ABC PHONES OF NORTH CAROLINA, INC. (“VICTRA”)
Effective Date: [10/16/2023]
Information We Collect
VICTRA collects and uses personal information that you provide when you interact with the App. For example, you may provide your name, employee ID, photograph, username, and password when you log in, submit your work hours or information related to sales, or contact us.
We may obtain information about you indirectly. This may include your geolocation when you are within a VICTRA geofence so we can enable logging work hours as well as other work-related data, such as schedules, communications, commissions, scorecard, and meal breaks. We also collect information about, and log, your 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 consumers 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. In that case, we will inform you by posting an updated version of this CCPA section on the Site.
- Identifiers. Examples include real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
- Other elements. Examples include name, characteristics or description, address, telephone number.
- Characteristics of protected classifications under California or federal law. This category includes characteristics of protected classifications under California or federal law.
- Commercial information. This includes services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Education Information. This category includes, without limitation, information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, Sec. 1232g; 34 C.F.R. Part 99).
- Biometric information. This category includes, without limitation, an individual’s physiological, biological, or behavioral characteristics used or intended for use – singly or in combination with each other or with other identifying data – to establish individual identity.
- Internet or other electronic network activity. Examples include browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.
- Geolocation data. This might include location information while using one of our apps.
- Audio, electronic, visual, thermal, olfactory, 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.
- Professional or employment-related information. This category includes, without limitation, information regarding job applications, information related to onboarding for payroll and benefits, and information needed for evaluating performance.
- Sensitive Information. social security, driver’s license, state identification card, or passport number; log-in, financial account, debit card, or credit card number, in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; content of mail, email, and text messages (unless we are the intended recipient of the communication); genetic data; biometric information; health information; and information regarding sex life or sexual orientation.
- Consumer profile. This includes inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and behaviors.
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer 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.
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.
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 (“consumers” 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.
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.
You. We may collect personal information from you when you contact us; use the App; or in the course of the employment relationship.
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, postal address, email address, phone number, account name, date of birth, credit card number, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers
|Third parties as directed by you.
Our business partners. For example, we might disclose your personal information to one of our business partners for purposes of collaborating on services. Where applicable, we encourage you to review each such business partner’s privacy statement before signing on with them.
Services providers. For example, we may disclose information to service providers that assist with payroll processing, analyzing data, producing reports, marketing and advertising, information technology providers, and data storage companies. We might also authorize our service providers to collect personal information on our behalf.
Third parties as necessary to comply with federal, state, or local laws; comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws; detect, investigate and prevent fraud or other unlawful activities; to protect and defend ourselves, our property, our employees, our customers, and our users; and to exercise or defend legal claims.
|Protected status – such as age range or other similar identifiers
|Internet or other electronic network activity – such as browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement
|Audio, electronic, visual, thermal, olfactory, or similar information.
NOTE: Biometric information is considered an element of Sensitive Personal Information.
|Professional and Employment-Related Information.
|Sensitive personal information|
|Inferences drawn from personal information – such as individual profiles, preferences, characteristics, behaviors or other similar identifiers
Selling and Sharing Personal Information
VICTRA does not sell or share your PI as those terms are defined in the CCPA.
We do not have actual knowledge that we have sold or shared personal information of minors under age 16.
Sensitive Personal Information. We do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary to manage the employment relationship and as reasonably expected by an average employee in that context.
Consumer Rights. The CCPA provides California residents with the following rights, subject to certain exceptions:
Right to Request Deletion
You have the right to request that we delete your PI from our records, subject to certain exceptions.
Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will delete and direct any service providers, contractors, and third parties to delete your PI from their records.
The Company is not required to comply with your request to delete your PI if it is necessary for the Company (or its service provider) to maintain your PI in order to meet certain applicable exceptions.
Right to Know
You have the right to request that we disclose the following to you as it relates to the 12-month period preceding the Company’s receipt of your verifiable consumer request (see below):
- The categories of PI we have collected about you.
- The categories of sources from which the PI was collected.
- The business or commercial purpose for collecting, selling, or sharing PI.
- The categories of PI we disclosed or sold for a business purpose.
- The categories of third parties we disclosed PI to, by the category of PI.
- The specific pieces of PI we collected about you.
Right to Request Correction.
You have the right, subject to certain limitations, to request that we correct any inaccurate personal information we maintain about you. Upon receipt of a verifiable consumer request, and as required by the CCPA, we will take appropriate steps to respond to your request.
We will not discriminate against you for exercising any of your CCPA rights.
We reserve the right to only respond to verifiable consumer requests. A verifiable consumer request is one made by any individual who is:
- the consumer who is the subject of the request,
- a consumer on behalf of the consumer’s minor child, or
- by a natural person or person registered with the Secretary of State authorized to act on behalf of a consumer.
If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a Consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive PI to verify your identity. We may not be able to respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you. However, making a verifiable consumer request does not require you to create an account with us.
Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. We will not use the PI we collect from an individual to determine a verifiable request for any other purpose, except as required by law.
We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will attempt to respond to a verifiable consumer request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond, under which circumstances we will notify you of the need for an extension.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable consumer request. With respect to Personal Information collected on and after January 1, 2022, and to the extent expressly permitted by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not be impossible or require a disproportionate effort by us. The response we provide will also explain the reasons we cannot comply with a request, if applicable. To the extent permitted by the CCPA, we will respond to no more than two requests during any 12-month period.
You may authorize a natural person, or a business registered with the California Secretary of State to act on your behalf with respect to the right under this CA Addendum. When you submit a Request to Know or a Request to Delete, unless you have provided the authorized agent with a qualifying power of attorney, you must provide your authorized agent written permission (signed by you) to act on your behalf and verify the authorized agent’s identity with us. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.
Submitting Consumer Rights Requests
To submit a California Consumer Rights request as outlined in this CCPA section, please contact us at 888-611-0354 or email us at [email protected].
Persons with disabilities may obtain this notice in alternative format upon request using the contact information below.
If you have any questions or comments about this notice or the ways in which VICTRA collects, uses, and shares your personal information, please do not hesitate to contact us at:
Email: [email protected]
8510 Colonnade Center Drive, Suite 300
Raleigh, North Carolina 27615
4873-9510-8485, v. 1