This Privacy Policy (the "Privacy Policy") describes how Orblogic, Inc. ("Orblogic", "We", "Our" or "Us") collects, uses, secures, and discloses Personal Information, and what choices you have with respect to that information.

Updates in this latest version of the Privacy Policy reflect changes in applicable data protection laws, including the European Union General Data Protection Regulation ("GDPR"). Additionally, We have made this Privacy Policy more clear, concise, and accessible by organizing it into the sections listed below.

This Privacy Policy describes the policies and procedures of Orblogic with a principal office located at 45 Elizabeth Terrace, Upper Saddle River, New Jersey, NJ 07458 on the collection, use, access, correction, and disclosure of your personal information on Orblogic.com (the "Site") and Our applications: HRMatrix and HRMatrix Mobile (together, the "Mobile Apps"). Your personal information will include any information which, either alone or with other data, is reasonably available to Us and relates to you ("Personal Information").

This Privacy Policy also covers any of your Personal Information which is provided to Us and which is used in connection with the marketing of the services, features or content We offer (the "Services") to Our Clients and/or the support that We may give you in connection with the provision of our Services and the Mobile Apps.

Finally, this Privacy Policy also describes the choices available to you regarding the use of, your access to, and your rights in relation to your Personal Information.

This Privacy Policy does not apply to any third party applications or software that can be accessed from the Site, the Services or the Mobile Apps, such any third party system, social media websites or partner websites ("Third Party Services").

A separate agreement governs the delivery, access, and use of the Services and Mobile Apps (the "Client Agreement"), including the processing of Personal Information and data submitted through Services accounts. The organization (e.g., your employer) that entered into the Client Agreement ("Client") is the data controller for its instance of the Services (their "Platform") and any associated client data. If you have any questions about specific Platform settings, the processing of Personal Information in the Platform, or its privacy practices, please contact the Client administrator for the Platform you use.

1.DEFINITIONS
  1. "Personal Information" can be defined as follows: Personal Information means information about an identifiable individual who can be directly or indirectly identified, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified.

  2. Information about a corporation, firm, trust, union or other non-individual entity is not Personal Information.

2.SUBJECTS AND SOURCES OF PERSONAL INFORMATION
  1. Orblogic generally collects, uses, and discloses Personal Information about the following types of individuals:

    1. Orblogic’s customers, including employees and contractors of our customers;

    2. Prospective or potential customers of Orblogic or their employees;

    3. Subscribers to Orblogic newsletters, white papers or similar types of information;

    4. Other individuals who may voluntarily choose to provide Orblogic with Personal Information.

3.PERSONAL INFORMATION WE COLLECT
  1. OUR WEBSITE

    1. Information that we collect automatically: We automatically collect certain information when you visit our Website. This may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked. In some countries, including countries in the European Economic Area, this information may be considered Personal Information. Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.

    2. Cookies and Similar tracking technology: Orblogic's Website server also uses cookies, which are small text files containing information sent to the computer of a visitor to our website. Some cookies are required for technical reasons in order for our Website to operate. Other cookies are used to help our web server track such things as user preferences that the user may submit in order to make the website more interactive with the user and more responsive to their preferences. Information stored in cookies is used to pre-populate form fields and to remember user preferences. This is done for user convenience as well as to provide us with information on which parts of our website are being viewed and by how many visitors. Many browsers have an option for disabling cookies which may prevent your browser from accepting new cookies or enable selective use of cookies.

    3. When you express an interest in obtaining additional information about the Services, the Site, or Mobile Apps, Orblogic may ask you to provide your personal contact information, such as your name, email address, and phone number. This information is used to communicate with you by responding to your requests, comments and questions. The GDPR legal basis for processing this information is the legitimate interest in communicating with you and answering your questions.

    4. When using the Mobile Apps, We may request access to your device's camera and photo storage. This allows you to take and upload pictures and such access would only be used in ways you choose. You may at any time revoke access at the device level. We do not access your device’s camera and photo storage without your permission. We use mobile analytics software to allow Us to better understand the functionality of Our Mobile Apps on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information We store within the analytics software to any Personal Information you submit within the Mobile Apps. When you download and use the Mobile Apps, We automatically collect your device information such as operating system version, type, hardware usage statistics, etc. The GDPR legal basis for processing this information is the contractual obligation to your employer to perform the Services.

