Privacy statement for trainees

All about privacy and data security

For participants of our customers:

• Privacy Statement for participants
• Data Processor Agreement (DPA)
• Data security (FAQ)
• Service Level Agreement

For customers and website visitors:

• Privacy Statement for customers and website visitors
• Cookie poliy

Please note: This is our general privacy statement for our services to Clients. We provide it here for your information. Specific agreements can be made in consultation with Clients. The Client's Domain will therefore display (and be asked to accept) the privacy statement that applies to the use of that Domain.

1. General

1.1 Client is responsible for the processing of personal data of the Users. By using the Domain of TrainTool for an online training and testing as a Trainee, and/or supporting an online training and testing and/or supervising it as a Coach or Administrator by order of the Client, personal data will be processed. This Privacy Statement describes how this is done.

1.2 By agreeing to this Privacy Statement - and with it the terms and conditions for the data processing - the User grants explicit permission for this data processing. If the User does not agree with this Privacy Statement, he is requested not to use the Domain and to report this to the Customer.

2. Definitions

2.1 Client: the organisation that has entered into a commercial agreement with TrainTool B.V. for the use of 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 the URL (domain.traintool.com) and the 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 a minimum of 1 and a maximum of all following roles or profiles: Trainee, Coach, Administrator.

2.4 Administrator: an administrator is the person who, within the Domain, has all rights to
(i) create, edit or delete programs,
(ii) create, edit or delete other Users (in any role) and
(iii) compile and view reports on Users within the Domain.

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

2.5 Coach: a Coach is the coach assigned by the Administrator to one or more Trainees. Depending on how the Administrator sets it up, the Coach can and may watch (observe), give feedback and assess a training and/or test of the Trainee(s) concerned.

2.6 Trainee: the person who is registered by or on behalf of the Client within the Domain for an online training, Skills Coaching or test and is permitted to use the Domain for that purpose.

2.7 Friend: a person designated by a Trainee to provide him or her with feedback via TrainTool. This may be an existing TrainTool User, but does not have to be.

2.8 Privacy Statement: this privacy statement.

3. Processing of (personal) data

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

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

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

3.1.3 Trainee shares camera images (via webcam or mobile camera) or sound recordings of a followed and saved online training and/or test with his/her Coach or Friend(s).

3.1.4 Trainee requests and/or receives feedback from his/her Coach or Friend(s).

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

3.1.6 Trainee gives feedback to another Trainee who has invited him/her as a Friend.

3.1.7 User requests TrainTool support when using the Domain.

3.1.8 Administrator of the Domain requests reports on participation, progress and performance during an online training, Skills Coaching and review by the Trainee.

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

3.2.1 Data that is necessary to use the Domain as a User for an online training, Skills Coaching and/or assessment, being:
(a) first name and surname,
(b) e-mail address,
(c) personal password,
(d) training name(s), associated reporting group, Coach and Administrator,
(e) camera images or sound recordings (of a training course attended and maintained by the Trainee),
(f) information on participation, progress and performance in an online training and assessment such as (i) answers to training questions provided, (ii) time commitment, (iii) extent and manner of feedback to peers, as well as (iv) feedback from, and assessment by, the Coach.
(g) for Skills Coaching users only: telephone number

3.2.2 Data of which the provision of the Domain is optional to use the Domain as a User for an online training, Skills Coaching and assessment by actively providing it within its own online profile, being:
(a) telephone number and
(b) photo.

3.3 The personal data provided by TrainTool on behalf of the Client will only be processed by TrainTool for the execution of its services commissioned by the Client being the development, facilitation, maintenance and optimization of an online training, Skills Coaching and testing platform for skills at the Trainee as well as the support of its use. More specifically, the focus is on the practice of (soft) skills by the Trainee with feedback from Coach and Friends as well as providing insight into the level of the Trainee in question (on individual, group, and/or company level or anonymized for company sector) through reports.

