Orion Communications, Inc. (referred to herein as “Orion”, “we”, “our”, or “us”) recognizes the importance of protecting the personal information we may collect from users of our mobile application (“Users”, “you”, or “your”) in connection with the services (collectively, the “Services”) we have been contracted to provide to your employer or organization (“Organization”). This Privacy Policy provides information on the collection, use, and sharing (collectively referred to “processing” or “process”) of personal information by Orion in connection with your use of the Orion application on your mobile device (the “Application”) in connection with the Services. 

Please note that Orion is acting as a service provided for your Organization and does not collect or use information collected through the Application for its own purposes. Your Organization is responsible for its own privacy practices and for providing notice and obtaining consent for its collection and use of employee data, including the data you enter into the Application on behalf of your Organization which is considered your Organization’s data and is stored and used by Orion to provide the Services to your Organization pursuant to the terms of the business service agreement between Orion and your Organization. In addition to the information collected by your Organization, this Privacy Policy does not apply to the activities described in Section 1 below.

 

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; (5) the choices we offer, including how to access and update information; and (6) the measures we take to keep your information safe. Specifically, our Privacy Policy covers the following topics:

 

Section 1 - When This Privacy Policy Applies

Section 2 - Information We Collect

• Types of Information Collected Related to California Residents

Section 3 - How We Use Information We Collect

Section 4 - Our Legal Basis for Collecting Personal Information

Section 5 - Information We Share

Section 6 - Your Failure to Provide Personal Information

Section 7 - Our Retention of Your Personal Information

Section 8 - Do Not Sell Personal Information

Section 9 - Your Rights and Choices

Section 10 - Rights to California Residents

Section 11 - Security

Section 12 - Children

Section 13 - Notification of Changes

Section 14 - How to Contact Us

 

Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Application, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Application.

 

If you have any questions or comments about this Privacy Policy, please submit a request to the email address set forth in Section 14 below.

 

Section 1: When this Privacy Policy Applies

 

Our Privacy Policy applies to the data collection and privacy practices of Orion and when we collect personal information through your use of the Application in connection with the Service we provide to your Organization. Please note that this Privacy Policy does not apply to the following activities:

• Personal information collected about you by your Organization or other Orion customers. Your Organization and other Orion customers are responsible for their own personal information collection and use practices, including when customers use Orion services to process your personal information. To find out more about our customer’s use of personal information about you, please contact the company who collected your information from you and/or review such company’s privacy policy.

• Personal information processed by Orion to provide services to your Organization or other Orion customers. The business services agreement between Orion and its customer, typically your Organization, governs the collection and use of any personal information processed by Orion on behalf of a customer in order for Orion to provide and perform the contracted services.

• Services that state that they are offered under a different privacy policy. The use and collection of personal information through your use of the website, www.orioncom.com, and other Orion-related sites are governed by the privacy policies available for review on such sites.

 

Section 2: Information We Collect

 

Generally, we collect information, including Personal Information, through your use of the Application to provide services to your Organization and to develop, improve the performance of and secure the Application and the services provided to all of our customers and users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata. Your Organization will have access to all Personal Information you enter into the Application or that is otherwise collected by your use of the Application.

 

We may collect certain Sensitive Personal Information through your use of the Application when requested by your Organization. “Sensitive Personal Information” refers to a smaller subset of Personal Information which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, social security number, driver’s license number, passport number, financial account log-in or account number, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation. Additionally, Orion may process Sensitive Personal Information collected by your Organization and provided to Orion to provide the Services.

 

When you use our Application, we collect Personal Information in the following ways:

• Information You Give to Us. To use the Application, you will be required to provide the username and password assigned to you by your Organization and Orion in connection with the Services or you may be required to create a new username and password that allows you to access the Application. You may also provide us with information about yourself or other people in your Organization by manually entering such information into the Application, such as contact information (names, physical addresses, email addresses, telephone numbers, or similar information), demographic information (gender, date of birth, or similar information) or employment-related information (employee IDs, hours worked, paid time off, or similar information). If you enter personal information relating to other people into the Application, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy and the terms of the business service agreement between your Organization and Orion.

• Information We Obtain from Your Use of Our Application. We may collect certain information automatically, such as your device hardware model, operating system version, browser type, and internet service provider. We also collect information about your interaction with the Application, such as creating or logging into your account, which features you use and the action you took within the Application, the internet protocol address or other unique identifier for the mobile device you used to access the Application, and cookies that may uniquely identify your browser or your individual account. When you use our Application, we may automatically collect and store this information in service logs.

