Privacy Policy

Fluent Information Management Systems, Inc knows that your privacy is important to you, and we want you to know that it is important to us too. We created this Privacy Policy to explain the types of information we collect through our web site (including mobile optimized versions of our web site) located at www.WhosResponding.com, our Who's Responding mobile application and the various social networking platforms that we use (collectively, the “Who's Responding Service”), how we will use, disclose and protect this information once it is collected, and how you can opt out of some of our uses and disclosures of your information. By using our Who's Responding Service, you agree to the terms of this Privacy Policy (“Policy”) as it may be amended from time to time.

Here are a few general principles to keep in mind as you read through this Policy:

The Who's Responding Service is owned and operated by Fluent Information Management Systems, Inc and its corporate affiliates (referred to collectively in this Policy as “we,” “us,” “our” and other similar pronouns). We operate the Service for Police, Fire, EMS & other First Responder departments (the “Departments”) that retain us to do so as a service for them.
For purposes of this Policy, “you” shall refer to both (i) Departments as our customers and (ii) individual users of the Who's Responding Service who have been permissioned by their Department to use the Who's Responding Service under their Department account.
By using the Who's Responding Service, you agree that you will not upload, post, transmit, distribute, submit, disclose or share patients' protected health information via the incident chat function, Push to Talk function, or in any other way via the Who's Responding Service.
The Who's Responding Service may use GPS and other locator capabilities to identify and display your device's precise location, as further described in Section 2 below.
As our business evolves this Policy may change, so check back to this page periodically to make sure you understand how your personal information will be treated.
This Policy does not apply to information that you may provide to us, or that we may obtain, other than through the Who's Responding Service, such as over the phone, by mail, or in person.
If you are located outside of Canada, you should know that the information you provide to us is being transmitted to us and processed in Canada and will be protected subject to this privacy policy and Canadian laws, which may not be as protective as the laws in your country. Also, the Who's Responding Service places cookies and local shared objects on your computer or device which are further described below. By using the Who's Responding Service, you agree to this.
This Policy is incorporated into, and part of, our Web Site's Terms of Use and our mobile application's End User License Agreements, which govern your use of our Who's Responding Services as a whole.

Table of Contents

Opt in and Opt Out
What information is collected through the Who's Responding Service?
How is your information used?
Do we share Personal Information and Service Usage Information with Others?
Text Message Service
Your Access Rights
Data Retention
Children
Security
Changes to this Privacy Policy
Contact Us

1. Opt In and Opt Out

You may have the right to opt in to or opt out of certain of our uses and disclosures of your Personal Information. For example, the first time you respond to an incident on a specific device, you will have the opportunity to elect to, or not to, share location information. Please understand that it may take us a few days to process any opt-out request and that even if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

2. What information is collected on the Who's Responding Service?

User-Provided Information

“Personal Information” is information that can be used to identify you as an individual or allow someone to contact you, as well as information attributed with such information. We collect and store Personal Information that you provide to us such as your name; mobile phone number; email address; username; the image you choose as your avatar; your status as available, unavailable, on or off duty; or messages communicated through the Who's Responding Service incident chat, or any comments, messages or questions you submit to us using the “Support Request” button or similar feature on the Who's Responding Service or by any other means via the Who's Responding Service.

Department Provided Information

While initiating a trial period or purchasing access to the Who's Responding Service, your Department will select an Administrator who will have the ability to invite new members to join the Who's Responding Service under the Department's account. The relevant Administrator may help set up your account by providing your Personal Information to us. Such information shall be treated in the same manner as user-provided information and may also include, in addition to your name, mobile phone number, and email address, your rank, certification level, and title.

Location Information

The Who's Responding Service collects information about the precise geographic location of your device. If your device is equipped with GPS or can connect with wireless access points or hot spots, or if your device is also a phone that communicates with cell towers or satellites, then your device is able to use these features to determine its precise geographic location and transmit it to us.
If you have chosen to allow for location sharing in your device's native settings (e.g. iOS, Android or web browser settings), the first time you respond to an incident via the Who's Responding Service you will be presented with the option to either “enable location sharing” or not. If you choose to enable location sharing, we will collect and process detailed information about your precise location and such information will be linked to your unique mobile identifier and the rest of your account information.
We will begin tracking your location when you respond to an incident and will cease to track your location upon the earlier of the following:

the incident you are responding to is closed by a member of your Department
you click on an option to Stand Down & Cancel Response,
30 minutes (or other adjusted time out period) lapsed from the last activity on the incident.

