Effective date: November 12, 2019
INSTIRE reevaluates this Policy on an ongoing basis and reserves the right to change its Policy at any time in its sole discretion. All changes to the terms of this Policy shall be effective as of the date on which they are posted on the Platform. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the Platform or our services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.
This Policy covers our treatment of personally identifiable information («Personal Information») that INSTIRE gathers when you are accessing or using our Platform. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Platform, including to enhance and personalize your experience with INSTIRE, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Platform. INSTIRE may also share some Personal Information with third parties, but only as described below.
INSTIRE’s Platform and offerings are directed to entities and/or individuals in their business and professional capacities. They are not intended for children under thirteen (13) years of age. INSTIRE does not knowingly solicit data online from, or market online to, children under the age of thirteen (13) years. In addition, children under the age of thirteen (13) years are not permitted to submit any personal information to INSTIRE or the Platform. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
INFORMATION COLLECTED AND USE OF INFORMATION
INSTIRE may gather date, time, information about a user’s browser and system or device configuration and capabilities, navigation history, and IP address for all visitors to the Platform to monitor and track Platform use and traffic patterns in order to provide a more personalized experience on the Platform. INSTIRE may use this information for its internal security audit log, for trend analysis and system administration, and to gather broad information about its audiences. However, INSTIRE does not routinely link IP addresses to anything that identifies you as an individual.
In addition to the above, we may use the following technologies to automatically collect information about your activities on our Platform: cookies, flash cookies, web beacons, clear pixels, or pixel tags, web server logs, and geo-location technologies.
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Platform to:
- Administer sweepstakes, promotions, and contests;
- Assist law enforcement and respond to subpoena;
- Compile anonymous statistical data and analysis for use internally or with third parties;
- Create and manage your account;
- Match job providers with job applicants;
- Enable features that allow you to share information with other users, such as when you submit a review or rating;
- Email you regarding your account;
- Enable user-to-user communications;
- Generate a personal profile about you to make future visits to the Platform more personalized;
- Increase the efficiency and operation of the Platform;
- Monitor and analyze usage and trends to improve your experience with the Platform;
- Notify you of updates to the Platform;
- Offer new products, services, mobile applications, and/or recommendations to you;
- Perform other business activities as needed;
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity;
- Process payments and refunds;
- Request feedback and contact you about your use of the Platform;
- Resolve disputes and troubleshoot problems;
- Respond to product and customer service requests;
- Send you a newsletter;
- Solicit support for the Platform;
“Personal Information” shall refer to information which you provide to us which personally identifies you, and includes, but is not limited to, your name, email address, social security number, mailing and/or physical address, mobile device number, telephone number, date of birth, your photograph and other information or data that identifies you, which is collected and maintained by us if you have a Registered Account to use and access the Platform, and may otherwise be collected by us through your use and access of the Platform or if you otherwise directly provide such information to us. “Personal Information” may also include information you provide in connection with a payment or banking service (“Payment Service”) offered as a convenience to you in association with the Platform services, whereby you can maintain your credit card or bank account information (each a “Payment Account”) securely with us in connection with your Registered Account. Such information may also include, depending on whether it can be reasonably linked to your other Personal Information or used to identify you, your IP address, MAC address, device-specific information (including hardware information about any device you are using to access or use the Platform, such as your UDID or hardware model information), device type, unique device identifiers, advertising identifiers, serial numbers, mobile network information, file names and versions, preferred languages, operating system information (including your operating system version), browser type, location information, user preferences, dates and times of use of the Platform, browsing activity and browsing history, and features you have used (collectively, “Usage Data”). Personal Information may also include certain combinations of such information that meets the applicable statutory or other legal definition of “Personal Information” for purposes of breach notification (such information, “Statutory PII”).
Information You Provide to INSTIRE:
We receive and store any information you knowingly provide to us. We may use any information you provide to us for our business purposes. INSTIRE may collect Personal Information, which may be required to register with us or to take advantage of some of our features. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you provide us your phone number, you may also receive messages that we send you via SMS as part of the normal business operation of your use of the Platform. If you do not want to receive communications from us, please indicate your preference by emailing firstname.lastname@example.org.
Information Collected Automatically
Whenever you interact with our Platform, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, web beacons, the type of browser and/or device you’re using to access our Platform, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Platform are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. A “web beacon” is an object that is embedded in a page or email and is usually invisible to the user but allows checking whether a user has viewed the page or email.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Platform as such data can provide us with how often users use a particular feature of the Platform, and INSTIRE can use that knowledge to make the Platform interesting to as many users as possible.
Collection of Location Information
When you use the Platform, we collect precise location data that tracks your location when the mobile application is running in the foreground (mobile application open and on-screen) of your device. We may deliver information or content specific to your location to you via the Platform as a result of the location data we collect. Your location information is necessary for calculating the time spent on job/shift, overtime, and other information to ensure you are properly paid. If you disable the collection of geolocation information, the Platform may not function as intended. Additionally, the opt-out mechanism on some operating systems may not be persistent, which will require you to opt-out of such collection each time you access the Platform through your device.
