1. Important information and who we are
This policy aims to give you information on how we collect and process your personal data through your use of our devices, software, services and web site, including any data that you may provide when you contact us, sign up to use our software or services or use our devices.
3. What personal data do we process?
The type of personal data we process depends on how we interact with you.
If you are using our website:
If you are using our website or requesting information, we may collect, use, store and transfer the following personal data:
For an emergency contact:
Some of the services that we provide require that an owner or user of our device(s) provides emergency contacts who will be notified in the event that the device registers a potential accident or emergency. In such circumstances, the owner or user of the device will be sent a notification which they will be prompted to respond to. If no response is detected from the device, an alert is triggered and sent to the emergency contact(s).
If you are an emergency contact, we will collect, use, store and transfer the following personal data:
If you are a device owner and/or user:
If you are an owner and/or user of our devices we may collect, use, store and transfer the following information about you either through the device itself or through a connected software app:
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, or your employer, and you fail to provide that data when requested, we may not be able to perform our obligations under that contract (for example, to provide you with devices and/or services). In this case we may have to revoke your access rights to our software and services and require you to return any of our device(s) to us or your employer.
4. How is your personal information collected?
We use different methods to collect data from and about you depending on how we are interacting with you.
If you are using our website:
If you are using our website, you may give us your personal information through direct interactions, by filling in forms online or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
Technical information such as IP addresses may be collected as part of normal use of our website.
If you are an emergency contact:
If you are an emergency contact, you may give us your personal information through direct interactions, by filling in forms online or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you agree to be an emergency contact for an owner or user of one of our devices. Your details will be provided to us by the device owner or user.
If you are a device owner/user:
If you are device owner/user, you may give us your personal data through direct interactions, by filling in forms online or by corresponding with us by post, phone, email or otherwise and from your use of the device. This includes personal information you provide when you:
If you are interacting with our Safety Culture questionnaires:
If you are interacting with our Safety Culture questionnaires, you may give us your personal data through direct interaction and by filling in forms online. This includes personal information you provide when you sign up to use our Safety Culture questionnaires. We may also receive your personal information from your employer or contract supervisor.
Information we receive from other sources, including third parties and publicly available sources:
We will receive personal data about you from various third parties and public sources as set out below:
Information we get from your employer:
If your employer issues one of our devices to you, they can create a profile for you using our software and may put your personal data in that profile. That profile will remain accessible to your employer and subject to their employment rules and privacy obligations. We will have access to that personal data in certain limited circumstances, for example, your employer is unable to access such data, but access is highly restricted within Tended and the data is maintained in encrypted form. Such data may include some of the information detailed above for device owner/users plus such information as is held by an employer such as next of kin. We will not use such data for any Tended purpose. We will also hold the personal data detailed above for device owners/users.
5. How we use your personal data
We use your personal information for a number of different purposes when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are when appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your personal data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:
We only rely on legitimate interests where we have balanced the interest being pursued against your interests, rights and freedoms and have concluded that the processing is not unwarranted. If you would like to see a copy of our legitimate interests’ assessment, please contact us using the details below.
6. Who we share your personal information with
We may share your personal data with the parties set out below for the purposes set out in the table (Purposes for which we will use your personal date) above:
Your emergency contacts
We will send your identity, your location and your medical information (if added to your profile in the Tended app) to your emergency contacts if an alert is triggered.
We use third party suppliers to provide services to us, for example IT services to us. These suppliers may process your information on our behalf. Such suppliers include Twilio who will receive data to send texts or make calls in the case of an alert. Google in respect of Google analytics for website and advertising impact assessments, Amazon Web Services for data storage and processing.
We may share your personal information with third parties where required or permitted by law, if we believe we need to do so to exercise, defend or protect our rights, or to comply with legal proceedings.
Where you have a one of our devices as an employee that was provided to you by your employer, the services may give your employer information about you. Such information will be under the control of your employer and will be subject to their data protection obligations and policies. Such information may include health data you have set up in the app, the fact that a triggering event has occurred and your location at that time. Your employer may also set up an “are you OK” request and trigger such a request which will request that you confirm that this information is sent to your employer.
Changes to our business
If ownership of all or part of our business changes, or we undergo a reorganisation we may transfer your personal data to the new owner or successor company so we can continue to provide you with the services.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
7. How do we share your data outside the EEA?
Whenever we transfer your personal data outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that we only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of persona data in non-EU countries. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
The EEA comprises of all of the European Union countries and Iceland, Liechtenstein and Norway.
On an emergency alert being sent to your emergency contacts a link to your personal data will be sent to such emergency contacts irrespective of where they are at that time. In doing so, such personal information may pass through or end up outside the EEA and in a country which does not have the same level of protection for personal data.
Our devices are only intended for use within the United Kingdom. If you use our devices outside of the EEA your movement data will be transferred to Tended via networks located in countries that may not have the same level of protection for personal data as is required in the EEA.
8. How do we safeguard your personal data?
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. How long do we keep your personal information?
We hold your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or we reasonably believe there is a prospect of litigation in respect of our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your personal data: see staying in control of your information: your rights (below) for further information.
In some circumstance we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
10. Staying in control of your information: Your rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data, as summarised below.
To exercise any of these rights, or to ask any questions about your rights, please Contact Us. We will respond as soon as we can, and usually within one month from when we receive your request. Occasionally it could take us longer to respond than one month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We usually act on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for:
Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We’ll make it easy for you to update or change your personal details or marketing permissions. Please help us to help you by letting us know if your contact details change, or if you spot any errors in the personal data we hold about you by using the Contact Us page. Your right to be informed
Your right to request access
You have the right to obtain a copy of the personal data that we hold about you, including personal details, correspondence, consent information, complaints and queries. If you would like a copy of the personal data we hold about you or have any queries about the way we process your personal data, please Contact Us.
Your right to request rectification
You have the right to ask us to update the personal data we hold about you, or correct any personal data that you think is incorrect or incomplete, though we may need to verify the accuracy of the new data you provide to us.
Your right to request erasure
You may ask us to erase your personal data where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Your right to object to processing
Under circumstances, such as where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Your right to request restriction of processing
You may ask us to suspend the processing of your personal data in the following scenarios:
Your right to request transfer
Should you ask us to transfer your personal data to you or a third party, we will provide to you, or the third party, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Your right to withdraw consent at any time
You may withdraw consent to us processing your personal data at any time by Contacting Us. However, this will not affect the lawfulness of any processing carried our before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Processing data about children
Tended does not recommend that a child be given access to our devices nor do we recommend that they be given access to our software. If we determine that our devices are being used by a person we reasonably believe is a child or minor under the age of 16, we will notify the purchaser of that device and also send a message via the Tended app that we will close the associated user account within one day of such notification. Where one of our devices is being used by a child or minor under 16 unknown to us, their personal data will be processed and stored as if the child or minor was an adult.
11. How you can contact us
Alternatively, you may also write to us at: Boole Technology Centre,Beevor Street,Lincoln, Lincolnshire England LN6 7DJ.
If you are not satisfied with our response to any complaint or believe our processing of your personal data does not comply with data protection law, you have the right to make a complaint to the relevant data protection regulator. In the UK, this is via the Information Commissioner’s Office (ICO), Information Commissioner’s OfficeWycliffe house, Water Lane, Wilmslow, Cheshire SK9 5AF Tel 0303 123 1113. The ICO’s website is www.ico.org .