Effective
Date: 11/03/2020
Ascentis Terms of Use
Ascentis Corporation, and its subsidiaries and affiliates, including, but
not limited to NOVAtime Technology, Inc., (collectively “ASC,” “we,” “us,” and
“our”) is a leading provider of easy-to-use human capital management and
workforce management products and services.
You
agree that the following Terms of Use and our Privacy Policy shall apply to the
commercially available versions of our workforce management and human capital
management Software-as-a-Service (“SaaS”) solutions, the services related thereto
and your use of equipment (including, but not limited to, timeclocks, badges,
beacons, and beacon readers) rented or sold by us or our partners
(collectively, “Solutions”).
Acceptance. By accessing
and using our Solutions, or by clicking “I Accept” when signing up for a user
account, you acknowledge that you have read, understood, and agree to be bound
by these Terms of Use and the Privacy Policy referenced herein. If you do not accept these Terms of Use and the
Privacy Policy, you are not authorized to use the Solutions. We may make modifications to the foregoing at
any time and such modification will be effective upon its posting to this
website. Your continued use of the
Solutions, after any modifications to these Terms of Use shall indicate your
agreement with such modified terms.
Site Content. The Solutions contain material, such as
software, text, graphics, images, video, audio and other material (collectively
referred to as the “Content”). The
Content may be owned by us or may be provided through an arrangement we have
with others, including other users of the Solutions, our service providers and
their partners, sponsors, or affiliates.
The Content is protected by copyright under both United States and
foreign laws and may not be modified or altered in any way. Unauthorized use of the Content may violate
copyright, trademark, and other laws.
You have no rights in or to the Content, and you may not use the Content
except as specifically provided in these Terms of Use.
Permitted Use. The Solutions are for personal use in
conjunction with your job duties only, and may not be
used in connection with any other commercial endeavors except those that are
specifically approved by us. The
following activities are expressly prohibited: (i) collecting
usernames and/or email addresses of other users by electronic or other means
for the purpose of sending unsolicited email or other communications; (ii) any
use of the Solutions which in our sole judgment, degrades the reliability,
speed, or operation of the Solutions or any underlying hardware or software
thereof, and (iii) any use of the Solutions which is unlawful or in violation
of these Terms of Use.
You
may not access or utilize the Solutions in any manner that could damage,
disable, overburden, or impair any of our accounts, computer systems or
networks. You may not attempt to gain
unauthorized access to any parts of the Solutions, computer systems or
networks. You may not use any robot,
spider, scraper, or other automated means to access the Solutions, computer
systems or networks.
You
may not access, download, use, or export the Content provided on the Solutions,
in violation of U.S. export laws or regulations, or in violation of any other
applicable laws or regulations. Your use
of the Solutions is subject to termination at any time in our sole
discretion.
Password
Protection. Access to, and use of, password protected areas of the Solutions
is restricted to authorized users only and you may not share your password(s),
account information, or access to the Solutions. You are responsible for maintaining
confidentiality of your passwords and account information, and you are
responsible for all activities that occur under your password(s) or account(s)
or as a result of your access to the Solutions.
You agree to notify us immediately of any unauthorized use of your
password(s) or account(s).
Biometric Data
If you use the biometric scanning
feature on one of our timeclocks (which may include, but is not limited to,
scanning your fingerprint, handprint, or face), we may create data using a
mathematical algorithm based off of your biometric feature (“Biometric Data”)
and store that Biometric Data at a site controlled by your employer or in a
cloud environment controlled by us. By
clicking “I Accept” when signing up for a user account, clicking “OK” or “NEXT”
when enrolling yourself in our timeclock, or by using the Solutions, you permit
us to create, store, and use the Biometric Data associated with you.
We have put industry standard
measures in place to protect the Biometric Data. We only use the Biometric Data for identity
verification, workplace security, and fraud prevention purposes. We only store the Biometric Data for so long
as you continue to use the Solutions, or until your employer asks us to delete
the Biometric Data. In no cases is the
Biometric Data stored for more than one year after you have stopped using the
Solutions.
For more information, please see our Biometric Data Notice.
