Privacy Policy

We will only use your Personal Data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at [email protected]

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of Personal Data for a Business Purpose

We disclose your Personal Data to service providers and other parties for the following business purposes: In the achievement of internal business operations and in order to best serve you, Ontra may disclose Personal Data to Third Parties who reasonably need to know such Personal Data in the accomplishment of a contracted task or Ontra business purpose. For example, the electronic billing of clients or processing of benefits/payroll through Third Party providers. We may also disclose your Personal Data to third parties in the following circumstances:

(i) As required by law to comply with a subpoena or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify you in the event that we are required to provide your Personal Data, customer, or business information to Third Parties as part of a legal process. Ontra also may be required to disclose Personal Data in response to lawful requests by public authorities, including requests from national security or law enforcement authorities.

(ii)  When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a written government request.

(iii) If Ontra becomes involved in a merger, acquisition, or any form of sale of some or all of its assets.

(iv)  To any other Third Party with your prior consent.

(v) When detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

(vi)  Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.

(vii) To undertake activities to verify or maintain the quality or safety of a service or device that we own, manufacture, was manufactured for us, or control.

Third-Party recipients must agree to abide by contractual obligations established 1) restricting use of Personal Data to Ontra instructed/specified purposes, 2) securing the availability, integrity, and confidentiality of the Personal Data whilst in their possession, and 3) returning & purging Personal Data upon the termination of the relevant contract. Ontra will ensure that the same or a better level of protection as Ontra provides is afforded to Personal Data by contracted Third-Parties throughout the defined term during which a Third Party is contracted. Third Parties are not permitted to use Personal Data except for the purpose of providing contracted services. Ontra is liable for appropriate onward transfers of Personal Data to third parties.

We disclose your Personal Data to the following categories of service providers and other parties:

• Service providers, including:
  • Payment processors.
  • Ad networks.
  • Marketing service providers.
  • Security and fraud prevention consultants.
  • Hosting and other technology and communications providers.
  • Analytics providers.
  • Staff augmentation and contract personnel.
• Our Affiliates.
• Parties who acquire your Personal Data through an acquisition or other change of control.
  • Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part).
• Other parties at your direction.
• Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services).
  • Social media services (if you intentionally interact with them through your use of the Services).
  • Third-party business partners who you access through the Services.
  • Other parties authorized by you.

Sales of Personal Data

We have not sold your Personal Data over the last 12 months.

You should be aware that some Third Parties with whom we share your Personal Data may be located outside your country or the country from which your Personal Data is obtained and may be located outside the European Economic Area (“EEA”).

Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it, by ensuring at least one of the following safeguards is implemented:

(i) the transfer of your Personal Data is to a country that has been deemed to provide an adequate level of protection for Personal Data by the European Commission (“EC”);

(ii)  where we use certain service providers, we may use specific contracts approved by the EC which give Personal Data the same protection it has in Europe; or

(iii) where we use providers based in the United States, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between Europe and the US (for more information, please see above).

Please contact us at [email protected] if you want further information on the specific mechanism used by us when transferring your Personal Data outside of the EEA.

Links

Ontra’s websites contain links to other sites. Clicking on those links or enabling those connections may allow Third Parties to collect or share data about you. Please be aware that we do not control these sites and are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy policies of any other site they visit. This Privacy Policy applies solely to information collected by Ontra.

Cookies

Ontra uses “cookies” on its sites. A cookie is a piece of data stored on a site visitor’s system that helps us improve your access to our site and identify repeat visitors to our site.

We use cookies to distinguish you from other visitors and track our IP address and usage of our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site.

You can disable or remove all or some of the cookies at any time by using your browser options. However, if you disable or refuse cookies, please note that some parts of our site may not function properly or may become inaccessible.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

If at any moment you wish to revoke your permission of us using cookies, you have to remove your cookies through your browser settings. If you wish to understand more about cookies, removing or blocking cookies you may find the following website helpful: https://www.aboutcookies.org/page/2/.

Responsibilities and Management

Ontra will maintain, monitor, test, and improve information security policies, practices, and systems to protect Personal Data that it collects. Ontra Team Members and contractors will receive role-specific training to effectively implement this Privacy Policy.

Security

o prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Data, we utilize industry standard physical, technical, and administrative controls to safeguard the Personal Data we collect and process.

We follow generally accepted industry standards to protect access, storage, and transmission of Personal Data submitted to or acquired by us to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. You should also help protect your data by appropriately selecting and protecting your password and/or another sign-on mechanism; limiting access to your computer or device and browser, and signing off after you have finished accessing your account.

Ontra’s Security Policies define acceptable use, protocols for access & authorization, and appropriate safeguards around Personal Data throughout the information’s life cycle (i.e. collection/acquisition through destruction).

Ontra Team Members and contractors may access and use Personal Data only if they are authorized to do so and only for the purposes for which they are authorized.

We have put in place procedures to deal with any suspected breach of your Personal Data and will notify you and any applicable regulator of a breach where we are legally required to do so. Ontra encourages users who become aware of a security vulnerability in Ontra products to contact Ontra with details of the vulnerability.  Ontra has established an email address that should be used for reporting a vulnerability.  Please send descriptions of any vulnerabilities found to [email protected]

We will only retain your Personal Data for as long as reasonably necessary to provide our services or to fulfill 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 if we reasonably believe there is a prospect of litigation in respect to our relationship with you. Afterward, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

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 unauthorized 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.

