Privacy Notice

Tymeshift Inc., its parents, subsidiaries, affiliates, and related entities (hereinafter referred to as “Tymeshift,” “us,” “we,” “our,” or “Company”) have created this Privacy Notice to apply to all use of and interaction with this website (tymeshift.com), all interactions with Tymeshift online (including emailing us and inquiring about or engaging in commercial transactions with us), and all other digital properties, products, and services, contained, or offered on(collectively, our “Services”).  This Privacy Notice describes, among other things, the types of information we collect from users when you use our Services, how we use it, and how you can access your information.

This Privacy Notice only applies when Tymeshift is the Controller of your information (example: website visitors’ personal data and business-to-business contact data). Tymeshift is a Processor, not a Controller, of information that we process on behalf of our customers when they use Tymeshift business products. If you have questions related to how a Tymeshift customer utilizes your information, please contact them directly. We are not responsible for the privacy or data security practices of our business customers. This Privacy Notice also does not apply to personal data about current and former Tymeshift employees, job candidates, or contractors and agents acting in similar roles. 

This Privacy Notice does not apply to information collected or obtained by any third party, including through any application or content that may link to or be accessible from or on theServices.  This Privacy Notice is integrated into our Terms &Conditions of Use (“Terms & Conditions”).  

If you are based in the European Union (EU), the European Economic Area (“EEA”), which includes all EU countries, or the United Kingdom (UK), this Privacy Notice serves as notice of how we process your Personal Data (defined below) for which we are a Controller (defined below).  Please see the Notice to Individuals in the European Economic Area and the UK below for your EU privacy rights, which supplements the Privacy Notice as to users located in the EU, EEA, or UK only.  If we require your consent, we will request it formally, in adherence to applicable data protection laws.

By visiting or using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Notice and you hereby consent to us collecting, using, and sharing your information in the following ways.  If you have any privacy or data use concerns, please contact us as set out below under the heading “How to Contact Us.”  

I. Information We Collect About You

We may collect the following types of information about you which are described in more detail below: (A) information you provide to us, (B) information we may automatically collect, and (C) information we may receive from third parties.  All of the information listed in (A)-(C) above, are detailed below, and hereinafter referred to as “Information.”

A. Information You Provide to Us

When using our Services, you may provide us with Information, including, without limitation:

• Contact information and other identifiers such as your name, address, email address, phone number;
• Content of your communications with us, opinions in chat options and online forms we provide;
• Transactional and commercial information such as your preferences,     purchasing history or tendencies, and banking information;
• Audio, electronic, visual, and other sensory information, such as CCTV recordings of our premises(e.g., if you visit our offices), recordings of your interactions with our sales or advocacy teams (e.g., for quality assurance or training purposes, in accordance with applicable laws), or customer support chat or messaging logs.
• Access to your approximate geo-location based on your IP address, mobile device location, or other information you provide to us (such as city and state you provide through a webform);  
• Inferences, such as marketing you are likely to react positively to;
• Sensitive personal information, such as proof of vaccination or race and ethnicity (optional) (where permissible under applicable law); and
• Additional information as otherwise described to you at the point of     collection or pursuant to your consent.

B. Information We May Automatically Collect About You

Our Services may automatically collect certain Information about you.  This Information is used by Tymeshift for the operation of the Services, to maintain quality of the Services, and to provide general statistics regarding use of the Services.  This Information may include:

• IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider);
• Date and time of your visit or use of our Services;
• Domain server from which you are using our Services;
• Type of computer, web browsers, search engine used, operating system, or platform you use;
• Data identifying the web pages you visited prior to and after visiting our website or use of our Services;
• Your movement and activity within the website and details about how you     engage with our Services (including emails);
• Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”); and
• Device identifiers, such as advertising identifiers.

C. Cookies & Technologies Used to Collect Information About You

We collect the above Information directly and through the use of third parties. We collect this Information by using certain technologies, such as cookies, web beacons, and other technologies.  Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons.  Some tracking technologies enable us to track your device activity over time and across devices and websites. While some browsers have incorporated Do Not Track or DNT preferences, we do not honor such signals from web browsers at this time. Please see our Cookie Policy for additional information about our use of cookies and related trackers.

