Last updated: June 1, 2017
- INFORMATION WE COLLECT
In connection with your access, use, and/or registration as a User, of the Platform, Company may collect the following information (collectively, “Information”):
- Personal Information: Information that could be directly associated with you, or used to contact or identify you, without the aid of additional information, such as your full name, phone number, address, email address, zip code, photograph, name of your business (if applicable), etc. (“Personal Information”). Company typically collects this type of information as part of the Registration Data that you provide when creating your Account Profile (defined below).
- Payment Information: Certain payment information, such as credit card or other financial account information, as well as billing address information.
- Usage Information: Information that is not Personal Information but that relates to your usage of the Platform or that is necessary for the proper functioning or improvement of the Platform, such as the time and date and the extent of your usage of the Platform, the location of where you access and/or use the Platform, the URL or advertisement that referred you to the Platform, the search terms you entered into a search engine that led you to the Platform, your usage preferences, areas within the Platform that you access or use, how you interact with other Users (which you acknowledge that Company is under no obligation to monitor), which User profiles you view, which User’s you interact and/or chat with, the mobile platform or service provider you use, your browser, your operating system, your IP address, and other unique device identifiers (“Usage Information”). Usage Information may also be collected by our third party service providers, including analytics and third party content providers.
- Platform Data: Other non-Personal Information such as demographic data, general gig-related data, and information related to the types of gig services you request or provide, as well as your Account username, which Company considers to be non-Personal Information since these are made public through the Platform and are viewable by other Users of the Platform (“Platform Data”).
While Usage Information and Platform Data are generally non-identifying on a standalone basis, Company may in certain instances combine this information with other information it collects, as described above. If Company ever combines Usage Information or Platform Data with Personal Information or other information that enables you to be identified, Company will treat such combined information as Personal Information.
- ACCOUNT PROFILES; GIG POSTS AND APPLICATIONS; USER RATINGS/FEEDBACK; PUBLIC AREAS
If you become a registered User of the Platform, you will be required to create an Account profile as part of the registration process, which consists of information about you, and may include Personal Information, photographs, examples of your work, information on work previously performed via the Platform and outside the Platform, skills, feedback/rating information and other information, including your Account username (“Profile”). The information in your Profile may be visible to all other Users of the Platform, and in certain cases the general public, subject to the privacy choices you make within your Account Profile settings. You may edit certain information in your Profile via your Account and may choose to limit who is able to view certain content you post to your Profile. If, in any case, you believe that an unauthorized Profile has been created about you, you can request for it to be removed by contacting us at email@example.com.
If you choose to post a gig request via the Platform, the contents of such gig post will be viewable publicly to all Users of the Platform, including certain Profile information that you have elected to make public via the Platform, which may be used to identify you as the User soliciting the gig request. If you choose to apply for a gig, certain Profile information that you have elected to make public via the Platform will be viewable by the User who created the gig request.
When gigs are completed, we ask Users to rate their experience with the other Users with whom they have completed such gigs, as well as to provide feedback about such experiences. Any feedback you provide or receive via the Platform will be publicly viewable by other Users of the Platform. On very rare occasions, we may remove feedback upon a User’s request pursuant to the relevant provisions of our Terms of Service.
- STORAGE AND TRANSFER OF INFORMATION
- USE OF INFORMATION
- DISCLOSURE OF INFORMATION
We may share aggregated Usage Information and Company Data and we may otherwise disclose non-Personal Information that we collect to third parties. However, except as expressly provided herein, absent your prior consent, Company does not share your Personal Information with any unrelated third parties.
If you enter into a Service Agreement with another User pursuant to the terms of the Terms of Service, we may provide such User with your name, company address, billing address, or tax ID or VAT number in order to complete facilitate and complete the transactions arising from the related gig. No User receiving your information is allowed to use it for purposes unrelated to the related gig, such as to contact you for marketing purposes, unless you have expressly consented to it. That being said, Company ultimately does not have any control over such Users and, aside from the right to terminate a User’s access to the Platform, cannot prevent such Users from using or treating your Personal Information in a manner that you do not consent to. You hereby acknowledge and agree that you are aware of this risk and that by using the Platform and entering into Service Agreements with other Users for the performance of gigs, Company shall not be responsible for the actions of any other User with respect to the treatment of your Personal Information that it may receive in connection therewith.
Company also works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide it with information regarding traffic on the Platform, including pages viewed and the actions taken when visiting the Platform; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Platform and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to, and activity on, the Platform as well as other websites or services, they may set and access their own tracking technologies on your device (including Cookies and Web Beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Platform or other online websites and services. We may also share certain non-Personal Information with these parties, in connection with the services they provide to us.
