Instawork Privacy Policy (12/1/2016)

In effect December 1, 2016

Instawork collects information and makes it available to help people find the right jobs and employers find the right people.

This Privacy Policy is part of the Instawork Terms of Use (the “Terms”) and your use of our website and other Services is subject to this Privacy Policy and the Terms. All defined terms not defined herein have the meaning ascribed to them in the Terms. By using the Services (including our website and any other Instawork services), you consent to the collection, use and disclosure of your information as outlined in this Privacy Policy.

Please read this Privacy Policy carefully, and if you have any questions, contact us at the address provided at the end of this Privacy Policy. By using our Services, you agree to the terms and conditions contained in this Privacy Policy and any other agreement that we might have with you. If you do not agree with any of the terms and conditions of this policy, do not use our website or any other Services.

For purposes of this Privacy Policy, “Personal Information” is information that specifically identifies an individual, whether alone or when combined with Usage Data and “Non-Personal Information” is information that does not specifically identify an individual. “Usage Data” is defined below.

Information You Choose To Submit

We collect information about you that you choose to submit to us in connection with your use of our Services. The Services aim to match employers with prospective employees who will be a good fit for a given job, and the information we collect is all intended to support that goal. For example, if you post a job on behalf of your Business or establish an employer account, we may collect your name, email address and other information about you and your organization. Similarly, if you are an Applicant, we may collect your name, email address, home address and other materials and information you submit as part of your job submission (including your resume, name and contact information for your references or “vouchers” and related data pertinent to using our job marketplace and information from your contacts to match with information in our database). If you give us access to your Contacts, we also may use this information to contact your vouchers or to make your contacts aware of our services if those services may be relevant to them.

Information We May Automatically Collect

We may automatically collect certain information to help us understand how our users use our Services, including your Internet Protocol (IP) address, the pages you have visited, the date and time of visits, your location, browser type and operating system type (which we will refer to in this Privacy Policy collectively as “Usage Data”). In addition, we collect Usage Data using technologies called “cookies” and “web beacons.” A cookie is a piece of data or text file on your computer that identifies you as a unique user. A web beacon is an object that is embedded in a page or e-mail and is usually invisible to the user but allows checking that a user has viewed the page or e-mail. We use cookies and/or web beacons for a number of purposes, including to improve the quality of the site and to make the site easier to use. We may combine Usage Data with Personal Information in a manner that enables us to trace Usage Data to an individual user, and may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information as provided herein (whether Usage Data is combined with any Personal Information or otherwise).

As more particularly described below in this Privacy Policy, we sometimes use certain third party tools and services to assist us in collecting Usage Data. Certain of the third party tools and services use cookies or web beacons to help analyze how users use the Services. We do not access or control these third party cookies or web beacons, however, we may have access to data generated from their use, such as when we view analytics reports provided by such third party tools and services.

Disclosure and Use

Except as otherwise provided in this Privacy Policy, we will not disclose your Personal Information to any third party unless the third party is a Permitted Recipient. You agree that we may disclose your Personal Information to the following “Permitted Recipients:” (1) persons or entities that you permit to access or receive your Personal Information (your permission being reasonably determined from your actions in view of the circumstances); (2) if you are a Business, any persons or entities at your organization including those that may have created an employer account with us, and persons or entities designated by such organization; (3) if you are an Applicant, to organizations that have posted or may post jobs on our Services and for which you have submitted an application through the Services; (4) providers of services to us such as an Internet hosting provider, Internet services provider, email distribution and email management providers and software development or maintenance providers, provided that we have a reasonable belief that such providers will maintain your Personal Information in confidence; (5) to third parties that provide services enabling us to market and advertise our Services and other content that has been customized for you through targeted advertising, targeted content and other means; and (6) any other person or entity to whom we are permitted or required to disclose your Personal Information by law or other provision of this Privacy Policy.

We also may disclose 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 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.

We may use your Personal Information for a variety of purposes. For example, we may use your Personal Information to provide, maintain and improve our Services, including the information we provide to you via the Services. If you are a Business, Applicant or a subscriber to our job alerts or email newsletters, we may also use your Personal Information to contact you, such as to notify you of changes to our Services, to conduct research, to resolve disputes and to solicit your feedback and input about our Services.

