Guardhat Privacy Policy

Last updated July, 2022

 

We at Guardhat Inc are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at info@guardhat.com.  Our products and services have been selected by your Employer (or contractor) to collect and manage data about your workplace activities.

When you visit our website http://www.guardhat.com, use our products or services, or install our mobile applications, you can trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it.

This privacy policy applies to all information collected through our website, our products and services and our mobile applications (we refer to them collectively in this privacy policy as the “Services”).

Please note:

  1. Guardhat Inc shall be referred to in this document as any of the following: “Company”, “we”, “us”, or “our”.
  2. “Employer” refers to the organization that elected to use our products and services and who has directed us to provide them to you.  This is also the case whether or not that organization is your actual employer (for example, if you are an independent contractor, or if you work for a different company, but are performing services on site for an organization that uses our products and services, we refer to that organization as your “Employer”).

Contents

    1. Setup of New Accounts
    2. Termination of existing accounts
    3. Controls for Do-Not-Track features
    4. Privacy policies of other websites or services
    5. Your Data Controller
    6. Health and Other Special Categories of Personal data
    7. Our Legal Bases for Processing Personal Data
    8. Your legal rights
    9. California Privacy Disclosures
    10. How to exercise your legal rights
    11. Categories of information we collect for business purposes
    12. Policy Updates
    13. Contact Us
    14. Frequently Asked Questions
      1. What information do you collect?
      2. How do you keep my information safe?
      3. How do you use my information?
      4. Will my information be shared with anyone?
      5. How long do you keep my information for?
      6. How can I review, update or delete the data you collect from me?
      7. Do you collect information from minors?
      8. Do you use cookies?

Setup of New Accounts

Your account has been set up at the request of your employer. We use information provided by them to us to do so we can provide connected worker functionality for your safety and ease of work.

Termination of existing accounts

Your Employer can direct us to terminate your account at any time.We will terminate your account and delete the information we have about you only at the direction of your Employer.  If you would like your account terminated and/or the information we have about you deleted, you should make this request to your Employer.

Controls for Do-Not-Track features

We currently do not use “Do Not Track” functionalities.  When and if we begin using tracking cookies, we will honor industry-standardized anti-tracking functionalities, but doing so may affect our ability to provide our Services, including the safety offerings.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.  No uniform technology standard for recognizing and implementing DNT signals has been finalized so we have not implemented at this time.

Privacy policies of other websites or services

This policy describes our privacy practices with respect to our Services.  Other policies may apply to the devices you use to access our Services, to third party services you may use, or websites that we may link to.

When using our Services, you will use products and services provided by third parties, such as internet service providers, web browsers, mobile devices and third party sensors.  This policy describes our privacy practices with respect to the Services, but does not apply to these third party products and services.  For information on their privacy practices, please consult with the third parties.

European Privacy Disclosures

If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”) and the UK’s General Data Protection Regulation (“UK GDPR”).

With respect to EEA, UK and Swiss data subjects, “personal information,” as used in this privacy policy, is equivalent to “personal data” as defined in the GDPR and UK GDPR.

Your Data Controller

Guardhat, Inc. is your data controller and provides the Services if you live in the EEA, UK, or Switzerland.  Please contact us directly if you have questions on this.

Health and Other Special Categories of Personal data

To the extent that information we collect is health data or another special category of personal data subject to the GDPR / UK GDPR, we or your Employer ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you use a wearable device, pair a device to an account, or install the mobile application. Your Employer may direct us to stop collecting this information, and you can stop us from collecting this information by stopping use of a feature or device or by unpairing your device from our Services.

 

Our Legal Bases for Processing Personal Data

For personal data subject to the GDPR / UK GDPR, we rely on several legal bases to process the data, including (see table below), including: (i) where your informed consent to processing for one or more specific purposes, either to us or to our service providers or partners; (ii) where the processing is necessary to perform a contract with you; (ii) where processing is necessary for compliance with a legal obligation; and (iv) where processing is permissible for our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described in this policy.

Where we rely on your consent, you have the right to withdraw it anytime, and may do so by using your account settings and other tools or by contacting us (though this will not affect the lawfulness of any processing undertaken before your withdrawal).

Your legal rights.

In addition to the various controls that we offer, in certain circumstances and subject to certain limitations, you have the right to (a) confirm that we are processing your personal information, and how; (b) to access or rectify the personal information we keep about you; (c) to restrict, object to, or erase the processing of your personal information, e.g. where there is no longer a legal ground for us to hold it; and (d) in some circumstances, transfer/port any information we hold about you to a specified third party.

