Last Modified: May 10, 2018
Effective Date: June 10, 2018
Instawork collects information and makes it available to help create economic opportunity for local businesses and local professionals, globally. One of the main reasons we use the information is to help people find the right jobs and businesses to find the right people, either for temporary jobs (including gigs) or permanent jobs.
Personally Identifiable Information and Personal Information include information you may provide in connection with a payment or banking service (“Payment Service”) offered as a convenience to you in association with the 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 Services, 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 Services, browsing activity and browsing history, and features you have used (collectively, “Usage Data”). Personal Information and Personally Identifiable Information also include certain combinations of such information that meets the applicable statutory or other legal definition of “Personally Identifiable Information” or “Personal Information” for purposes of breach notification (such information, “Statutory PII”).
By registering and creating a Registered Account or using the Services in a way in which you disclose your Personally Identifiable Information, you consent to and authorize us to receive, view, display, use, disclose, transmit and maintain such Personally Identifiable Information on your behalf in connection with providing the Services to you. You acknowledge and agree that such Personally Identifiable Information may be transferred from your current location to our offices and servers and the authorized third parties referred to herein.
“Information” collectively refers to Personal Information, Non-Personal Information and Usage Data.
INFORMATION WE COLLECT
1. Information You Choose To Submit
The Services aim to match businesses with prospective workers who will be a good fit for a given job, and the information we collect is intended to support that goal. For example, if you post a job on behalf of a Business or created a related Registered Account, we may collect your name, email address and other Personal Information about you and the Business. Similarly, if you are a Worker, we may collect your name, email address, home address and other materials and other Personal Information you submit as part of the registration or application submission process or gig-matching process (including your resume, name and contact information for your References and related data pertinent to using the Services). Specifically, we collect information about you (including Personal Information) that you choose to submit to us in connection with your use of our Services, including information submitted when you:
· Create or update your Registered Account (including creating and updating information on your Worker or Business profile), which, depending on your location and the Services you use, may include your name, email, social security number, mobile device number, phone number, username and password, address, payment or banking information, government identification numbers, birth date and photographs
· Request certain services or features through the Services (such as through our mobile applications or websites)
· Contact Instawork, including for support
· Contact other users (including Workers, References or Businesses) through our Services
· Work gigs as a Worker through our Services
· Post gigs as a Business through our Services
· Complete surveys sent to you by Instawork or on behalf of Instawork
· Enable features that require Instawork’s access to your address book or calendar
2. Information Created When You Use The Services
· Location Information: Depending on the Services that you use, and your mobile application settings or device permissions, Instawork may collect your precise or approximate location information, as determined through data such as GPS, IP address and WiFi. Instawork collects location information when the mobile application is running in the foreground (mobile application open and on-screen) of your device. Instawork may collect this information when the mobile application is running in the background of your device if this collection is enabled through your application settings or device permissions. You may use the mobile application without enabling Instawork to collect your location information. However, this may affect the functionality of the mobile application and you may not be able to use all features of the Services. For example, to be considered for jobs or to work gigs offered through our Services, you must enable Instawork to collect your location information so that we can ensure you show up to interviews or gigs on time.
· Transaction Information: We collect transaction details and information related to your use of the Services, including the types of Services you requested or provided (such as work or job requests), dates, times and durations of jobs or services engagements, engagement fees, and other related transaction details and information.
· Device Information: We may collect information about the devices you use to access our Services, including any related Usage Data.
· Log Information: When you interact with our Services, 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 Services.
· Calls and Text Messages: In addition to our Communications with Businesses and Workers, we enable users to communicate with each other directly through communications initiated by them through the Services. For example, we enable Businesses and Workers to contact one another directly through the Services. Instawork 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. Instawork 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, Instawork 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, Instawork and its partners and affiliates may contact you at any telephone number(s) you provide in connection with your use of the Services. 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 Business from which you are seeking a temporary job (including a gig) or permanent job, 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.
3. Information From Other Sources
· Users providing feedback, ratings, reviews, references or compliments
· Instawork’s third party business partners through which you create or access your Registered Account, such as payment providers, social media services, or applications or websites who use Instawork's APIs or whose APIs Instawork uses
· Publicly available sources
· Marketing service providers
Instawork may combine the information collected from these sources with other information in its possession.
DISCLOSURE AND USE
We may use your Personal Information for a variety of purposes, including to provide, enhance, personalize, maintain and improve our Services. Such use includes using your Personal Information to:
· Contact you
· Match Businesses with Workers
· Process or facilitate payments related to the Services
· Allow References to provide references of Workers
· Enable communications between our users, including by and among Businesses and Workers
· Assist you when you contact us for support, including to direct your questions to the appropriate Instawork support representative, investigate and address your concerns, and monitor and improve our support responses
· Notify you of changes to our Services
· Conduct testing, research, analysis and product development to improve and enhance the safety and security of our Services
· Resolve disputes among users
· Solicit your feedback and input about our Services
· Communicate with you about products, services, promotions, studies, surveys, news, updates and events
· Promote and process contests and sweepstakes, fulfill any related awards and serve you relevant ads and content about our Services and those of our business partners
· Enable features that allow you to share information with other users, such as when you submit a review, rating or reference
· Enable features to personalize your Registered Account, including your profile
· Perform internal operations necessary to provide our Services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing and research, and to monitor and analyze usage and activity trends
· Investigate or address claims or disputes relating to your use of the Services, or as otherwise allowed by applicable law
We also may disclose Non-Personal Information to third parties in a manner that does not identify a particular individual. For example, and not by way of limitation, we may disclose aggregated Personal Information (i.e., Non-Personal Information) to marketing and research partners and/or for advertising, marketing and promotional purposes. In addition, we may identify job posting organizations in our Services and in our advertising, marketing and promotional materials.
