ON TRACK TECHNOLGIES INCORPORATED
Collection and Use of Personal Information
On Track may collect two types of personal information about users of its On Track Products: “personal information” which may include name, postal address, telephone number, e-mail address and other contact information, geolocation data (if using a location-based product on a mobile device) or other personal information you may provide or we may collect through the On Track Products and “aggregate Information” (such as non-identifying and aggregate usage and volume statistical information on the On Track Products).
On Track collects personal information in order to communicate with you and to provide the information or other services that you have requested. For example, if you request information on our products or technology, including though our website or email, we may use your personal information in order to respond. If you provide personal information in order to register for or use an On Track Product, we will use such information for such registration, to verify your authority to use the On Track Product and to provide the applicable services through the On Track Product.
On Track Products may be accessible only to our registered Clients. We will use your information to verify your status as an authorized user of the Client and provide you information through applicable On Track Products. If you are using an On Track Product in connection with a product or service provided by our Client, your personal information may be used by such Client in accordance with the privacy and other policies of the Client and we are not responsible for use of such personal information by the Client.
On Track may also collect and log certain information to help diagnose technical problems, administer and improve the quality of the On Track Products or analyze trends. We may from time to time conduct surveys or other market research regarding our products, products in development or proposed designs and concepts. We will use any responses in our research and development activities.
Health Information. In certain situations, we may be considered a Business Associate as defined by HIPAA (the federal Health Insurance Portability and Accountability Act) of certain Covered Entities (as also defined in HIPAA), and as such we may have certain federal, state and contractual restrictions on how we can use your Protected Health Information (“PHI”). When acting as a Business Associate, we may only use or disclose your PHI or Personal Information as required by law or as permitted by the Business Associate Agreement (“BAA”) that we have in place with a specific Covered Entity. Please be aware that when you give other individuals access to your PHI or Personal Information, they may be able to use, reproduce, distribute, display, transmit, and/or communicate the data to others and the public. We shall not have any responsibility for access, use, or disclosure of your PHI or Personal Information by people you authorized to have access to your user account.
If you are using the Site or Platform in coordination with your physician or other healthcare provider (“Medical Provider”), you are granting access to and use of your PHI and Personal Information to the Medical Providers and their applicable personnel. You expressly consent to the access, use and disclosures outlined in this paragraph.
Location Information. Certain of the On Track Product may allow for the collection and processing of location information. When you open or use any of these On Track Products, we will automatically and periodically collect location information from your mobile device and/or mobile carrier. If you do not wish us to collection location information, you may change the preferences on your mobile device or deinstall or disenable the On Track Product. If you choose not to permit the On Track Product to collect location data, you may not be able to use certain functions available through the On Track Product.
Disclosure to Third Parties
On Track uses the personal information provided on or through the On Track Products in accordance with good commercial practices and applicable law. On Track does not share, sell or trade your personal information with third parties for marketing or promotional purposes. However, On Track may make your personal information available to its service providers and strategic partners directly involved in the operation, performance, support and/or maintenance of the On Track Products. For example, these companies may help On Track process information, deliver email notices or SMS messages and the like, or provide customer service. These companies are permitted to use the personal information only to provide On Track with specific services, and not for any other purposes. Under our customer agreements, if you are using an On Track Product in connection with or as an authorized user of such Client, we may disclose personal information to the Client to verify your permissions to use the On Track Service or to provide the On Track Service to the Client.
On Track may also disclose personal information as required by law, to comply with requests of law enforcement or other government authorities or where On Track believes it is necessary or appropriate to protect the safety, rights or property of On Track, its employees or others.
Personal Information of Children
The On Track Products are not intended for use by children under the age of 13, and On Track does not knowingly collect or use any Personal Information from such children. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such Personal Information from our database.
On Track will maintain commercially reasonable safeguards, including administrative, technical, and physical measures to ensure the security, integrity and privacy of your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Notwithstanding the foregoing, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of On Track to intercept or access transmissions or private communications unlawfully.
Sale of On Track Assets
In the event that all or part of our company is acquired by or merged with a third party entity, your personal information may be included in the assets of On Track. You agree that we may transfer or assign the information we have collected from you as part of any such merger, acquisition, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, you understand and agree that On Track may not be able to control how your personal information is treated, transferred or used.
Social Media Sites. We may have pages or other presence on various social networking sites or services, such as Facebook, Twitter and the like. Any information you post or provide through such sites and services will be subject to the policies of those sites and services.
Tracking. We do not track or collect personal data about your online activities once you close the On Track Product.
European Union Resident Rights
If you are accessing a On Track Product from the European Union, you have the following data protection rights:
- You may access, correct, update or request deletion of your personal information at any time by contacting us using the contact details provided below.
- You may object to our processing your personal information, ask us to restrict processing of your personal information or request portability of your personal information. You can exercise these rights by using the contact details below.
- You have the right opt-out of any marketing communications we send to you at any time. You may exercise this right by clicking on the “Unsubscribe” link in the marketing emails that we send to you. Or you may reply to any of our marketing emails requesting to be removed from our email database.
- If we have previously collected and processed your personal information with your consent, you can withdraw this consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, contact your local data protection authority.
We will respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable laws. We reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations.
Version No. 1
Last Updated: April 29, 2021