Terms and ConditionsMaxpanda CMMS - Keeps it simple, secure and forever
Terms Conditions and Client Confidentiality
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your files, content, email messages, contacts and so on ("Your Stuff"). Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff and backing it up to the AWS. Our Services also provide you with features like photo thumbnails, document previews, email-notifications, push notifications, easy sorting, editing, sharing and searching of files related to work order maintenance management. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, this permission does not extend to third parties we work with other than Mandrill Email Services. New clients are automatically entered into our monthly newsletter. The newsletter provides important updates on your account including current/future software updates. If you no longer to want to receive our newsletter, simply Unsubscribe 24/7.
Sharing Your Stuff
Our Services let you share Your Stuff with others, so please think carefully about what you share and who you INVITE into your account as a USER.
You're responsible for your conduct, Your Stuff and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via Maxpanda CMMS. Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
Limited Right to Use // This Web site is owned and operated by Maxpanda Software Inc. unless otherwise specified; all materials on this Web site are the property of Maxpanda Software Inc. and are protected by the copyright laws of Canada and, throughout the world by the applicable copyright laws. No materials published by Maxpanda on this Web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Maxpanda Software Inc. The use of any such materials on any other Web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Data is securely stored on the Amazon Cloud:
Amazon Web Compliance Compliance Docs · Compliance whitepaper: Whitepapers · Security webpage: Security is our #1 priority · Security whitepaper: Security is our #1 priority · HIPAA Webpage: HIPAA References · HIPAA whitepaper: HIPAA Whitepaper
Newletter // We automatically enter your email address into our newsletter mailing list. This list is not for marketing purposes but to keep each of our clients and nonclients up to date with all feature sets that are implemented into the software. These updates and features to the software are also posted on our blog under cmms version control.
Links to Other Sites // The linked sites are not under the control of MAXPANDA, and MAXPANDA is not responsible for the content of any linked site or any link contained in a linked site. MAXPANDA reserves the right to terminate any link at any time. MAXPANDA may provide links from this Web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this Web site, you do this entirely at your own risk.
Indemnity // You agree to indemnify, defend and hold MAXPANDA harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this Web site.
Limitation of Liability // IN NO EVENT SHALL MAXPANDA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF MAXPANDA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1. Personal Information // You have complete control over your personal information. In general, you can visit our Web site without providing us with any personal information. However, there are instances where we must have your personal information in order for us to grant you an access to our protected and secured sites. This information may include registration data (your name, address, email address, phone number, title, etc.), information request data and response data ("User Information").
2. Use of User Information // We intend to use such information for purposes of supporting your relationship with Maxpanda CMMS by designing content that is suitable to your needs and alerting you to new product and service offerings as they become available. If you decide that we should not use your personal User Information to contact you, please let us know and we will not use that information for such purpose. However, please do not submit any User Information if you are less than 18 years of age.
3. Disclosure of User Information // Maxpanda CMMS does not sell, trade or transfer User Information to third parties.
4. Accuracy and Security // The accuracy and security of the User Information is important to Maxpanda CMMS. If you contact us to correct your User Information, we will attempt to correct such inaccuracies in a timely manner. Maxpanda CMMS is concerned with the security of your User Information and is committed to taking reasonable steps to protect it from unauthorized access and use of that personal information. To that end, we put in place the appropriate physical, electronic and managerial policies and procedures to secure your personal User Information. We also continue to implement procedures to maintain accurate, complete and current User Information.
5. Cookies // Maxpanda CMMS uses "cookies". A cookie is a small data file that a Web site can transfer to a visitor's hard drive to keep records of the visits to such site. A cookie cannot read data off of your hard drive or read cookie files created by other sites. Maxpanda stores such cookies in your browser to maintain your desired user experience and app settings so you don't have to. If you prefer not to accept a cookie, you can set your Web to warn you before accepting cookies or you can refuse all cookies by turning them off in your Web browser.
6. External Links // Maxpanda's Web site may provide links to other third party Web sites. Even if the third party is affiliated with Maxpanda CMMS through a business partnership or otherwise, Maxpanda CMMS is not responsible for the privacy policies or practices or the content of such external links. These links are provided to you for convenience purposes only and you access them at your own risk while using our Computerized Maintenance Software and Facilities Management Program.