• Cookies. We may use cookies or similar technologies in connection you’re your use of the Application. Cookies are small data files placed on a device when it is used to access the Application. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences, tracking your visits to the Application, and for session time out purposes due to lack of usage of the Application.. If you choose to disable cookies, or to otherwise restrict local storage, some features of the Platform may not function properly.

 

We may collect and process additional Personal Information from our customers, including your Organization, and our collection and processing of Personal Information from our customers is governed by the privacy policy made applicable in the business services agreement between Orion and its customer.

 

Types of Information Collected Related to California Residents

 

During the last twelve (12) months, we have collected the following categories of Personal Information from consumers using the Application.

 

Category	Type of Identifiers We Collect	Collected
Identifiers.	First and last name, postal address, unique personal identifier, online identifier, account name Internet Protocol address, email address.	Yes
Personal information categories listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)).	In addition to name, address and other types of information included in Identifies, signature, physical characteristics, state identification card number.	Yes
Characteristics of protected classifications under California or federal law.	Race, religion, gender, national origin, or sexual orientation.	Yes
Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	No
Biometric Information.	Hair color, eye color, fingerprints, height, retina scans, facial recognition, voice, and other biometric data.	No
Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	No
Geolocation Data.	Information used to determine your actual physical location or device with reasonable specificity.	No
Audio, electronic, visual, thermal, olfactory, or similar Information.	Call recordings, photographs, video images.	No
Professional or employment-related information.	Current or past job history or performance evaluations.	Yes
Education information.	Information that is not “publicly available personally identifiable information” as defined in the California Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).	No
Inferences drawn from other Personal Information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No

 

We obtain the categories of Personal Information listed above from the following categories of sources:

 

• Directly from our user’s activity on our Application. For example, information that users provide to us when they log-in to the Application or information that user manually enter into the Application.
• Indirectly from our user’s activity on our Application. For example, from Application usage details that are collected automatically.

 

We may collect additional Personal Information from our customers, including your Organization, and our collection and use of Personal Information from your Organization or our other customers is governed by the privacy policy incorporated in the business service agreement between Orion and its applicable customer.

 

Section 3: How We Use Information We Collect

We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

1. To authorize access to our Application;
2. To present, operate or improve the Application, including analysis of Application activity;
3. To provide, maintain, administer or expand the Services provided to your Organization, performing business analyses, or for other internal purposes to support, improve or enhance our business and the Services;
4. To customize or tailor your experience of the Application;
5. To secure our Application, including to authenticate users;
6. To respond to and support users regarding their use of the Application and Services;
7. To comply with all applicable legal requirements; and
8. To otherwise fulfill the purpose for which the information was provided.

 

Other than the business purposes set out above, we will ask for your consent before using your Personal Information for any commercial purposes.

 

Please note that we are providing the Services to your Organization. If your Organization has set up an account for you or otherwise granted you access to the Application, your Organization will have access to the information we collect from your use of the Application, including when you schedule paid time off, and other ways you use the Application. Since we are acting as the service provider to your Organization, we may use and share the Personal Information collected from you and the Organization’s other employees in accordance with the requests and directions of the Organization. We are not responsible for your Organization’s use of the Personal Information collected from you by Orion.

 

Section 4: Our Legal Basis for Collecting Personal Information

Whenever we collect Personal Information from you, we may do so on the following legal bases:

1. Your consent to such collection and processing.
2. Out of necessity for the performance of an agreement between us and our customers, such as the business services agreement with your Organization for the Services being provided by Orion.
3. Our legitimate business interest, including but not limited to the following circumstances where collecting or processing Personal Information is necessary for:

• Intra-organization transfers for administrative purposes;
• Product development and enhancement, where the processing enables Orion to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of your Organization and our other users or customers, and to better understand how people interact with our Application;
• Fraud detection and prevention;
• Enhancement of our cybersecurity, including improving the security of our network and information systems; and
• General business operations and diligence.