We collect transaction details and information related to your use of the Platform, including the types of services you requested or provided (such as requests for jobs/shifts), dates, times and durations of jobs/shifts or services engagements, engagement fees, and other related transaction details and information.
We may collect information about the devices you use to access our Platform, including any related Usage Data.
When you interact with our Platform, we collect server logs, which may include Usage Data and information like device IP address, access dates and times, application features or pages viewed, application crashes and other system activity, browser type, and the third-party site or service you were using before interacting with our Platform.
Information Collected from Third-Party Websites and Do Not Track Policy
Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Platform. Just like any other usage information we collect, this information allows us to improve the Platform and customize your online experience, and otherwise as described in this Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Platform does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Platform and after you leave our Platform.
Calls and Text Messages
In addition to our communications with Job Providers and Job Applicants, we enable users to communicate with each other directly through communications initiated by them through the Platform. For example, we enable Job Providers and Job Applicants to contact one another directly through the Platform. INSTIRE receives some information regarding such calls or texts, including the date and time of the applicable call or text, and the content of the text messages. INSTIRE may use this information for customer support services (including to resolve disputes between users), for safety and security purposes, and for analytics. Additionally, in order to provide the services to you, INSTIRE will communicate with you with communications or through its alert service, which includes contacting or messaging you by telephone, email, short message service or text message. Additionally, INSTIRE and its partners and affiliates may contact you at any telephone number(s) you provide in connection with your use of the Platform. By providing your contact information, you consent to receive communications (including communications containing an artificial voice or prerecorded message or made using an automatic telephone dialing system) from us, our affiliates and partners, and any Job Provider from which you are seeking a job/shift at any of the contact information you provided, including your wireless number, even if that number is registered on a corporate, state, or national do-not-call registry.
PERSONAL INFORMATION RECEIVED
INSTIRE does not rent or sell your Personal Information in personally identifiable form to anyone, provided certain Personal Information may be transferred in connection with business transfers, as described below. We may share your Personal Information with third parties as described in this section:
Information that’s been de-identified. We may de-identify your Personal Information so that you are not identified as an individual and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Platform, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
Affiliated Businesses: In certain situations, businesses or third-party websites INSTIRE is affiliated with may sell or provide products or services to you through or in connection with the Platform (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. For example, if you book a request for a job/shift through INSTIRE, we may share certain of your Personal Information with the user who made the request. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company, such as Stripe, to receive and process your credit card transactions for us and/or remit payment to you in connection with the job/shift you provide. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Note that an “agent” may also be considered a “partner” in certain circumstances and would be subject to the terms of the “Information that’s been de-identified” section in that regard.
User Profiles and Submissions: Certain user profile information, including your name, location, work history, resume information, and any video or image content that such user has uploaded to the Platform, may be displayed to other users to facilitate user interaction or requests for jobs/shifts within the Platform or address your request for our services. Please remember that any content, including your work history and resume information, you upload to or make available on your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by any user of the Platform. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Platform and other users can contact you through messages and comments.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of INSTIRE and Others: We may use or disclose personally identifying information if we have a good-faith belief that the disclosure is reasonably necessary (a) to satisfy applicable law, regulation, legal process, or enforceable governmental request, (b) to enforce agreements we have with you, (c) to address fraud or security issues, or (d) to protect against harm to the rights, property, or safety of the users, or our employees.
INSTIRE uses reasonable administrative, technical, and physical security measures to protect your information. Because of the constitution of the Internet, however, the rules of data protection and the security measures mentioned above may not be observed by other persons or institutions beyond INSTIRE’s control. Especially unencrypted data – even if sent via e-mail – can be read by third parties. INSTIRE has no technical influence to avoid this. You have the responsibility to protect the information you provide, especially user name and passwords, from misuse, whether by encryption or other means.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
ACCESS TO PERSONAL INFORMATION
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- name and password;
- email address;
- mailing address;
- phone number;
- location; and
- user profile information, including your work history and/or images you have uploaded to the site.
The information you can view, update, and delete may change as the Platform changes. If you have any questions about viewing or updating information we have on file about you, please contact us at email@example.com
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org. California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: email@example.com.
OPTIONS AVAILABLE TO USERS
Users can always opt not to disclose information to INSTIRE, however some information may be needed to register with INSTIRE or to take advantage of some of our features.
Users may be able to add, update, or delete information as explained in this Policy. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request a suspension of your account by submitting a request to firstname.lastname@example.org. When you suspend your account, you will no longer receive requests for jobs/shifts, but your profile information may remain in our records. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
Personal Information shall be processed and stored for as long as required by the purpose they have been collected for. INSTIRE may be allowed to retain Personal Information for a longer period whenever you have given consent to such processing and for as long as such consent is not withdrawn. Furthermore, INSTIRE may be obliged to retain Personal Information for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after expiration of the retention period.
For questions or concerns regarding this Policy, practices of the Platform, or any other transaction issue, please send an e-mail to email@example.com.