Workyard Privacy Policy

Last Updated 9/15/2020

Purpose of Our Policy

Workyard Holdings, Inc. (“Workyard”, “we”, “us” or “our”) owns and operatescertain software as a service, mobile applications, website(s), and any other related sites or applications (collectively, the "Services”).  This Privacy Policy describes how we collect, use and disclose information including “Personal Information” about visitors to our website  www.workyard.com and/or our desktop and mobile apps (the “Website” and “Apps”), and users of the Services via either the Website or Apps.  “We use the term "Personal Information" to refer to information that, by itself or in combination, would permit someone to identify an individual.  Personal Information does not include de-identified or aggregated information that, by itself, does not permit the identification of individual persons.

By publishing this Privacy Policy we aim to make it easy for our visitors, customers and the public to understand what Personal Information we collectand store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.

By visiting the Website, the Apps or accessing the Services, you agree that your Personal Information will be handled as described in this Privacy Policy. Your use of our Website, Apps or Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Service (the “TOS”), including applicable limitations on damages and the resolution of disputes.  By visiting and using the Website, Apps or Services, you are deemed to have agreed to the provisions of this Privacy Policy.  If you do not want your Personal Information to be collected, please do not submit it to us or use the Website, Apps or Services.

We handle Personal Information in our own right and also for and on behalf ofour visitors and customers. Our Privacy Policy does not apply to information we collect about companies or other entities that are our clients; however, it does apply to Personal Information about the people associated with our clients that we may obtain.

The Privacy Policy applies to all forms of Personal Information, physical and digital, whether collected or stored electronically or in hardcopy.
If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.

Personal Information We Collect

In the course of our normal business activities, we collect Personal Information, as well as other information about visitors to the Website, the Apps and users of the Services. Collecting certain Personal Information allowsus to identify who an individual is for the purposes of our business, share Personal Information when necessary or legally required, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:

a. Access Information.  We also may automatically collect the followinginformation about your access to the Website and Apps and use of our Services through cookies, web beacons, and other tracking technologies: your domain name; your browser type and operating system; page views; links you click; your IP address; location information; the length of time you visit our Site and or use our Services; referring URL; access date and time; mobile device ID; location and language information; device name and model; operating system type, name, and version; your activities on the Website or within the Apps; and the length of time that you are logged into our Website or Apps. We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other Personal Information.

b. Identity Information. We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other similar information.  This identity information is needed for individuals who are registered to participate in our staffing and payroll services.

c. Account.  Certain Services require that users register and open an account by creating login credentials (ID and password), along with providing name and contact information.

d. Contact Information. We may collect information such as an individual’s email address, telephone and fax number, residential, business and postal address and other information that allows us to contact the individual.

e. Financial Information. We collect financial information of our business clients who use our Services, such as bank or credit card information.  We do not collect financial information belonging to individuals.

f. Statistical Information. We may collect information about an individual’s online activities and preferences when accessing the Website, Apps or Services for statistical and analytics purposes.  However, we do not track individuals’ online activities on other websites or apps or their offline preferences.

g. Location Information.  We collect individuals’ location information from mobile devices when a user is clocked in using our App.

h. Other Information. We may also collect other information from individuals, such as information an individual sends us, posts on the Services or otherwise shares with us as part of an email or other communication.

We do not knowingly collect “sensitive” or “special” categories of Personal Information. We reserve the right and discretion to create, use and disclose anonymous and aggregate information, i.e., information about specific individuals or groups of individuals from which personal identifiers have been removed and specific individuals cannot be identified.

How Personal Information Is Collected

We collect Personal Information when you directly engage with us, such as by using one of our Services.  However, we may also collect Personal Information from sources such as online advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:

a. Registrations/Subscriptions. When an individual registers or subscribes for a Service(s); creates an account or otherwise provides Personal Information in order to receive or access a Service or otherwise enter into a transaction with us;

b. Sharing with other Users. When an individual provides Personal Information to other users of the Website or Services;

c. Supply. When an individual supplies us with goods or Services;

d. Contact. When an individual contacts us in any way (email, phone, text);

e. Access. When an individual accesses us online or through our Apps.

f. Social Media.  If you interact with us via a social media platform (such as Facebook), the platform’s privacy policies regarding Personal Information you provide on the platform will apply and not this Privacy Policy.

g. Third Party Sources. We may also collect certain information about our business clients and affiliated individuals from third parties.

h. Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether an email or other electronic messages has been opened.

When you download and use our Apps, we may also collect device-specific information, including your device model, operating system information, advertising ID (which is a unique, user-resettable identification number for advertising associated with a mobile device) and Apps version and usage information.  We collect location information from mobile devices during the time a user is logged into and using our Apps.  Once the user logs out of the Apps, we stop collecting any location information.

How Personal Information Is Used and Disclosed

We will not use any Personal Information other than for the purpose for which it was collected or otherwise get the individual’s permission before using it for another purpose. Generally, Personal Information we collect is used to enable us to operate our business and provide the Services.  More specifically, we use Personal Information for:

• Providing the requested goods and services.

