TIER 1 DIGITAL USA, INC.

PRIVACY POLICY

 

Last Updated: April 29, 2020

  1. INTRODUCTION

Tier 1 Digital USA, Inc. (“Tier 1 Digital USA,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use our services (“Services”) and applications (the “Applications”), including the Track+ Care Solution application (the “Track+ Care Solution”, and with the applications collectively the “App”) through our Platform (the “Platform”) accessed at our Website at http://us.tier1digital.co/ (the “Website”). The capitalized terms, not defined herein, have the same meaning as ascribed in our Employee Terms of Service  or our Employer Terms of Services, as applicable, unless otherwise noted here.

We are committed to protecting the privacy of our Users whose information is collected and stored while using our Services, Platform and the Track+ Care Solution Application.

Tier 1 Digital USA provides a state of the art, cloud-based Software as a Service (“SAAS”) solutions for the Agriculture, Food Supply Chain, and other industries covering ERP, quality, online markers, food safety and more. In the light of the novel COVID-19 pandemic, our first application (“Track+ Care Solution”) will allow businesses to monitor the safety of their employees and their environment by monitoring and recording temperatures, other symptoms and any possible contact with a COVID-19 patient. Your company has made arrangements with us for you to use our Track+ Care Solution Application to monitor your temperature and other symptoms to see if you might have COVID-19. By using the Track+ Care Solution Application, you are agreeing to allow your company and Tier 1 Digital USA to record, monitor, and compare your symptoms when you first report to work and other times during the day.

NOTE THAT WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUB PROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE/APP AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE/APP AND PLATFORM.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT CAREAPPINFO@TIER1DIGITAL.CO.

  1. TERRITORIAL APPLICATION

We are currently authorized to provide our services in the United States and Canada. We are not yet authorized to provide our services in the European Union or Switzerland. If you reside in the European Union or Switzerland, please do not register for or use our services. When we determine that you are a resident in the European Union or Switzerland, we will terminate your service.  We will let you know when we are authorized to provide our Services and the Platform in the European Union, Switzerland, or Great Britain by updating this Privacy Policy or via email if you have authorized us to email you updates to our Services and the Platform.  Please regularly review this Privacy Policy and our Terms of Services for change and updates.

  1. WHAT INFORMATION DO WE COLLECT?

When you register to access our Platform and use our Services and Applications, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, address, online contact information such as your email address or username, email address or username combined with a password or security question and answer, phone number, professional or employment related information, persistent identifiers, photographs, video or audio files containing an image or voice, credit card information, personal health information (“PHI”), as defined under Health Information Portability Account Act of 1996 (“HIPAA”), and other personal information. The information so collected will be stored on our servers. When you register for or use our Track+ Care Solution Application, you consent to our use and the use of your Company of the PHI we will record on our Platform. You also consent to us and your company to share your PHI with health and medical professionals.

You may change your personal information via email by contacting us at careappinfo@tier1digital.co or through your profile or account settings on our Website/App or Platform. But you may affect your or your companies ability to fully utilize our Services, including the Track+ Care Solution Application. 

We collect some or all of the following information when you register on our Platform and Services or download our Applications:

  1. Account Information. When you register to use our Platform or when you create an account, we will collect some PII and/or PHI. We may also collect information that does not personally identify you such as (i) your geolocation, (ii) browsing history, search history, and information regarding your interaction with our Website/App or Platform, (iii) commercial purchase information like records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, and (iv) information about your internet connection, the equipment you use to access our Website/App or Platform, and usage details.
  1. Financial Information.  We currently do not store any credit card or bank information.  However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.
  1. HOW DO WE COLLECT INFORMATION?

We collect personal information from you in the following ways:

  1. At registration on our Website/App or Platform;
  2. In email, text, and other electronic messages between User and our Website/App or Platform;
  3. Through User’s mobile and desktop use of the Website/App or Platform, which provides dedicated browser-based interaction between User and our Website/App or Platform;
  4. When User interacts with our advertising and applications on third-party Website/App and services, if those applications or advertising include a link to this Privacy Policy;
  5. From records or copies of correspondences (including email addresses) if User contacts us;
  6. From search queries on our Website/App or Platform; and

We collect information from you automatically when you navigate through our Website/App or Platform in the following ways:

  1. Usage details;
  2. IP addresses;
  3. Information obtained through browser cookies;
  4. Web beacons on our Website/App;
  5. Web beacons on emails sent by us; and
  6. Other tracking technologies.

