ShiftPixy, Inc., its subsidiaries, and affiliated entities (including any such entities which ShiftPixy, Inc. has hired or contracted with to support the Platform (as defined below)), (collectively, “ShiftPixy,” “we,” “our,” “us”) has adopted this Privacy Policy (“Policy”) explaining ShiftPixy’s privacy practices. The following discloses our information-gathering and information-dissemination practices for: (1) the ShiftPixy website —www.ShiftPixy.com (the “ShiftPixy Site”); (2) the ShiftPixy Labs website – www.Labs.ShiftPixy.com (the “Labs Site”) (the ShiftPixy Site and the Labs Site are referred to herein collectively as the “Sites”); and (3) our mobile applications, including ShiftPixy, ShiftPixy Labs, ZiPixy and our Human Resources Information System Technology Platform, to which this Policy applies(the “Application,” and together with the Sites are referred to herein collectively as the “Platform”).
By using the Platform, you warrant and represent (a) that you have read, understand, and agree to all terms and conditions stated herein, including our Terms and Conditions of Use policy, available here, which is incorporated herein by reference, which govern the use of the Platform offered by ShiftPixy, and (b) that you are authorizing ShiftPixy to use and store any personal information you choose to share via the Platform consistent with this Policy and our Terms.
A user of the Platform is hereinafter referred to as a “User,” or collectively, the “Users.”
INFORMATION RECEIVED BY SHIFTPIXY
Personal Information.
ShiftPixy collects personal information only if you voluntarily choose to share such information with ShiftPixy. You may browse the Sites without disclosing any personal information. Please refer to the “Website Terms and Conditions of Use” policy for more information. However, to take advantage of job or employment opportunities (“Shifts”) provided through the Platform, we may require that you furnish personal information. Personal information may include your name, physical address, date of birth, email address and mobile device number. When you register an “Account” as a “Shift Worker,” you will provide extensive personal information to allow ShiftPixy to process pay for you in connection with Shifts you perform. (See section on “Shifter Data” below). We may also ask that you complete various surveys in connection with your activities as a Shift Worker. If you otherwise complete forms for surveys, optional programs, or unique offerings such as special offers, contests, or sweepstakes, or transmit communications through the Platform, we collect the information that you provide in connection with such instances. You also may choose to send ShiftPixy personal identifying information in an email message containing information or inquiries about the Platform.
Anonymous or Aggregated Data. ShiftPixy collects and stores certain data about the use of the Site and the Platform on an aggregate and/or anonymous basis. Unless otherwise indicated in this Policy, ShiftPixy does not link this category of information to anything personally identifiable to you.
Cookies and Other Technologies. When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit. Like many websites, we may use “cookies” to collect information. A cookie is a small data file that we transfer to your device for record-keeping purposes. We may utilize persistent cookies that only ShiftPixy can read and use to save your login information for future logins to the Platform, to assist in processing, to hold session information, and to track User preferences. We may utilize “session ID cookies” to enable certain features of the Platform, to better understand how you interact with the Sites and to monitor aggregate usage by our Users and web traffic routing on the Sites and the Platform, to track the number of entries in ShiftPixy promotions, special offers, sweepstakes and contests and to identify visited areas of the Sites and the Platform. Unlike persistent ID cookies, session ID cookies are deleted from your computer when you log off from the Sites and the Platform and then close your browser. Third party advertisers on the Sites may also place or read cookies on your browser, and we may use “Flash cookies” (or local shared objects) to store your preferences or display content based upon what you view on our site to personalize your visit. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Sites and/or the Platform, as applicable. We and our Platform providers may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Platform and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about the Sites and the Platform usage and response rates. We may also engage one or more third party service providers to serve online advertisements on our behalf. They may use a “pixel tag” to collect anonymous information about your visits to the Sites and to other websites, and they may use that information to target advertisements for goods and Platforms. This information is collected anonymously, in a manner that does not personally identify you.
IP Address. When you visit and interact with the Sites, ShiftPixy may collect your Internet Protocol Address (“IP Address”), which is a number that is automatically assigned to the computer that you are using by your internet platform provider. This number is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Sites and for fraud prevention purposes.
Financial Information. Under certain circumstances, such as when you are making a purchase on our Sites or through the Application, we may also require you to provide us with your financial information, including billing name, address and credit card number (“Financial Information”). We use Financial Information solely as authorized by you in accordance with the Terms and Conditions of Use of the Platform and other terms and conditions including privacy policies and terms of use of third-party payment processors that process payments in connection with the Platform.
