3. COLLECTION OF PERSONAL INFORMATION
3.1. Basic Account Information
In order to use the App, End Users must submit their email address through the App. Only email addresses which match those provided by Employers will enable the use of the App. When you register for the App or create an End User account, Orchard may collect your name, email address, business phone number and business address (“Account Information”). This information is entered directly by you into the App. Account Information also includes the contents of any correspondence between us, such as when you contact us by email, by telephone or through the App.
3.2. Information collected through the App
When you install or subsequently activate the App on your mobile device, we use automatic data collection technologies (which may prompt you to take certain actions) to collect limited diagnostic and technical information about your device (“Diagnostic Information”). We set out below the only information we collect regarding the devices and your usage of the App:
· Cellular network connectivity
· Earphone jack (on applicable devices)
· Speakerphone speaker
· Fingerprint sensor (on applicable devices)
· Rear camera
· GPS (your location is not collected, merely the fact that you have an identifiable location at the time of the diagnostic)
· Wi-Fi connectivity
· Home button
· Silent switch
· Power button (on applicable devices)
· Primary microphone
· Whether the screen is cracked
· Touchscreen sensitivity
· Volume up/down buttons
· Touchscreen sensitivity
· Battery health (when available)
· Smartphone model
· Available quantity of memory
· Used quantity of memory
· ‘Mirror selfie’ of the phone (i.e. a photo taken by you of the phone’s screen using a mirror and the front camera to confirm that your phone's screen is not cracked)
· Autolock usage (may be user-reported)
· Operating System-level lock (may be user-reported)
· Fingerprint sensor enabled
· Cloud backup (may be user-reported)
· IMEI (user-reported)
· Operating System version
· Usage of Password Manager (on applicable devices)
· Orchard Protection Application version
· Jailbreak status
· Your response to the Data Security Agreement
· Whether or not your phone is set up to automatically update apps
· How you access and use the App
3.3. Information collected for warranty purposes
Orchard may provide additional warranty services in certain jurisdictions in respect of certain devices. In this regard, Orchard may request that you provide the following additional information (“Warranty Information”):
· Mailing address
· Reported issue with the device
· Location (to match with local repair partners)
· Your feedback on our repair partner
4. INFORMATIONNOT COLLECTED
Orchard only collects the minimum amount of personal information that it reasonably requires for the purpose of providing the diagnostic and warranty services. Orchard values and respect your privacy, and it confirms that it does NOTcollect any other information from your device. In particular, Orchard does not collect any of the following from your device:
· Photos (other than the ‘mirror selfie’ taken during the diagnostic)
· Text messages
· Chat history
· Call history
· Browser history
· Fingerprint data
5. USE OF YOUR PERSONAL INFORMATION
5.1. Orchard uses the Account Information, Diagnostic Information and Warranty Information to:
· authenticate access to your Account;
· link your account to the correct Employer;
· send technical notices, updates, security alerts and support and administrative messages;
· provide and deliver the App Services and features you request;
· provide customer service and support Communicate with you; and
· prevent fraudulent transactions, unauthorized access to the App Services, and other illegal activities
5.2. Orchard uses the Diagnostic Information to:
· Analyze the current condition of your device;
· Identify any security gaps, risks or concerns regarding your device;
· Communicate such information to your Employer; and
· Monitor and analyze trends, usage, and activities in connection with the App on an aggregated and anonymized basis.
5.3. Orchard uses the Warranty information and Diagnostic Information to in order to comply with Orchard’s obligations under those warranty obligations
6. STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION
Orchard processes and stores its data, including Personal Information, on servers located in Canada and the United States. Orchard also transfers Diagnostic Information to End User’s Employers.
By submitting Personal Information or otherwise using the App Services, you agree to this transfer, storing or processing of your Personal Information in Canada and the United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada and the U.S. under lawful access regimes or court order.
7. DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES
7.1. Processing of data on behalf of Employers
As a service provider to Employers, we collect, analyze and disclose Diagnostic Information on behalf of our Employers. In this role, Orchard is a data processor, processing data upon instruction from Employers. This Diagnostic Information is shared only with the relevant Employer.
7.2. Service Providers and Business Partners
We may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage includes third party companies and individuals employed by us to facilitate our services, including the provision of maintenance services, database management, Web analytics and general improvement of the App, and businesses who engage our App (to the extent provided for above).
7.3. Business Transfers
If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.
7.4. With Your Consent
7.5. As required by law
We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other End Users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any Account Information, Diagnostic Information and Warranty Information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request; enforce our contracts or user agreement, including investigation of potential violations hereof; and detect, prevent, or otherwise address fraud, security or technical issues. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.
9. ACCESS, CORRECTION AND ACCURACY
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
10. RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”)
Orchard generally processes Personal Information in order to fulfill contracts we have with our End Users and to pursue our legitimate business interests listed above. Otherwise, Orchard will obtain consent from an individual in respect of processing of Personal Information if required by law to do so.
Further, individuals located in the EEA have certain rights under European law (including under the General Data Protection Regulation) with respect to Personal Information, including the right to request access to, obtain, correct, amend, delete, or limit the use of your personal data. Individual End Users, located in to the EEA who wish to exercise these rights, should contact Orchard using the contact information below in Section 12. In certain instances Orchard may be acting as the data processor of that information on behalf of the relevant Employer and queries may have to be redirected to that Employer.
12. CONTACT DETAILS
Orchard Labs Inc.
814 Mission St, 6th Floor
San Francisco, CA