Last updated May 2021
1. We, UBIQHR FZCO is committed to protecting your privacy. This Usage Terms and Privacy Policy enumerates how UBIQHR FZCO is bound to use and protect the information we collect including but not limited to all personal information provided to UBIQHR FZCO by the registered users or any personal information we collect from other sources.
2. As per business requirements UBIQHR FZCO is required to obtain and process personal data to ensure operational accuracy and efficiency in services. This is done in accordance with the applicable data protection and/or privacy laws of the countries in which UBIQHR FZCO operate / collect the data. This Usage Terms and Privacy Policy explains how UBIQHR FZCO collects, uses and discloses Personal Information from their software application / websites.
3. This policy applies to all Personal Information that is processed by UBIQHR FZCO, including Personal Information of client’s employees
4. We may collect Personal Information/ Personal Data (including personally identifiable information) such as your name, facial image for face recognition, geographic location, contact details, date of birth, gender, marital status, financial details, employment details and benefit coverage. We may also collect sensitive information about you such as information related to insurance plan, workers compensation insurance or employee benefit programs sponsored by your employer. You hereby expressly consent to permit us to capture and store Your facial image for enabling facial recognition to mark attendance in UBIQHR. Further You also hereby expressly consent to permit UBIQHR FZCO to store your personal sensitive information including facial image in third party storage platform as decided by UBIQHRFZCO. When you provide information that enables us to respond to your request for products or services, you consent to our collection, use and disclosure of this information to appropriate third parties for the purposes described herein. You shall consent to and provide the location access of your device to UBIQHR in order to capture the geographic location from where You have logged in for attendance purposes.Your location data shall be solely used for the purpose of marking attendance in UBIQHR. On visiting our website, certain information are automatically collected which may include the use of webserver logs to collect IP addresses, “cookies” and web beacons. Similar information may also be collected on exchange of emails. Collection of such information is intended help us in improving the effectiveness of UBIQHR FZCO websites and our marketing activities. By using UBIQHR FZCO websites, associated microsites and applications, you agree to the processing of your information as explained herein. UBIQHR FZCO websites may contain links to other sites which are outside our control and are not covered by this Usage Terms and Privacy Policy. We encourage you to review the privacy statement of each website you visit. If you access our websites on your mobile telephone or mobile device, we may also collect your unique device identifier and mobile device IP address, as well as information about your device's operating system, mobile carrier and your location information.
5. We use your Personal Information to offer and administer our services and products. Your facial image is captured and stored for enabling the facial recognition to mark your attendance through UBIQHR. You shall be required to allow access to UBIQHR to the camera of your device to enable the facial recognition. UBIQHR shall only capture Your facial image and compare to match with the facial image stored in our database for recording Your attendance. In case the database do not contain your facial image, UBIQHR permits you to upload your facial image to our database for further cross matching purpose. Your geographic location on login shall be captured solely for the purpose of marking Your attendance. Any other service providers and agents, if engaged, are contractually bound to maintain the confidentiality of Personal Information and may not use the information for any unauthorized purpose
6. By virtue of this policy UBIQHR FZCO shall ensure to:
· Comply with applicable data protection and privacy laws and follow best industry practices;
· Protect the rights of our employees, clients and their employees and our partners;
· Be transparent about how UBIQHR FZCO process and deal with Personal Information; and
· Protect ourselves from the risks of a data breach.
7. UBIQHR FZCO, as a custodian of Personal Information, have a legal and contractual duty to ensure that the data is always handled properly and securely, irrespective of whether it is held in electronic or physical form. This duty shall prevail at all stages of handling with Personal Information, namely, obtaining Personal Information, storage and security, use and disposal / destruction.
8. UBIQHR FZCO may be required to provide access to Personal Information in the due course of providing its services including to its employees and third party storage service providers and shall strictly ensure that only authorised users of information can access it. Such Personal Information provided access shall be accurate to the extend provided and suitable for the purpose for which it is being processed. Personal Information shall never be stored or transported on a laptop or any mobile or portable storage device, nor sent unencrypted through any channel (unless as provided herein in this document or as recorded exception applies).
9. In compliance with applicable laws, UBIQHR FZCO while processing Personal Information shall follow the process lawfully, fairly and transparently and for a specific reason (purpose limitation) on a limited basis (data minimization) accurately. UBIQHR FZCO shall process up-to-date data following the principle of storage limitation (for a limited period) with integrity, confidentiality and securely. These principles are internationally accepted principles of data protection, and are not intended to, nor do they, replace any existing and applicable law. In the event of any contradiction with applicable law, the provision of the law applies.
10. UBIQHR FZCO do not rent, sell or otherwise disclose Personal Information with third parties for their own marketing use except with your consent. UBIQHR FZCO may disclose Personal Information to service providers that are necessary to provide and administer our products and services. Furthermore, if required, we may disclose Personal Information to respond to government official requests, to prevent physical harm or in the event of a merger/acquisition.