During the time we are tracking your response to an incident your device's exact location information will continuously update and will be shared along with your other Personal Information, with other users of the Who's Responding Service within your Department. Once you set your device to transmit its location information to us, your device will continue to do so each time you respond to a future incident until the earlier of (1) – (3) above with respect to that incident. Your location history will never be stored after the close of the incident.

Location information is used to track responders and their vehicles while an incident is in progress and to show the responders estimated time of arrival on the scene.

You may at any time opt-out from further allowing us to have access to your device's location information by accessing Menu ⇒ Settings and turning off the switch for “GPS Tracking”. Alternatively, you may discontinue location sharing using your device's native settings.

Service Usage Information - Collected Automatically

As is the case with many web sites and applications, our servers automatically collect your IP address when you use our Who's Responding Service, and we may associate that with your domain name or that of your Internet access provider. If you access the Who's Responding Service via a mobile application or visit a mobile version of the Who's Responding Service, we receive data from or about the mobile phone or device that you use to install and/or access the Who's Responding Service, including your unique ID number (or Apple App-specific unique ID number if accessing the Who's Responding Service via iOS), your mobile carrier, your device type, and a call log limited to calls made through the Who's Responding Service to other users of the Who's Responding Service.

We may also capture certain “clickstream data” pertaining to your Who's Responding Service usage. Clickstream data includes, for example, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the Who's Responding Service, the pages or content you see or click on during your visit and when and for how long you do, and your Who's Responding Service usage history, and any search terms you have entered on the Who's Responding Service.

Among other things, this information enables us to generate analytics reports on the usage of our Who's Responding Service. In addition, we may deploy various tracking technologies on the Who's Responding Service to collect additional information about your Who's Responding Service visits. For example:

Cookies are small data files stored on your computer or device at the request of a web site. A cookie assigns a unique numerical identifier to your Web browser, and may enable us to recognize you as the same user who used our Who's Responding Service in the past, and relate your use of the Who's Responding Service to other information about you, such as your Who's Responding Service usage information and Personal Information. Cookies may also be used to enhance your experience on the Who's Responding Service (for example, by storing your username so you can log in easily and keeping you logged into the Who's Responding Service after you have provided your password) or to collect general usage and aggregated statistical information and detect and prevent fraud.
Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Who's Responding Service or its features.
A pixel tag (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you've opened one of our emails or seen one of our Web pages.

These tracking technologies may be deployed by us and/or by our service providers on our behalf. These technologies enable us to assign a unique number to you, and relate your Who's Responding Service usage information to other information about you, including your Personal Information.

Since the Who's Responding Services does not engage in behavioural advertising, the Who's Responding Service does not honour “do-not-track” settings in your web browser.

Social Networking

We maintain a presence on social networking and blogging platforms, such as Facebook, Twitter & Instagram. Through these platforms, we receive some Personal Information and some site usage information about you, and this Policy applies to that information as well. In addition, third party social networking platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information, and we encourage you to read them.