• Verifying an individual’s identity.

• Communicating with an individual about their relationship with us, our goods and services and our own marketing and promotions to customers and prospects.

• Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity.

• Managing your account and provide you with customer support.

• Diagnosing or preventing a service or technology problems associated with the Website, the Apps or the Services.

• Developing or displaying content and advertising, if any, tailored to your interests on our Website, the Apps or third-party websites.

• Performing research and analysis about your use of, or interest in, our products, Services, or other content offered on the Website, Apps or Services.

• Protecting our legitimate interests (or those of a third party) and your interest and fundamental rights do not override those interests.

• Complying with a legal obligation.

• As required or permitted by any law.

We may or be required to disclose Personal Information in the following manner:

• Affiliates –These may be subsidiaries or affiliates in the same group of companies as us.  These companies will only use your Personal Information consistent with this Privacy Policy.

• Authorized Service Providers – These are third parties who provide a service to us, for example analytics services regarding the use of our Website, Apps or Services. These third parties will only be allowed to use your Personal Information in accordance with our instructions and not for any other purposes. They are also required to keep your information confidential and secure.

• Law enforcement, Regulators and Other Parties for Legal Reasons – These are third parties to whom we may be under a legal obligation to disclose your Personal Information to or who we need to disclose your Personal Information to protect our rights, property or safety or the rights, property or safety of others, detect and investigate illegal activities and breaches of any agreement we have with you.

• Buyers of our business – We may share Personal Information in connection with a substantial corporate transaction, such as the
possible sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

• Aggregated and Non-Personal Information -- We may share aggregated or de-identified information with third parties, including service providers, advisors, advertisers and investors, for the purpose of conducting analytics regarding our Website, the Apps or the Services and for general business analysis. We also may combine non-Personal Information we collect with additional non-Personal Information collected from other sources.

• With Your Consent – We may disclose your Personal Information to a third party if and when you give us express permission to do so.

We do not sell or trade Personal Information to third parties for their marketing or promotional purposes.

Cookies and Other Tracking Technologies

Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. We use cookies to improve the Website, for example by remembering you when you return; to provide, analyze, understand and enhance the use of our Services; to enforce our terms; to prevent fraud; to improve the Website’s performance, monitor visitor traffic and actions on the Website; and to deliver and tailor our marketing or advertising, and to understand interactions with our emails, marketing, and online ads on third party websites.

The following is a description of the types of cookies deployed on the Website:

• Strictly Necessary Cookies: These cookies are strictly necessary to provide the Website. For example, they are used to authenticate and identify returning users.

• Performance and Functionality Cookies: These cookies provide statistical information on site usage, such as web analytics.  They also help us to personalize and enhance your online experience.

Some of these cookies may relate to activities only for the time you are viewing the Website (“session cookies”).  Other cookies may remain on your computer after you have closed your browser or turned off your computer (“persistent cookies”). Just like any other usage information we collect, this information allows us to improve the Website, customize your online experience, serve interest-based advertising on other websites, and as otherwise described in this Privacy Policy.  You can set your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. However, if you set your browser to disable all cookies or opt out, some features of the Website, Apps or Services may not function properly. To disable or opt out of cookies, please see below (“Your Choices”).

If you use our Apps on our desktop, a mobile device, tablet, or streaming media device, we may collect a Resettable Device Identifier from your device. Resettable Device Identifiers (also known as mobile advertising identifiers) are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" (or IDFA) on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. We use your device’s Resettable Device Identifier only for our analytics and optimization purposes and not to serve you any advertising on the Apps.  Your device’s operating system allows you to adjust your settings to opt out of providing this identifier.

This Privacy Policy does not cover the use of cookies used by third parties, and we are not responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Website.

Interest-Based Advertising -- Advertisers may download cookies onto your computer, or use other technology like web beacons, to enable them to recognize your computer each time they send you an advertisement, even when you are visiting another website. As a result, the advertiser would have the ability to deliver interest-based advertisements that they believe would be of most interest to you. We do not have access to or control of the cookies that may be placed on your computer by third-party advertisers.  To find out how to opt out of interest-based advertising, please see below (“Your Choices”).

Other Tracking Technologies -- Like many websites, we may use standard Internet technology, such as web beacons, site tags, clear GIFs and other similar technologies, to collect and maintain information about your activity when visiting the Website, the Apps, the Services or other websites. We also may include web beacons or pixels in transactional and/or promotional e-mail messages to determine whether messages have been acted upon. The information we obtain in this manner enables us to customize the services we offer our visitors to measure the overall effectiveness of our content, programming, outreach, or other activities.

Your Choices

We strive to provide you with appropriate choices regarding the Personal Information you provide to us. We have created the following mechanisms to
provide you choices and control over your information.  Please contact us via email help@workyard.com if you have any questions.

Other Uses -- We will not collect, use, or disclose your Personal Information in any ways or for any purposes that are materially different from those set forth herein. However, if we wish to do so in the future, we will obtain your consent first, and offer you the choice to opt-out of such proposed collection, use, or disclosure.

