
• Information you provide to OnTrack™.

You may be required to provide OnTrack™ with certain information to use our sites and services.

Information you provide to us. If you use our Services, you may be required to provide us certain information. This may include:
• Information provided at the time of registering to use our Services, including our mobile apps, or posting material,
• Information provided when you report a problem with our Services,
• Records and copies of your correspondence (including e-mail addresses), if you contact us,
• Your responses to surveys that we might ask you to complete for research purposes.

Biometric Data. OnTrack™ and its clients, collect biometric data for use with our PrimeTime™ time & attendance software, specifically our Time Clocks. “Biometric Identifiers” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. "Biometric information" means any information---regardless of how it is captured, converted, stored, or shared--- that is based on an individual's biometric identifier as is used to identify an individual.

OnTrack™ clients are responsible for creating and maintaining their own biometric data privacy policy that complies with applicable laws. Where applicable by law a client may not capture biometric data for commercial purpose unless the client informs the individual before capturing the biometric data; and provides the purpose, in writing, for collecting biometric data and length of term for which a biometric identifier or biometric information is being collected, stored, and used; and receives the individual’s written consent to capture the biometric data.

OnTrack™ and/or clients who possess biometric data may not sell, lease, or disclose the biometric data to another person unless:
• The individual consents to the disclosure for identification purposes in the event of disappearance or death.
• The disclosure is required by federal or state law other than Government Code, Chapter 552

Biometric Identifiers and/or biometric Information as defined above will be retained until the original purpose for collecting or obtaining such identifiers and/or information has been satisfied, or within 3 years of the individual’s last interaction with OnTrack™.

Information we already have about or from you. If you, your employer, or your employees or other personnel or representatives have an existing relationship with us, we may already have Information about you, your employer or your employees that you have provided to us or we have otherwise obtained. In order to more efficiently and effectively provide the Services, notwithstanding any agreement you or the company or other legal entity you represent may have with us, you hereby authorize us to access and use such Information.

How OnTrack™ Uses Personal Information

OnTrack™ uses your personal information to verify that your account is secure and to protect OnTrack™ services from abuse and fraud, as well as to:
• Allow OnTrack™ to provide you with our services, and to improve our services,
• Create and administer your account, contact you, and customize your experience,
• Analyze use of our Services so that OnTrack™ can improve performance and provide our users with the best experience possible.

OnTrack™ is not responsible for the privacy policy of our clients.

Disclosure of Your Personal Information

Except as described below, Personal Information you provide to us will not be shared outside of OnTrack™ and its parent company and affiliates without your permission.
• OnTrack™ does not sell customer information to third parties, nor do we share customer information with outside parties who may wish to market their products to you.
• OnTrack™ may release personal information to appropriate governmental authorities where release is required by law (for example, a subpoena, court order, or legal process) or regulation, or is requested by a government agency conducting investigations or proceedings.
• The information OnTrack™ collects is limited to what you provide our client (your employer), and that individual information is not sold or shared with any other company.

Disclosure to Service Providers. We contract with other companies to provide services on our behalf, such as website hosting and analyzing our Site. We provide these companies with only those elements of your Personal Information they need to deliver those services. These companies and their employees are prohibited from using that Personal Information for any other purpose.

Cookies

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personal information you submit while on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited. The use of cookies by our partners, affiliates and tracking utility company is not covered by our privacy statement. We do not have access or control over these cookies.

Security

We use a variety of security technologies and procedures to help protect Information from unauthorized access, use, or disclosure. These include physical, electronic, and administrative safeguards. For example, we store the Information you provide on computer systems with limited access that are located in facilities to which access is limited. For Services to which you login, it is your responsibility to ensure the security of your password and not to reveal this information to others.

Reviewing Your Personal Information

You can make a request to review your Personal Information collected via our Services or ask that we stop using it by sending an email to privacy@heathandco.com. We may take steps to verify your identity before providing you access to your Personal Information. You can help us to maintain the accuracy of your Personal Information by notifying us of any change to your e-mail address.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Site and Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@heathandco.com or write us at: PO Box 31629, Palm Beach Gardens, FL 33420.

Enforcement of This Policy

If you have questions regarding this Policy or our handling of your Personal Information, please contact us. We will promptly address your concern and strive to reach a satisfactory resolution.

Contact Information

If you have any questions, complaints, or claims, you may contact OnTrack™ at PO Box 31629, Palm Beach Gardens, FL 33420, or by e-mail at feedback@heathandco.com.

Changes to This Privacy Policy

We may occasionally update this Policy. When we do, we will revise the “last updated” date at the top and bottom of the Policy. Your continued use of the Site constitutes your acceptance of the then-effective Policy.

Last Updated: March 24, 2021