SHIFTER DATA
ShiftPixy also collects and uses personal data regarding individuals who perform work for or assigned to ShiftPixy clients (“Shifter Data”), which may include name, address, job title and -Shift-related information, location, qualifications, training, compensation information, identification number, employment history, and a copy of any applicable employment agreements.
As an employer, we are obligated to maintain as Shifter Data all employment-related records as required by law and to process all legally required information and payments, including tax payments, associated with your compensation. We may also request that you participate in surveys from time to time regarding your activities as a Shift Worker, and collect personal information about you, including your name, mailing address, phone number, email address, and certain financial information.
Only authorized ShiftPixy staff have access to your personal information in its entirety. In order to facilitate the services we provide our clients – your worksite location supervising or managing entity – will have access to your personal information as well. Other ShiftPixy staff may have access to portions of this information if it pertains to their job duties. All government required Shifter Data is transmitted as required by law. In addition, all Shifter Data associated with benefit offerings, including retirement plans, health plans, dental plans, etc., is provided to the associated offering vendors to enable them to process and administer benefits under their respective plans. If an employee experiences a work-related injury, the employee’s Shifter Data must be shared with insurance and legal professionals as necessary to assess, process and administer the claim and related benefits. Our technology contractors may be required to access Shifter Data either individually or on an aggregate basis because of the need to assess and administer processes; such vendors are contractually required to maintain the confidentiality of Shifter Data.
Shifter Data is otherwise used for the purposes of facilitating the performance of certain administrative tasks and functions relating to general employment and for processing and investigating reports under ShiftPixy’s policies and procedures.
We may also contract with various third parties (“Agents”) who help us provide, maintain, manage, and improve the Sites and the Platform and the services we provide and the services and products we offer and sell, and such Agents may have access to your personal information in order to perform their services. For example, we may subcontract out production, fulfillment, analytics, reporting or other operations. We may also use Agents to help us measure the effectiveness of our advertising, and communications. We will enter into confidentiality and non-disclosure agreements with all Agents that have access to your personal information which will prohibit them from using or disclosing your personal information except for the purpose of providing services to use. We intend to take commercially reasonable steps to enforce such non-disclosure and confidentiality agreements when we become aware of any violations.
SHIFTPIXY’S USE OF PERSONAL INFORMATION
ShiftPixy uses personal information for the following general purposes:
- to provide our services and the Platform,
- for billing, identification and authentication, and fraud prevention,
- to analyze the Sites’ usage and improve our products and the Platform,
- to contact you and deliver administrative notices and communications relevant to your use of the Platform,
- for internal market research, troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity,
- for distribution to third-party contractors that provide services to ShiftPixy and partners of ShiftPixy who are bound by privacy restrictions at least as restrictive as those set forth in this Policy,
- to enforce our Terms and Conditions of Use, and as otherwise set forth in the Policy.
Although we endeavor to assure that our Agents receiving your information are bound by privacy restrictions at least as restrictive as those set forth in this policy, ShiftPixy is not responsible for any issues that may arise regarding the privacy policies of any of its Agents. By using the Sites, you hereby agree to hold ShiftPixy harmless from any claims and/or damages that may arise from the actions of any of its Agents.
Aside from the uses of Shifter Data as set forth above, three things steer ShiftPixy’s decisions regarding the use of information collected from Users: (1) enabling effective use of the Platform by Shift Workers and our clients, (2) improving User experience by offering personalized application modifications, content and advertising, and (3) market research.
Advertisements are a standard part of user experience on the Internet, and ShiftPixy believes that targeted advertising enhances this experience. ShiftPixy may accordingly use Cookies and other technologies and personal information to place advertisements where we believe interested parties will see them.
In addition to banner advertisements, ShiftPixy may advertise products, companies and events that we think might interest you through the email address you voluntarily provide. ShiftPixy may analyze personal information and “Web Navigational Data” based on your interests and may use the analysis from this information in a way that doesn’t reveal a User’s personal information (“Market Research”) in order to:
- promote the Platform
- increase the likelihood that a User’s experience with the Platform is relevant to his or her interests
ShiftPixy may use data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, to Users who can be presumed to have an interest based on results from our Market Research, or to Users in direct response to their selections, requests or inquiries.
ShiftPixy may use your cell phone number to call or text you in order to provide services associated with the Platform. In addition, your cell phone number may be made available to interested clients to enable them to contact you in connection with the provision of Shifts and other information associated with the Platform. ShiftPixy may use your email address to send you messages.
