ITRAK 365

Affiliate means an entity that controls, is controlled by or is under common control with a party.

Application means the software program(s) provided by the Company downloaded by You on any electronic device, named ITRAK 365 Safety & Compliance Platform and ITRAK 365 Kiosk.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to NeoSystems Inc., Suite 500, 1331 Macleod Trail SE, Calgary, AB, T2G 0K3.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Portal Application, Mobile Application, or the Website or combination.

Service Provider means any natural or legal person who processes the data on behalf of the Company.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the Service requested.

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to communicate with You and/or for lead tracking purposes. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Plain text typed into fields
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

This information is not shared externally.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

Information regarding your location

Pictures and other information from your Device's camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Application data is only stored on Our secure server for the purposes of transmitting to the Microsoft Dynamics CRM instance that You authenticated with. At no time is your data exposed to or shared with other individuals or companies.

Tracking Technologies and Cookies

Our website uses cookies so we can provide the best user experience possible. Cookie information is stored in your browser and performs functions such as recognizing you when you return to our website and helping our team understand which sections of the website you find most interesting and useful. Users have the control to enable or disable these cookies and change these settings each time they visit the website.

We may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct 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, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With law enforcement: Under certain circumstances, We may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.
• With third parties: The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Third-Party Access

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Mailchimp

Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.

For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/

Advertising & Social Media

We may use online advertising or social media providers to deploy digital and video advertisements to You and other providers’ subscribers or users. The advertisements may be for educational, informational, or communicative purposes.

LinkedIn

LinkedIn is a social networking site designed to allow registered members to establish and document networks of people they know and trust professionally.

For more information on their privacy policy please see https://www.linkedin.com/legal/privacy-policy

Twitter

Twitter is an online news and social networking site where users communicate short posts known as “Tweets.” Details on their privacy policy can be found at https://twitter.com/privacy?lang=en

YouTube

YouTube is an online video sharing platform owned by Google. Their privacy policy is found here: https://policies.google.com/privacy

Application Platform

We may use Your Personal Data to communicate with the Application’s software platform necessary for You to access the Service.

Microsoft Power Platform

The Microsoft Power Platform is the foundation for the Service, which is a platform to create custom applications, automated workflows, and integrate Artificial Intelligence capabilities quickly and easily. It provides many additional operational layers to extend the reach of Microsoft 365, Dynamics 365, Azure, and Power BI.

Their privacy policy can be found at https://privacy.microsoft.com/en-us/privacystatement

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Stripe

Stripe is a payment processing platform. Their Privacy Policy can be viewed at https://stripe.com/us/privacy

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

To gain access to the Portal Application You require a Microsoft Dynamics 365 license to access the Service, which is built on top of the Microsoft Power Platform (further details can be found in the “Detailed Information on the Processing of Your Personal Data | Application Platform” section below). To further view their data retention and deletion policy please see https://docs.microsoft.com/en-us/compliance/assurance/assurance-data-retention-deletion-and-destruction-overview.

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

The ITRAK 365 solution is built on top of the Microsoft Power Platform. All Microsoft employees must treat non-disclosed Microsoft and third-party security vulnerabilities as confidential information per the Confidential Information Policy and adhere to the non-disclosure agreement.
Subcontractors can access customer data only to deliver the services we have hired them to provide and are prohibited from using customer data for any other purpose. They are required to maintain the confidentiality of our users’ information and are contractually obligated to meet our privacy requirements.

We do not sell, trade, or otherwise transfer to outside parties Your personally identifiable information. Non-personally identifiable visitor information may, however, be provided to other parties for marketing, advertising, or other uses. See Section 4 for details on third-party access.

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page and update the "Last updated" date at the top of this Privacy Policy.

As we update and expand our products this policy may change, as such, please refer to this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.