Last Updated: October 16, 2023This privacy policy (“Privacy Policy”) discloses the practices of Shiftsmart, Inc. (“Shiftsmart,” “we,” or “us”) concerning information we obtain by and through your use of the Shiftsmart websites (including shiftsmart.com and shiftsmart.co) and the Shiftsmart Platform (collectively, the “Sites”), the Shiftsmart mobile apps (the “Apps”), or any other websites or apps that reference this Privacy Policy, and through other interactions and communications you have with us (collectively, the “Services”). This Privacy Policy applies to the Services and becomes effective as soon as you access or use the Sites or the Apps.
Introduction
Shiftsmart is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information you share with us. The purpose of this Privacy Policy is to explain the types of information Shiftsmart obtains about users of the Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of that information. By accessing and using the Services, you are accepting and consenting to the use of your information as described in this Privacy Policy. Please review this Privacy Policy carefully.
Personal Information
Personal information identifies or describes a person or can be directly linked to a specific individual. Examples of personal information include, but are not limited to, a person’s name, date of birth, login name and password, mailing address, billing address, telephone number, mobile phone number, email address, credit or debit card number, security code and expiration date, photo, and information related to a customer’s mobile device and location if a customer uses the App or other location-based tools. In addition, for certain users (e.g., drivers, workers, etc.) it may also include government identification numbers and information about your vehicle or insurance.1. Information you provideShiftsmart collects information that you provide, such as when you create or update your Shiftsmart account (e.g., name, email address, phone number, etc.); sign up to receive SMS messages; submit payment data (i.e., bank account/routing number); request services through the Apps or Sites; contact Shiftsmart, including for customer support; submit comments to Shiftsmart; subscribe to an email newsletter or email alerts; ratings and feedback; or participate in a survey, poll, blog, or live chat. Information may also be provided to Shiftsmart when you enable features that require Shiftsmart’s access to your address book or calendar.2. Information created when you use our servicesShiftsmart collects information created when you use the Services, such as location, usage, and device information. Depending on the Services that you use, and your app settings or device permissions, Shiftsmart may collect your precise or approximate location as determined through data such as GPS, IP address, and WiFi. If you are a driver or delivery partner, Shiftsmart collects location information when the App is running in the foreground (App open and on-screen) or background (App open but not on screen) of your device. The App may be used without enabling Shiftsmart to collect location information. However, this may affect the functionality available on the App.We collect transaction details related to your use of the Services, including the type of services you requested or provided, date and time the service was provided, amount charged, distance traveled, and other related transaction details. We collect information about how you interact with the Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. We may collect information about the devices you use to access the Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.Shiftsmart also tracks the activity and function of the Services in the form of log files on web servers. These logs are analyzed by third-party statistical analysis software solutions, such as Google Analytics, to provide visitor activity trend data. The information inside the log files includes IP addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, App features or pages viewed, the number of clicks, App crashes, and other system activity.3. Information from other sourcesThese may include:Information from third parties, including insurance providers; financial services providers; publicly available sources; and marketing service providers. Vendors who help us verify a user’s identity, background information, and eligibility to work, or who screen users in connection with sanctions, anti-money laundering, or know-your-customer requirements. Law enforcement officials, public health officials, and other government authorities.Shiftsmart business providers through which users create or access their Shiftsmart account, such as payment providers, or apps or websites that use Shiftsmart’s APIs or whose APIs Shiftsmart uses.Users or others providing information in connection with claims or disputes.Shiftsmart may combine the information collected from these sources with other information in its possession.
