Mobile App Privacy Policy

ABC PHONES OF NORTH CAROLINA, INC. (“VICTRA”)

EMPLOYEE MOBILE APP PRIVACY POLICY

Effective Date: April 22, 2024

At VICTRA (“we”, “us” or “our”), we are committed to maintaining strong and meaningful privacy protections for our employees (“you” or “employee(s)”). Our privacy policy (“Policy”) is designed to inform you about the personal information we collect, how we use and share it, and the choices you have when you use our mobile application (“App”). This Policy applies to users of the VICTRA mobile application (“App”).

Please read this Policy carefully before using the App or submitting personal information to us. BY ACCESSING OR USING THE APP OR SUBMITTING INFORMATION, YOU CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated policy on our website and update the policy’s effective date. Your continued use of our App following the posting of changes constitutes your acceptance of such changes.

Information We Collect

VICTRA collects and uses personal information that you provide when you interact with the App. For example, your email address, employee ID, username, and password when you log in or provide your work hours or information related to sales, or contact us.

We may obtain information about you indirectly. This includes whether or not your device is within a VICTRA geofence so we can enable logging work hours as well as other work-related capabilities, such as schedules, communications, commissions, scorecard, and meal breaks. We also collect information about, and log, your store visits and use of the App, including the time spent engaging with app content. To compile this information, we may collect and store your IP address, operating system version, browser version, pages you visit within the App, and length of time you spend on pages within the App. All of this information can be associated with the IP address your device had while you visited the App, and it may be associated with you as an individual or associated with any other information you may submit through the App, or that we may store about you for any other purposes.

In particular, we collect or may have collected the following categories of personal information from employees within the last twelve (12) months:

As described below, we may collect or have collected in the preceding 12 months the following categories of personal information (“PI” or “personal information”). We may add to the categories of PI we collect and the purpose we use PI..

Examples include real name, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
Other elements. Examples include name, email address, password, and password.
Characteristics of protected classifications under California or federal law. This category includes characteristics of protected classifications under California or federal law.
Biometric information. While this will not be collected or stored in the App, this refers to, without limitation, an individual’s biological, or characteristics used or intended for use – singly or in combination with each other or with other identifying data – to establish individual identity, which may be utilized as a feature on your device’s operating system for authentication purposes only. Note that if you utilize such features on your personal device, any biometric information would remain only on your device and Victra would not have access to, or otherwise collect, such biometric information.
Internet or other electronic network activity. Examples include IP address or employee’s interaction with the application.
Geolocation data. This might encompass location information relevant to determining whether an employee is within a designated geofence boundary, rather than precise tracking while using our App. Precise Location is merely a functionality enabled on your device’s operation system, but Victra would not have access to or otherwise collect such precise geolocation information.
Audio, electronic, visual or similar information. This category includes, without limitation, information collected from voicemail messages, while speaking with one of our service representatives, and/or by video camera.

Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated employee information.

Information On Your Use. We collect information about and log your visits and use of the Site. We also compile statistical data concerning usage of the App through analytics services, such as those provided by Google Analytics. Examples of this statistical data would include the number of visitors to the App or sections or pages within the App, patterns of traffic flowing through the App, the length of time spent on the App or in sections or pages of the App, the browser and operating systems and versions of App users.

To compile this statistical data, we may collect and store:

Your IP address
Your operating system version
Your browser version
The pages you visit within the Site
The length of time you spend on pages within the Site
The site from which you linked to ours
Search terms you used in search engines which resulted in you linking to the Site, etc.

While all of this information can be associated with the IP address your device had while you visited the App, it will not be associated with you as an individual or associated with any other information you may submit through the App, or that we may store about you for any other purposes.

The analytics services provider may transfer this information to third parties in case of a legal obligation or if a third-party processes data on behalf of that service.

