Last Updated: April 2, 2019
This 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 website (shiftsmart.com and shiftsmart.co) and the Shiftsmart Platform (collectively, the “Sites”), the Shiftsmart mobile app (the “App”), 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 App.
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.
EU–U.S. Privacy Shield and Swiss–U.S. Privacy Shield
Shiftsmart participates in the EU-U.S. Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework. Shiftsmart is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov.
Shiftsmart is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. Shiftsmart complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Shiftsmart is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
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, 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.
Shiftsmart collects information that you provide, such as when you create or update your Shiftsmart account; submit payment data (i.e., bank account/routing number); request services through the App or Sites; contact Shiftsmart, including for customer support; submit comments to Shiftsmart; subscribe to an email newsletter or email alerts; 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.
Shiftsmart 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 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.
Shiftsmart also collects information from third parties, including insurance providers (if you are a driver); financial services providers; publicly available sources; and marketing service providers. Shiftsmart may combine the information collected from these sources with other information in its possession.
How We Use Your Information
The 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; for research, testing, and development; and to perform internal operations necessary to provide our services, including troubleshooting. Shiftsmart may use this information 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.
We occasionally hire other companies to provide limited services on our behalf, such as processing monetary transactions (e.g., credit card transactions, making payments to you, etc.), sending 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. We require these companies to maintain the confidentiality of the information they receive, and prohibit them from using the information for any other purpose.
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 to improve the overall user experience. This information is used to analyze trends, administer the Sites, track user’s movement around the Sites, 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.
Cookies and Third Party Technologies
Shiftsmart uses cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this 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 e-mail 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.
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 the Sites, you consent to the collection and use of information as described above.
Information Sharing and Disclosure
The App 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 use of such features enables the sharing of 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 other users. Shiftsmart may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners to help facilitate insurance coverage, to conduct surveys on our behalf, and to process payments for our services. Shiftsmart 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 may share your information other than as described in this policy at your request or if we notify you and you consent to the sharing.
Cross Linking
Shiftsmart 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 and Deletion
Shiftsmart is committed to the security of your personal information. Shiftsmart, together with its 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.
Choice and Transparency
Shiftsmart provides means for you to see and control the information that Shiftsmart collects. 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 messages, 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 legal@shiftsmart.com
In certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity before responding to such requests.
If you are a resident of the 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 EEA.
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.
Complaints and Dispute Resolution
In compliance with the Privacy Shield Principles, 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 Shield policy, you may contact us at legal@shiftsmart.com or by writing a letter to:
Shiftsmart
ATTN: LEGAL
16479 North Dallas Parkway, Suite 315
Addison, TX 75001
Shiftsmart has further committed to refer unresolved Privacy Shield 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/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