How We Use Your Information
1. To Provide ServicesThe personal information you voluntarily provide will be used to provide reliable and convenient delivery of the Services; to personalize, maintain, and improve our products and services; to provide customer support and respond to your requests; and to analyze usage and activity trends. We also use the information we collect to enhance the safety and security of our users.As such, Shiftsmart may use user ratings, reported incidents, and other feedback to encourage compliance with our Partner Terms of Service and as grounds for deactivating users with low ratings or who otherwise violated such guidelines in certain countries. Your personal data may be used in profiling and automated decision-making that affects your access to shifts and your status as an active Shiftsmart user. This data is collected in accordance with Shiftsmart’s Terms of Service, a contract, or with your explicit consent.Shiftsmart performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with Partners and Employers or for purposes of Shiftsmart’s legitimate interest in monitoring and improving its products and services.2. To Communicate With YouShiftsmart may use the information we collect to inform you of services, promotions, or other news that may be of value to you. This information will not be disclosed to a third party unless you affirmatively consent to its release or unless required by law, court order, or as legally required to do so in connection with law enforcement investigations or other legal proceedings. Shiftsmart or its contracted vendors do not sell, trade, or rent your personal information to third parties for third-party direct marketing purposes, except when the purpose and manner of the disclosure has been disclosed to you prior to your providing the information.Shiftsmart uses the information we collect (which may include call recordings) to provide customer support, including investigating and addressing user concerns and monitoring and improving our customer support responses and processes.Shiftsmart performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with Partners and Employers or for purposes of Shiftsmart’s legitimate interest in monitoring and improving its customer support services.3. For Research, Development, and Improvement of Our ServicesWe want to ensure that our Sites, Apps, and Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process certain personal information for research, testing, and development; and perform internal operations necessary to provide our Services, including troubleshooting.Aggregate data is statistical information that is derived from collective data that relates to a group or category of persons. Aggregate data reflects the characteristics of a large group of anonymous people. Shiftsmart may use aggregate data and provide aggregate data to others to generate statistical reports for the purpose of managing and improving Shiftsmart operations. The data gathered is used to better organize information contained on the Sites and in our App and to improve the overall user experience. This information is used to analyze trends, administer the Sites and App, track user’s movement around the Sites and App, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable. This information is not used to identify our visitors on an individual level.Shiftsmart performs the above activities on the grounds that they are necessary for purposes of Shiftsmart’s legitimate interest in monitoring and improving its products and services.4. To Enforce our Terms, Agreements, or PoliciesTo maintain a safe, secure, and trusted environment for you when you use our Sites, Apps, or Services, we use your personal information to ensure our terms, policies, and agreements with you and any third parties are enforced. Additionally, we may disclose your personal information if we believe that the disclosure will help us protect the rights, property, and safety of Shiftsmart employees, customers, or partners.This includes using device, location, user profile, usage, and other data to prevent or detect fraudulent activity including: identifying fraudulent accounts or uses of the Services, verifying user identities in connection with certain payment methods, and preventing and combating unauthorized access to users’ accounts. In some cases, behavior may result in automatic deactivation, or in the European Union or where otherwise required by law, deactivation after human review. To object to such a deactivation, please contact Shiftsmart customer support.Shiftsmart performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with Partners and Employers or for purposes of Shiftsmart’s legitimate interest in monitoring and improving its products and services.5. To Comply with Applicable LawsShiftsmart may share your information with law enforcement officials, government authorities, or other third parties if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or to protect Shiftsmart’s rights or property or the rights or property of others, or in the event of a claim or dispute relating to your use of the Services. Shiftsmart performs the above activities on the grounds that they are necessary to fulfill Shiftsmart’s legal obligations.6. With Your ConsentWe hire other companies to provide services on our behalf, such as processing monetary transactions (e.g., credit card transactions, making payments to you, etc.), sending messages and emails, or answering customer questions about the Services. Those companies may be provided (either by us or directly by you) with the personal information they need to deliver the service for which they are hired. These companies can access personal data subject to contractual and technical requirements for protecting personal data and prohibiting them from using personal data for any purpose other than to provide services to Shiftsmart or as required by law. Shiftsmart performs the above activities on the grounds that you have consented to the use of these service providers as a condition of using the Shiftsmart Platform.
Cookies and Third-Party Technologies
Shiftsmart uses cookies and other identification technologies on our Apps, the Sites, emails, and online ads for purposes described in this Privacy Policy. Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. Shiftsmart uses cookies and similar technologies for purposes such as: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with the Services.We may also use web beacons in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many email messages have been opened. We may also employ web beacons from third parties to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns. Other than our service providers providing services on our behalf, we prohibit third parties from using web beacons on the Sites to collect or access your personal information.Depending on the laws applicable to you and Shiftsmart in your jurisdiction, you may be able to reject non-essential cookies. Click on the different category headings in our cookie banner to change your default settings. However, blocking some types of cookies may impact your experience with the Sites and our Services, including your ability to log in to your account. Alternatively, if you are concerned about privacy, you may set up your browser not to accept cookies or you can delete them from your browser. If you are concerned about privacy, you may set up your browser not to accept cookies, or you can delete them from your hard drive once you leave the Sites. However, this can affect how you are able to interact with the Sites as well as other websites. This could include the inability to login to services or programs, such as logging into your account. By using our Services, including the Sites and Apps, you consent to the collection and use of information as described above.