CHOICE/OPT-OUT
You may opt-out of receiving communications from us and our Agents, remove your information from our database, and choose to not receive future communications related to the Platform – provided such communication or information is not required by ShiftPixy to be (a) sent, or (b) maintained in the ordinary course of its role as an employer or to adhere to any applicable information or data retention requirements (required by law or regulation or with internal information and data retention policies).
We do not, however, monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
If you receive unsolicited email from a ShiftPixy domain, please contact us at support@shiftpixy.com.
If you would like more information about our policy, or to opt out, please review our Terms and Conditions of Use, available here or email support@shiftpixy.com.
SHIFTPIXY’S INFORMATION RETENTION POLICY
To preserve the integrity of our databases, we may retain information submitted by Users for an indefinite length of time. If required by law, we will delete personal information by erasing it from our database, and/or we will retain such information for the time required by law, as applicable. We will also respond to User requests to delete or correct Account or personal information, which you can do by contacting ShiftPixy at support@shiftpixy.com. However, we are obligated by law to maintain Shifter Data for various time periods as required by law.
VIDEOS AND IMAGES OF USERS
Each User who has provided ShiftPixy, by uploading to the Platform or otherwise, audio, video or photographic information, hereby consents to our use of these materials in accordance with our Terms and Conditions of Use, available here.
GEOLOCATION
When you use the Application, we may use GPS (or other similar) technology to determine your current location in order to (a) display shift work opportunities on a location map that are near you, (b) share your location with clients to enable them to understand your proximity to work opportunities that they may be offering to Shift Workers, (c) track and document shift work on the Platform including checking in / out, managing driver fleets (including the tracking of speed for liability and insurance reasons), and recommending Shift Workers to scheduling managers, and (d) track your location for purposes of determining when you take rest breaks, lunch breaks, time off and otherwise as you check in and check out of work at a particular location.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the Application located in your account settings or in your mobile phone settings and/or within the Application. However, deactivating such features will limit or eliminate your ability to find available shift work opportunities.
SHIFTPIXY’S SECURITY OF COLLECTED INFORMATION
Your ShiftPixy Account is password-protected so that only you and authorized ShiftPixy staff have access to your Account information. In order to maintain this protection, do not give your password to anyone. If someone represents to you that they are ShiftPixy staff and asks for any personal Account information, including password, check their URL. If it does not say they are support@shiftpixy.com, they are not from ShiftPixy. Also, if you share a computer or an app on your mobile device, you should sign out of your ShiftPixy Account and close the browser window before someone else logs on or otherwise handles, accesses or uses your computer or mobile device. This will help protect your information entered on devices from disclosure to third parties.
ShiftPixy makes every effort to ensure that your information is secure on its system by backing up data in separate back-up drives and uses public key access encryption and firewalls on both our main and backup servers. We also employ customer record managers to protect against loss, misuse, and alteration of the information under our control. Extremely sensitive information, like credit card numbers, is always transmitted in encrypted form. Only certain authorized ShiftPixy staff can access personal information, and then only if it is relevant to their job duties.
ShiftPixy has staff and contractors who are dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security and making sure that every ShiftPixy employee is aware of our security practices. We take commercially reasonable steps to protect personal information from loss, misuse and unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and no security system is impenetrable. As a result, ShiftPixy cannot guarantee the security of our databases or the databases of third parties with which we may share such information, nor can we guarantee the security of any information you transmit to us, and you do so at your own risk. While ShiftPixy will endeavor to use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold ShiftPixy harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms and Conditions of Use, available here. ShiftPixy expressly disclaims any liability that may arise should any other individuals obtain the information you submit to this website.
SHIFTPIXY’S SHARING OF INFORMATION
Except as detailed above with regard to Shifter Data, when you submit information to ShiftPixy, it is collected, processed and maintained solely by us or by Agents or contractors who are bound by privacy restrictions at least as restrictive as those set forth in this policy. We may allow third party entities to collect information about Users as set forth in this Policy. If you would like to opt out from the onward transfer of your information to such third-party entities, you may send us an email at support@shiftpixy.com. Include the word “privacy” in the subject line of the email and all your registration information in the body of the email.
Some ShiftPixy content may be “sponsored by” or “presented by” other companies. ShiftPixy may share market research data (offers extended, responses, number of active or inactive Accounts) collected on this website or via email surveys with these entities. This information, if shared, will be aggregated and not linked to specific users.
