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
- 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.
- 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.
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.
- 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].
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.
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
- 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.
- 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.
- Opting Out of Direct Marketing by Third Parties. To exercise choices regarding the marketing information you receive, you may also review the following links:
- 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.
- 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.
- 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.
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
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.
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
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].
- 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
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.
Although we have not “sold” or “shared” personal data for money in the past 12 months, we engage in routine practices involving third parties that could be considered a “sale” or “sharing” as defined under California law. We do not knowingly sell or share any personal data of minors under the age of 16. We do not collect or process “sensitive personal information,” as defined by California law, to infer characteristics about you. Tymeshift only uses sensitive personal information consistent with the exceptions to the right to limit sensitive personal information.
b. Your Data Protection Rights:
Subject to legal limitations, certain California residents may have the below rights.
- Right to Know. You have the right to request information about the categories of personal data we have collected about you, the categories of sources from which we collected the personal data, the purposes for collecting the personal data, the categories of third parties to whom we have disclosed your personal data, and the purpose for which we disclosed your personal data (“Categories Report”). You may also request information about the specific pieces of personal data we have collected about you (“Specific Pieces Report”).
- Right to Delete. You have the right to request that we delete personal data that we have collected from you.
- Right to Correct. You have the right to request that we correct inaccurate personal data that we maintain about you.
- Right to Opt Out of Sale or Sharing. We do not sell personal data to third parties in exchange for money. However, as we explain in Section 1.C and our Cookies Policy, we share information with advertising partners and allow advertising partners to collect information from our Digital Properties. This exchange may be considered a “sale” or “sharing” under California law, and you have the right to opt out of this “sale” or “sharing” of personal data.
California residents may request to exercise the Right to Know, the Right to Delete, and the Right to Correct by [email protected], We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.
Verification: To process California data protection requests, we will need to obtain information to locate you in our records or verify your identity, depending on the nature of the request. In most cases, we will request information about you, which may include your name, email address, or other information. If you submit a Right to Know “Specific Pieces Report,” we may also request a signed declaration, under penalty of perjury, that you are who you say you are. We may request alternative information under certain circumstances and/or use third parties to help verify your identity.
Authorized Agents: Authorized agents may exercise California data protection rights on behalf of California individuals, but we reserve the right to verify the individual’s identity directly as described above. Authorized agents must contact us by submitting a request through our webform and indicate that they are submitting the request as an agent. We may require the agent to demonstrate authority to act on your behalf by providing signed permission from you. We may also require you to verify your own identity directly with us or to directly confirm with us that you provided the authorized agent permission to submit the request.
X. Children’s Information
The Services are intended only for users over the age of eighteen (18). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).
XI. Supplemental Information for Other Regions
- Canada: Personal data, as defined in the Personal Information Protection and Electronic Documents Act (“PIPEDA”) will be collected, stored, used, and/or processed by our group companies in accordance with our obligations under PIPEDA.
- Nevada: We do not presently sell personal data as defined under Nevada law. If you are a Nevada resident, you may nevertheless email us using the information above to exercise your right to opt-out of sale under Nevada Revised Statutes §603A et seq.
XIII. How to Contact Us
1806 W. Stone Ave
Fairfield, IA 52556
Email: [email protected]
Last updated: August 28, 2023