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting, you may be unable to access certain parts of our Services.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
• Flash Cookies. We may use local shared objects, also known as Flash cookies, to store your preferences such as volume control or display content based upon what you view on our site to personalize your visit.  Third parties, with whom we partner to provide certain features or to display advertising based upon your browsing activity, use Flash cookies to collect and store information.  Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.  Cookie management tools provided by your browser will not remove Flash cookies.
• Web Beacons. Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).  We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services.  These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf.  Our Services use retargeting pixels from Google, Facebook, and other ad networks.  We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
• Analytics. Analytics are tools we use, such as Google Analytics and HubSpot Analytics to help provide us with information about traffic to our website and use of our Services, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.  Learn more about Google’s Privacy Notice here: https://policies.google.com/privacy?hl=en-US.  You can opt out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.
• Mobile Application Technologies.  If you access our Services through a mobile device, we may automatically collect Information about your device, your phone number, and your physical location.

D. Information We May Receive from Third Parties

We may collect additional Information about you from third-party websites, social media platforms, such as, but not limited to, Twitter, Facebook, and Instagram (“Social Media Platforms”), and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

This Privacy Notice only applies to Information collected by our Services.  We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP addresses).  You should contact such third parties directly to determine their respective privacy policies.  Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

II. How We Use Your Information

A. Use and Purpose of Processing Your Information

We use and process your Information for things that may include, but are not limited to, the following:

• To provide you with the Services and information you request;
• For hiring and employment purposes when you submit job requests to us;
• To respond to your inquiries and provide you with requested information and other communications, including by email or text messages;
• To send you requested materials and newsletters, as well as information and materials regarding our products and Services;
• For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
• To fulfill contracts we have with you;
• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies;
• To manage, improve and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
• To maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
• To comply with our Terms & Conditions;
• For analytics for business purposes and business intelligence, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving, or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities;
• For legal, safety, or security reasons, including to comply with legal requirements; establish, exercise, or defend against legal claims; protect the safety, security, and integrity of our property and the rights of those who interact with us or others; investigate any content or conduct policy violations; and detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity. These safety purposes may also involve collecting and processing special categories of personal data (i.e., health data) for office visits and events where necessary for public health or as required by applicable law;
• To fulfill a referral request when you use our referral services to tell a friend about our Services, including by using the name, email address, title, and company name that you provide us to contact the person you are referring. You must only provide others’ personal data if you have their consent to do so;
• For diversity, equity, and inclusion purposes, including to understand and analyze the diversity of our business customers and others we interact with;
• In connection with corporate transactions, such as sales, mergers, acquisitions, bankruptcy, and other corporate events; and
• For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

B. Sharing Your Information

We may disclose anonymized aggregated information about our users that does not identify any individual, without any restriction.

We may share your Information as set forth in the Privacy Notice and in the following circumstances:

• Affiliates and subsidiaries, which includes parent and ultimate holding companies, affiliates, subsidiaries, business units, and other companies that we acquire in the future.
• Third-Party Service Providers.  We may share your Information with third-party service providers or data processors that perform certain functions or services on our behalf (such as to host the Services, provide services, store, or manage the data, perform analyses, process payments, provide customer service, or send communications for us).  These third-party service providers will process this data only for purposes specified by us.  In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.
• Professional advisors, such as lawyers, accountants, and auditors.
• Companies that operate Cookies and Tracking Technologies, such as marketing and advertising partners.
• Business partners who we partner with to jointly market or sell our products and Services.
• Disclosure of Information for Legal and Administrative Reasons.  We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the website Service users; (v) to enforce or apply our Terms & Conditions; and (vi) to verify the identity of the user of our Services.
• Business Transfers.  Your Information may be transferred, sold, or otherwise conveyed to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.  You agree to any and all such conveyances of your Information.
• De-Identified or Aggregated Data.  We may share your Information on an aggregated basis for any purpose in which your specific personal Information is blinded, masked or otherwise not identifiable.
• Testimonials. We post customer testimonials, comments and reviews on our Services that may contain your Information. Prior to posting the testimonial, we obtain the customer’s consent via email prior to posting the testimonial. To request removal of your Information from testimonials or comments, please contact us at [email protected].
• With Your Consent.  We may share Information consistent with this Privacy Notice with your consent.