Other Authorized Disclosures

Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that we may collect, use, preserve and disclose any information (including, without limitation, Usage Data and Personal Information): (1) in response to subpoenas, court orders, legal process or when otherwise required by law, or to establish, protect, or exercise our legal rights or defend against legal claims in our sole discretion, (2) to protect our rights and property or the public, including the enforcement of this Privacy Policy and any other agreement we may have with you or your organization (as applicable), (3) if we believe it is necessary in order to investigate, prevent, or take action regarding unauthorized distribution of another's intellectual property or information, illegal activities, fraud, or situations involving potential threats to the safety of any person (provided, however, that we have no obligation to do so), or (4) that is available to the general public.

We may, from time to time, assign or transfer all or a portion of the Usage Data and/or Personal Information and its rights and obligations hereunder to one or more third parties (whether in connection with a sale of assets, a merger or otherwise), in which case the successor or assignee will agree to abide by the obligations under this Privacy Policy with respect to the Usage Data and Personal Information transferred to such successor or assignee (unless otherwise agreed to by you and such successor or assignee).

Any information shared by you with us may be shared with or transferred to any entity affiliated with us or third party provider (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.

In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use, disclose, assign and transfer for any purpose, any Non-Personal Information.

Security

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. None of such measures, or any data transmission over the Internet or any network, can 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 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

Our Services may link to other websites (including, without limitation, employer and recruiter websites) and Internet resources, or incorporate third party tools, services and widgets, that are not owned, operated or controlled by us. In addition, the website may contain advertisements, sponsorships and promotions of third parties. This Privacy Policy does not cover any information that may be collected from you by (a) such other websites and Internet resources or by any of such third parties in connection with such advertisements, sponsorships and promotions; or (b) any such third party tools, services and widgets. You should be aware, however, that providers of third party tools, services and widgets, and advertisements, sponsorships and promotions on the website may utilize cookies, web beacons and other mechanisms to collect information from you about your visits to the website and other websites in order to, among other things, provide additional functionality, advertisements, sponsorships and promotions about information, products or services that may be of interest to you. We are not responsible for any: (i) information, products or services available on or through any linked sites or resources, or through any such advertisements, sponsorships and promotions; (ii) third party tools, services or widgets; or (iii) third party terms of use, privacy policies or information collection, use and disclosure practices. We recommend that you review all of terms and use and privacy policies provided by the applicable third parties.

Ability to Accept

By using the Services, you affirm that you are competent to accept, and have accepted, the terms and conditions of this Privacy Policy and are at least 18 years of age.

Changes

This Privacy Policy may be modified at any time and for any reason and without notice to you, other than the posting of the modified Privacy Policy at our website or through our Services, including our mobile applications. The provisions contained herein supersede all previous notices or statements regarding our privacy practices. You agree to check back and review this Privacy Policy periodically and agree that you are bound by the provisions of this Privacy Policy, as may be modified from time to time. If we are going to use Personal Information collected through the Services in a manner materially different from that stated at the time of collection, then we will notify users via email and/or by posting a notice on our website or in the Services or both for 30 days prior to such use or by other means as required or permitted by law.

Your California Privacy Rights

Under California Civil Code sections 1798.83, California residents are entitled to ask us for a notice describing what categories of personal information (as defined therein) we share with third parties for those third parties’ direct marketing purposes. California residents who would like a copy of this notice or who have questions or concerns about our privacy practices and policies may contact us at support@instawork.com or write to us at Instawork, 500 3 rd Street, #525, San Francisco, CA 94107, Attention: Privacy. In your request, please specify that you want a “Your California Privacy Rights Notice.” Please allow 30 days for a response.

Additional Questions

Feel free to contact us any time if you have further questions about the Services. If you have any questions regarding this Privacy Policy, please contact us via email at support@instawork.com with the word “Privacy” in the subject line. Alternatively, you can write to us at Instawork, 500 3 rd Street, #525, San Francisco, CA 94107, Attention: Privacy.