This website is not intended for children under 18 years of age and we do not knowingly collect data relating to children. If you are a child under 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us with Personal Data, please contact us at [email protected]

California Resident Rights

If you are a California resident, you have the rights outlined in this section as defined in the California Consumer Protection Act (the “CCPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected]

(i) Access. You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. We will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of the third-party recipients.

(ii) Deletion. You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

(iii) Exercising Your Rights. To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request. We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request by emailing us at [email protected]

(iv) We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you with a lower quality of goods and services if you exercise your rights under the CCPA. However, we may have different tiers of Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell your Personal Data. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data (as sales are defined in Nevada Revised Statutes Chapter 603A).

EU Resident Rights

Section 3 – the “Personal Data Collection” section above, details the Personal Data that we collect from you. Section 5 — the “Personal Data Use” section above explains how we use your Personal Data. Ontra will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

(i) where we need to perform the contract we are about to enter into or have entered into with you;

(ii)  where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; or

(iii) where we need to comply with legal or regulatory obligations.

If you are an EU Data Subject, you have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected] Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.  You, as a Data Subject, have the right to:

(i) Access. You can request more information about the Personal Data we hold about you. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it;

(ii) Rectification. If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;

(iii) Erasure. You can request that we erase some or all of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us to continue to process 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 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;

(iv) Objection. You can contact us to object to the processing of your Personal Data 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 data which override your rights and freedoms;

(v) Restriction of Processing. You can request a restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;

(vi) Portability. You can contact us to request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, 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, and

(vii) Withdrawal of Consent. You can withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

(viii) Right to File Complaint. You have the right to lodge a complaint about Ontra’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

To exercise any of the rights listed above, please contact us at [email protected]

Any updates to your Personal Data will not have an effect on Personal Data that we may have provided to Third Parties in accordance with this Privacy Policy before such an update.

To protect your privacy and security, we will take reasonable steps to verify your identity, before granting access to your Personal Data. For example, we may need to request specific information from you in order to verify your identity. 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.

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive or if additional copies of your Personal Data are requested. Alternatively, we may limit access to your Personal Data or refuse to comply with your request in these circumstances.

Ontra will endeavor to respond to all legitimate requests of individuals to exercise their rights in relation to their Personal Data within 30 days of the original request or as otherwise required by law. Occasionally it could take us longer than 30 days 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.

Ontra will record 1) legally binding requests for disclosure of Personal Data by law enforcement authorities unless prohibited by law or regulation as well as 2) requests received from Data Subjects.

In the context of employment relationships, Ontra will accommodate employee privacy preferences, to the extent, this is permitted in accordance with applicable legal, regulatory, tax, accounting, or other requirements.

You may have the option to select binding arbitration under the Privacy Shield Panel for the resolution of your complaint under certain circumstances. For further information, please see the Privacy Shield website.

This Privacy Policy may be amended from time to time, consistent with 1) EU-US Privacy Shield Principles and 2) other data protection and privacy laws/principles applicable in the regulatory jurisdictions in which Ontra conducts business. Updates to this Privacy Policy will be posted on our site and will be effective upon posting.

Ontra Team Members and contractors will be notified of changes to this Privacy Policy through email and through other internal communication mediums.

We will notify Candidates, Team Members, and Customers if we make changes that materially affect the manner in which we handle Personal Data previously collected. In such cases, we will allow those impacted to choose whether their Personal Data may be used in the proposed materially different manner.

If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. The use of the information we collect is subject to the Privacy Policy in effect at the time such information is collected.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us. To do so, please contact us at [email protected]

Enforcement, Dispute Resolution, and Complaints

Ontra regularly reviews its compliance with this Privacy Policy.

Ontra commits to cooperate with EU (which reference includes, for clarity, the United Kingdom) data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

Ontra commits to cooperate with the Swiss Federal Data Protection and Information Commissioner (SFDPIC) and comply with the advice given with regard to human resources data transferred from Switzerland in the context of the employment relationships under the Swiss-US Privacy Shield.

Further, Ontra commits to cooperate with EU and Swiss data protection authorities (DPAs) and comply with the direction given by such authorities with regard to other information transferred from these countries/jurisdictions.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Ontra commits to resolve complaints about 1) your privacy and 2) our collection or use of your Personal Data. EU or Swiss individuals with 1) inquiries or complaints regarding our Privacy Shield policy or 2) questions or concerns about the use of their Personal Data should first contact Ontra at [email protected]

Ontra has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider headquartered in both the European Union and the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint at https://www.jamsadr.com/eu-us-privacy-shield.

The services of JAMS are provided at no cost to you.

If you are unhappy about the way we have handled your complaint and/or you would like to take the matter further, you have the right to lodge a complaint with a supervisory authority in the EU member state of your habitual residence or place of work, or in the place of the alleged infringement. The relevant supervisory authority in the UK is the Information Commissioner’s Office (ICO) (www.ico.org.uk). We would, however, appreciate the chance to deal with any concerns before you approach the supervisory authority, so please contact Ontra ([email protected]) in the first instance.

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use, please do not hesitate to contact us at [email protected]

“Data Subject” means an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of that natural person.

“Employee” or “Team Member” means an employee (whether temporary, permanent, part-time, or contract), former employee, or independent contractor of Ontra, who is also a resident of United States, Switzerland, or a country within the European Economic Area.

“Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.

“Third Party” means any individual or entity that is neither Ontra nor an Ontra employee, agent, contractor, legal advisor, or representative.