Cookies and other website tools

Cookies are small files that are created by a web browser and downloaded to your device when visiting a website or App. These are capable of storing information pertaining to your previous activity on the website or App and user preferences that allows the information to be retrieved the next time you visit the same site.

We use cookies and other technologies such as pixel tags, browser analysis tools, server logs and web beacons to recognize you when you return to the App and to help us improve the quality of our service when you use the App. We also use cookies to for analytics, to tailor our services, track visits our App and, as applicable, to process your requests. We do not link your URL or IP address to any personal information.

You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools. Most browsers will allow you to block or refuse cookies. However, you may need to manually adjust your preferences each time you visit a site. For more information, see the Help section of your browser. Please note that if you block certain cookies, some of the services and functionalities of our Site may not work.

Do Not Track

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our App is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.

We do not track App users over time and across third party websites. Please note, as set forth above, we do track geolocation within the applicable geofence.

Links to Third Parties’ Sites.

We may provide links to websites or resources outside of the app for your informational purposes. You acknowledge and agree we are not responsible for the availability of such sites or resources and we do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such sites or resources. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites and which govern your interactions with those sites.

Purposes for Collecting Your Personal Information

In general, we will use the personal information we collect only for the purpose it was collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual duties and obligations, and as otherwise provided in this Policy. For example, we may use your personal information in the following ways:

As described to you when collecting your personal information.
To operate, administer and maintain the App.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To create, maintain, customize, and secure your employee profile.
To provide the services and features offered through the App.
To communicate with you. We will send you messages about the availability of the App, security, or other service-related issues. You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.
For our research and development efforts. We use data, including your feedback, to conduct research and for the development of the App and the services we provide to you.
For other everyday business purposes. By way of example, payroll processing, account management, management of the employment relationship, IT support, analytics, security, fraud prevention, corporate governance, reporting and legal compliance.
To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets and business.
Ensure your information is accurate and up to date.
For Legal and Regulatory Compliance. Certain laws and regulations may require us to process your personal information. We may also use your personal information to respond to law enforcement requests, as required by applicable law, court order, or governmental regulations, and for other lawful processes or public safety purposes.
To investigate, establish or defend a legal claim.
Other Purposes. We may use your personal information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosing Your Personal Information

In general, we will not disclose your personal information except with your consent and as described in this Policy. We may disclosure your personal information for the same reasons that we may use it as described in this Policy, which includes disclosing it to our affiliates and non-affiliated entities as we deem necessary to carry out those purposes.

Vendors and other third parties. We may need to disclose information collected through the App to vendors, business partners, and other third parties as necessary for them to perform services for us (e.g., IT support, data storage, payroll processing, communications, analyzing and recording the data you submit such as hours and sales) as follows:
With your consent or as you direct;
To manage the App and services provided through the App;
To communicate with you;
To manage the employment relationship;
To enhance the functionality, presentation, and use of the App through analytics and other technologies;
To protect our interests and legal rights, such as through responding to subpoenas and defending litigation; and
To protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of the App) and claims and other liabilities.

We endeavor to choose affiliates and non-affiliates with similar standards to ours regarding the protection of data.

Legal Process, Security, Defense, Protection. It is possible that we will need to disclose information about you if required by law, subpoena, or other legal process. Additionally, we may disclose information about you if we have a good faith belief that disclosure is reasonably necessary to:
demonstrate our relationship with you;
investigate, prevent, or take action regarding suspected or actual illegal activities or to assist law enforcement agencies;
protect the security or integrity of the App;
protect against or investigate fraud;
investigate and defend ourselves against any third-party allegations or claims;
protect the rights and safety of others; or
as required by law, subpoena, or other legal process.
Change in Control or Sale. We can share, sell, assign, or license your personal information in connection with certain business transactions, such as a sale, acquisitions, merger, or change in control, or in preparation for any of these events. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by this Policy. Any entity that acquires all or substantially all of the Company’s assets will have the right to continue using your data consistent with this Policy or as otherwise agreed to by you.

