GDPR

This Privacy Policy applies to the handling of Personal Data of independent individual users, referred to as “User” or “you,” who use EmpMonitor Service and visitors to EmpMonitor’s website. It also covers the processing of Personal Data by EmpMonitor on behalf of entities such as companies, organizations, institutions, and groups that track their employees’ or other individuals’ time within their EmpMonitor account group, known as “Client,” within the Service.

The terms “Personal Data,” “Data Subject,” “Processing,” “Controller,” “Processor,” and “Supervisory Authority” used in this Privacy Policy have the same meanings as given in the GDPR.

EmpMonitor is the Data Controller and establishes the purpose and means of processing the following data: Personal Data of Users who are EmpMonitor’s clients and who directly provide their Personal Data to EmpMonitor, including freelancers and other company officials who register for EmpMonitor; and Personal Data of individuals who subscribe to receive commercial communication and other news and updates from EmpMonitor but are not registered users of EmpMonitor Service.

This section pertains to clients of EmpMonitor who transfer Personal Data of their end-users, such as their employees, to EmpMonitor. The client is considered the Data Controller because they determine the purpose and means of processing the Personal Data, while EmpMonitor is the Data Processor because they only access the data for the purpose of providing the Service. If you are a Data Subject, meaning an end-user of the EmpMonitor Service whose profile was created by your employer, any concerns or complaints regarding the processing of your Personal Data should be addressed to and resolved by your employer, who is the Data Controller.

The client transfers the Personal Data of their end-users to EmpMonitor when they create accounts for them in their group, which allows EmpMonitor to process the Personal Data in order to provide the Service. This Privacy Policy contains complete and final instructions from the client to EmpMonitor regarding the processing of end-users’ Personal Data, and constitutes a binding data processing agreement. EmpMonitor will always process the Personal Data on behalf of the client, following their instructions and complying with applicable data protection laws and regulations.

The client confirms that they have acquired all necessary consents or have another appropriate legal basis for the processing of end-users’ Personal Data, and that the end-users have been informed of the transfer of their Personal Data to EmpMonitor and other third parties used by EmpMonitor for the provision of Service.

EmpMonitor will process the aforementioned data for as long as they provide the Service to the client and the client has an active EmpMonitor account. When an end-user’s account is deleted by the client, EmpMonitor may still process the data of deleted accounts for statistical and analytical purposes of the client, but such data can be deleted at any time upon the client’s request. After terminating their contractual relationship, EmpMonitor may continue to store some Personal Data, but only to the extent necessary to comply with legal obligations, ensure reliable backup systems, resolve disputes, prevent fraud and abuse, enforce agreements, and pursue legitimate interests.

EmpMonitor may use sub-processors to provide the Service to the client, but will ensure that they comply with the same data protection obligations set out in this Privacy Policy and GDPR where applicable. EmpMonitor will assist the client with fulfilling their obligations as a Data Controller, such as responding to requests from end-users regarding their Personal Data and investigating Personal Data breaches. Unless required by applicable law, EmpMonitor has no obligation to store the client’s data after termination of the agreement and will delete or return all Personal Data at the client’s choice.

The Controller, EmpMonitor, will process your Personal Data to provide you with the Service, improve the Service, address any Service-related issues, and ensure that you receive the best customer experience possible.

EmpMonitor collects and processes your Personal Data for various purposes, including registering you for the Service, sending you invoices, personalizing your account settings, analyzing your performance, communicating with you about the Service, improving the Service, measuring and analyzing usage data, delivering personalized ads and promotions, and protecting the legal interests of EmpMonitor, its Clients, Users, and other third parties.

EmpMonitor will ask for your consent before using your information for any purpose not covered in this Privacy Policy.

EmpMonitor collects and processes Personal Data based on various legal bases, such as the contractual relationship between you and EmpMonitor, legal obligations imposed by applicable law, legitimate interests pursued by EmpMonitor or third parties (provided such interests do not outweigh your rights and freedoms), and your consent for certain types of Personal Data. Note that EmpMonitor may process the same Personal Data for several purposes simultaneously and on more than one legal basis.

EmpMonitor collects, generates, and receives information from users in various ways when using the Service, and some of this information may include Personal Data. This includes information provided by users when creating an account, such as their full name, email address, password, payment information, phone number, social media account information (if applicable), and optional photo. Users also have the option to voluntarily disclose additional Personal Data, such as their health information when using the absence calendar function, but this is not mandatory.

Additionally, EmpMonitor allows for third-party integrations with the Service, which may involve the sharing of certain information between the third-party provider and EmpMonitor. Users should review the privacy settings of these third-party services to understand what data may be disclosed.

When configuring their EmpMonitor account, users provide information such as their location, time zone, workday start and end times, work duration, work tracking start and stop times, tracking days, hourly rate, offline and private time input options, application names to be collected, absence calendar information, colleagues’ information, and project cost calculation tool usage.

Finally, EmpMonitor records information created by users when using the Service, including IP addresses, browser type and software version, application and task names, websites visited, EmpMonitor client version, path to the application, use start and end times, break times, and screenshots of computer screens. However, keystrokes and mouse movements are recorded without the recording of the actual content typed or clicked. If a user is not the Client of the Service, this information is provided by the Client (e.g., employer).