Promotional or Marketing Messages – If we send you promotional or marketing messages, you will be able to opt out of receiving our marketing or promotional email communications by using the “Unsubscribe” feature at the bottom of each email from us or by requesting to opt out by emailing us at help@workyard.com. Please note that you cannot opt out of receiving transactional communications from us regarding Services you request, your account with us or other transactional or administrative issues.

Cookies -- You have the ability to disable or opt-out of certain cookies by going to the Cookie Preferences on your browser.  Also, you can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.  If you choose to disable cookies or opt out, please note that you may not be able to sign in or use some of the features offered by the Website, Apps or Services.

Account Information – If you are a registered user, you can access your account and update or delete your Personal Information at any time.  

Google Analytics - We use Google Analytics to help us manage and improve the Website, Apps and Services.  Google provides a Browser Add-On that allows you to opt-out by downloading and installing the add-on for your web browser, available at https://tools.google.com/dlpage/gaoptout

Security

We have implemented appropriate physical, electronic, and managerial policies and procedures to secure all collected Personal Information. We bind our employees to observe your privacy and confidentiality rights. Be advised, however, that the Internet is not 100% secure and no security system is perfect, and we cannot guarantee, and you should not expect, that your information will be secure in all circumstances.

For registered users of our Services, please do not provide your login credentials, including your password, to another person. We cannot be responsible for a data breach or other incident if theses credentials are used by unauthorized persons. If you no longer intend to use the Services, please
inform us so that we may close your account and delete your Personal Information.

Certain Services may enable you and other users to enter certain content, data and other information (“Content”).   You are advised to consider carefully before including any Personal Information in the Content.  This Content, including any Personal Information, may be available to other users or become publicly available.  For example, if you post your email address, you may receive unsolicited messages.  We do not monitor this user Content and are not responsible for it.  We cannot control who reads your Content or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your Personal Information. Once you have posted information, you may not be able to edit or delete such information. Applicable guidelines for user Content are described in the TOS.

We will retain your Personal Information in active files or systems as long as needed to meet the purposes for which it was collected, to provide the Services you requested, or as otherwise may be required by law.

Your Rights

Users of our Services can access and update their Personal Information from within their Workyard account or profile.

Subject to applicable law, an individual has the right to request from us a copy of what Personal Information that we have collected or to ask to correct or update their Personal Information.  Individuals can also request that we delete their Personal Information from our systems and records.  (Note that if we delete your Personal Information, you may not be able to continue to access our Services.)

We still strive to respond to these requests with 30 days.  Whenever you directly provide us with your Personal Information, please be sure it is accurate and complete.  We cannot be responsible for any information you provide to us that is incomplete or incorrect.

California Privacy Rights

Pursuant to California’s “Shine The Light law (California Statute § 1798.983), California residents are entitled to request, once a year and free of charge, certain information regarding what types of their personal information may be shared with third parties and, in some cases, affiliates, for those third
parties’ and affiliates’ own direct marketing purposes. Under the law, a business is to either provide California customers certain information upon request or permit California customers to opt out of this type of sharing.  You may request this information by contacting us at help@workyard.com and indicate in the subject line, “California Shine The Light Request.”  Please include your mailing address and email address with your request.  Please note, however, that we do not disclose Personal Information to third parties for their promotional or marketing purposes.

Do Not Track

Some web browsers and devices allow you to broadcast a preference that your activities online not be “tracked.” At this time, the Website and Apps do not honor “do not track” signals.

Complaints & Disputes

If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us. If we become aware of any unauthorized access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

Children

The Website and Services are intended exclusively for persons 18 years and older.  We do not knowingly collect Personal or other information from persons under 18 years of age. If you are under 18, you should not provide your Personal Information to us. If you believe that we might have any Personal Information from a child under 18, please contact us at the details at help@workyard.com so that we may delete it.

Third-Party Links

The Website and the Services may include links to other websites controlled by third parties.  Workyard does not control or manage these third-party websites, and we are not responsible for the privacy practices of other companies and their websites.  You are encouraged to review the privacy practices of all companies and websites before you disclose your Personal Information.

No Rights Of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any Personal Information relating to users of the Website, the Apps and the Services.

How We Communicate With You

From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.

Contacting Us

All correspondence regarding this Privacy Policy should be addressed to:

Workyard Holdings, Inc.

340 S LEMON AVE #9675

WALNUT, CA 91789

hello@workyard.com

Changes To This Privacy Policy

We may occasionally update this Privacy Policy to reflect changes in our practices and Services. When we post changes to this Privacy Policy, we will revise the “Last Updated” date at the top of this Privacy Policy. By continuing to use our Website or Services after we modify this Privacy Policy, you accept the new version of the Privacy Policy. Therefore, it is important that you read this policy regularly to ensure you are familiar with its most updated terms. If you do not agree to the changes, you should not continue to use the Website or Services and should instead contact us by emailing help@workyard.com.

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