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Last Modified: January 9, 2024
Introduction
AnyShift created, develops, and maintains an online software and mobile platform on which businesses (“Partners”) and workers (“Shifters”) connect to fill one-time and/or recurring work opportunities. When you use our platform, including our websites, mobile applications, content, and services (collectively our “Services”), you share your information with us. Because we value your privacy, this policy (our “Privacy Policy”) describes how we collect, use, and share your personal data.
Please carefully read this Privacy Policy as by accessing or using our Services in any capacity, you agree to our Terms and expressly authorize us to collect, receive, use, retain, and disclose or transmit your Information to third parties as described. Because you cannot access or use our Services without accepting our Terms, if you have any questions, contact us at any@anyshift.com.
What We Collect
In this Privacy Policy, “we,” “us,” “our” and “AnyShift” all refer to AnyShift Technologies, Inc. dba AnyShift and our affiliates, and “you” and “your” refer to you, as a user of our Services as a Partner, Shifters, Reference, or otherwise. Similarly, we reference the collective information you provide us as your “Information,” which is comprised of your Personal Information, Non-Personal Information, and Usage Data.
“Personal Information” (sometimes called “Personally Identifiable Information”) refers to information which personally identifies you—whether alone or when combined with Usage Data and Non-Personal Information—including but not limited to your name, email address, social security number, mailing and/or physical address, mobile device number, telephone number, government identification number(s), date of birth, your photograph, and other information or data that identifies you.
Personal Information may also include information you provide us in connection with a payment service (“Payment Service”) offered to you as a convenience 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, as defined below. If you maintain in good standing an open business debit card account made available through AnyShift (an “AnyShift Debit Account”) for business-related expenses, we may collect information related to your AnyShift Debit Account, including your transactions and other activities pertaining to your use of that 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 information that meet the applicable statutory or other legal definition of “Personally Identifiable Information” or “Personal Information” for purposes of breach notification (“Statutory PII”).
“Non-Personal Information” refers to information that does not personally or specifically identify you, and may include aggregate or non-specific Usage Data and information about devices, operating systems, browsing activities, browsing histories, locations, dates and times of use of the Services, usage and traffic patterns, and other non-personally identifying analytics and information about users of our Services.
Information You Give Directly to Us
Partners and Shifters use our Services to match available work opportunities with available workers who possess a relevant skill set, and the information we collect is intended to support this goal. To make these worker connections, both parties must register for and maintain an active Services account (a “Registered Account”). For example, if you post a shift on behalf of a Partner or create a related Registered Account, we may collect your name, email address, and other Personal Information about you and the Partner. Similarly, if you are a Shifter, we may collect your name, email address, home address, and other Personal Information you submit as part of the registration, profile creation, or shift-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:
Information Created When You Use The Services
This includes:
Location Information: Depending on the Services you use and your mobile application settings or device permissions, AnyShift may collect your precise or approximate location information, as determined through data such as GPS, IP address, and WiFi. AnyShift collects location information when the mobile application is running in the foreground (mobile application open and on-screen) of your device. AnyShift 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 AnyShift 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 book a shift offered through our Services, you must enable AnyShift to collect your location information.
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 shift requests), dates, times and durations of j services engagements, engagement fees, purchases made with a business debit card (if you choose to use this service through AnyShift), and other related transaction details and information.
Usage and Preference Information: We collect information about how you interact with our Services, your preferences and settings chosen. In some cases we collect Usage Data through the use of cookies, web beacons, pixel tags and similar technologies that create and maintain unique identifiers. 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 email and is usually invisible to the user but allows checking whether a user has viewed the page or email. We use cookies, web beacons, pixel tags and similar technologies for several purposes, including to improve the quality of the Services and to make the Services 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.
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 Partners and Shifters, we enable users of our Services to communicate with each other directly through communications initiated by them through the Services. For example, we enable Partners and Shifters to contact one another directly through the Services. AnyShift 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. AnyShift 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, AnyShift 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, AnyShift 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 Partner from which you are seeking a shift, 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.
Address Book and Calendar Information: If you permit AnyShift or the Services (such as AnyShift’s mobile applications) to access the address book or contacts on your device, we may collect names and contact information (including phone numbers, phone labels, email addresses, mailing addresses and birthdays) from your address book to facilitate social interactions through our Services and for other purposes described in this Privacy Policy or at the time of consent or collection. If you permit the Services (including AnyShift’s mobile applications) to access the calendar on your device, we may collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location, and number of attendees. If you permit AnyShift or the Services to access your address book or contacts on your device, you expressly represent and warrant that you have the right to allow AnyShift to access your address book and contacts and that AnyShift has the right to use your address book and contacts in connection with the Services.
