The Kenzen Stance on Worker Privacy
Our biometric monitoring solution to keep workers safe on the job was designed from the beginning with worker privacy in mind. The Kenzen solution has three separate views of the physiological data we collect. Of these three, the individual worker view is the only one which has access to personal data in real time, and retrospectively. The other views, which include safety manager and corporate, can only see what they need to in order to protect the worker from injury or illness whether that is an intervention on the site or trend analysis to keep the worker and worksite safer and more productive.
Early on, when we were just starting out, one of our first deployments was with a large Fortune 50 industrial conglomerate. As part of our initial proof of concept we were asked to compromise our own data sharing policy to accommodate the executives of this company. At the time, a successful proof of concept with this company could make or break our entry not just into this particular market segment, but as a company.
After a very brief internal discussion our small team made the only choice that was a viable one for us. We advised the large conglomerate that if they didn’t agree with our stance on worker privacy we would have to conclude our business with them. Miraculously to us at the time, the large company agreed to our point of view on this key matter and we were able to proceed with an extremely successful engagement that led to several more with them, all of which helped solidify our successful market entry to help at workers on the job.
We welcome feedback and questions on it at any time.
Our Commitment to Workers
The Kenzen Device will not process any personal or personally identifiable information we collect from you from you without your informed consent.
Effective Date: 08.17.20
We provide this privacy notice so that all users of our Services understand how we collect, use, and share the information collected through our Services and what information your employer and other Kenzen customers (“Partners”) can access from your use of the Services. Kenzen provides the Services on behalf of our Partners, including your employer, so you should consult any privacy notices or guidelines provided by your employer to understand how it uses and discloses information collected through Kenzen’s Services.
What information do we collect?
We collect information you provide to us when you use our Services or interact with us in any other manner. This information includes your name, address, email address, phone number, and any other information you choose to provide. We collect this information when you contact us, submit an inquiry, or interact with us through any other method.
To provide the Services, Kenzen products are equipped with sensors that collect health information such as heart rate, activity and motion, core body temperature and skin temperature, sweat loss, and perspiration rate. Kenzen products also collect geolocation information to detect local temperature and humidity and date of birth.
Our Services will advise you, and seek your consent, for information collection, usage, and disclosure where consent is required by law or best practice. In other cases, your provision of information is sometimes required by law and at other times is a result of a contractual requirement.
How do we use the information that we collect?
We process your information for a variety of purposes—most importantly, to provide Services to you and our Partners. For example, you will receive Heat Alerts, your own personal real-time and historical biometric information, daily worksite temperature and humidity information, and your own work/rest schedule through the Services. Our Partners, i.e., your employer, will receive Heat Alerts, summary reports of actions taken by workers and symptoms experienced by workers, daily worksite temperature and humidity information, and general work/rest schedules through use of a centralized dashboard. We may also provide our Partners with de-identified, anonymous, and/or aggregated data that identifies workplace trends and analyzes those trends.
Additionally, we process your information for other purposes, including the following:
- To respond to your inquiries or contact you as you request;
- To operate and improve the Service and our business, including for analytics purposes;
- To comply with the law; and/or
- As otherwise disclosed at the time personal information was collected.
We use automatic decision-making, including profiling, to help employers identify and reduce the occurrence of heat stress, fatigue, and over exertion.
Where we intend to process your personal information for a purpose other than the purpose for which it was collected, we will provide you with information regarding the purpose for the processing, as well as other relevant information, prior to processing your personal information for the new purpose.
How do we share the information that we collect?
We may share the information we collect with certain parties, including the following:
- Our Partners, which include employers and other customers that use our Services;
- Affiliated companies;
- Third party vendors that perform services on behalf of Kenzen;
- As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
- Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties; or
- With your consent or as otherwise disclosed at the time of data collection or sharing.
Through our dashboards, our Partners can access user information to help them make decisions that will reduce risks related to heat stress, fatigue, and over exertion. Where possible, our Partners rely on deidentified or anonymized information to make these decisions. Our Partners can also access information about individual users to facilitate real-time interventions. At any time, individuals using our Services can opt-out of the Services by deleting or discontinuing use of the Services, including discontinuing use of the sensors.
We share information that has been anonymized or aggregated without limitation.