Except as provided in this Privacy Notice, we will not sell, exchange, trade, or disclose your Information we have collected without your consent.

III. Links to Other Websites

Our Services may contain links to other websites or services that are not owned or controlled by us, and may include links to Social Media Platforms such as Twitter or Instagram.  These links may redirect you off our website away from our Services to other websites for information, other services, or to receive special offers, or for transactions or purchases.

This Privacy Notice only applies to Information collected by our Services.  We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP addresses).  You should contact such third parties directly to determine their respective privacy policies.  Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

IV. Information Security

We use commercially reasonable measures to protect Information we receive from misuse, acquisition, deletion or unauthorized access or disclosure.  We have controls in place designed to secure and safeguard such Information, however, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure.  Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure.  We do not guarantee that your Information will not be misused by third parties.  We are not responsible for the circumvention of any privacy settings or security features.  You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person, you should promptly contact us via the How to Contact Us section so that we can quickly take necessary measures.

V. Data Retention

We will retain your Information for as long as needed to provide you Services.  If you wish to request that we no longer use your Information to provide you Services, please contact us at [email protected].  We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us.  We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

VI. Your Choices

1. Marketing Communications.  By using our Services, you agree that we may contact you by email as set forth herein.  If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or see How to Contact Us below for more information.
2. Location Choices. You can change the privacy settings of your device at any time to turn off the sharing of location information with our Services.  If you choose to turn off location services, this could affect certain features or services of our Services.  If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.
3. Opting Out of Direct Marketing by Third Parties.  To exercise choices regarding the marketing information you receive, you may also review the following links:
4. You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.
5. You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
6. You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.

VII. Notice to Individuals in the European Economic Area and the UK

This section applies only to individuals coming to our Services from within the European Union (EU), the European Economic Area (EEA), and the UK, and only if we collect through the Services any Information from you that is considered “Personal Data,” as defined in the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.

Personal Data includes any information relating to an identified or identifiable natural person, who could be identified either directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person (which may include some or all your Information as defined in this Privacy Notice).  

The Personal Data processed for the purposes of this Section VII are described under Section I above and will be referred to as “Information”.

A. Identity and Contact Details of Controller

The entity with which you have a primary relationship (such as the entity that concluded the Services contract with you; the entity that has provided you with marketing materials and promotional communications; or the primary entity in the region where you access our Site) is the controller within the scope of this Privacy Notice. In the majority of cases, this will be Tymeshift, unless we specifically inform you otherwise.

B. Your Data Protection Rights

To the extent the GDPR and Data Protection Act 2018 apply, and we hold your Information in our capacity as a Data Controller as defined under those laws, you may request that we:

• Restrict the way that we process and share your Information;
• Transfer your Information to a third party;
• Provide you with access to your Information;  
• Remove your Information if no longer necessary for the purposes collected;
• Update your Information so it is correct and not out of date; and/or
• Object to our processing of your Information.  

You may also revoke your consent for processing of your Information.  If you wish to object to the use and processing of your Information or withdraw consent to this Privacy Notice in accordance with this Privacy Notice, you can contact us in the following ways:

Email:  [email protected]
Write us: 1806 W. Stone Ave, Fairfield, IA 52556, USA

The requests above will be considered and responded to in the time-period stated by applicable law.  Note, certain Information may be exempt from such requests the exercise of certain rights under applicable law may be subject to limitations and conditions. These restrictions are in accordance with legal obligations and may affect your ability to fully exercise your rights.  We may require additional Information from you to confirm your identity in responding to such requests.