11. UBIQHR FZCO may transfer certain Personal Information across geographical borders to UBIQHR FZCO entities or service providers in other countries working on our behalf in accordance with applicable law. By providing us with your information or using our websites / software, you consent to the collection, international transfer, storage, and processing of your information
12. UBIQHR FZCO takes reasonable steps as per best industries practices to keep your Personal Information accurate and complete. If you have created a profile or account with us, you can update your contact information after you log into your account. You can also contact us at the e-mail support@ubiqhr.com.
13. UBIQHR FZCO use best industries practices to secure the Personal Information when it is being collected and transmitted over the Internet as well as firewalls, site monitoring and intrusion detection software. UBIQHR FZCO ensures implementation of information security program which contains administrative, technical and physical control to safeguard Personal Information. The safeguard meets the requirements of GDPR or any stricter requirements, as imposed under the client agreement. All UBIQHR FZCO employees mandatorily follow data privacy and confidentiality obligations as required in relation to such data.
14. As a matter of precaution, you should also take all reasonable steps to protect your information. You shall follow the universally accepted good practices including and not limited to choosing a strong password, not to use same password on different sites, not to share your password with others and to sign out and close your browser. UBIQHR FZCO will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail.
15. Our websites are not directed to children and we do not knowingly collect Personal Information from children on our websites.
16. You may access your account, interact with us online and receive other information via your smartphone by using UBIQHR FZCO’s mobile applications. All Personal Information collected through mobile applications is protected by the terms of this Usage Terms and Statement of Privacy.
17. By logging in to the account on our website/ application / microsites or by installing the mobile application or logging in you agree to this Usage Terms and Statement of Privacy and permit UBIQHR FZCO to use your Personal Information for the purpose mentioned herein. Processing of sensitive Personal Information is often subject to specific requirements (e.g., obtaining express consent before processing, confidentiality agreements and/or enhanced safeguards) under applicable laws.
18. UBIQHR FZCO verifies your identity through facial image recognition and use of your user ID and password. When you enter your user ID and password and select Log On, you understand and agree this shall serve as your electronic agreement that you will not use this site or data from it for any purpose other than as intended for your role as an employee or contractor of your company. You will contact your HR Administrator or UBIQHR FZCO immediately if you have any reason to believe that someone has gained unauthorized access to your user ID and password.
19. By consenting to this Usage Terms and Statement of Privacy and /or logging in to our website / application you acknowledge that the website / application may not perform as intended at all times other than scheduled downtime mentioned in portal display and that UBIQHR FZCO is not responsible for interruption or delay in operation of or transmission through this website / application due to communication line failure from ISP provider or system failure at ISP provider which is beyond UBIQHR FZCO 's control
20. You are an employee or contractor of your company and UBIQHR FZCO is delivering this site/ application and the associated services as a third-party provider to your company. You understand that you are not an employee of UBIQHR FZCO and that UBIQHR FZCO is not providing direction or control over your employment or other work relationship with your company through your use of this site and its associated services.
21. UBIQHR FZCO reserves the right to update and amend this Usage Terms and Statement of Privacy from time to time.
22. If you have any questions relating to this Usage Terms and Statement of Privacy, please send mail to support@ubiqhr.com.
23. In addition to the aforesaid, UBIQHR FZCO addresses the processing of Personal Information in its role as a data processor in the course of delivering services, where such personal data is subject matter of General Data Protection Regulation. UBIQHR FZCO shall process such client data on behalf of the client, only in accordance with the Service Agreement (including instructions received from the client time to time), or as needed to comply with any applicable law. The Personal Information (including Special Categories of Data) processed by UBIQHR FZCO is data pertaining to client employees needed for providing services client, as required by EEA applicable law and for the following additional purposes in relation thereto:
i) Processing, storage, and other processing needed for business continuity and disaster recovery;
ii) System security and network administration;
iii) Authentication and access control
iv) Other required controls required to safeguard the security and integrity of transactions
v) As required under obligation in the client contracts to safeguard interest of client, UBIQHR FZCO and its partners
Upon severance of the statutory, contractual and/or legal obligations, the data is duly returned or destroyed in appropriate manner subject to GDPR and other applicable laws.
24. Sub-processing: Third Party sub-processors may be engaged for processing Personal Information only with prior approval of client and under a written legal contact. The contract with sub-processor shall impose similar data protection-related processing as are there in the client contract. EU model clauses shall be followed for sub-processing such Personal Information.
25. Consent: Processing of sensitive personal data is often subject to specific requirements under applicable laws (confidentiality agreement, express consent, etc..). By logging into your account on our website / software/ mobile application, you agree to this Usage Terms and Statement of Privacy and permit UBIQHR FZCO to use your Personal Information for the purpose mentioned herein.
26. Compliance: Any request by client in relation to client Personal Information is dealt timely and appropriately. Any client employee intending to amend or modify own personal information is permitted to do so to on their own directly to the extent permitted under client contract. For Personal Information which cannot be modified by client employee, client employee can route requirement through their HR Administrator.
27. If any client employees suspect that any UBIQHR FZCO employee has violated this policy, such employee may file a written complaint by writing to Compliance Officer/ Data Privacy Officer .
28. The terms and conditions regarding the subscription plans to UBIQHR software shall be as per the separate written license agreement to be executed with UBIQHR FZCO.
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