Third Party Links and Tools
The Services may provide links to websites or applications maintained by third parties, including social media pages. We do not control the privacy practice of those websites or applications, and they are not covered by this privacy notice. You should review the privacy notices of other websites or applications that you use to learn about their data practices.
The Services may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Services, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with these third parties and the use of their features are governed by their privacy notices. We encourage you to carefully read the privacy notices of any accounts you create and use.
We may work with third parties that collect data about your use of the Service over time for non-advertising purposes. Kenzen uses Google Analytics services to improve the performance of the Services and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our Services, visit https://www.google.com/policies/privacy/partners. To opt out of Google Analytics visit https://www.tools.google.com/dlpage/gaoptout/.
Privacy Rights Under Specific Laws
When we provide Services to our customers, we are considered a “service provider” under the California Consumer Privacy Act (“CCPA”). In that case, the Partner’s privacy notice governs the use of “personal information” that is subject to the CCPA. For example, when we process personal information from our Services on behalf of your Employer, it is the Employer’s privacy notice that controls. Kenzen will retain, use, and disclose personal information in accordance with our contract with your employer.
California residents have certain rights with respect to the personal information collected by Partners. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
- The right to know the categories and specific pieces of personal information Partners collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information;
- The right to request that Partners delete the personal information collected from you.
- The right to opt out of sale(s) of your personal information.
- The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
To exercise any of the above rights, please reach out to a Partner. Kenzen will work with the Partner, at its direction, to facilitate your rights request.
This section applies to individuals that use the Services from the European Economic Area, United Kingdom, and Switzerland (collectively, “EU Users”). As in the United States, we process personal information on behalf of our Partners, and it is their privacy notices that generally control. Nevertheless, we want to provide you with some information about how Kenzen processes personal information from European users on behalf of our Partners.
Rights Available to EU Users
If you are an EU User, you may have certain rights under local privacy and data protection laws. Please contact the Partner that has provided you with access to the Service to exercise those rights. Kenzen will, where able, facilitate responses to your requests at the direction of the Partner.
You may have some or all of the following rights:
- To request access to your personal information;
- To request that Partner rectify or erase personal information;
- To request that Partner restricts or blocks the processing of personal information;
- Under certain circumstances, to receive personal information about you that Partner stores and transmits, including requesting that personal information is provided directly to another entity, e. a right to data portability; and
- To withdraw consent to processing personal information.
Additionally, you have the right to lodge a complaint against the Partner. To do so, contact the supervisory authority in your country of residence.
Legal Basis for Processing
Kenzen processes personal information with consent. For example, when Kenzen processes personal information to provide services you request, such as to provide personal information to third parties at your direction.
On certain occasions, we process your personal information when it is necessary for the performance of a contract to which you are a party, such as to provide services to you that you have requested. We may also process your personal information to respond to your inquiries concerning our products and services.
On other occasions, we process your personal information where required by law. We may also process your personal information if necessary to protect your interests or the interests of a third party.
Additionally, we process your personal information when necessary to do so in our or our Partners’ legitimate interest, like to ensure the security of the Services, and this interest is not overridden by your data protection rights. Where we process your personal information for this purpose, our legitimate interest is to provide our Services.
If the processing of personal information is necessary and there is no statutory basis for such processing, we will ask for your consent to process your personal information. You have the right to withdraw your consent to processing of personal information at any time.
Transfers of Personal Information
Please be aware that the personal information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of the United States, please be advised that we process and store personal information in the United States.
We will process and store your information only for the period defined in our contract with Partner or as permitted by law. After expiration of that period, the corresponding information is routinely deleted, unless its retention is required by law.
Kenzen has established reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction, which include contractual, administrative, physical, and technical safeguards. Technical measures include use of firewall protection and encryption technology where appropriate.
To opt-out of the Services, please terminate your account by using your account settings. To opt out of emails from Kenzen, you can use the link provided at the bottom of each marketing message.
Updating Your Information
You may request to review, change, or update your contact information by emailing us at firstname.lastname@example.org You may also update your contact information by accessing your account settings.
If you have questions, comments, or concerns about this privacy notice, please contact us at: email@example.com
For users located in the European Economic Area, the United Kingdom, or Switzerland, our Data Protection Officer may be contacted at: firstname.lastname@example.org