Information From Other Sources
This includes:
AnyShift 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, improve and market our Services. Such use includes but is not limited to using your Personal Information to:
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), including other users of the Services; (2) if you are a Partner, any persons or entities at your organization including those that may have created a Registered Account with us, and persons or entities designated by such organization; (3) if you are a Shifter, Partners that have posted or may post shifts on or through our Services and for which you have accepted or worked a shift through the Services and/or relevant and/or related third parties as determined by AnyShift in its sole discretion; (4) References; (5) third-party providers of services to us such as Internet hosting providers, Internet services providers, email distribution and email management providers, and software development or maintenance providers, provided that we have a reasonable belief that such third-party providers will maintain your Personal Information in confidence; (6) 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 (7) any other person or entity to whom we are permitted or required to disclose your Personal Information by law, regulation or other provision of this Privacy Policy or the Terms.
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
Notwithstanding anything to the contrary in this Privacy Policy, 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, Personal Information and/or Non-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 such 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 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.
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 any Non-Personal Information for any purpose.
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. 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 Shifters or Partners share any information or materials with respect to their Account access and shift 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, recruiter websites) and Internet resources, or incorporate third-party tools, services, APIs, SDKs, and widgets that are not owned, operated or controlled by us. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Service. For more information on how Google uses this data, go to
www.google.com/policies/privacy/partners/. In addition, the Services (including AnyShift’s websites and mobile applications) 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 third-party websites and Internet resources or by any such third parties in connection with such advertisements, sponsorships and promotions; or (b) any such third-party tools, services, APIs, SDKs and widgets. You should be aware, however, that providers of third-party tools, services, APIs, SDKs and widgets, and advertisements, sponsorships and promotions in the Services may utilize cookies, web beacons and other mechanisms to collect information from you about your use of the Services 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. You agree to review all applicable terms and use, privacy policies and other agreements provided by the applicable third parties.
Data From Users Outside The United States and Canada
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in Texas, USA only. If you choose to access the Services from locations outside the United States and Canada, such conduct is at your own risk and subject to the laws of the United States and Canada, 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, Canada, or any other country in which AnyShift 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 and Canada should not use or access the Services or disclose any information, including Personally Identifiable Information, through the Services. Individuals outside the United States and Canada who disclose any data through the Services, including Personally Identifiable Information, hereby acknowledge and consent to such data being stored in the United States, Canada or any other country, and transferred outside your country.
Ability To Accept; Our Commitment To Children’s Privacy
By using the Services, you affirm that you are at least 18 years of age and that you are competent to accept and have accepted the terms and conditions of this Privacy Policy. The Services are not aimed at nor intended for children under eighteen (18) years of age. If you are under the age of eighteen (18), please do not use the Services. AnyShift does not accept registration or profile creation from children under eighteen (18) years of age, and no one under the age of eighteen (18) may provide any information to or through the Services.
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 AnyShift or the Services. If you are a parent or guardian of a child under thirteen (13) years of age and believe your child disclosed information to us, please contact us by emailing us at any@AnyShift.com. 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.
Your Rights and Choices
You may decline to provide certain categories of Personal Information to us, and it’s your choice whether to put certain categories of 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 AnyShift 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.
Depending on your jurisdiction of residence, you may have the right to request access to, correction of, or deletion of your Personal Information. 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 AnyShift but will not change or affect any actions that AnyShift took in reliance upon your prior preferences, information, or authorization before the modification was made. If you have such a right depending on your jurisdiction of residence, you may also exercise your right to request access to your Personal Information or correct inaccurate Personal Information about you by emailing us at any@AnyShift.com.
Upon your written request, AnyShift will remove any of your Personal Information in its possession and will cease using such Personal Information, subject to the terms of this Privacy Policy and the Terms. You may request access to and removal of such Personal Information by emailing us at any@AnyShift.com. Please note that in certain circumstances, AnyShift may not be able to completely remove all Personal Information about a particular user from its systems. For example, AnyShift may retain Personal Information about a user for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law, or as retained in AnyShift’s data backup systems or cached or archived pages. All retained Personal Information will continue to be subject to the terms of the Privacy Policy to which the user has previously agreed. If you are a resident of Virginia and we deny your Personal Information request, you have the right to appeal our denial. You can exercise this right by emailing us at any@AnyShift.com
Changes
This Privacy Policy may be revised periodically and this will be reflected by a “last modified” legend at the top of this page. AnyShift reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. When any significant or material changes are made to this Privacy Policy, users will receive a notice on or through the Services for thirty (30) days before such changes take effect. After such thirty (30) days, the changes will become effective. Additionally, AnyShift will make reasonable efforts to email its users and otherwise provide notice of such changes on or through the Services notifying them of such changes. You understand that you have an affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes. The most current version of the Privacy Policy is available at https://AnyShift.com/legal/AnyShift-privacy-policy.
If you continue to use the Services after the effective date of changes to this Privacy Policy, you will be considered to have agreed to and accepted the changes. If you do not agree to the changes to the Privacy Policy, you have the option of closing your Registered Account and/or you can choose to stop using the Services.
Feel free to contact us any time if you have further questions about the Services or our privacy practices. If you have any questions regarding this Privacy Policy, please contact us via email at any@AnyShift.com with the word “Privacy” in the subject line.