We collect information from business partners through:

  1. Business development activities;
  2. Google, Facebook, and LinkedIn advertisements; and
  3. Other similar means.
  1. HOW DO WE USE YOUR INFORMATION?

We use the information that you provide to:

  1. Personalize your experience in using our Platform;
  2. Provide you  with information, products, or services requested from us;
  3. Enable you to access our Platform and to use our Services and Applications;
  4. Provide you with notices about your account and/or subscription and our fees for our Services;
  5. Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;
  6. Notify you about changes to our Website/App and Platform, our Applications,  and any Services;
  7. Improve our Website/App and Platform;
  8. Improve our customer service;
  9. Process transactions; and
  10. Send you periodic emails, subject to Section 23 below, to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information about the product and/or service that you use; and (iv) market to our mailing list or continue to send email to User after the original transaction has occurred.
  1. OUR COOKIE POLICY

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”

We use Cookies on our Website/App to (a) help remember and process items in the shopping cart, (b) understand and save User’s preferences for future visits, (c) keep track of advertisements, and (d) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.  You can set your browser to refuse all or some browser Cookies, but it will turn off some of the features of our Website/App and Platform, as our Website/App and Platform require the cookies to function properly. We honor Do Not Track signals and, if one is in place, we will not track, plant cookies, or use advertising.

We allow third party behavioral tracking and links to third-party web pages.  Occasionally, at our discretion, we may include or offer third-party products or services on our Website/App or Platform.  These third-party sites have separate and independent privacy policies.  We, therefore, have no responsibility or liability for the content and activities of these linked sites.  We may also sell or otherwise give personal information that we keep on our visitors and users to third parties.  Nonetheless, we seek to protect the integrity of our Website/App or Platform and welcome any feedback about these sites.  Please contact us at careappinfo@tier1digital.co.

  1. HOW DO WE PROTECT INFORMATION WE COLLECT?

Our Website/App are reasonably scanned to meet or exceed PCI Compliance. Our Website/App receives regular security scans and penetration tests.  Our Website/App also receives regular malware scans.  In addition, our Website/App uses an SSL certificate as an added security measure. We require username and passwords for our customers and their employees who can access the personal information of Users that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to the personal information of Users that we store and/or process on our Platform and servers. We will implement reasonable security measures every time you (a) place an order, (b) enter, submit, or access your information, (c) register on our Website/App, or (d) access our Platform. We are particularly sensitive to any PHI that you give us and will protect such PHI in full compliance with HIPAA and other applicable privacy laws throughout the world. 

  1. DATA SECURITY MEASURES.
  1. Security Measures.  We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website/App or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website/App or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website/App or Platform.
  1. Fair Information Practice Principles.  In the event of a personal data breach, we will (i) notify the User within 24 hours by email and/or on our Website/App, and (ii) notify the Federal Trade Commission (“FTC”), Federal Communications Commission (“FCC”), and/or state regulatory agency as applicable.  We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
  1. DISCLOSURE OF PERSONAL INFORMATION

a. Disclosure of Personal Information.

  1. We may disclose aggregated, de-personalized information about our Users that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.   
  2. We disclose personal information to our subsidiaries and affiliates.
  3. We disclose personal information to contractors, services providers, and other third parties.
  4. We require all contractors, service providers, and other third parties to whom we disclose Users’ personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
  5. We will disclose personal information in the event of a merger, sale of business, etc.
  6. We require all other third parties, to whom we disclose Users’ personal information, to be under contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to such third parties.
  7. We disclose personal information for any other purpose for which the User provided it.
  8. We will only disclose personal information as described in this Privacy Policy or with the written consent of the User.

b. Other Disclosure of Personal Information.