Of course, as a Shift Worker, a leading purpose of your use of the Platform is to endeavor to secure Shifts from clients, so your personal information is provided as appropriate to make such clients aware of your identity, geolocation, rating, etc., and your use of the Platform constitutes your consent to such disclosures.
Agents may sponsor promotions, contests or sweepstakes or offer opportunities that require you to reveal details such as your name, address or phone number. Always check their privacy policy before revealing information about yourself. If you do not want these sponsors to have your personal information, you can choose to not participate.
ShiftPixy reserves the right to disclose personal information from both private and public areas of this website at our discretion, if required by law or if we are given reason to believe, in our sole discretion, that someone is causing injury to or interference with the rights, property or safety of Users, the general public, or ShiftPixy, to comply with a judicial proceeding, court order or legal process.
We will not transfer to a non-Agent third party any personal information that is sensitive in nature, such as information specifying your medical or health condition, racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership without your prior affirmative consent.
Finally, ShiftPixy reserves the right to transfer, sell and/or distribute all information collected through the Platform to an affiliate, subsidiary, or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock. We will use our best efforts to ensure that the new entity follows this Privacy Policy with respect to your personal information, as and to the extent required by applicable law.
EDITING USER INFORMATION
ShiftPixy provides you the ability to access and edit your personal information. To update your personal info, click “My Account” at the top of any page. There you can view, update and correct your Account information. You may edit your account information at any time; all you need is your username and password.
So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children
under eighteen (18) are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users’ ages. Please contact us at support@shiftpixy.com to find out how to change information you cannot access through your account.
Our databases automatically update any personal information you edit in your profile, or that you request we edit. Information transmitted through the Platform remains in our databases and becomes the property of ShiftPixy upon submission.
LINKS
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
CHILDREN’S INFORMATION
We believe it is important to provide added protection for children online and adhere to the Children’s Online Privacy Protection Act of 1998. We encourage parents and guardians to spend time online with their children to observe, participate in and/or monitor and guide their online activity. ShiftPixy does not knowingly collect any personally identifiable information from children under the age of thirteen (13). We ask that minors (under the age of thirteen (13)) not use the Platform. If a parent or guardian believes that ShiftPixy has in its database the personally-identifiable information of a child under the age of thirteen (13), please contact us immediately, and we will endeavor to promptly remove such information from our records.
ONLINE PRIVACY POLICY ONLY
This Policy applies only to the Platform activities and is valid for visitors to the Platform and regarding information shared and/or collected there. This Policy does not apply to any information collected offline or via channels other than the Platform (including information obtained or collected from our clients).
NOTIFICATION OF CHANGES
This Policy is effective as of the date stated at the top of this Policy. ShiftPixy’s policies are periodically reviewed and enhanced as necessary. As such, this Policy might change as ShiftPixy updates and expands the Platform. Any changes will be posted (via accessible link) on the Platform. By accessing the Platform after we make such changes to this Policy, you are deemed to have accepted such changes. ShiftPixy also encourages you to review this Policy periodically. If you do not understand any of the terms or conditions of any of ShiftPixy’s policies, you may inquire regarding the same via email at support@shiftpixy.com.
USERS FROM OUTSIDE THE UNITED STATES
ShiftPixy and the Platform are based in the U.S., and ShiftPixy’s offices are headquartered in the U.S. Please be aware that information you provide to ShiftPixy that it obtains as a result of your use of the Platform may be processed and transferred to the U.S. and be subject to U.S. law. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using the Site, participating in any of the Platform, or by providing ShiftPixy with your information, you irrevocably and unconditionally consent to this collection, transfer, storage, and processing of information to and in the U.S. ShiftPixy will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy Policy. ShiftPixy does not solicit or offer any of its services to any individual subject to or located in any territory (within the European Union or European Economic Area) subject to the General Data Protection Regulation. Furthermore, we do not monitor any such individual’s behavior as far as their behavior takes place within the European Union or European Economic Area.
CONTACTING SHIFTPIXY
If you have technical problems, questions or other issues related to your use of the Platform, or if you have any questions about this Policy or our compliance therewith, please click the “Contact Us” on the home page or at the bottom of any page of this website. You can also contact us at support@shiftpixy.com.
ShiftPixy’s staff will endeavor to respond to all reasonable requests sent through mail or email from Users and parents interested in knowing more about what personal information is stored on the ShiftPixy database, or if they want their personal information nullified, or have additional questions regarding privacy.