Important Policies

    Privacy

    Last updated as of the 22nd day of June, 2022

    Introduction

    Applied Training Systems, Inc., doing business as Trakstar ("Trakstar," "Company," "we" or "our") respect your privacy and are committed to protecting it through our compliance with this policy.

    This policy describes the types of information we may collect from you or that you may provide when you visit the website and application located at https://trakstar.com (collectively, our "Application") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This policy applies to information we collect:

    • On this Application.
    • In email, text, and other electronic messages between you and this Application.
    • From integrated third-party sources such as human resource information systems.
    • When you permit us to record meetings between ourselves and you.

    It does not apply to information collected by:

    • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
    • Any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Application

    Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Application. By accessing or using this Application, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Application after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

    Children Under the Age of 16

    Our Application is not intended for children under 16 years of age. No one under age 16 may provide any information to the Application. We do not knowingly collect personal information from children under 16. If you are under 16, then do not use or provide any information on this Application, including without limitation registering on the Application, making any purchases through the Application, using any of the interactive features of this Application, or providing any information about yourself to us, such as your name, address, telephone number, email address, or any user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, then we will delete that information. If you believe we might have any information from or about a child under 16, then please contact us at support@trakstar.com.

    Information We Collect About You and How We Collect It

    Accounts are provisioned under a subscription agreement (such agreement, together with all order forms and addenda attached thereto, the "Subscription Agreement") that Trakstar has established with the entity providing your employment, job application portal, or training services (the "Customer"). Information provided by you is available and accessible by the Customer to whom your account is provisioned. Your use of the Application is conditioned on the Subscription Agreement, and you may lose access to the Application at any time should the Subscription Agreement terminate. Further, you understand that the Customer may access any information that Trakstar collects from or about you through the Application.

    We collect several types of information from and about users of our Application, including information:

    • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, resumes, employee notes, performance reviews, goal attainment and progress, 360 reviews, training records and any other identifier by which you may be contacted online or offline ("personal information");
    • That is about you but individually does not identify you, such as job descriptions, succession planning information, and demographic data; and/or
    • About your internet connection, the equipment you use to access our Application, and usage details.

    We collect this information:

    • Directly from you when you provide it to us.
    • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
    • From third parties, for example, your employer.

    Information You Provide to Us

    The information we collect on or through our Application may include:

    • Information that you provide by filling in forms on our Application. This includes information provided at the time of registering to use our Application, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Application.
    • Records and copies of your correspondence (including email addresses), if you contact us.
    • Your responses to surveys that we might ask you to complete for research purposes.
    • Details of transactions you carry out through our Application and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Application.
    • Your search queries on the Application.
    • Information provided about you by third-party systems integrated to the Application.
    • Your demographic data, goal attainment and progress reports, 360 reviews, engagement surveys and results, training records, quiz assessment results, resumes, contact information, and feedback.

    You also may provide information to be transmitted to other users of the Application (collectively, "User Contributions"). Your User Contributions are transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

    Information We Collect Through Automatic Data Collection Technologies

    As you navigate through and interact with our Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

    • Details of your visits to our Application, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Application.
    • Information about your computer and internet connection, including your IP address, operating system, and browser type.

    We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

    The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways. It helps us to improve our Application and to deliver a better and more personalized service, including by enabling us to:

    • Estimate our audience size and usage patterns.
    • Recognize you when you return to our Application.

    The technologies we use for this automatic data collection may include:

    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Application. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Application.
    • Web Beacons. Pages of our Application and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

    We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources, or you provide to us.

    Third-Party Use of Cookies and Other Tracking Technologies

    Some content or applications on the Application are served by third-parties, including but not limited to, analytics, user engagement, CRM, and other application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

    How We Use Your Information

    We use information that we collect about you or that you provide to us, including any personal information:

    • To present our Application and its contents to you.
    • To provide you with information, products, or services that you request from us.
    • To fulfill any other purpose for which you provide it.
    • To provide you with notices about your account or subscription, including expiration and renewal notices.
    • To carry out our obligations and enforce our rights arising from any contracts entered into between you or the entity providing your employment, job application portal, or training services and us, including for billing and collection.
    • To notify you about changes to our Application or any products or services we offer or provide through it.
    • To allow you to participate in interactive features on our Application.
    • To create benchmark reports from de-identified, anonymized usage data
    • In any other way we may describe when you provide the information.
    • For any other purpose with your consent.