Please review the “How can you review, update or delete the data we collect from you?” section for how you can exercise your rights under the GDPR / UK GDPR to access and control your personal data.

If you wish to file a complaint about our use of your personal information, you can contact us at info@guardhat.com. You also have the right to lodge a complaint with your local data protection authority.  If you resident in the European Economic Area, you can find the contact details of the relevant data protection authorities here.  If you are resident in the United Kingdom, you can contact the Information Commissioner’s Office. If you are resident in Switzerland, you can contact the Federal Data Protection and Information Commissioner.

 

California Privacy Disclosures

If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act (“CCPA”).

How to exercise your legal rights

You have the right to understand how we collect, use, and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings and tools as described in the Your Rights To Access and Control Your Personal Data section, for example:

By logging into your account and using your account settings, you may exercise your right to access your personal information and to understand how we collect, use, and disclose it.

Your Employer is responsible for directing us to delete your personal information, subject to its own policies and requirements.

If you need further assistance regarding your rights, please contact our Data Protection Officer us at info@guardhat.com, and we will consider your request in accordance with applicable laws.

 

Categories of information we collect for business purposes

As described in the “What information do we collect” section, we collect the categories of personal information listed below. We receive this information from you, your Employer, your device, your use of the Services, third parties (like the other services you have connected to your account), and as otherwise described in this policy. We use and disclose these categories of information for the business purposes described in the Frequently Asked Questions. The categories are:

  1. Identifiers, like your name or username, email address, employee ID number, mailing address, phone number, IP address, account ID, device ID, cookie ID, and other similar identifiers.
  2. Demographic information, such as your gender, age, health information, and physical characteristics or description, which may be protected by law.
  3. Commercial information, including records of the Services or devices you purchased, obtained, or considered (if, for example, you reviewed pages on our website describing a device or service).
  4. Physiological information, such as your activity or health data and any similar information to which you grant us access from a device or another service.
  5. Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.
  6. Geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs.
  7. Electronic, visual, audio or similar information, such as your profile photo or other photos, and recordings made through our mobile applications or devices.
  8. Professional or employment related information, including any information (like your name, email address, or similar information) that your Employer provides to us.
  9. Other information that you provide, including account information such as your biography or country; information for features of the Services; messages on the Services; and information recorded by your device which may vary depending on the device you use.
  10. Inferences drawn from any of the above.

We never sell your personal information of our users, but we do provide information to your Employer.  To learn more about how your Employer uses and stores the information we provide them, please contact your Employer.  We also work with partners who provide us with advertising services on our website. To learn more about how these partners collect data and your options for controlling the use of your information for interest-based advertising, please read the applicable sections above.

 

Policy Updates

This policy will be updated at the Company’s discretion and when necessary to stay compliant with all relevant laws.

The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

 

Contact Us

If you have questions or comments about this policy, you may email us at info@guardhat.com or by post to:

Guardhat Inc
55 S. Market Street, Suite 1220
San Jose, CA 95113
United States

Frequently Asked Questions

What information do you collect?

We collect personal information that you or your Employer provide to us, as well as information gathered through the use of our Services.

If you contact us through our website or via other services (such as via email, messaging applications or social media), we will collect the information you provide through that communication (such as your username, email address, phone number or social media handle).

When you use our Services, we will collect the information you or your Employer supply to us in order to associate information about your use of our Services with you, and the information gathered through the devices that you or your Employer link with our Services.  For example, from either you or your Employer, we will collect your name or employee ID number, and from the devices we will collect the information the particular device is designed to collect, which may include geolocation information, environmental information, activity tracking information, audiovisual information and information about health or safety incidents you experience.  In some instances, you or your Employer can choose to link our devices with third party devices, enabling our device to collect information from the third party device.  The information gathered by the third party device is determined by the third party, not by us, and you should consult their privacy policies to understand what data they collect and how they use it.

When you install our mobile applications, you will be asked to provide logon information that your Employer has provided us, in order to verify your identity and to associate the information we gather about you with the correct Employer.  In addition, these applications collect information gathered from the sensors in the mobile device, such as geolocation information and information collected through motion sensors.  They are also equipped to collect messaging and audiovisual information recorded using the applications.  Finally, the mobile applications can also collect information from devices that are linked to them, including devices we offer and certain third-party devices.

 

How do you keep my information safe?

