UTrakk Privacy Notice

PROACTION Privacy Policy relatingto the use of the UTrakk_DMes Application)


Version 1.1

Date of publishing: February 02, 2021

Status: In force


(The « Privacy Policy »)

This Proaction Privacy Policy (the"policy") applies to the UTrakk Digital management ecoSystem softwaresolution (the "UTrakk_DMeS Application") operated by the ProactionGroup entities ("we", "us", "Proaction") and is intendedto govern the manner in which Proaction handles personal data withrespect to the users of the UTrakk_DMeS Application (the "Users","you") in connection with such use.


Capitalized terms in this policythat are not expressly defined herein have the meaning attributed to them inthe Corporate Terms of Use, the Confidentiality and Data Protection Agreement,the User Terms of Use or the UTrakk Community Terms of Use, which are availableon the UTrakk DMeS Website at www.UTrakk.com.


We follow the strict privacy rules set out inthe General Data Protection Regulations (GDPR).

·      Basisfor the processing of Personal Data

·       Personal datacollected

·       Use of Personal Data

·       Storage of PersonalData

·       Disclosure of Personal Data

·      Yourrights and remediesregarding your Personal Data


This policy appliesto situations where Proactioncontrols the processing of PersonalData and situations where Proaction acts on behalf of anothercontroller in the processing of Personal Data, most often a user’s employer.

For the purposes of this policy,if you reside in the EuropeanUnion, Proaction's contactinformation is as follows:

Privacy Officer Proaction EuropeSAS, 10 Place Vendôme

75001 PARIS, France




If you live outsidethe European Union,Proaction's contact information is as follows:

Privacy Officer Proaction Groupe conseilInc. 257 Sherbrooke Street East

Montreal, Quebec H2X 1E3, Canada privacy@utrakk.com




"User" means a naturalperson who uses the UTrakk_DMeS Application;

"PersonalData" means personal information as defined by applicable legislation inCanada and personal data as defined by applicable legislation in the EuropeanUnion.

"UserData" means all information that users voluntarilysubmit to us through the UTrakk_DMeS Application interface, including but not limited to their PersonalData.


Personal Data


Basis for the processing of Personal Data

We must collect and process PersonalData about you in order to enable users to use the UTrakk_DMeS Application andthe services offered through it. The processing is primarily based onthe following principles:

§  We need to processsome Personal Data to be able to provide services to you and to enable you touse the UTrakk_DMeS Application.

§  We process PersonalData as a subcontractor pursuant to instructions received from our customers.In most cases, our client is your employer, which in most cases will be in abetter position than we are to answer your questions about your Personal Dataprocessed through the UTrakk_DMeS Application.

§  We may process certainPersonal Data becauseyou gave specificconsent to the processing. Most of the time, we act as a processor for our clients, whoindicate that they have obtained your consent. You may nevertheless contact usto withdraw your consent in certain limited circumstances.

§  Weprocess certain Personal Data of our users located in the European Union whenit is necessary to meet our legitimateinterests and thoseofour customers, when the processing doesnot violate the fundamental rightsof users.


Personal data collected

We collect and store all data described below in accordance with this policy. Data collected from the user

Wecollect information that users voluntarily submit to us, throughthe UTrakk_DMeS Application interface (e.g., by filling out

a form) or otherwise. This information may include:



Categories of Personal Data


Purpose of use


§  Last name, first  name


§  Title or function


§  Employee number


§  Email address


This data allows us to identify you and communicate with you about  your use of the UTrakk_DMeS Application.


If you choose to use your name and/or title when using the UTrakk  Community, this information allows you to identify yourself when interacting  with the UTrakk Community. You may choose to use a pseudonym on the virtual community to hide  your identity from  other users of the  UTrakk Community. However, all your interactions on the UTrakk Community will remain associated with your user  account and accessible by  your employer.


The documents or data you upload to the  UTrakk_DMeS Application.


This data is associated with  you to allow you to use the UTrakk_DMeS Application.


Any information you send us through the UTrakk_DMeS  Application, by email or by phone;


This data is associated with  you and is used to better understand your use of the UTrakk_DMeS Application and to answer  your questions, if any.


Data collected from your employer

Wecollect information aboutyou from other users of theUTrakk_DMeS Application or from your employer.



Categories of Personal Data


Purpose of use


Identification information


This data allows us to identify you and communicate with you about  your use of the UTrakk_DMeS Application.