    We may also use your information to contact you about our goods and services that may be of interest to you. If you do not want us to use your information in this way, please use the unsubscribe option included in the email. For more information, see Choices About How We Use and Disclose Your Information.

    Disclosure of Your Information

    Where the applicable Subscription Agreement permits, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

    We may disclose personal information that we collect, or you provide as described in this privacy policy:

    • To our subsidiaries and affiliates.
    • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, including service providers located in the United States or elsewhere in the world for the purposes described in this privacy policy. These providers are detailed in the Sub-processors list within the Trakstar Data Processing Addendum. Different countries have different privacy laws and requirements, and some, including the United States, provide less legal protection for your personal information than others. Please know, however, that no matter where your personal information is collected, used, transferred, or stored, if it was collected through our websites, it will be governed by and used in accordance with the terms of this privacy policy and, where applicable, our Data Processing Addendum.
    • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Trakstar's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Trakstar about our Application users is among the assets transferred.
    • To fulfill the purpose for which you provide it. For example, if you give us an email address to submit your candidacy for a job posting feature of our Application, we will transmit your email address to the employer who posted that job opening.
    • For any other purpose disclosed by us when you provide the information.
    • With your consent.

    We may also disclose your personal information:

    • To comply with any court order, law, or legal process, including without limitation as set forth in our Data Processing Agreement and/or to respond to any government or regulatory request.
    • To enforce or apply our terms of use, found at https://www.trakstar.com/terms/, and other agreements, including for billing and collection purposes.
    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Trakstar, our customers, or others.

    Choices About How We Use and Disclose Your Information

    We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

    • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site and application will then be inaccessible or not function properly.
    • Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form/registration form)/OTHER OPT-OUT METHOD or at any other time by logging into the Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@trakstar.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

    California residents may have additional personal information rights and choices. Please see Your California Privacy Rights (below) for more information.

    Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: support@trakstar.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.

    UK and EU residents may have additional personal information rights and choices. Please see UK and EU Residents’ Rights (below) for more information.

    Accessing and Correcting Your Information

    You can review and change your personal information by logging into the Application and visiting your account profile page.

    You may also send us an email at support@trakstar.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account, and we only delete user accounts in response to Customer’s request. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

    If User Contributions are deleted from the Application, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Application users. Proper access and use of information provided on the Application, including User Contributions, is governed by our terms of use found at https://trakstar.com/terms/. California residents may have additional personal information rights and choices. Please see Your California Privacy Rights (below) for more information.

    UK and EU residents may have additional personal information rights and choices. Please see UK and EU Residents’ Rights (below) for more information.

    Your California Privacy Rights

    If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://trakstar.com/ccpa/.

    California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Application 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 email to support@trakstar.com.

    UK and EU Residents' Rights

    If you are an EU or UK resident, you may have certain additional privacy rights. To learn more about your rights, please visit our UK & EU Privacy Rights page for more information.

    Even though we do not rely on the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States (the "Privacy Shield"), we do continue to comply with the commitments set forth below that we made when we certified to the Privacy Shield principles ("Privacy Shield Principles"). Trakstar has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view the Trakstar certification, please visit https://www.privacyshield.gov/

    Further, Trakstar will execute a Data Processing Addendum with customers to whom this legislation applies. For clarity, Trakstar clients are the data controllers and Trakstar is a data processor, as such terms are defined by the GDPR. Note that where there is a conflict between the terms in this privacy policy, the Privacy Shield Principles, and the GDPR legislation, the GDPR legislation shall govern.

    In compliance with the Privacy Shield Principles, Trakstar commits to resolve complaints about Trakstar’s collection or use of your personal information. EU individuals with inquiries or complaints regarding the Trakstar Privacy Shield policy, the Trakstar Data Processing Addendum, or Trakstar compliance with GDPR should first contact ATSI at the support email address included within this policy.

    Trakstar has further committed to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regards to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship. If timely acknowledgment of your complaint is not received from Trakstar, or if Trakstar has not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you.

    Trakstar commits to cooperate with EU DPA’s and comply with the advice given by EU DPAs with regards to human resources data transferred to Trakstar in the context of the employment relationship.