Confidentiality is the protection of personal information. Confidentiality means keeping a client’s information between you and the client, and not telling others including co-workers, friends, family, etc.
Examples of maintaining confidentiality include:
- individual files are locked and secured
- support workers do not tell other people what is in a client’s file unless they have permission from the client
- information about clients is not told to people who do not need to know
- clients’ medical details are not discussed without their consent
- adult clients have the right to keep any information about themselves confidential, which includes that information being kept from family and friends
The types of information that is considered confidential can include:
- name, date of birth, age, sex and address
- current contact details
- bank details
- medical history or records
- personal care issues
- service records and file progress notes
- individual personal plans
- assessments or reports
- incoming or outgoing personal correspondence
Other information relating to ethic or racial origin, political opinions, religious or philosophical beliefs, health or sexual lifestyle should also be considered confidential. There is, however, no such thing as absolute confidentiality in the service industry. Workers are required to keep notes on all interactions with clients and often to keep statistics about who is seen and what issues are addressed. As a worker, there will be times when you could be faced with some personal difficulties regarding confidentiality. You need to give your client an assurance that what is said will be in confidence (that it will stay secret between you and the client) because, unless you are able to do that, the client is unlikely to be open with you. However, you also need to be aware of the limits to the confidentiality that you are offering. There are several instances where total confidentiality is either impossible, undesirable or illegal. These include: cases where the law requires disclosure of information which will be
Confidentiality also extends to things like:
- names and addresses of clients
- phone numbers and addresses of staff and volunteers
- details of funding agreements
- information about strategic planning
Importance of confidentiality
One of the most important elements of confidentiality is that it helps to build and develop trust. It potentially allows for the free flow of information between the client and worker and acknowledges that a client’s personal life belong to them. One of the major purposes for obtaining a client’s consent before speaking to a third party is to protect the confidentiality and privacy of the client. Informed consent (obtaining personal information with the formal permission of the client or a person who has the legal authority to provide permission on behalf of the client) is considered essential in maintaining the privacy of the client. It is important to keep your clients’ business as just that – their business. You should only discuss matters relating to your clients business with co-workers, and then only what needs to be discussed. Discussions should take place in the workplace and not be audible to other members of staff or the general public. You should never discuss clients business with family or friends. Respect for client confidentiality and staff personal information should be a high priority for all community services to comply with legislation that governs disclosure of information. In this regard all organisations need to have policies and procedures that provide guidelines for workers. Appropriate worker behaviour can also be incorporated in a code of conduct. To ensure confidentiality, workers should only access confidential information for work that is covered by their job description and the policies and procedures of the organisation. They should only disclose information to other parties where a client (or co-worker in relation to their personal information) has consented to the release of the information or where disclosure is required or mandated by legislation due to indications of risk of harm. Further workers need to ensure that any information that is collected is securely stored and disposed of.
Geolocation in GoMAX mobile app for Android/iOS
These 6 roles include a Geolocation feature within GoMAX mobile (ios/android apps). This allows Supervisors / Editors / Admins to quickly view current Global location of the any of these active Users. Staff and Vendors are able to turn off Geolocation at any time within the mobile app or simply logout at the end of the work day. If sharing Geolocation is set to ON, Staff will be able to assign MULTIPLE ASSETS to themselves by scanning the Asset's QR code. This is especially convenient for construction and/or material delivery industries. Tracking of Assets are viewed in real-time on the desktop - Maxpanda's Map View.
What is GDPR?
The General Data Protection Regulation (“GDPR”) is a new, EU-wide privacy and data protection law. It calls for more granular privacy guardrails in an organization’s systems, more nuanced data protection agreements, and more consumer-friendly and detailed disclosures about an organization’s privacy and data protection practices. The GDPR replaces the EU’s current data protection legal framework from 1995 (commonly known as the “Data Protection Directive”). The Data Protection Directive required transposition into EU Member national law, which led to a fragmented EU data protection law landscape. The GDPR is an EU regulation that has direct legal effect in all EU Member States, i.e., it does not need to be transposed into an EU Member States’ national law in order to become binding. This will enhance consistency and harmonious application of the law in the EU.