4.DISCLOSURE OF PERSONAL INFORMATION
  1. It is the general policy of Orblogic to not disclose Personal Information in its custody or control except with the consent of the individual and then only for identified purposes. However, individuals should be aware that there are exceptions to the above;

  2. We may disclose your Personal Information to the following categories of recipients:

    1. to our group companies, third party services providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Services), or who otherwise process Personal Information for purposes that are described in this Privacy Policy or notified to you when we collect your Personal Information.

    2. to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

    3. to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your Personal Information only for the purposes disclosed in this Privacy Policy;

    4. to any other person with your consent to the disclosure.

  3. Alberta law permits us to collect, use or disclose Personal Information about an individual in some circumstances without the individual's consent and/or knowledge. Such circumstances include (but are not limited) to where:

    1. the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;

    2. collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;

    3. the Personal Information is available to the public from a prescribed source; or

    4. the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada.

  4. Orblogic will in all cases disclose Personal Information as required or permitted by applicable law;

  5. Orblogic does not disclose, trade or sell its customer or contact lists.

5. WHY WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION
  1. Orblogic generally collects, uses, and discloses Personal Information for the following purposes:

    1. Customers, employees of and contractors to customers: To establish, maintain, manage and terminate a relationship with a customer. We may also use Personal Information for our legitimate business interests, for example, to improve our Services.

    2. Prospective or potential customers or their employees: To attempt to establish a relationship with a customer. We may also use Personal Information for our legitimate business interests, for example, to market additional products or services which we think may be of interest to you.

    3. Subscribers to Orblogic newsletters, white papers or similar types of information: To provide services, information or documentation and to solicit business.

    4. Individuals who may voluntarily choose to provide Orblogic with Personal Information:To fulfill the purposes for which such information was provided.

  2. Other individuals:

    1. Personal Information from other individuals may be collected, used or disclosed when such individuals contact Orblogic for a variety of reasons personal to them. For example, if an individual contacts us with an inquiry, we will use the information provided to assist us in responding to that individual and communicating with them. Generally, such information is used to contact or reply to individuals who have contacted us where such contact or reply is reasonable in the circumstances, or is subject to deemed consent, or is legally required.

  3. Telephone Conversations:

    1. Please refer to the more comprehensive section on telephone conversations in this Policy.

  4. Personal Information may also be used to fulfill our legal obligations.

6. NOTIFICATION AND CONSENT
  1. Subject to this Policy and applicable legislation, Orblogic will identify the purposes for collection, use and disclosure of Personal Information in advance of collection, and will notify the individual of the purposes for collection, use or disclosure of Personal Information at or before the time of collection.

    1. Orblogic may obtain consent from individuals by receipt of consent from their employers or contractors where such employers or contractors have entered into an agreement with Orblogic pursuant to which the employer or contractor, as agent for the individual, or with their authority, provides Orblogic with consent to collect, use and disclose Personal Information regarding such individuals for the purposes of providing services or products to their employer or party to which they are contracted;

    2. There are a number of exceptions to the above provisions in that in some circumstances, such as with certain Personal Information related to employees, Orblogic does not require consent to collect, use or disclose Personal Information but is required to provide notification in advance;

    3. In certain circumstances, specifically those set out in applicable legislation, the law does not require that Orblogic obtain consent or provide notification. Orblogic reserves all its rights to rely on any available statutory exemptions and exceptions.

7. EXCEPTIONS TO THE REQUIREMENT FOR CONSENT
  1. Orblogic may collect and use Personal Information without consent in circumstances that include but are not limited to the following:

    1. Where a reasonable person would consider that the collection of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;

    2. Where the collection of the information is pursuant to a statute or regulation of either New Jersey or USA that authorizes or requires the collection;

    3. Where the collection of the information is from a public body and that public body is authorized or required by an enactment of New Jersey or USA to disclose the Personal Information to Orblogic;

    4. Where the collection of the information is reasonable for the purposes of an investigation or a legal proceeding;

    5. Where the information is publicly available;

    6. Where the collection of the information is necessary in order to collect a debt owed to Orblogic or for Orblogic to repay to an individual money owed by Orblogic;

    7. In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of Personal Information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information. If an individual provides Personal Information to us voluntarily, we will rely on deemed consent and consider that the individual consents to our collection, use or disclosure of their Personal Information as necessary to carry out the purposes for which they provided the information;

    8. Where a new purpose for the use or disclosure of Personal Information previously collected arises, Orblogic will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes;

    9. Where practical, Orblogic will try to collect Personal Information directly from the individual. Where necessary, Orblogic will collect Personal Information from other sources. When Orblogic collects Personal Information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not required, we will tell them the purpose for which the information is collected, and, if reasonable to do so, the name of a person who can answer questions about the collection;

    10. Orblogic will in all cases use Personal Information only as permitted or required by applicable law.

8. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA VISITORS ONLY)
  1. If you are a visitor from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it;

  2. We will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform under a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person;

  3. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information);

  4. Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are;

  5. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided below.