3. How is your information used?

We or our service providers may use the information we collect from and about you to perform the following business functions: • enabling users to use our Who's Responding Service and its features • remembering information so you will not have to re-enter it during your use or the next time you use the Who's Responding Service • administering the Who's Responding Service and your account with us • collecting and sharing with other users your device's precise location information during an incident if you enable location sharing as set forth herein • responding to your requests, questions, and concerns • enabling analysis of incident response so as to improve management of resources • developing new features and offerings on the Who's Responding Service • marketing and other communications, including information about our products, product updates, and services that we think might interest you. • sending you emails in response to service related issues • protecting our rights and property • recovering debt and preventing fraud • other purposes disclosed when personal information is submitted to us To perform the above functions, we may match information collected from you through different means or at different times, including both Personal Information and Who's Responding Service Usage Information, and use such information along with information obtained from other sources (including third parties) such as demographic information and updated contact information. We or our service providers may also use your information to assess the level of interest in, and use of, the Who's Responding Service, and our emails both on an individual basis and in the aggregate. 4. Do we share Personal Information and Service Usage Information with others? We may share the information we collect on the Who's Responding Service with others as follows: • To Who's Responding Service Providers: Some of the services provided through the Who's Responding Service, such as map functions and processing incident emails sent by you, and hosting our systems and databases may be provided by third-party providers. We also outsource tracking and reporting functions, payment processing functions and other services. We may share your information (including, but not limited to information from cookies, device identifiers, and location data) with third parties who need your information in order to provide services to us so that we can provide the Who's Responding Service to you and your Department. • To Members of your Department: Members of your Department shall have access to all Personal Information provided by you or your Department in your settings, such as your name, user name, photograph and duty status. Members will also have access to any incident chat or Push-To-Talk messages you voluntarily share through the Who's Responding Service as well as your precise location information when you are responding to incidents if you have chosen to enable location sharing. • To Administrators of your Department: Administrators of your Department may have access to records of incident chat and other data about incident response, for example for their use to improve incident response going forward. • To Other Departments: If your Department requests us to make available data with another Department, your Department can consent to the sharing of your Personal Information and other Who's Responding Service related information on your behalf. In such instance, members of another Department will have the same access to your information as members of your Department. • In response to Legal Requests or for Protection: When we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud or respond to a government, judicial or other legal request, or to comply with the law. • Change of Control: In connection with a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind down of business. In addition, we may share non-personally identifiable Who's Responding Service usage information (including aggregate data) with others, for their own use, in a form that does not include your name or contact information. 5. Text Message Service This Section shall apply to users who use the Who's Responding Service via the native text message function on their device instead of our mobile application. Such users may receive incident notifications by enabling “SMS Notifications” located in the users' settings. By enabling “SMS Notifications” you consent to receive text messages from us which are part of the Who's Responding Service. Msg&data rates may apply. You will receive a text message notifying you of an incident. You can opt-out of our text messages at any time by disabling “SMS Notifications” located in your settings. This opt-out will be effective immediately. Your user-information and responses to incident chats will be saved, stored, and displayed in the same manner as all other Personal Information and user information collected and will be used in accordance with this Policy. You represent that you are legally competent and have legal authority to form a contract and provide this consent with regard to the phone number you provide and that you reside in Canada or the United States. You may not consent on behalf of someone else or provide someone else's phone number. You agree to enter into, sign and receive this consent to receive text messages electronically. 6. Your Access Rights You may review, update or modify certain Personal Information that is stored in your user account on the Who's Responding Service by logging in to the “Settings" area of the Who's Responding Service or by contacting us using the “Contact Us” information below or the “Support Request” feature within the mobile application. We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies. 7. Data Retention We may retain information gathered through your use of the Who's Responding Service for so long as is commercially reasonable for a legitimate business purpose. 8. Children The Who's Responding Service is intended for emergency first responders by invitation only and should not be available to individuals who are under the age of 13. In the event that we learn we have collected information from a child under the age of 13, we will take the steps to remove such information. Please alert us if you believe that we might have any account information from or about a child under the age of 13. 9. Security While we endeavour to protect the security and integrity of sensitive Personal Information collected via the Who's Responding Service, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. If you correspond with us by e-mail, text message, or using Web forms like the “Support Request” feature on our Who's Responding Service, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. You are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security. If we believe that the security of your Personal Information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavour to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. 10. Changes to this Privacy Policy We may change this Policy from time to time. When we do, we will let you know by posting the changed Policy on this page with a new “Last Updated” date. In some cases (for example, if we significantly expand our use or sharing of your Personal Information), we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. In some cases, we may request your consent to the changes. 11. Contact Us If you have any questions or comments regarding our privacy practices, you may contact us at: Fluent Information Management Systems, Inc PO Box 580 Brockville, ON K6V 5V7 Canada Email: support@fluentims.com Phone: 855-358-3684 Effective Date: June 6, 2018