Information related to your employee file, tasks and  responsibilities.


This data allows  your employer to use the UTrakk_DMeS Application for the purposes determined  by your employer.


We use this data on an aggregated basis, which does not allow us to  identify the individuals concerned, in order to perform analyses on the  effectiveness of the UTrakk_DMeS Application.



Automatically collected data

We collectcertain information automatically during your use of the UTrakk_DMeSApplication. This information is recorded each time you interact with theUTrakk_DMeS Application. The data collected includes certain informationspecific to your computer and data about your interaction with the UTrakk_DMeSApplication, including the following:



Categories of Personal Data


Purpose of use


§  The IP address  of your computer;


§  The configuration  of your browser and operating system;


§  The configuration  of your mobile device, when you access the UTrakk_DMeS Application from a  mobile device;


§  The pages  visited, the products viewed, the path taken on the UTrakk_DMeS Application;


This data is collected automatically and is used to customize your experience on the  UTrakk_DMeS Application, for example  by providing you with  an interface in the language of your system, or by highlighting your most frequently used  sections.


We use this data on an aggregated basis, which does not allow us to  identify the concerned individuals, in order to perform analyses to determine  how users use the UTrakk_DMeS Application's functionalities and to improve  them.


Geographic location and location data;


We collect location data only if you have  authorized the UTrakk_DMeS Application to access the  location data of your mobile device.


We use general  location data obtained from your IP address to customize your experience on the  UTrakk_DMeS Application.


General user location data is analyzed in an aggregated form that does not allow monitoring of any  individual user.



Information related to cookies

We use browser cookies and othertracking technologies to improve the performance of the UTrakk_DMeS Applicationand your experience. Cookies are small files stored on your storing space bythe servers where the UTrakk_DMeS Application is located that allow us torecognize you when you use the UTrakk_DMeS Application and to customize thecontent of the UTrakk_DMeS Application. Some cookies are automatically deletedwhen you close your browser (session cookies) and some are storedindefinitely (permanent cookies). If you do not wish to have cookiesstored on your computer, you must disablethe

storage of cookiesfrom your browser.Certain features of the UTrakk_DMeS Application may be disabled or modified if cookiestorage is disabled.


Use of Personal Data

We use the Personal Data collected for the purposesset forth in thepreceding table. Our roleas a subcontractor

Weprocess Personal Data in accordance with the instructions of our customersfor the purposes theydetermine. To find out

more about our processing of yourPersonal Data on behalfof your employer, you should contact your employer. LegitimateInterests

Weprocess Personal Data collected throughthe UTrakk_DMeS Application to serve our legitimate interests and thoseof our

customers, including collectingstatistics, performing analysis and improving the UTrakk_DMeS Application andpreventing fraud by analyzing user behavior.

Wetake the privacyof our users seriously, which is why, except in response to specificinstructions from our customerswhen we act as a subcontractor, theprocessing of Personal Data based onlegitimate interests never involves targeted surveillance or disclosure ofspecific Personal Data about an identifiable individual to third parties.


Storage of Personal Data

We retain thePersonal Data collected until you or our customerdirect us to delete it or until our business no longerrequires us to retain it. However, we make no commitment to retain the PersonalData collected for a specific period of time.

The PersonalInformation collected is stored electronically on our servers located in Canadain the provinces of Quebec and Ontario.

Personal Dataassociated with the UTrakk Community is stored electronically by our serviceprovider, inSided Inc. on servers located in Ireland.

Personal Data collected about individuals outsideof Canada is transferred to Canada. To the best of our knowledge, Canada is recognizedas an appropriate jurisdiction for the transfer of Personal Data from theEuropean Union.

The Personal Data collectedis subject to security provisions set forth in the Proaction Confidentiality and Data ProtectionAgreement.


Disclosure of Personal Data

Weonly share your Personal Data in the mannerdescribed in this policy and when we have yourconsent, which may in some cases be obtained by our customers. Your Personal Data may be disclosed to the categories of recipients and for the purposesset out below.

Your Employer

Your employer has accessto the Personal Data that is recordedby the UTrakk_DMeS Application. PersonalData may be sharedwithin your organization as determined by your employerand super-users, if applicable. The UTrakk_DMeS Application allowsyou to export data that may include Personal Data over which we have nocontrol.

Ourofficers and employees

ThePersonal Data collected is only accessible to our officers and employeeswho need to access the samefor the purposes of this policy.

