Privacy statement for participants

 

1. General

1.1 The Client is responsible for processing personal data of the Users. By using the TrainTool Domain for online training and testing as a Participant, and/or supporting an online training and testing or supervision thereof as a Coach or Administrator on behalf of the Client, personal data is processed. This Privacy Statement describes how this happens.

1.2 By agreeing to this Privacy Statement - and thus the conditions for data processing - the User gives explicit consent for this data processing. If the User does not agree with this Privacy Statement, he or she is requested not to use the Domain and to report this to the Client.

2. Definitions

2.1 Client: the organization that has entered into a commercial agreement with TrainTool B.V. has been entered into for the purpose of using TrainTool for its users.

2.2 Domain: the domain made available by TrainTool to the Client for online training and testing. This domain can be recognized by its URL (domain.traintool.com) and its design. All data of Users and their training can (only) be consulted within this domain.

2.3 User: a user is linked to the Domain and logs in with a unique combination of e-mail address and password within that Domain. A user has at least 1 and a maximum of all the following roles or profiles: Participant, Coach, Administrator.

2.4 Administrator: an administrator is the person who has all rights within the Domain

• (i) create, edit or delete programs,
• (ii) create, edit or delete other Users (in any role) and
• (iii) compile and view reports about Users within the Domain.

Within the role of Administrator, a distinction can still be made between Account Admin and Program Admin, but this has no consequences for the privacy provisions in this regard.

2.5 Coach: a Coach is the person assigned by the Administrator to 1 or more Participants. Depending on how the Administrator sets it up, the Coach can and may watch (observe), provide feedback and assess a training and/or test of the relevant Participant(s).

2.6 Participant: the person who is registered within the Domain by or on behalf of the Client for an online training, Skills Coaching or test and is allowed to use the Domain for this.

2.7 Peer: a person designated by a Participant to provide him or her with feedback via TrainTool. Only other Participants in TrainTool can be added as Peers.

2.8 Privacy Statement: this privacy statement.

3. Processing of (personal) data

3.1 Through the intervention of TrainTool, the Client collects personal data of the User that the User in question has provided via the Domain in the context of an online training, Skills Coaching and testing as a Participant, and/or support of an online training and testing or supervision thereof as a Coach or Administrator. . Collection takes place, for example, if:

3.1.1 Administrator creates an account for the User, which is only permitted to the Administrator on behalf of the Client, and authorizes the User in question to access the Domain as a Participant, Coach and/or Administrator.

3.1.2 User registers for and/or participates in an online training, Skills Coaching and/or assessment.

3.1.3 The participant shares camera images (via webcam or mobile camera) or audio recordings of a completed and saved online training and/or assessment with his/her Coach or Peer(s).

3.1.4 Participant requests and/or receives feedback from his/her Coach or Peer(s).

3.1.5 Participant requests and/or receives an assessment from his/her Coach.

3.1.6 Participant provides feedback to another Participant who has invited him/her as a Peer.

3.1.7 User requests TrainTool support when using the Domain.

3.1.8 Administrator of the Domain requests reporting on participation, progress and performance in an online training, Skills Coaching and testing by the Participant.

3.2 The personal data provided that are processed by TrainTool on behalf of the Client (and provided by you or about yourself by the Client's Administrator or other Users) are:

3.2.1 data that is required to be provided in order for a User to use the Domain for online training, Skills Coaching and/or testing, being:

1. first name and last name,
2. email address,
3. personal password,
4. name of training(s), associated reporting group, Coach and Administrator,
5. camera images or sound recordings (of a training followed and saved by the Participant),
6. information about participation in, progress and performance in an online training and assessment such as (i) answers provided to training questions, (ii) time spent, (iii) extent and method of feedback to group members, as well as (iv) feedback from, and assessment by, the Coach.
7. only for Skills Coaching users: telephone number.

3.2.2 data of which provision is optional in order for the User to use the Domain for online training, Skills Coaching and testing by actively providing this within their own online profile, being:

1. phone number and
2. Photo.

3.3 The personal data provided are processed by TrainTool on behalf of the Client exclusively for the performance of its services on behalf of the Client, i.e. developing, facilitating, maintaining and optimizing an online training and testing platform for the Participant's skills, as well as supporting the Participant's use thereof. . More specifically, there is a focus on the practice of (soft) skills by the Participant with feedback from Coach and Peers as well as providing insight (anonymized or otherwise) into the level of the Participant in question (at individual, group and/or company level). or anonymized for business sector) via reports.

4. Minors

4.1 The Domain is not designed for use by minors (i.e. persons under the age of 16). In any case, minors may only register as a User with the permission of their parents or guardian. In that case, the parent or guardian can always adjust or delete the data provided to the Client via the Domain.