You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.  Please contact us at:

Email:  [email protected]
Write us: 1806 W. Stone Ave, Fairfield, IA 52556, USA

C. Lawful Basis for Processing Your Information  

The lawful basis for our processing of your Information will depend on the purposes of the processing.  For most Information processing activities covered by this Privacy Notice, the lawful basis is that the processing is necessary for our legitimate business interests.  Where we process your Information in relation to a contract, or a potential contract, with you, the lawful basis is that the processing is necessary for the performance of our contract with you or to take steps at your request prior to entering into a contract.  If we are required to share Information with law enforcement agencies or other governmental bodies, we do so on the basis that we are under a legal obligation to do so.  We will also use consent as the legal basis where we deem appropriate or to the extent required by applicable law, for example, before we collect precise location data from your mobile device.

Depending on what Information we collect from you and how we collect it, we may also rely on various grounds for processing your Information, including the following reasons:

If the processing of your Information is based on your consent, the GDPR and Data Protection Act 2018 also allow users the right to access, revoke or modify your consent at any time.  Please see the How to Contact Us section, below, to review or modify your consents. 

D. International Transfer

Due to the global nature of our operations, some of the recipients of your Information may be located in countries outside the EEA, Switzerland, or the U.K., which do not provide an adequate level of data protection as defined by data protection laws in the EEA, Switzerland, and the U.K. Transfers within the our group of parents, subsidiaries and affiliates, or to third parties located in such third countries take place using a valid data transfer mechanism, such as the EU Standard Contractual Clauses and/or the U.K. Addendum to such clauses, approved Binding Corporate Rules, approved codes of conduct and certifications mechanisms, on the basis of permissible statutory derogations, or any other valid data transfer mechanism issued or approved by the EEA, Swiss, or U.K. authorities. More information on (including a copy of) our Binding Corporate Rules is available here, and evidence of our Binding Corporate Rules approval is available on the European Data Protection Board’s website here. Certain third countries have been officially recognized by the EEA, Swiss, and U.K. authorities as providing an adequate level of protection and no further safeguards are necessary. Please reach out to us at [email protected] if you wish to receive further information about how we transfer Information or, where available, a copy of the relevant data transfer mechanism.

E. Data Protection Officer

Data Protection Officer: The contact details for our data protection officer areas follows: Zendesk, Inc., Attn: Privacy Team and DPO, 989 Market Street, SanFrancisco, CA 94103, United States, [email protected].

F. Retention

We will retain your Information for as long as needed for the purposes described in this Privacy Notice.  More specifically, the time we maintain your Information depends on the following factors:

• Whether we need the Information to provide the Services.  We will maintain any data needed to provide you with the Services, such as contact information and payment or transaction information, for as long as needed for us to provide you with the Services, respond to your questions and requests, and/or administer your account (if applicable).
• Whether we need the Information to comply with our legal obligations.  We may have legal obligations to maintain your Information where a legal or regulatory body may ask for it in the future, for example in response to a data subject request or complaint.  This information may include contact information and location information.
• Whether we need the Information for the establishment, defense, and exercise of legal claims. Your Information may be stored for the purpose of the establishment, defense, or exercise of legal claims, even after the Information no longer needs to be processed for the provision of the Services.
• Whether we need the Information for a legitimate business interest. We may store Information like contact information, cookies, and location information in order to perform analytics, troubleshoot errors, or improve our Services.  In any event, we delete the Information when it is no longer needed for our legitimate interest.

Regardless of our reason for retaining your Information, we delete all Information in accordance with our routine record keeping policies.

VIII. Geographic Location of Data Storage and Processing

Our Services collect Information and process and store that Information in databases located in the United States.  As such, we may store and process Information on servers located outside of the country where you originally deposited the data.  If you are visiting the Services from a country outside the United States, you should be aware that you may transfer personally identifiable information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country.

IX. Supplemental Terms for California Residents

Pursuant to the California Consumer Privacy Act (“CCPA”), this Section 10 applies to certain personal data collected about California individuals where Tymeshift controls how and why the personal data is processed (which the CCPA calls a “business”) and supplements the rest of our Privacy Notice above. This Section IX does not apply to current or former employees, applicants, contractors, or agents.

Additional Data Processing Disclosures:
The below table provides the categories of Information we disclose for a business purpose or have sold, shared, or disclosed to third parties, as defined by the California Privacy Rights Act.