Company also reserves the right, and you hereby authorize Company, to share or disclose Information it collects, including your Personal Information, and any other information, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of such Information is necessary to identify, contact, or bring legal action against you if:
- you are interfering with Company’s or a third party’s rights or property;
- you are violating any applicable law, rule or regulation;
- necessary or required by any applicable law, rule or regulation;
- necessary or required for purposes of public importance; and/or
- requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
- CHANGING, UPDATING OR DELETING INFORMATION; CLOSING YOUR ACCOUNT
You may change, update or delete the Registration Data you provide Company via the Platform when creating your Profile by changing your Account Profile settings. You may also directly request that Company make a change or update to the Registration Data you provide by contacting Company via email at firstname.lastname@example.org (please include in the Subject line the words “Change in Registration Data”), or you may send Company an email at the same address to request that Company delete your Account Profile (please include in the Subject line the words “Delete My Account Profile”). We will be happy to review, update or remove information as appropriate. We may still retain your Information to resolve disputes, enforce the Terms of Service, or comply with legal requirements. In such case, your Information will not be used for any other purpose.
If you completely delete all of your Account information, then your Account may become deactivated. If your Account is deactivated or you ask to close your Account, or we terminate your Account pursuant to the Terms of Service, you will no longer be able to use the Platform. If you would like us to delete your Account in our system, you can do so by contacting customer service via email at email@example.com. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Platform even if you close your Account, including chat messages you posted to the Platform. In addition, your Personal Information may remain in our archives and Information you update or delete, or Information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete Information from our databases. In addition, we typically will not remove Information you posted publicly through or on the Platform. Bear in mind that neither you nor Company can delete all copies of Information that has been previously shared with others on the Platform.
- SECURITY; HOW WE PROTECT YOUR INFORMATION
Company takes a range of security measures designed to protect your Information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, the internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete security of any Information collected, stored or used by us cannot therefore be guaranteed. We have security standards and procedures in place designed to prevent unauthorized access to your Account Profile and Information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately.
Should you close your Account with us and terminate your use of the Platform, Company will remove all of your Registration Data and Information from Company products and your username will be available for any other users.
We note that anyone who has access to your username and password may be able to access your Information. Therefore, we encourage you to keep you username, password and other Profile information contained in your Registration Data confidential. You hereby acknowledge that Company shall not be responsible or liable for any dissemination of your Information that results from your disclosure of your username and/or password to any third party.
- NEWSLETTERS; ADMINISTRATIVE AND MARKETING COMMUNICATIONS
Company maintains a strict “no-spam” policy. If you register for the Platform, you may receive newsletters, notices and/or special offers via email or text message, unless you have requested otherwise at the time of registration or as set forth below. You may also receive other communications from us, such as administrative or service announcements or Account notifications.
You may unsubscribe from electronic newsletters, notices and/or special offers at any time by following the instructions contained at the very end of every such email or text message or elsewhere as directed by Company. If a third party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided by such third party. If you are having problems unsubscribing please contact us at firstname.lastname@example.org (forwarding the newsletter, if applicable, and including in the Subject line the words “Unsubscribe”), and you will be removed within seven (7) business days. Please note that Company will not process any unsubscribe requests submitted as direct replies to any newsletter.
- COOKIES; WEB BEACONS; EMBEDDED SCRIPTS
Web Beacons, also known as pixel tags and clear GIFs, (“Web Beacons”), are electronic images embedded in website pages and/or emails that allow a website to access cookies to personalize User visits, help evaluate the effectiveness of marketing campaigns and analyze general usage patterns of visitors to the Platform. No Personal Information about you is shared with third parties through the use of Web Beacons on the Platform. However, through Web Beacons, we may collect general information about our Users such as mobile platforms and service providers, internet browsers, operating systems, IP addresses, most and least likely times of visits and Platform navigation tendencies, all of which help us examine and improve the Platform’s effectiveness and features but will not personally identify you.
We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Platform, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Platform.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
- LINKS TO THIRD PARTIES
- DO NOT TRACK REQUESTS
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Company does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Personal testimonials we receive from satisfied Users of the Platform, in addition to other endorsements. If you provide us with a testimonial, with your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
- OTHER TERMS
- CHILDRENS’ PRIVACY
Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain Personal Information or non-personally-identifiable information on the Website from persons under 18 years of age, and no part of our Service is directed to persons under 18. If you are under 18 years of age, then please do not use or access the Website or Service at any time or in any manner. If Company learns that Personal Information of persons under 18 years of age has been collected without verified parental consent, then Company will take the appropriate steps to delete this information.
- IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that Company is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
- SWEEPSTAKES, CONTESTS AND PROMOTIONS
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
- SPECIAL NOTICE TO CALIFORNIA RESIDENTS
California Civil Code Section 1798.83 permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the preceding calendar year and the categories of Personal Information disclosed to those third parties. If you are a California resident, you may make such a request by contacting us at firstname.lastname@example.org (including in the Subject line the words “California Third Party List Request”).
- QUESTIONS OR CONCERNS