We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented what we believe to be appropriate technical and organizational security measures designed to protect the security of any personal information we process, and we partner with security providers who alert us to any anomalies or security concerns related to our Services.  Our third-party service providers are required to implement security measures as well.  Your Employers are responsible for protecting the information we provide to them, so we suggest you contact them to understand how they seek to protect it.

Please  also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk.

 

How do you use my information?

We use your information to help you and your Employer gather data about your activities and environment, to enable us to provide the Services we offer (including to assess the how our Services are used and to help us further develop our Services over time) and to fulfill our legal obligations.

Our Services are designed to enable Employers to monitor workplace safety and to gather analytics about workplace behavior. We use the information gathered through our Services for those purposes. We also use your information for the purpose of fulfilling our contractual obligations to you and to your Employer, and as needed to fulfill our legal obligations.  We use the information we collect or receive:

  • To send safety alerts.  We will use the information we gather through our Services to send real-time safety alerts to the frontline worker and their supervisor and/or support personnel
  • To analyze workplace data. We will use the information we collect about you to help your Employer analyze workplace practices and safety, including to gather information about specific incidents. We also use and store this information in aggregated and anonymized form that is not associated with individual end users and does not include personal information.
  • To send administrative information to you. We will use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • To manage your account. We will use your information to manage your account with us.
  • To request feedback.  We may, from time to time, use your information to request feedback and to contact you about your use of our Services.
  • To respond to user inquiries and offer support to users. We will use your information as needed to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  • To improve our services.  We will use your information to assess how our Services are used, to troubleshoot Service issues and to help us decide how to improve our Services.
  • To send you marketing and promotional communications. We do not use personal information from Guardhat offerings for marketing purposes, however, we and/or our third-party marketing partners will use the personal information you send to us via our website for our marketing purposes. You can opt-out of our marketing emails at any time

 

Will my information be shared with anyone?

We will share the information about you that we gather through the Services with your Employer, with our personnel who have a need to access such information, and with our third-party service providers.  In addition, your Employer may share this information with others, or may instruct us to do so.  Beyond that, we only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We will share the information we collect through our Services with your Employer, and, if your Employer directs us to do so, we will also share this information with other third parties.  Please contact your Employer to understand how and when it will use this information, and when it may direct us to share that information with third parties.

We will provide access to your information to our personnel who have a need to access such information.  We use third-party data storage providers to store the data we collect through the Services, so the information we collect about you will be shared with those third parties.  Those third parties are not permitted to use identifiable information about you for any purpose other than providing services to us.

We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.  Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

In addition, we may process or share data in the following circumstances:

  1. If you have given us specific consent to use your personal information in a specific purpose.
  2. Where we have entered into a contract with you, we will process your personal information to fulfill the terms of our contract.
  3. We will disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  4. We will disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  5. We may share or transfer your 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.
  6. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  7. We may use third-party advertising companies to serve ads when you visit the our website. These companies may use information about your use of the website and other websites contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

When we share your personal information as set out in this privacy policy, your personal information may be transferred to or from the United States or other locations outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction. We will take steps that are reasonably necessary to ensure that your personal information is treated securely and appropriately safeguarded in accordance with this privacy policy and applicable data protection or privacy laws. Please contact us at info@guardhat.com if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA/UK.

 

How long do you keep my information for?

We will keep your information for one year, unless otherwise directed by your Employer or required by applicable law.

We retain information we collect as long as it is necessary and relevant to fulfill the purposes outlined in this privacy policy and to the extent permitted by applicable legal requirements.  As a general matter, we retain your information for up to one year after collecting it.  Your Employer can direct us to keep information for longer or shorter periods, and we will honor that direction unless legally required otherwise.  In addition, if we are required to retain your information for a longer period under applicable law, then we will do so.  When we no longer intend to retain your information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

How can I review, update or delete the data you collect from me?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by emailing us at info@guardhat.com.  We will respond to your request within 30 days.

If you are resident of the European Economic Area, the United Kingdom, Switzerland or California, please see below for additional discussion of your rights.

 

Do you collect information from minors?

We do not knowingly collect data from or market to children under 18 years of age.

Our Services are designed to be used by adults in their work environments.  We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at info@guardhat.com.

 

Do you use cookies?

Our website and software applications do not currently use cookies but might do so in the future to better understand how our users interact with our content and improve user experience.

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information.

For more information on cookies generally, you can check http://www.allaboutcookies.org.

You can set your browser not to accept cookies, and the http://www.allaboutcookies.org website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.