The GDPR can apply to organizations located outside the EU: Unlike the Data Protection Directive, the GDPR is relevant to any globally operating company, not just those located in the EU. Under the GDPR, organizations may be in scope if (i) the organization is established in the EU, or (ii) the organization is not established in the EU but the data processing activities are with regard to EU individuals and relate to the offering of goods and services to them or the monitoring of their behavior. Processing personal data is a broad concept under the GDPR: The GDPR governs how personal data of EU individuals may be processed by organizations. “Personal data” and “processing” are frequently used terms in the legislation, and understanding their particular meanings under the GDPR illuminates the true reach of this law:
Personal data is any information relating to an identified or identifiable individual. This is a very broad concept because it includes any information that could be used on its own, or in combination with other pieces of information, to identify a person. Personal data is not just a person’s name or email address. It can also encompass information such as financial information or even, in some cases, an IP address. Moreover, certain categories of personal data are given a higher level of data protection because of their sensitive nature. These categories of data are information about an individual’s racial and ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, information about person’s sex life or sexual orientation, and criminal record information. Processing of personal data is the key activity that triggers obligations under the GDPR. Processing means any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. In practical terms, this means any process that stores or consults personal data is considered processing.
Key concepts: data controllers and data processors
In EU data protection law, there are two types of entities that can process personal data — the data controller and the data processor. The data controller (“controller”) is the entity which, alone or jointly with others, determines the purposes and means of the processing of personal data. The data processor (“processor”) is the entity which processes personal data on behalf of the controller. It is important to determine whether the entity processing personal data for each data processing activity is a controller or a processor. This mapping exercise enables an organization to understand what rights and obligations attach to each of its data processing operations. Stripe has certain data processing activities for which it acts as a data controller, and others for which it acts as a data processor. A good illustration of this dual role is when Stripe processes credit card transactions. Facilitating a transaction requires the processing of personal data, such as the cardholder’s name, credit card number, the credit card expiry date, and CVC code. The cardholder’s data is sent from the Stripe user to Stripe via the Stripe API (or by some other integration method, such as Stripe Elements). Stripe then uses the data to complete the transaction within the systems of the credit card networks, which is a function that Stripe performs as a data processor. However, Stripe also uses the data to comply with its regulatory obligations (such as Know Your Customer (“KYC”) and Anti Money Laundering (“AML”), and in this role Stripe is a data controller.
Legal basis for processing personal data in the GDPR
The next consideration is to determine whether or not a particular processing activity is GDPR-compliant. Under the GDPR, every data processing activity, performed as a controller or processor, needs to rely on a legal basis. The GDPR recognizes a total of six legal bases for processing EU individuals’ personal data (in the GDPR, EU individuals are referred to as “data subjects”). Those six legal bases, in the order of Art. 6 (1) (a) to (f) GDPR, are:
The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
The processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
The processing is necessary for the compliance with a legal obligation to which the controller is subject;
The processing is necessary to protect a vital interest of the data subject;
The data processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority; or
The processing is necessary for the legitimate interests pursued by the entity, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require personal data protection.
There are similarities between the GDPR permitted processing list and the list contained in the Data Protection Directive. However, there are also significant divergences. The most frequently discussed change made by the GDPR, when compared to the Data Protection Directive, is the tightening of the consent requirements (item 1 in the above list). The GDPR consent requirements include elements such as (i) the requirement that consent be verifiable, (ii) the request for consent must be clearly distinguishable from other matters, and (iii) the data subjects must be informed of their right to withdraw consent. It is also important to be mindful that an even higher consent requirement (“explicit consent”) is imposed with respect to the processing of sensitive data.
Another important item to highlight is the legitimate interest item (item 6 in the above list). When relying on “legitimate interest” as supporting the processing of personal data, an organization needs to be aware of the balancing test requirement associated with this legal basis. To satisfy the Accountability Principle under the GDPR, an organization must document its compliance with the balancing test, which includes its approach and the arguments that it considered prior to it concluding that the balancing test was satisfied.
Individuals’ rights under the GDPR
Under the Data Protection Directive, individuals were guaranteed certain basic rights with regard to their personal data. Individuals’ rights continue to apply under the GDPR, subject to some clarifying amendments. The below chart compares individuals’ rights under the Data Protection Directive and the GDPR.