NO WARRANTIES. CONTENT
PROVIDED ON THE SOLUTIONS, AND THE SOLUTIONS THEMSELVES, ARE PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITOUT
LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PRUPOSE, AND
NON-INFRINGEMENT. WE USE REASONABLE
EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SOLUTIONS. WE DO NOT, HOWEVER, MAKE ANY WARRANTIES OR
REPRESENTATIONS AS TO THEIR ACCURACY OR COMPLETENESS. ASC PERIODICALLY ADDS, CHANGES, IMPROVES, OR
UPDATES THE SOLUTIONS AND THEIR CONTENTS WITHOUT NOTICE. WE DO NOT ASSUME ANY LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE
SOLUTIONS. YOUR USE OF THE SOLUTIONS IS
AT YOUR OWN RISK.
LIMITATION OF
LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR
ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR
DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS, OR OTHER
DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SOLUTIONS, OR
DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION
THROUGH THE INTERNET, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Privacy Policy
Thank you for choosing Ascentis! Ascentis
Corporation, and its subsidiaries and affiliates, including, but not limited to
NOVAtime Technology, Inc., (collectively “ASC,” “we,” “us,” and “our”) is a
leading provider of easy-to-use human capital management and workforce
management products and services.
At Ascentis, privacy and transparency around
data collection and use are top priorities This “Privacy Policy” explains how
we collect, store, and process your personal information sent to us by you,
your employer, or your client, which identifies or could be used to identify
you, as further described, below (collectively, “PII” or “Personal
Information”).
Policy
Scope
This Privacy Policy applies to
your access and use of our commercially available versions of our workforce
management and human capital management Software-as-a-Service (“SaaS”)
solutions, the services related thereto, our publicly available websites (such
as, www.ascentis.com
and www.novatime.com),
and/or the equipment (including, but not limited to, timeclocks, badges,
beacons, and beacon readers) rented or sold by us or our partners
(collectively, “Solutions”).
We follow this Privacy Policy in
conjunction with the applicable laws in the places where we operate. In some cases, we may provide additional
terms and conditions which apply to specific Products or Services, or to
information we collect from your visit to our publicly available websites. In cases where those terms and conditions
conflict with this Privacy Policy, those terms and conditions will
control.
Finally, we also process PII sent
by or on behalf of your employer (our client) as a result of your employer’s
(our client’s) purchase of or subscription to our Solutions. If not otherwise stated in this Privacy
Policy or other terms and conditions, we process such PII on behalf of our
clients (and their affiliates). We are
not responsible for and have no control over the privacy and data security
practices of our clients, which may differ from those explained in our Privacy
Policy. If your PII has been sent to us
by or on behalf of one of our clients, and you wish to exercise any rights you
may have under applicable data protection laws, please inquire with them
directly.
Types
of Personal Information You or Your Employer May Send Us
During the course of your use of
our Solutions, we may collect, store, and process, the following types of
PII:
·
Identity
Information
– first name, last name, picture, social security number, user ID/Employee ID
and password for accessing our Solutions.
·
Contact
Information
– physical address, email address, telephone number, work location, and
department and job data.
·
Employment
Information
– employee status, hire date.
·
Application
Information
– information submitted with your application for employment, including, but
not limited to, information contained in any résumé, curriculum vitae, or cover
letters.
·
Bank
Data
– if you choose to utilize direct deposit you will be asked to supply bank
account data, including, but not limited to, account and routing numbers.
·
Biometric
Data
– if you utilize the biometric or finger scanning device on our timeclocks, we
may collect data that is based off of your biometric feature (such as your
fingerprint, handprint, or face).
·
IP
Address or Device Identifier
– We collect your IP address or, if you connect through a mobile device, your
mobile device identifier, which identifies the computer, mobile device, or
service provider that you use to access our Solutions.
·
Cookies
–
Cookies are small text files that can be used by websites to make a user’s
experience more efficient. Our Solutions
use different types of cookies to, among other things, store information
regarding your preferences and analyze your use of our Solutions.
·
Web
beacons and other technologies
– Our Solutions may use other tracking tools, including web beacons, which are
small electronic images embedded in web content and email messages that are not
ordinarily visible to users.
·
Usage
Information
– We collect details about your use of our Solutions, including log-in
information, pages and files viewed, website and webpage interactions
(including searches and other actions you take), and date and time stamps
associated with your usage.
How we use and disclose your Personal Information
We will
strive to use and disclose your PII only as necessary to provide or promote our
Solutions to you or our Client, respond to your or our Client’s reasonable
requests, to improve our Solutions or as permitted by law. The ways in which we may use and share your
PII include:
·
Providing
our Solutions, including operating our publicly available websites.