9. RETENTION AND DESTRUCTION OF PERSONAL INFORMATION
  1. We retain Personal Information we collect from you in accordance with applicable law and where we have an ongoing legitimate business need to do so (for example, to provide you with a Service you have requested or to comply with applicable legal, tax or accounting requirements). USA law allows us, for legal or business purposes, to retain Personal Information for as long as is reasonable. Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, Personal Information will either be destroyed in a secure manner or made anonymous;

  2. Should consent to our collection, use, disclosure or retention of Personal Information be revoked by the individual in question, the law also allows us to continue to retain the information for as long as is reasonable for legal or business purposes. In the event that revocation of consent may have consequences to the individual concerned, we will advise the individual of the consequences of revoking their consent where it is reasonable in the circumstances to do so. When we collect, use or disclose Personal Information, we will make reasonable efforts to ensure that it is accurate, up to date, and complete.

10. THIRD PARTY WEBSITES AND THIRD PARTY PLATFORMS
  1. Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only, in addition to third party services, applications, and widgets that may be bundled into, included in, or provided in connection with our services;

  2. Any third party websites, third party services, applications and widgets will have their own privacy policies and practices, and we cannot be responsible for such third parties, their websites, services, applications, widgets, or their privacy practices. Where "Third Party Services" (as defined in our Terms & Conditions) are provided or made available to you, you consent to your name, email address and any other reasonably required information being sent to the applicable third party to enable such third party to make its Third Party Services available or to provide you with its Third Party Services as required or requested by you, and to authenticate or validate you as a customer of Orblogic that is entitled to such Third Party Service.

11. CUSTOMER DATA

Data and information provided or created by our customers in the course of using our products or services ("Customer Data") remains the property of our customers and is not used or disclosed by us except as reasonably required to provide our products or services, or as otherwise set out in this Policy.

12. USE DATA, ANONYMOUS DATA AND AGGREGATE DATA
  1. We may derive and create data and information about the use of the Services by our customers ("Use Data") which may be disclosed to third party service providers in order to improve our Services;

  2. We may derive anonymous data from Customer Data or Use Data and eliminate Personal Information from such Customer Data and Use Data so that such derived data cannot be used to identify a customer or its individual users ("Anonymous Data");

  3. We may then combine Anonymous Data with similar anonymous data from other customers or users, and derive Aggregate Data and then license or sell such Aggregate Data. "Aggregate Data" shall mean anonymous data combined from various sources which cannot be used to identify any customer or user;

  4. We may also derive Anonymous Data for the purposes of creating statistics and analytics data, which will be used by Orblogic for its own business purposes, including maintaining and improving the Services.

13. OUTSOURCING AND DATA HOSTING OUTSIDE OF USA
  1. We may use third party service providers, or provide or bundle in with our services software or services provided by third parties, to process or deal with records, documents, data and information on our behalf, or on your behalf, and such records, documents, data and information may include Personal Information;

  2. Therefore, your Personal Information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective);

  3. In order to protect the confidentiality and security of Personal Information processed on our behalf by our service providers, we use contractual and similar measures with such service providers, including contractual non-disclosure provisions. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request;

  4. We may use "cloud computing" third party service providers, and those providers may be either in or outside USA, and the data housed, hosted and processed by such providers may reside in or outside of Canada, and may include Personal Information. Orblogic currently utilizes the following third party service providers to house, host and process Personal Information: Amazon Web Services, Inc.

  5. Individuals providing us with their Personal Information are notified by this Policy about such service providers outside of USA, and such individuals may, on request as set out in this Policy, obtain access to written information about our policies and practices with respect to service providers outside of USA and the name or title of a person who can answer any questions about the collection, use, disclosure or storage of Personal Information by any service providers outside USA.

14. SECURITY
  1. We recognize our legal obligations to protect the Personal Information we have gathered about individuals. We have therefore implemented appropriate technical and organizational measures to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of Personal Information;

  2. These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.

15. NOTIFICATION OF LOSS OR UNAUTHORIZED ACCESS OR DISCLOSURE

In accordance with applicable law, we will notify the appropriate data protection authorities and affected individuals where an incident occurs involving the accidental or unlawful destruction, alteration, loss of or unauthorized access to or disclosure of Personal Information under our control. Where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure, we will, without unreasonable delay, provide notice to the Information and of the incident, including any information required by law at the time to be provided to the users.