Information Sharing and Disclosure
The Sites and our Apps may integrate with social-sharing features and other related tools which let you share actions you take using the Services with other applications, websites, or media, and vice versa. Your consent is necessary to use these features to share information with your friends or the public, depending on the settings you establish with the social-sharing service. Please refer to the privacy policies of those social-sharing services for more information about how they handle the data you provide to or share through them.Some of Shiftsmart’s products, services, and features require that we share information with our affiliates, business partners, customers, and other users. Shiftsmart may provide information to its affiliates, vendors, consultants, marketing partners, research firms, and other service providers or business partners to help facilitate insurance coverage, conduct surveys on our behalf, and process payments for our services. Shiftsmart may share information with Google in connection with the use of Google Maps in the Shiftsmart Platform and Apps (see Google’s privacy policy for information on their collection and use of data).If we become involved with a merger, corporate transaction, or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer.Shiftsmart may share your information other than as described in this Privacy Policy at your request or if we notify you and you consent to the sharing.Cross LinkingShiftsmart may provide you with links to other websites not associated with Shiftsmart, such as social media sites. If you follow these links, you are leaving the Sites and are subject to the privacy policies of those websites. Note that the links we provide to outside websites are offered for convenience. Shiftsmart takes no responsibility for outside websites’ content or policies.
Information Retention, Deletion, and Protection
Shiftsmart is committed to the security of your personal information. Shiftsmart, together with its contracted service providers, store your personal information on computer servers that are located in secure, controlled facilities. The servers are designed with software, hardware, and physical security measures in place intended to prevent unauthorized access. Access to personal information is controlled through administrative, technical, and physical security measures and is regularly audited.Shiftsmart retains your information while your account remains active, unless you request deletion of your information or account. Shiftsmart may retain information after account deletion: in aggregated and/or anonymized form; if we are required to by applicable law; if there is an unresolved issue relating to your account; or if it is necessary for legitimate business interests.We take reasonable and appropriate measures, and require our third-party service providers to also take reasonable and appropriate measures, designed to protect your personal information. But no security measures can be 100% effective, and we cannot guarantee the security of your information, including against unauthorized intrusions or acts by third parties.At Shiftsmart, we are committed to respecting the personal data you generate while using our Platform and Services. As part of that commitment, we give you control over your personal data. You may submit a request for a copy of your data held by Shiftsmart or request that your data be deleted by Shiftsmart here: https://shiftsmart.privacy.saymine.io/Shiftsmart.
Choice and Transparency
Shiftsmart provides means for you to see and control the information that Shiftsmart collects. Shiftsmart uses an opt-in standard for sending you phone and text messages, which means Shiftsmart will only do so with your express consent. If you elect to opt out of receiving SMS messages about certain projects, Shiftsmart will send you a final message to confirm your opt out from future notifications about those projects. In addition, the Privacy Settings menu in the Shiftsmart app gives certain users the ability to set or update their location and their preferences for receiving mobile notifications from Shiftsmart. You can edit the name, phone number and email address associated with your account through the Settings menu in the App. In addition, most mobile platforms (e.g., iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. You may opt out of receiving emails and other messages from Shiftsmart by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional emails, such as receipts or information about your account.If you wish to be informed what personal data we hold about you, or if you want it to be removed from our systems, please contact us at privacy@shiftsmart.com.In certain circumstances, and in some jurisdictions by law, you have the following data protection rights:The right to be informed. You have a right to request that we disclose to you the personal information we have collected about you.
○ You can also see information we have about you by logging into your account and viewing things like your profile, settings, and preferences. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
○ You are also able to correct and update your personal information by logging into your account.The right to be forgotten. You have the right to request your personal data be deleted or removed where there is no good reason for us continuing to process it.The right to object. You have the right to object to our processing of your personal data.The right of restriction. You have the right to request that we restrict the processing of your personal information.The right to data portability. You have the right to transfer your personal information to another party, when possible.The right to withdraw consent. You also have the right to withdraw your consent at any time where Shiftsmart relied on your consent to process your personal information. If you withdraw your consent, Shiftsmart will no longer process your personal information where we relied on your prior consent. This may mean you are no longer able to use Shiftsmart’s services.Not be subject to automated decision-making producing legal or significant effects to you outside of a contract, Shiftsmart’s Terms of Service, or without providing your consent as described in this Privacy Policy. You may make an access request seeking meaningful information about the logic involved in the decision-making process, a description of the likely outcome based on that process, and, in some cases, an opt-out request or request for review of any such decisions. However, opting out may impact your experience with the Services, including some features of the Services being inaccessible.You may submit a request to exercise your information access and deletion rights by emailing privacy@shiftsmart.com. Please note that we may ask you to verify your identity before responding to such requests. If you are a resident of the United Kingdom (UK) or European Economic Area (EEA), you have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the UK or EEA member state.