4. Minors

4.1 The Domain is not intended for use by minors (i.e. persons under the age of 16). In any case, minors may only register as Users with the consent of their parents or guardian. In that case, the parent or guardian can also at all times amend or remove the information provided to the Client via the Domain.

5. Sharing by Trainees

5.1 When participating in an online training and testing within the Domain, Trainee can decide whether he/she makes the (interim) results of an online training and testing (such as the camera images of an online training and testing followed and saved by Trainee as well as the answers to other questions or assignments) available to his/her Friends, Coach, or Administrator or TrainTool for technical support. This provided information can then be viewed by those third parties. Whoever chooses to share certain information, should realize that this information can then be used in an unknown way by the third party(ies). This falls outside the responsibility of TrainTool.

5.2 Trainee has access to the results of an online training and testing of other Trainees if another Trainee has actively shared this for feedback. Trainee will not use these results and otherwise related information or personal data beyond what is strictly necessary to provide such feedback within the Domain. No other use within or outside the Domain is permitted.

6. Other transfers to third parties

6.1 For the processing purposes listed in this Privacy Statement under 3.3, the Client has engaged TrainTool as a processor, with whom the Client has entered into an agreement to ensure that TrainTool provides sufficient guarantees with regard to technical and organisational security measures relating to the processing to be carried out.

6.2 For the performance of its services to the Client, TrainTool makes use of cloud computing, whereby it engages (sub)processors with whom it has entered into an agreement to store or process the Users' personal data. This agreement also provides sufficient guarantees for technical and organizational security measures with regard to this processing.

6.3 In all other respects neither the Client nor TrainTool will provide the personal details of the Users to third parties, unless the User gives 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 statutory regulation or in an emergency, insofar as in the reasonable opinion of the Client this is in the interest of the User.

7. Security

7.1 For the benefit of the Client, TrainTool has taken appropriate technical and organisational measures to secure 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. More information about our security measures can be found at www.faculty.nl/data-security.

Despite the fact that TrainTool has taken and will take appropriate security measures on behalf of the Client, there are risks associated with the processing of personal data via the Internet, which are unfortunately inherent in the use of the Internet in society.

8. Storage period and location

8.1 TrainTool does not retain the personal data of Users within the Domain longer than is necessary for the performance of its services. The User's personal data will be deleted after TrainTool has received an order to do so from the Client or the User itself. A User will also be automatically deleted 45 days after the expiration of his/her license. The data will still be present in the backups for a limited period of time.

8.2 TrainTool stores personal data of Users within the Domain in the Netherlands. For more information about this, see www.faculty.nl/data-security. 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 Within the scope of the General Data Protection Regulations (GDPR), the User has the right to view his/her collected personal data (GDPR Article 15) and, if necessary, to amend, supplement (GDPR Article 16), delete (GDPR Article 17) and/or request it for further use (GDPR Article 20).

9.2 The User also has the right to object with good reason to the processing of his/her personal data (GDPR article 21) or to request that this processing be restricted (GDPR article 18).

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

9.4 The Client is responsible for safeguarding these rights, and TrainTool will cooperate fully in so far as this does not conflict with its obligations under the law and/or the agreement with the Client.

9.5 In order to exercise these rights, the contact person referred to in Article 13 may be contacted.

10. Cookies

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

10.2 For the performance of its services for the Principal, TrainTool also makes use of the online services of third parties such as, but not limited to, Google Analytics and Hubspot. These services also make use of cookies (Third party cookies).

10.3 User has the right to accept or refuse the use of cookies. At a first visit this will be asked for. 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 be less good or less user-friendly. Check the Help menu in your browser for more information.

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

11. Links to third party websites

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

12. Changes

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

13. Contact

13.1 In order to exercise your rights referred to in Article 9 of this privacy statement, you can contact the Client. For other aspects of this privacy statement, please contact TrainTool B.V.