5. Sharing by Participants

5.1 When participating in an online training and assessment within the Domain, the Participant can determine whether he/she wants to keep the (interim) results of an online training and assessment (such as the camera images of an online training and assessment followed and saved by the Participant, as well as the answers to other questions or assignments) available to his/her Peers, Coach, or Administrator or TrainTool for technical support. This information provided can then be viewed by those third parties. Anyone who chooses to share certain information should realize that that information can then be used further by the third party(s) in an unknown manner. This is outside the responsibility of TrainTool.

5.2 The Participant has access to the results of an online training and assessment of other Participants provided to him/her if another Participant has actively shared this for feedback. The Participant will not use these results and other related information or personal data further than strictly necessary for providing feedback within the Domain. Other use inside or outside the Domain is not permitted.

6. Other transfers to third parties

6.1 The Client has engaged TrainTool as a processor for the processing purposes listed in this Privacy Statement under 3.3, with whom the Client has entered into an agreement that ensures that TrainTool offers sufficient guarantees with regard to technical and organizational security measures with regard to the processing to be carried out.

6.2 TrainTool uses cloud computing to provide its services to the Client, whereby it engages (sub)processors with whom it has entered into an agreement for the storage or processing of Users' personal data. That agreement also provides sufficient guarantees for technical and organizational security measures relating to this processing.

6.3 For the rest, neither the Client nor TrainTool will provide the personal data of Users to third parties, without the User's permission to do so, unless this is necessary for the performance of TrainTool's services, such as provision to an external Coach, on the basis of a legal regulation or in an emergency, insofar as this is in the interests of the User in the reasonable opinion of the Client.

7. Security

7.1 TrainTool has taken appropriate technical and organizational measures on behalf of the Client to protect the collected and processed personal data of Users against loss or unlawful processing. TrainTool has been certified in the field of ISO27001 (Information Security) since 2016.

Although TrainTool has taken and will take appropriate security measures on behalf of the Client, the processing of personal data via the internet involves risks that are unfortunately inherent to internet use in society.

8. Retention Period and Location

8.1 TrainTool does not store personal data of Users within the Domain for longer than is necessary for the performance of its services. The User's personal data will be deleted after TrainTool has been instructed to do so by the Client or the User himself. A user is also automatically deleted 45 days after his/her license expires. The data will then remain in the backups for a limited time.

8.2 TrainTool stores personal data of Users within the Domain in the Netherlands. For more information about this, see our processor statement. TrainTool takes all reasonable measures to ensure that personal data is stored securely and processed within the framework of the GDPR.

9. User Rights (GDPR)

9.1 The User has the right, within the framework of the General Data Protection Regulation (GDPR), to view his/her collected personal data (GDPR Article 15) and, if necessary, to adjust or supplement it (GDPR Article 16). ) to delete (GDPR Article 17) and/or request it for further use (GDPR Article 20).

9.2 The User also has the right to object to the processing of his/her personal data for justified reasons (GDPR article 21) or to request that this processing be limited (GDPR article 18).

9.3 The User has the right not to be bound by decisions that are based solely on automated processing by TrainTool (GDPR article 22). Where TrainTool automatically processes data, this is only to serve the processing purposes listed under 3.3.

9.4 The Client is responsible for guaranteeing these rights and TrainTool will provide its full cooperation in this regard insofar as this does not conflict with its obligations arising from the law and/or the agreement with the Client.

9.5 To exercise these rights, you can contact the contact person mentioned in Article 13.

10. Cookies

10.1 TrainTool uses so-called 'cookies' for the performance of its services for the Client. Cookies are small text files that a computer stores when the Domain is visited. In some cases, the cookie remembers what the User enters in the Domain for a subsequent visit (such as the chosen language) so that the content of the Domain can be tailored to the User in question and it is not necessary to enter personal data again. (First party cookies)

10.2 TrainTool also uses online services from third parties such as, but not limited to, Google Analytics and Hubspot for the performance of its services for the Client. These services also use cookies (Third party cookies) for this purpose.

10.3 User has the right to accept or refuse the use of cookies. You will be asked about this during your first visit. The user can also set the browser in such a way that no cookies are accepted. This means that all applications remain usable, although some functionalities may work less well or less user-friendly. To do this, view the Help menu in your browser.

10.4 TrainTool B.V. pays a lot of attention to the selection of these third parties and only uses parties that offer an appropriate level of protection for the processing of personal data. These services may provide this information to third parties if they are legally obliged to do so, or insofar as these third parties process the information on their behalf.

11. Links to Third Party Websites

11.1 The Client's Administrator may have included links to third-party websites that TrainTool has no insight into. When Users visit these websites, the privacy statements of these third parties apply. TrainTool (and the Client) is not responsible for the way in which personal data of Users may be handled via these websites.

12. Changes

12.1 Client and TrainTool reserve the right to change this Privacy Statement. Therefore, Users are advised to check this Privacy Statement regularly. Continued use of the Domain means that Users agree to the amended Privacy Statement of the Client.

13. Contact

13.1 To exercise your rights mentioned under Article 9 of this privacy statement, you can contact the Client. For other aspects of this privacy statement, please contact TrainTool B.V.