Changes to Our Privacy Policy
We may occasionally update this Privacy Policy. For material changes to this Privacy Policy, we will notify you either by placing a prominent notice on our website, sending a mobile App notification or by sending an e-mail notification directly to you. We encourage you to review this Privacy Policy periodically to stay informed about how we are helping to protect the personal information we collect. Your continued use of the Services constitutes your agreement to this Privacy Policy as updated from time to time. Please be aware that this Privacy Policy and any information you provide via the Sites or the Application do not necessarily apply to personal information you may have provided to Shiftsmart in the context of other, separately operated products or services.
Children’s Online Privacy Protection Act
We support and comply with the Children’s Online Privacy Protection Act and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 13 may not use the App.
California Consumer Privacy Act (CCPA)
This portion of Shiftsmart’s Privacy Policy only applies to California residents. If you are a California resident, California law may provide you with certain rights about your personal information. Throughout this Privacy Policy you will find information required by CCPA regarding the categories of personal information collected from you, the purposes for which we use personal information, and the categories of third parties your data may be shared with. The terms used here have the meanings assigned to them by the CCPA. For instance, the CCPA defines "personal information" as including both your name and more general information about how you use our website. It is unlikely that all categories of personal information we collect will apply to every individual.
Categories of Information We Collect
Shiftsmart collects personal data for the following purposes:To participate as an independent worker on the Shiftsmart platform.To participate as an employer on the Shiftsmart platform.As a prospective Customer evaluating Shiftsmart.As a prospective employee seeking employment with Shiftsmart.As a current employee of Shiftsmart.
Sensitive Personal Information.
Shiftsmart collects sensitive personal information as necessary for the purposes listed above. The categories of personal information we collect include:
Category A, Identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Category B, California customer records. Any categories of personal information defined in California Civil Code Section 1798.80. Examples include contact details and communications we collect through our support channels, marketing webpages, social media, at our events, and connected with our other marketing activities.
Category F, Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
Category G, Geolocation data, such as the location of your shift or shifts available in proximity to your current location.
Category H, Sensory Information, such as call or video recordings and profile photos.
Category I, Professional or employment-related information, as provided by you to Shiftsmart as it relates to work as an independent worker, prospective employee, or employee.
Category J, Education information, as provided by you to Shiftsmart as it relates to work as an independent worker, prospective employee, or employee.
Category K, Inferences, that we derive from the preceding or other information we collect.You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described above.
Sale of Personal Information.
Shiftsmart does not sell or share personal information, including sensitive personal information. Shiftsmart has not sold any personal information in the preceding twelve months.
Sources.
Internet/network activity information, geolocation, IP address, and other online identifiers are collected automatically through your use of our online services or mobile applications. Unless automatically collected through the use of our services, the information above is collected with your consent at the time of collection and provided by you.
Opt Out
The CCPA gives California consumers the right to opt out of the sale of their personal information. However, Shiftsmart and its contracted vendors do not sell, trade, or rent your personal information to third parties for third-party direct marketing or other purposes, unless you have been previously notified of the purpose and manner of the disclosure. You may also request to opt out of Shiftsmart’s use of automated decision-making technology, including profiling, and Shiftsmart will comply with any such requests in accordance with any applicable requirements of the CCPA. If you wish to be informed what categories of personal data we hold about you, or if you want it to be removed from our systems, please email privacy@shiftsmart.com.If we receive a CCPA request from you, we will first decide regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Shiftsmart or contacting you through previously used channels to confirm that you submitted the request (i.e., confirming identity through contact information that we have on file, not the contact information submitted to make the request).Your rights as stated here can also be exercised by an authorized agent on your behalf. Shiftsmart will follow the standards set by the Attorney General of California regarding designation of an authorized agent to exercise rights under the CCPA. You may review information available through the Attorney General website (oag.ca.gov/privacy/CCPA) regarding how an individual can be designated as an authorized agent under the CCPA.
Other Rights
Some web browsers have a “Do Not Track” preference that transmits a “Do Not Track” header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser “Do Not Track” signals, as there is no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this Privacy Policy.
Complaints and Dispute Resolution
Shiftsmart commits to resolve complaints about our collection or use of your personal information. If you have any questions, comments or concerns about our Privacy Policy, or inquiries or complaints regarding our privacy policy, you may contact us at privacy@shiftsmart.com or by writing a letter to:Shiftsmart, Inc.ATTN: LegalOne World Trade Center, Suite 46LNew York, NY 10007Shiftsmart has further committed to refer unresolved privacy complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS at https://www.jamsadr.com/cybersecurity for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain conditions, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