We process PII to provide the functionality available in our products,
perform our services, or otherwise comply with our contractual obligations in
our contract with you or your employer (our client). If we have not entered into a contract with
you or your employer (our client), we base the processing on our legitimate
interest to operate and administer our websites and provide you with the
content you request.
·
Promoting
the security of our Solutions. We process your PII to track use of our
Solutions, verify accounts and activity, and investigate suspicious
activity.
·
Responding
to your contact or support requests. If you fill out a web
form or request user support, whether online or by phone, we process your PII
to perform our contract with you or your employer (our client) and to the
extent necessary to fulfill your requests or communicate with you.
·
Managing
user registrations. If you register yourself as a user of our
Solutions, we use your PII to manage your registration and your account.
·
Managing
event registrations, attendance, contests, or promotions.
We process your PII to plan and host events, webinars, contests, and
promotions that you have registered for or expressed interest in, including to
send communications to you. Some
contests and promotions may have additional applicable rules which contain
information on how we use your PII.
·
Developing
and improving our Solutions. We process PII to analyze and track usage of
our Solutions to the extent it is necessary to develop and provide relevant
content and service offerings. We may
also process PII to analyze the overall user experience to the extent it is
necessary to develop and improve our Solutions.
·
Identifying
client opportunities. We may process your PII to assess new
potential client opportunities to the extent processing your PII is necessary
to ensure we are meeting the demands of our clients and their users.
·
Registering
office visitors. We process PII to register visitors to our
offices, and to manage non-disclosure agreements, to the extent that it is
necessary to protect our offices and our confidential information against
unauthorized access.
·
Displaying
personalized advertisements and content and sending marketing communications.
We process your PII to advertise to you, provide information about us,
and provide other personalized content based upon your usage of our Solutions.
We also process your PII to send you marketing information, product
recommendations, and other similar communications about ourselves or our
partners.
·
Enforcing
or complying with legal obligations. We process your PII when cooperating with government
authorities, courts or regulators in accordance with our legal obligations
under applicable laws. At times we also
use PII to enforce our Terms or Service, Privacy Policy, or contracts with our
clients.
We may share
your Personal Information with the following types of entities:
· Service Providers, such as those who provide system
administration and hosting, credit card processing, marketing, research and
analytics, or customer support.
· Affiliates, to the extent that it is
required to provide our Solutions to you or our client.
· Our Clients (including their affiliates) who
are responsible for your use of the Solutions, and to the extent this is
necessary to verify accounts and activity, or
enforcing our contracts and policies.
· Professional Advisors, including lawyers, bankers,
auditors, and insurers, who provide consultancy, banking, legal, insurance, and
accounting services, and to the extent we are obliged to share your Personal
Information.
· Third Parties Involved in a
Corporate Transaction,
such as to a buyer or other successor prior to or in the event of a merger,
acquisition, divestiture, restructuring, reorganization, dissolution, or other
sale or transfer of some or all of our assets, whether as a going concern or as
a part of bankruptcy, liquidation, or similar proceeding, where the information
is among the assets being transferred, or for any other purpose we disclose
when you provide the information.
· Regulators or Courts, as required by law, as necessary
to comply with a subpoena or similar investigative demand, court order, request
for cooperation from law enforcement or other governmental agency, to exercise
our legal rights, to defend against legal claims, or as otherwise required by
law.
Security of Your Personal Information
We implement commercially
reasonable measures to protect your PII, but no method of storage or
transmission is completely secure. You
are solely responsible for protecting your password, limiting access to your
devices, and signing out of websites.
Your failure to protect your password, or otherwise securely access and
use our Solutions, may increase the risk that your PII is stolen, altered, or
compromised without your consent.
How
Long We Keep Your Personal Information
We may retain your PII for as long
as necessary to meet the original purpose of collection, or as long as required
to fulfill our legal obligations. We
determine the appropriate retention period for PII we collect on the basis of
the nature and sensitivity of the PII being processed, the potential risk of
harm from unauthorized use or disclosure of the PII, and the basis of
applicable legal requirements, among other things.
As described above, if you use the
biometric scanning feature on one of our timeclocks (which may include, but is
not limited to, scanning your fingerprint, handprint, or face), we may create
data using a mathematical algorithm based off of your biometric feature
(“Biometric Data”) and store that Biometric Data at a site controlled by your
employer or in a cloud environment controlled by us.