1. We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply our Employee Terms of Service or Website Terms of Use, as applicable, and other agreements, including for billing and collection purposes, (iii) if we believe it is necessary or appropriate to protect the rights, property, or safety of Tier 1 Digital USA, our customers or others, or (iv) if it is necessary or appropriate to protect the rights, property, or safety of Tier 1 Digital USA, our customers, or others, and this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

c. Choices Users Have About How Tier 1 Digital USA Uses and Discloses Information.

  1. Tracking Technologies and Advertising. Users can set their browser to refuse some or all the browser cookies, but if the Users disable or refuse cookies, some parts of our Website/App may not be accessible or function properly.
  1. Disclosure of Users’ Information for Third-Party Advertising.  Users can opt-out by (i) checking the relevant form when we collect the data; or (ii) emailing us their opt-out request at careappinfo@tier1digital.co.  Users receiving promotional email can opt-out by sending a return email requesting to be omitted from future promotional email distributions. This opt-out will not apply to information provided by Tier 1 Digital USA for product purchases, warranty registration, or other transactions.    
  1. YOUR CALIFORNIA PRIVACY RIGHTS

As specified in this Privacy Policy, Tier 1 Digital USA may disclose your “Personal Information,” as the term is defined under the California Civil Code Section § 1798.82(h) to assist us in the provision of our Services and Applications to you.  As set forth below in Section 12, we will fully comply with the letter and the spirit of the CCPA. Under the CCPA, among other things, you may request that we (i) identify the Personal Information that we store on you, (ii) identify any disclosures of your Personal Information to third parties, and/or (iii) delete your Personal Information in all our systems that we store on you.  Please send an email to careappinfo@tier1digital.co or write us at Tier 1 Digital USA, 1613 S Main St, Ste 107 Milpitas, CA 95035, to make such inquiries.

Note that (i) if we delete your Personal Information as requested, we may not be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at careappinfo@tier1digital.co or write us at Tier 1 Digital USA, 1613 S Main St, Ste 107 Milpitas, CA 95035.

  1. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website/App and Platform are not meant for use by children under the age of 13. Our Website/App and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. We intend to fully comply with the letter and spirit of COPPA. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at careappinfo@tier1digital.co.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE/APP OR PLATFORM.

  1. CALIFORNIA CONSUMER PRIVACY ACT 

This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website/App and uses our Services, who reside in the State of California (“consumers” or “you”). We have implemented the provisions in this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section. You have the following rights with respect to your Personal Information that we store on you:

  • Right to Request Personal Information. Upon request, we will provide you with (i) a list of all Personal Information that we have collected on you, (ii) from whom we obtained such Personal Information, (iii) the reason why we collected such Personal Information, and (iv) with whom (if any) we have shared such Personal Information. If we start selling your Personal Information or disclose your Personal Information to third parties, upon request, we will provide you with (i) a list of the Personal Information that we have collected on you, (ii) a list of the Personal Information that we sell or disclose to others on you, and (iii) to whom we have sold or disclosed your Personal Information. A consumer can make such a request only twice in a 12-month period. We require such Personal Information to be able to provide to you our Services. 

Unless otherwise specified, we only collect Personal Information from you. We do not use others to provide us with your Personal Information.

  • Disclosure of Personal Information. We only share your Personal Information with service providers, e.g., billing and collection agents, who enable us to provide our Services to you. We do not sell or give your Personal Information to third parties for purposes unrelated to our provision of Services to you.

 

  • Right to have Personal Information Deleted. Upon request, we will delete all of your Personal Information that we have collected on you and will direct our Service Providers to also delete all of your Personal Information. But note that if we do delete all of this Personal Information, you will no longer be able to use our Services.

 

  • Non-Discrimination Right. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
    • Deny you our services.
    • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of services.
    • Suggest that you may receive a different price or rate for our services or a different level or quality of services.