4. In order to comply with applicable laws and regulations, such as to comply with a subpoena or other legal process.

 

In each circumstance your Personal Information is collected for our legitimate business interest, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

 

Section 5: Information We Share

We do not share Personal Information with companies, organizations and individuals outside of Orion unless one of the following circumstances applies:

• With your consent. We will share Personal Information with companies, organizations or individuals outside of Orion when we have your consent to do so.
• Enterprise Accounts. Your Organization has permitted you access to our Application. We will share Personal Information with your Organization in connection with the Services provided by Orion. Your Organization can review and manage your use of Application and the enterprise Services.
• For Legal Reasons. We will share Personal Information with companies, organizations or individuals outside of Orion if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
  • meet any applicable law, regulation, legal process or enforceable governmental request.
  • enforce applicable terms of use, including investigation of potential violations.
  • detect, prevent, or otherwise address fraud, security or technical issues.
  • protect against harm to the rights, property or safety of Orion, our users or customers, or the public as required or permitted by law.

 

We attempt to notify users or their Organization about legal demands for their Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

 

Section 6: Your Failure to Provide Personal Information

 

Your provision of certain Personal Information is required in order to use the Application, such as your username and password. If you fail to provide such Personal Information, you may not be able to access and use our Application.

 

Section 7: Our Retention of Your Personal Information

 

We may retain your Personal Information for a period of time consistent with the original purpose for collection.  We also may retain your Personal Information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements. For example, Personal Information about you that we collect to provide the Services to your Organization will be retained for the duration of the contract with your Organization and Orion or longer as necessary for record retention and legal compliance purposes. 

 

Section 8: Do Not Sell Personal Information

 

In the preceding twelve (12) months, we have not sold any Personal Information collected from use of the Application.  

 

Section 9: Your Rights and Choices

 

You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our Application, we aim to provide you with choices about how we use your Personal Information. We also aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or you may update or correct inaccuracies in that information by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the Section 14 below.

 

Our Opt-in/Opt-out Policy

 

By providing an email address on the Application, you agree that we may contact you in the event of a change in this Privacy Policy, or to provide you with any Service related notices.

 

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a user to submit or receive information, as the case may be.

 

At any time, you can contact us via telephone, email, web submission or written inquiries sent as provided in Section 14 below to opt-out of our right to share your Personal Information with third parties pursuant to your prior consent under the terms of this Privacy Policy.

 

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

 

Section 10: Privacy Rights Specific to California Residents

 

Under the California Consumer Privacy Act (the “CCPA”), California residents have specific rights regarding their Personal Information. This Section describes Californians’ rights and explains how California residents can exercise those rights.

 

If you are a California resident, you may have the following rights under the California Consumer Privacy Act:

• Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  
• Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records, unless an exception applies.
• Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
• Right to Opt Out. You have the right to “opt out” of the “sale” of your Personal Information to “third parties” (as those terms are defined in the CCPA). Please note that Orion does not currently sell your Personal Information to third parties.

 

Exercising Your Rights

 

If you are a California resident who chooses to exercise your rights, you can submit a request via email address set forth in Section 14 below.

 

You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.

 

Our Response to Your Request

 

Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.

 

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

 

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you or your Organization has requested. Where this is the case, we will inform you of specific details in response to your request.

 

We may deny your deletion request if retaining the information is necessary for us to:

1. Complete the transaction for which we collected the Personal Information, provide a service that you or your Organization requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or your Organization, or otherwise perform our contract with you or your Organization;
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Debug products to identify and repair errors that impair existing intended functionality;
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
7. Comply with a legal obligation; or
8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Section 11: Security

 

Orion maintains administrative, technical and physical safeguards designed to protect the user’s Personal Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms.

 

Section 12: Children

 

The Application is not intended for use by children. We do not intentionally gather Personal Information about visitors who are under the age of 16. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us at the email address provided in Section 14 below. If we learn that we have inadvertently collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.

 

Section 13: Notification of Changes

 

This Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. If Orion wishes to make a material change to this Privacy Policy, it may notify all users by email and/or by an Application announcement prior to the proposed change. If you object to the change, you may withhold your consent by sending an email to Orion’s address, which will be specified at that time. In the event you object to a change, you may not be able to continue accessing and using our Application in certain circumstances.

 

Section 14: How to Contact Us

 

If you believe your Personal Information has been used in a way that is not consistent with the Privacy Policy or your choices, or if you have further questions, comments or suggestions related to this Privacy Policy, please contact Orion website inquiry or written inquiry sent to:

 

Orion Communications, Inc.

8350 North Central Expressway, Suite 700

Dallas, Texas 75206

Website: www.orioncom.com