We only use the Biometric Data for
identity verification, workplace security, and fraud prevention purposes. We only store the Biometric Data for so long
as you continue to use the Solutions, or until your employer asks us to delete
the Biometric Data. In no cases is the
Biometric Data stored or more than one year after you have stopped using the
Solutions.
For more information, please see our Biometric
Data Notice.
Your
Rights in Relation To Your Personal Information
You may have certain rights, under
applicable law, relating to your Personal Information, including:
Right
to Know. You may request that we disclose
to you the categories of, and specific pieces of PII that we collected about
you for the twelve month period preceding your
request, including:
· The
categories of Personal Information we collected;
· The
types of sources we collected such Personal Information from;
· The
purpose of collecting the Personal Information; and
· The
categories of third parties with access to your Personal Information (if any).
Right
to Request Deletion of Your Personal Information. You may request that we delete Personal
Information that we have collected or maintain about you, to the extent
permitted by law.
Right
to Opt-Out of Sale of Personal Information. We do not sell your Personal Information.
Right
to Non-Discrimination. We will not discriminate against
you for choosing to exercise your rights under the law.
Rectify
Your Personal Information. You may request that we correct inaccurate
Personal Information, taking into account the purpose of processing the
Personal Information.
Right
to transfer PII to another Data Controller.
We will transfer your PII to another Data Controller, to the extent possible.
Right
to restrict the processing of your PII. You may object to our processing of your PII
for direct marketing purposes, withdraw your consent for our processing of your
PII, or otherwise restrict our processing of your PII, to the extent permitted
by law.
Other
Rights. You may have other rights with
respect to your Personal Information as provided under applicable law. Please contact us if you would like to submit
a request to exercise one of these rights.
To submit a request to exercise
one of these rights, you may contact us at privacy@ascentis.com. Please include the following information in
your request: Name, address, details of the specific right you wish to
exercise. If you are an authorized agent
wishing to exercise rights on behalf of someone else, please provide us with a
copy of their written authorization designating you as their agent.
We will use commercially
reasonable efforts to respond to your requests promptly. We will not begin responding to your request
until we have verified your identity.
To the extent that your PII was
sent to us by your employer (our client), we may not be responsible for and
have no control over how to respond to your requests. As a result, if your PII has been sent to us
by or on behalf of our client, and you wish to exercise any rights you may have
under applicable data protection laws, please inquire with them directly. Because we may only access a client’s data
upon their instructions, if you do make your request to us directly, please
provide us the name of your employer (our client) who submitted your PII to us. We will refer your request to that client and
support them as needed.
Third-Party Links
The Solutions may contain links to
other companies. If you choose to click on the links and leave our Solutions.
Please note that this Privacy Policy no longer applies to the third party websites and we are not responsible for the
privacy practices or content of such websites.
Children’s Privacy
Our Solutions
are intended for adults and are not intended for use by children under the age
of 13 years. Accordingly, we do not
knowingly collect personal information from children under age 13. If you are a parent or guardian and believe
your child has provided us with Personal Information without your consent,
please contact us so we can take steps to delete their Personal Information.
Shine
to Light
If you are a
California resident, California Civil Code 1798.83 permits you to request
information regarding the disclosure of your personal information by certain
employees of ASC to
third parties for the third parties’ direct marking purposes. To make such a
request, please send an email to Privacy@Ascentis.com.
Do
Not Track
Do Not Track
Mechanisms. Because of the changing
state of technology and indecision within the industry regarding the meaning of
Do Not Track requests, we currently do not make any guarantee that we will
honor Do Not Track requests.
Updates to this Privacy Policy
Ascentis reserves the right to amend this
Privacy Policy at any time, for any reason, without notice to you, other than
the posting of the amended Privacy Policy on the website it is linked to.
Changes to this Privacy Policy are effective when they are posted on this page.
When we change the policy in a material manner we will
let you know by updating the “Effective Date” at the top of this page. The
policies and practices described herein replace all previous notices or
statements regarding this subject matter or content of this Privacy Policy.
Contacting
Us
If you have any questions or
comments about this Privacy Policy please contact Privacy@Ascentis.com or call 800-229-2713 option
#5. You may also mail to 11995 Singletree Lane, Suite 400, Eden Prairie, MN
55344.