 

  • Financial Incentives. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
  • Contact Information. You may contact us (i) at careappinfo@tier1digital.co, (ii) by phone at our toll-free number 1-800-___-____,  or (iii) by writing to us at Privacy Officer, 1613 S Main St, Ste 107 Milpitas, CA 95035, to (i) make a Personal Information Request, (ii) lodge a complaint about our use or storage of your Personal Information, (iii) ask us to delete such Personal Information, and/or (iv) discuss our Privacy Policy and/or anything that has to do with it. We will respond within forty-five (45) days of receiving such request or query. Additionally, in order for us to respond to your request or query, we will need to collect information from the requesting party to verify their identity.

 

  • Under 16. We will not sell your Personal Information if you are under the age of 16 unless we have the consent of your parent or your guardian nor will we sell it if you ask us not to do so.
  • Opt Out Right.  Upon your request, we will stop selling your Personal Information (sometimes called your Opt Out Right). You may send the request to Opt Out (i) to careappinfo@tier1digital.co, (ii) by phone at our toll-free number 1-800-___-____, or (iii) by writing to us at Privacy Officer, 1613 S Main St, Ste 107 Milpitas, CA 95035.

 

  • Personal Information that We Store.  For your information, we store/collect the following Personal Information on you: name, address, online contact information, phone number, professional or employment related information, persistent identifiers, photographs, video or audio files containing an image or voice, credit card information, personal health information. 
  1. CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations.  Per the CAN-SPAM Act, we will:

  1. not use false or misleading subjects or email addresses;
  2. identify the email message as an advertisement in some reasonable way;
  3. include the physical address of Tier 1 Digital USA, which is 1613 S Main St, Ste 107 Milpitas, CA 95035;
  4. monitor third-party email marketing services for compliance, if one is used;
  5. honor opt-out/unsubscribe requests quickly; and
  6. give an “opt-out” or “unsubscribe” option.    

If you wish to opt out of email marketing, contact us at careappinfo@tier1digital.co and we will promptly remove you from all future marketing correspondences.

  1. U.S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Our activities regarding screening of COVID-19 symptoms in employees at their workplace are fully in compliance with the U.S Equal Employment Opportunity Commission Guidelines, which can be found here.

  1. MODIFICATIONS TO OUR PRIVACY POLICY

We reserve the right, at its sole discretion, to change or modify this Privacy Policy at any time. In the event we modify this Privacy Policy, such modifications shall be binding on you only upon your acceptance of the modified Privacy Policy. We will inform you about the modifications on our Privacy Policy page via email, on our Platform by posting a modified version of the Privacy Policy page, or by a comparable means within a reasonable time period.  Your continued use of our Website/App or Platform shall constitute your consent to such changes. Please review this Privacy Policy for changes and upgrades that we make to it.

  1. LIST OF THIRD-PARTY SERVICE PROVIDERS

We use the following third-party service providers for the provision of services as detailed under the  Employee Terms of Service or Website Terms of Use, as applicable.

Name of Third-Party Service Provider

Contact Information

Amazon Web Services Inc. (North Virginia, US)

Website/App: https://aws.amazon.com/premiumsupport/knowledge-center/aws-phone-support/

Address: 410 Terry Avenue North, Seattle, WA 98109-5210

Additionally, if you have any questions or concerns about our third-party service providers, please email us at careappinfo@tier1digital.co.

  1. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website/App or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.:

  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our Website/App or Platform that you claim is infringing and that you request us to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Tier 1 Digital USA’s Copyright Agent to receive DMCA Takedown Notices is Sri Sabesan, careappinfo@tier1digital.co, at Tier 1 Digital USA, Attn: DMCA Notice, 1613 S Main St, Ste 107 Milpitas, CA 95035. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Tier 1 Digital USA in connection with the written notification and allegation of copyright infringement. 

  1. CONTACT US.

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Privacy Officer

Email: careappinfo@tier1digital.co

Address: Tier 1 Digital USA, 1613 S Main St, Ste 107 Milpitas, CA 95035.

PLEASE NOTE: IF YOU USE OUR WEBSITE/APP AND/OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR EMPLOYEE TERMS OF SERVICE OR WEBSITE TERMS OF USE, AS APPLICABLE.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR PATIENT TERMS OF SERVICE OR DOCTOR TERMS OF SERVICE, PLEASE DO NOT USE OUR Website/App AND/OR PLATFORM.

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