In no case will we sell or license your data to third parties, except as set forth above or as required or permitted by law.

Information Security and Retention

We use technical, administrative, and physical safeguards to help protect against unauthorized access to, use, or disclosure of information we collect or store. In addition, we train our employees on the importance of privacy, security, and the proper ways to access, use and disclose personal information. Our practices and policies prohibit employees with whom we share this information from using personal information unless they are authorized to do so and have a business need. They also require us to keep personally identifiable information and other sensitive records only as long as reasonably necessary for business, accounting, tax or legal purposes. However, no system for safeguarding personal or other information is 100% secure and even though we have taken steps to protect your personal information from being intercepted, accessed, used or disclosed by unauthorized persons, we cannot fully eliminate security risks associated with personal information.

How Long We Retain Your Information

We retain your personal information for as long as necessary, including to manage the employment relationship. We may retain your personal information for longer if it is necessary to comply with our legal or reporting obligations, resolve disputes, etc. or as permitted or required by applicable law. We may also retain your personal information in a deidentified or aggregated form so that it can no longer be associated with you. To determine the appropriate retention period for your personal information, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we process your personal information; applicable legal requirements.

Information of Children

The App is not directed to children as services on this Site are intended for persons 13 years of age and older. The Company does not knowingly collect, use or disclose any personal information from children.

Applicable law

This Policy is governed by the internal substantive laws of North Carolina, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy shall lie exclusively with the state and federal courts within North Carolina. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.

Your Choices Regarding Your Personal Information

You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the services and content on the App and we may not be able to process information necessary for managing the employment relationship and performing the employment contract.

Transfer of Your Personal Information

When your personal information is submitted through our App, it may be transferred to our servers in other jurisdictions, including the United States, which may not have similar data protection laws to the country in which you reside.

CALIFORNIA RESIDENTS ONLY

California Consumer Privacy Act (“CCPA’”). This CCPA section of the Policy applies solely to individuals who are residents of the State of California (“consumer” or “employee(s)” or “you”) in accordance with California Civil Code section 1798.100, et seq. This CCPA section describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information we obtain when you access or use the App, or through other channels including but not limited to phone and email conversations, social media interactions on our websites and other third party websites such as social media sites, viewing our emails, attending an event, or otherwise.

This CCPA section supplements and amends the information contained in the Policy with respect to California residents. Any terms defined within the CCPA have the same meaning when utilized within this CCPA section. The other provisions of the Policy continue to apply except as modified in this CCPA section.

Please read this CCPA section carefully before using the App or otherwise submitting information to us. By using the App or otherwise submitting information, you indicate your understanding that the collection, use, and disclosure of your information is subject to the terms of this CCPA section. Except as otherwise noted, any capitalized terms not defined in the CCPA section have the meaning set forth in the Policy..

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS CCPA SECTION, PLEASE DO NOT PROVIDE US WITH SUCH INFORMATION.

Sources

You. We may collect personal information from you when you contact us; use the App; or in the course of the employment relationship.

News outlets.

Social media and related services.

Third Parties. We may collect information about you from third parties such as through your social media services consistent with your settings on such services, or from other third-party sources that are lawfully entitled to share your data with us.

Information Collected Automatically. As you navigate through and interact with our App, we may compile statistical information concerning your usage of the App through analytics services, such as those provided by Google Analytics. To do so, we may collect certain information about your equipment, browsing actions and patterns.

Purposes for Collecting Your Personal Information

Please see corresponding section in Policy, above.

Disclosures of Personal Information for a Business Purpose

The following chart describes the categories of personal information we may have collected about you in the preceding twelve months and the categories of third parties to whom we may have disclosed that personal information.

Categories of Personal Information

Categories of Third Parties to Whom Disclosed & Purposes for Disclosing

Identifiers and Other elements – such as name, unique personal identifier, online identifier, Internet Protocol address, email address, account name, password, telephone number, or other similar identifiers.