INDIVIDUAL’S RIGHT DATA PROTECTION DIRECTIVE GDPR
DATA SUBJECT ACCESS REQUEST Individuals have the right to know whether their personal data are being processed, what and how personal data about them is being processed, and what the data processing operations are. The extent of this right has been expanded under the GDPR. For example, when making an access request, individuals must receive additional information, including information about their additional data protection rights under the GDPR that did not exist before, such as the right to data portability. RIGHT TO OBJECT An individual may prohibit certain data processing operations where he or she has compelling legitimate grounds. Individuals may also object to the processing of their personal data for direct marketing purposes. The GDPR has broadened the scope of this right in comparison to the Data Protection Directive. RIGHT TO RECTIFICATION OR ERASURE Individuals may request that incomplete data be completed or that incorrect data be corrected to ensure that the processing of personal data be in compliance with applicable data protection principles. The GDPR position is materially the same as the Data Protection Directive, but some procedural protections are increased under the GDPR. RIGHT TO RESTRICTION No right to restrict processing. However, the Data Protection Directive provides individuals the right to request the blocking of their personal data where the processing operations are not in compliance with data protection principles, for example when data are incomplete or inaccurate. The GDPR offers individuals the right to request the restriction of the processing of their personal data in certain circumstances, including where the individual contests the accuracy of the data. RIGHT TO ERASURE (“RIGHT TO BE FORGOTTEN”) Individuals have the right to seek erasure of their personal data if the processing operations were not in compliance with data protection principles. Therefore, this right is very narrow. The GDPR has expanded this right substantially. For example, the right to erasure can be exercised when personal data is no longer necessary in relation to the purposes for which it was collected, or the individual withdraws consent to the processing and no other legal basis supports continued processing. RIGHT TO DATA PORTABILITY The Data Protection Directive does not explicitly mention “data portability” as a right of a data subject. EU Member State laws may have implemented additional rights akin to a right for data portability on a national level. Individuals may request that personal data held by one data controller be provided to themselves or another controller.
International data transfers
The topic of international data flows has been a hot topic in recent years, and there has been considerable debate and law reform in this area. It is also close to certain that the laws around international data flows will continue to evolve in the coming years. Today under EU data protection law, certain requirements need to be satisfied before EU individuals’ personal data may be transferred outside the EU, unless the organization receiving the personal data is located in a whitelisted jurisdiction (see here for whitelisted jurisdictions).
Under the GDPR, international data transfers are a challenging topic to manage because the law keeps evolving and there are only a handful of data transfer mechanisms available. While challenging, organizations need to keep current with the developments because the compliant flow of personal data is the backbone of any technology company. One particularly important mechanism for personal data flows from the EU to the United States is the Privacy Shield framework. The EU-US and Swiss-US Privacy Shield is a method of ensuring that an organization offers an adequate level of data protection, by requiring that an organization certify and register according to the requirements of the Privacy Shield framework. Stripe has certified to the EU-US and Swiss-US Privacy Shield for this reason. Stripe’s Privacy Shield certification is here, and our Privacy Shield Policy here. For more information, please visit Stripe’s EU data transfers support page here.
More generally, Stripe has international data transfer compliance measures in place governing all of Stripe’s global entities’ processing of the personal data of EU individuals. These measures are based on the EU Standard Contractual Clauses. As noted above, international data flows continue to be an area of potential future law reform. For this reason, we are following the legal developments around international data transfer compliance measures very closely, and take every measure available to us to ensure a compliant international transfer of EU data subjects’ personal data. This also means that we have built redundancies into our data transfer compliance program to the fullest extent possible and are looking to expand these with the tools available to Stripe under the GDPR.
The most referenced consequence of non-compliance with the GDPR is the maximum fine that can be levied against a non-compliant organization. The maximum fine that may be levied is 4% of global revenue or 20 million EUR, whichever is higher. Certain other types of infringements carry a maximum fine of 2% of global revenue, or 10 million EUR, whichever is higher. Less frequently referenced are the data protection authorities’ (“DPAs’ ”) powers under Art. 58 of the GDPR. These powers include the ability for the DPAs to impose corrective actions, such as a temporary or definitive limitation on data processing activities, including a complete ban on data processing, or to order the suspension of data flows to a recipient in a third country.