Salesperson Audio & Privacy

Capturing salesperson audio is a powerful feature of Salespath that enables management to have transparency into what is happening in the driveway, and enables operators to provide tailored coaching to the frontlines.

Audio recordings typically capture only the salesperson, however occasionally you can also hear the customer. Regardless of how many participants are heard, these recordings fall under fair use as a customer in a retail setting has no expectation of privacy. This would apply even in "two-party states", since that consent is only necessary where there is an expectation of privacy such as a telephone call, or conversation in a private room. In the setting of an outdoor pay lane of a car wash this expectation does not exist. (See here for a breakdown by state, noting the exceptions where there is no expectation of privacy.)

In the Forbes article entitled, Reasonable Expectation Of Privacy: What It Is And How It Works by Brett Surbey, the seminal Supreme Court case of Katz v. United States set the bar of determining when this reasonable expectation exists. In his opinion on the case, Justice Harlan developed the following two-fold test to determine if someone’s expectation of privacy is reasonable.

1. The person in question must have had an (actual) subjective expectation of privacy and
2. Their expectation of privacy is one that society recognizes—or is prepared to recognize—as reasonable.

Therefore, in a car wash setting with multiple people possibly within ear shot, with cameras typically overtly mounted, and context with nothing private, there is no reasonable expectation of privacy.

To provide even more weight to the argument that these interactions are not private, we recommend displaying a sign nearby the pay area indicating that your premises are under audio and video surveillance. 

To provide you with full protection, we have every salesperson digitally sign an end user license agreement that includes an audio waiver (which you can see below). This can be customized, but the vast majority of our clients are using our default, which is shown here:

The Salesperson End User License Agreement (EULA)

Welcome to Salespath! 🎉🙌🥳 The following are our basic terms and conditions for using the Salespath app.

General Use

There should be no attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services.

You may not access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;

Messaging Policy

Within the Salespath app you can message colleagues within the company. The following policy applies to your use of this instant messaging:

​Professional Use: Instant messaging is intended for professional use to streamline communication, enhance collaboration, and facilitate quick exchanges of information. Employees are expected to use this tool primarily for work-related purposes.
Appropriate Content: All communications must be professional, respectful, and free from inappropriate language, offensive jokes, derogatory remarks, or any content that could be interpreted as harassment or discrimination. This includes but is not limited to comments related to race, gender, sexual orientation, religion, national origin, age, disability, or any other characteristic protected by law.

​Harassment and Bullying: The organization is committed to providing a work environment free from harassment, bullying, and discrimination. Harassing, threatening, bullying, or discriminating against anyone through instant messages is strictly prohibited and will result in disciplinary action, up to and including termination of employment.
Confidentiality and Privacy: Employees must respect the confidentiality of proprietary or sensitive information and not share it through the instant messaging application. Personal data of colleagues should not be disclosed without their consent.
Security: Employees should adhere to the organization's IT security policies, avoiding the sharing of passwords, security details, or any information that could compromise the security of the organization's IT systems.

​Monitoring and Compliance: The organization reserves the right to monitor instant messaging communications for compliance with this policy. However, this will be done in accordance with applicable laws and respecting the privacy rights of employees.
Reporting Violations: Employees are encouraged to report any misuse of the instant messaging feature or violations of this policy to their supervisor or the Human Resources department. Reports can be made anonymously and will be treated confidentially.

​Audio Waiver

The Company is dedicated to delivering exceptional customer service and strives to cultivate top-tier performance. To coach and train, we may record audio and/or video for security and training purposes. In addition, photography and/or video might be recorded and used for marketing purposes. Employees explicitly acknowledge and consent to this recording during working hours. Therefore, they should not anticipate any reasonable expectation of privacy during these interactions with customers, potential customers, or other incoming callers or visitors. Furthermore, employees willingly absolve the company, along with its agents or representatives, from any claims arising from the recording of these interactions.

Enforcement

Violations of this policy may result in disciplinary action, up to and including termination. The organization will investigate allegations of misconduct and take appropriate corrective action.

By checking the acknowledgement box and pressing the "SIGN" button below, you acknowledge receipt of this policy and agree to abide by it.