    We sometimes provide personal information to third parties to perform services on our behalf. If we transfer personal information received under the Privacy Shield to a third party, the third party's access, use, and disclosure of the personal information must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.

    Data Security

    We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other information will be encrypted using SSL technology.

    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Application like message boards. The information you share in public areas may be viewed by any user of the Application.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Application.

    Third-party Products and Services

    You or the Trakstar Customer have the ability to connect third-party products and services (such as Google) to the Trakstar applications. When you use third-party products and services, their terms and privacy policies apply to your use of those products or services. This privacy policy does not apply to information collected by such third parties, and Trakstar encourages you to learn more about their privacy practices before using their products or services.

    Additional Limits on Use of Your Google User Data

    Notwithstanding anything else in this privacy policy, if you deliberately and voluntarily provide the Trakstar applications access to your Google data through an optional integration, then Trakstar’s use of that data will be subject to these additional restrictions:

    • Trakstar’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
    • Trakstar will only use access to read, or control Gmail message bodies (including attachments), metadata, headers, and settings to provide an email client on your device that allows users to compose, send, read, and process emails which are marked with a specific label. Trakstar will never delete any email from your mailbox.
    • Trakstar will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
    • Trakstar will not use this Gmail data for serving advertisements.
    • Trakstar will not allow humans to read this data unless Trakstar has your consent for specific conversations, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the application’s internal operations and even then, only when the data have been aggregated and anonymized.

    Trakstar’s Obligations

    • Trakstar will only process client information or your information for the contracted business purposes for which Client provides or permits access to personal information.
    • Trakstar will not process or sell client personal information for Trakstar’s own commercial purposes or in a way that does not comply with applicable data protection law. If a law requires Trakstar to disclose Client or your personal information for a purpose unrelated to the contracted business purpose, Trakstar must first inform the Client of the legal requirement and give the Client an opportunity to object or challenge the requirement, unless the law prohibits such notice.
    • Trakstar will limit its processing of client personal information or your information to activities reasonably necessary and proportionate to achieve the contract business purposes. Once the contracted business purposes are achieved or the agreement is terminated, Trakstar will return or destroy all Client or your personal information upon request of the Client unless Trakstar is required by a specific legal obligation to retain Client or your Personal Information. If Trakstar must retain Client or your personal information, it shall only do so for as long as is strictly necessary to fulfill such legal obligation, after which it will destroy Client or your personal information upon request of the Client.
    • Trakstar must promptly comply with any Client request or instruction from authorized persons requiring Trakstar to provide, amend, transfer, or delete Client or your Personal Information, or to stop, mitigate, or remedy any processing that may violate any applicable Data Protection Law.
    • If the contracted business purpose requires the collection of personal information from you or individuals on Client’s behalf, Trakstar will always provide appropriate notice such as this CCP compliant notice for your review.
    • Trakstar will implement and maintain industry standard practices, using technical and organizational security measures customarily adhered to within the industry, to ensure the security, confidentiality and integrity of all Client and your data and other information or materials transmitted to or stored on the System by or on behalf of Client or any user. Upon reasonable suspicion or confirmation that a Personal Data Breach has occurred, Trakstar will notify affected parties as soon as practicable.
    • Trakstar may collect anonymized Service information, such as usage or traffic patterns, and aggregate it with such data from other Clients and Users to generate statistical information to analyze and improve the Services. Trakstar will take reasonable measures to ensure this information cannot be associated with Client, Client’s Users or any identifiable natural person. Trakstar commits to only using such anonymized and aggregate Service Information in deidentified form and will not attempt to reidentify the information. Trakstar contractually obligates any recipients of anonymized or aggregate Service information to abide by the same restriction with respect to such information.

    Changes to Our Privacy Policy

    It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, then we will use commercially reasonable efforts to notify you by email to the primary email address specified in your account and/or through a notice on the Application home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Application and this privacy policy to check for any changes.

    Contact Information

    To ask questions or comment about this privacy policy and our privacy practices, or to register a complaint or concern, please contact us at:

    Trakstar

    113 Cherry St.

    PMB 57615

    Seattle, WA 98104-2205

     

    support@trakstar.com

    1 (877) 489-5651

     

    Chris McClave, Data Protection Officer, CTO