16. YOUR RIGHTS: REQUESTS FOR ACCESS
  1. New Jersey law permits all individuals regardless of their geographic locations to submit written requests to us to provide them with:

    1. Access to their Personal Information under the custody or control of Orblogic;

      1. Where Orblogic derives the custody or control of the Personal Information through its customer, the customer will be the Data Controller and all requests for access to Personal Information should be forwarded through such Data Controller to Orblogic.

    2. Information about the purposes for which their Personal Information under the custody or control of Orblogic has been and is being used and the names of organizations or persons to whom and the circumstances in which Personal Information has been and is being disclosed by Orblogic. Requests for access are subject to the following:

      1. Any requests must be in writing;

      2. We do not accept such requests or respond to such requests via e-mail;

      3. In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them;

      4. We will respond to requests in the time allowed by Alberta law, which is generally 45 days. In certain circumstances, we may have a right to extend this period of time and will advise in writing if we are doing so;

      5. We will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible;

      6. All requests may be subject to any fees and disbursements the law permits us to charge;

      7. Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to Personal Information;

      8. Please note that an individual's ability to access his or her Personal Information under our control is not an absolute right;

      9. New Jersey law provides that Orblogic must not disclose Personal Information where:

        1. the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;

        2. the disclosure would reveal Personal Information about another individual; or

        3. the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.

      10. New Jersey law also provides that Orblogic may choose not to disclose Personal Information where:

        1. the Personal Information is protected by any legal privilege;

        2. the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information;

        3. the Personal Information was collected by Orblogic for an investigation or legal proceeding;

        4. the disclosure of the Personal Information might result in similar information no longer being provided to us when it is reasonable that it would be provided;

        5. the Personal Information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act under an agreement, under an enactment, or by a court; or

        6. the Personal Information relates to and may be used in the exercise of prosecutorial discretion.

      11. Orblogic reserves all its rights under the above.

17. YOUR RIGHTS: RESPONSES TO REQUESTS
  1. Our responses to requests for access to Personal Information will be in writing and will confirm:

    1. whether we are providing all or part of the requested information, whether or not we are allowing access or providing copies, and, if access is being provided, when and how that will be given;

    2. If access to information or copies are refused by us, we will provide written reasons for such refusal and on which that refusal is based. We will also provide the name of an individual at Orblogic who can answer questions about the refusal. In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.

18. YOUR RIGHTS: REQUESTS FOR CORRECTION
  1. New Jersey law permits all individuals regardless of their geographic location to submit written requests to us to correct errors or omissions in their Personal Information that is in our custody or control. If an individual alleges errors or omissions in the Personal Information in our custody or control, we will either:

    1. correct the Personal Information if reasonable to do so, and if not contrary to law, send correction notifications to any other organizations to whom we disclosed the incorrect information; or

    2. decide not to correct the Personal Information but annotate the Personal Information that a correction was requested but not made.

  2. Corrections or amendments will not be made to opinions as opposed to factual information, although we reserve the right to modify opinions where changes in the facts upon which those opinions are based occur.

19. RIGHTS OF EUROPEAN DATA SUBJECTS
  1. In addition, if you are a resident of the European Union, you have the following data protection rights:

  2. If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided under the "how to contact us" heading below;

  3. You can also object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by contacting us using the contact details below;

  4. Where Orblogic derives the custody or control of the Personal Information through its customers, the customer will be the Data Controller and all requests for access to Personal Information should be forwarded through such Data Controller to Orblogic;

  5. You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided below. For Canadian citizens, in accordance with Canada Anti-Spam Legislation, if you wish to receive marketing communications from us, you have the right to opt-in at the time of signing up for the services on our website;

  6. Similarly, if we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent;

  7. You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European economic area, Switzerland and certain non-European countries (including the US and Canada) are available here);

  8. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

20. AMENDMENTS TO THIS POLICY

Orblogic may amend this Policy from time to time as required and without notice, in order to better meet our obligations under the law. When we update the Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Policy or other notice on the Website. We will obtain your consent to any material changes if and where this is required by applicable data protection laws. You can see when this Policy was last updated by checking the "last updated" date displayed at the top of this Policy.