OTHER AUTHORIZED DISCLOSURES
Any information shared by you with us may be shared with or transferred to any entity affiliated with us or any of our third party providers (including those located outside the European Union), no matter where located, for the purpose of providing you Services and improving the Services. By using the Services, you consent to this transfer and acknowledge that the Services provided to you and the functionality of the Services could not be provided without such a transfer. If you do not wish your information to be transferred in this way, do not use the Services.
We and our service providers employ certain procedural and technological security measures that are reasonably designed to help protect your Personal Information from loss, unauthorized access, disclosure, alteration or destruction. Such measures, or any data transmission over the Internet or any network, cannot be guaranteed to be perfectly secure or effective. As a result, we cannot ensure or guarantee the security of any information you transmit to us or that is submitted on your behalf, and such information is transmitted and submitted at your own risk.
You agree to keep your Personal Information private and confidential, and not to share information and materials that you receive by or through our Services with any third party other than through the general, non-commercial methods permitted by the Services. In no event may Workers or Businesses share any information or materials with respect to their Account access and job postings with any third party.
THIRD PARTY SITES, RESOURCES, TOOLS, SERVICES AND WIDGETS; ADVERTISEMENTS, SPONSORSHIPS AND PROMOTIONS
DATA FROM USERS OUTSIDE OF THE UNITED STATES
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States only. If you choose to access the Services from locations outside the United States, such conduct is at your own risk and subject to the laws of the United States, which may differ from privacy laws and regulations in your state or home country, and you are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where you are located. Personally Identifiable Information collected through or from using the Services may be stored and processed in the United States or any other country in which Instawork or its affiliates, subsidiaries, or agents maintain facilities, and by using the Services you consent to any such transfer of information outside of your country. Users from outside the United States should not use or access the Services or disclose any information, including Personally Identifiable Information, through the Services. Individuals outside the United States who disclose any data through the Services, including Personally Identifiable Information, hereby acknowledge and consent to such data being stored in the United States or any other country, and transferred outside your country.
ABILITY TO ACCEPT; OUR COMMITMENT TO CHILDREN’S PRIVACY
Additionally, no personally identifiable information (as defined in the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501) is purposefully or knowingly collected from children under the age of thirteen (13) by Instawork or the Services. If you are a parent or guardian of a child under thirteen (13) years of age, and believe that he or she disclosed information to us, please contact us by emailing us at firstname.lastname@example.org or writing to us at Instawork, PO Box 77714, San Francisco, CA 94107, Attention: Privacy. If we learn that we have collected or received Personally Identifiable Information of persons under thirteen (13) years of age without verification of parental consent, we will exercise commercially reasonable efforts to delete this information.
You may decline to provide any Personal Information to us and it’s your choice whether to put Personal Information on your profile. With respect to your profile, please do not post or add Personal Information to your profile that you would not want to be publicly available. If you choose not to provide any Personally Identifiable Information, you may not be able to use the Services or certain aspects of the Services, and we will not be able to provide you some of the features and functionality of the Services. You may also opt out of receiving emails and other messages from Instawork by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as messages regarding service engagements or information about your Registered Account.
If you wish to access, amend or update your Personal Information or account preferences, you may do so by logging into your Registered Account and saving your changes and preferences to your Registered Account. Each such modification by you will be effective upon receipt by Instawork but will not change or affect any actions that Instawork took in reliance upon your prior preferences, information or authorization before the modification was made.
YOUR CALIFORNIA PRIVACY RIGHTS
The following applies only to residents of California:
California Civil Code § 1798.83 permits users of our Services that are residents of California to request and obtain from us once a year, free of charge, a list of all third parties to which Instawork has disclosed certain personally identifiable information as defined under California law for such third parties’ direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please email us at email@example.com or write to us at PO Box 77714, San Francisco, CA 94107, Attention: Privacy. In your request, please specify that you want a “Your California Privacy Rights Notice.” Please allow thirty (30) days for a response.
The California Online Privacy Protection Act (“CalOPPA”) requires Instawork to disclose how it responds to Do Not Track signals set in a user’s web browser. Please note that the Services do not interpret or respond to "Do Not Track" signals. However, you may set your web browsers to not accept new cookies or web beacons, be notified when you receive a new cookie, or disable cookies altogether. Please note that without enabling these features, your experience of the Services you will not be able to take full advantage of all of the features of he Services. Please see the “Help” section of your web browsers for instructions on managing this security preference.