Service Providers

Weshare Personal Data with serviceproviders that enableus to provide our servicesmore efficiently. Thesesuppliers are listed on our Authorized SubcontractorsList, available on the UTrakk DMeS Website at www.UTrakk.com. These suppliers agree in writing to maintain the confidentiality of Personal Data and not to use it for any purposeother than to provide us with services. Personal Data that is under thecontrol of our customers is not communicated to service providers without thecustomer's consent.

Virtual Community

Ifyou take part in the UTrakk Community and decide to associate your name and/ororganization’s name with your profile on the UTrakk Community, this information will be availableto community membersand associated with the CommunityContent you post there.You have the option to use a pseudonym on theUTrakk Community, but your employerwill still have access to your interactions on the UTrakkCommunity.

Legal Obligations

We may also disclose Personal Datacollected to third parties where expressly permitted or required by law, or ifwe are compelled to do so by a competent authority. We may disclose PersonalData in connection with legal proceedings if necessary toprotect our rights or those of our users.

Transfer of Business

Inthe event that the saleor restructuring of all or partof our business iscontemplated, we may disclose Personal Data to the personsor organizations involvedbefore and after the transaction, whether or not the transaction is completed. In such a case,these persons or organizations will commit to preserve the confidentiality of the Personal Data collected and to usethe same exclusively in order to evaluate the feasibility of the transaction orin accordance with this policy.


Your Rights


Since most of the time we processyour Personal Data on behalf of your employer, in most cases you should contactthat employerto exercise your rights.

Access your data

Youmay have accessto some Personal Data you provided us by accessing your account throughthe UTrakk_DMeS Application.

Youmay contact us at privacy@utrakk.com or at our mailing addresslisted at the beginning of this policy torequest access to Personal Data we hold about you or to requesta modification to your PersonalData that is inaccurate. To modify some PersonalData stored using the UTrakk_DMeS Application, you will need to contact youremployer.

We will respond to your requestpromptly (no later than 30 days after receipt), allowing you to access yourPersonal Data in our records whererequired. Where requiredby law, we will provideyou with your data in a machine-readable portable format.

Withdrawal of Consent

Youmay withdraw your consent to thecollection of certaindata.

Ifyou wish to withdraw your consentto the processing of yourPersonal Data beyond what is permitted by the UTrakk_DMeS Applicationor your mobiledevice, please notify us in writing at vieprivee@utrakk.com. It is not possible to stop all processingof your Personal Data and continueusing the UTrakk_DMeS Application. Theonly way to stop all processing of yourPersonal Data by Proaction is to stop using the UTrakk_DMeS Application.

The processing of Personal Databased on consent obtained by your employer may not be subject to withdrawal ofconsent. You must contact your employer.


In certain circumstances, you havethe right to object to the processing of your Personal Data that we carry outto meet legitimate interests. Your rights in this respect depend, among otherthings, on your place of residence. To oppose to the processing of your PersonalData, you may notify us in writing at privacy@utrakk.com.


You may request the erasure of thePersonal Data we hold about you. To make such a request, please notify us inwriting at privacy@utrakk.com. We will respond to your request promptly (nolater than 30 days after receipt). To request the erasure of Personal Data thatis processed at your employer’s request, you should contact the individual whois responsible for the processing of such data for your employer.

If you continue to use theUTrakk_DMeS Application after Personal Data has been erased, we will resume ourcollection of Personal Data.


Ifyou reside in the EuropeanUnion, you have the rightto file a complaint regardingthe processing of your Personal Data with asupervisory authority responsible for the protection of privacy. This authorityvaries depending on your jurisdiction of residence.

If you reside outside the EuropeanUnion, this policy is governed by the laws and regulations applicable in Canadaand the Canadian authorities areexclusively competent to receive any complaint or claimbased on this policy or on the processing of your Personal Data by Proaction.


We reserve the right to verify the identity of persons requesting toaccess their Personal Data. Any information collected to carry out thisverification will not be used for any other purpose.


Policy Change


We may amend this policy from timeto time to reflect changes in ourPersonal Data management practices.When a change is made, the new policy will be available through the UTrakk_DMeSApplication and on our website at the following address: www.utrakk.com.

We will notifyyou of any material changes to our Privacy policy by email or throughthe UTrakk_DMeS Application before the new policy takeseffect. Any notice may be sent to the email address you provided.


Additional Information


For additional information about howwe process Personal Data, you may contact us at the contact information providedat the beginning of this policy.

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