Privacy Policy

Version 1.04 (December 23 2018)

We at Tymeshift, LLC. (“Tymeshift,” “we,” “us,” “our”) know that our users (“you,” “your”) care about how your personal information is used and shared, and we take your privacy seriously. This privacy policy (the “Privacy Policy”) describes how Tymeshift, LLC. collects and uses the personal information you provide on our Website and Service. By visiting or using the Website or Service in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to us collecting, using, and sharing your information in the following ways. Any capitalized terms used, but not defined have the meaning given to them in the Tymeshift Terms of Service (http://tymeshift.wpengine.com/terms-of-service/).

USER CONSENT
By submitting or making available Application Data or any information by which you can be identified, including without limitation, your name, address, phone number, location data or other online identifier, (the “Personal Data”) through our Website, Service or related services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Application Data and Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

THIRD PARTY PROVIDERS AND CHILDREN UNDER 13
While the Website may link to third party websites or other third party provided content, this Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. The collection and use of your information by such third parties is governed by their terms of use and privacy policies. We encourage you to learn about the privacy practices of those third parties. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Service. No one under age 13 should provide any Personal Data to us or via the Website or Service.

PRIVACY SHIELD
Tymeshift complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (and Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. Tymeshift has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Tymeshift is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

Tymeshift remains responsible for any of your Personal Data that is shared under the onward transfer principle with third parties for external processing on our behalf, as described in the “DOES Tymeshift SHARE MY PERSONAL INFORMATION?” section below.

In compliance with the Privacy Shield Principles, Tymeshift commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Tymeshift by email at [email protected] or via post at:

Tymeshift
ATTN: Data Protection/Compliance Officer
2601 W. Briggs Ave.
Fairfield, Iowa 52556
United States

Tymeshift has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

We may be required to disclose Personal Data that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Tymeshift’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Tymeshift remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Tymeshift proves that it is not responsible for the event giving rise to the damage.

WHAT INFORMATION DOES TYMESHIFT COLLECT?
We gather various types of Personal Data from our users to personalize and improve the Service, to allow our users to set up a user account and profile, to contact users, to fulfill users’ requests for Service, to analyze how users utilize the Website and as otherwise set forth in this Privacy Policy. We collect the following types of information:

A. Personal Data You Provide to Us: We receive and store any information you provide to us. For example, we collect Personal Data such as your name, email address, and browser information. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymize your Personal Data so that you cannot be individually identified and provide that information to our partners.

The data Tymeshift collects is related to the productivity/performance of agents. Specifically, we collect Zendesk events on tickets, time spent on tickets and other activities, as well as satisfaction ratings. The personal data collected is related to your agents inside of Zendesk. Specifically, the agent’s profile name and email address.

B. Information Collected Automatically: Whenever you interact with our Website and/or our Products, we automatically receive and record “cookie” information on our server logs. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when you visit pages in our Website. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or devices’ acceptance of cookies, but this may prevent you from taking advantage of some of our Website’s features. To learn more about our use of cookies please review our Cookie Policy (www.tymeshift.com/cookie-policy). If you click on a link to a third party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

When you visit the Website, whether as a registered Tymeshift customer or a non-registered user just browsing, our servers automatically record certain information from your browser (“Log Data”). For example, Log Data may include information such as your computer’s internet protocol address, browser type, the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates and other statistics. We use this information to monitor and analyze use of the Website and the Service, for the Website’s technical administration, to increase our Website’s functionality and user-friendliness and to better tailor the Website to our visitors’ needs.

C. E-mail and Other Communications: We may contact you, by email or other means; for example, we may communicate with you about your use of the Website or Service. If you do not want to receive email or other mail from us, you may opt out at any time. Please note that we will send you legal notices governing your use of the Website and any other legally required notices for as long as you are a user of the Website or Service, even if you elect not to receive other kinds of communications from us.

DOES TYMESHIFT SHARE MY PERSONAL INFORMATION?
We share customer information only as described below:

Third-Party Service Providers: We provide personal information to a limited number of third-party providers (As referenced in section E) (“Providers”) to process it for us or to perform functions on our behalf, based on our instructions, and pursuant to the Onward Transfer Principle of Privacy Shield. Our Providers perform their services for us in compliance with our Privacy Policy and other appropriate confidentiality and security measures. We enter into contracts with our Providers which limit data processing to processing only for specified purposes and require our Providers to provide the same level of confidentiality protection as Tymeshift. We may have liability under Privacy Shield if both (i) the provider processes the personal data in a manner inconsistent with Privacy Shield and (ii) we are responsible for the event giving rise to the damage.

B. Blog and Social Media Pages: You may disclose Personal Data through the Tymeshift website, on message boards, chat, profile pages, blogs and other services to which you are able to post information and materials (including, without limitation, our Tymeshift Blog and the Tymeshift’s social media pages). This information may appear publicly, such as through search engines or other publicly available platforms and may be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.

C. Legal Reasons: We may share Personal Data outside of Tymeshift if reasonably necessary to (i) comply with applicable laws, regulations, legal process or enforceable governmental requests; or (ii) protect against harm to the rights, property, or safety of Tymeshift, our customers, or the public as permitted by law.

D. With Consent: Tymeshift does not sell your information and will not use customer data for any reason beyond those described in this Privacy Policy without your explicit consent.

E. Third-party providers:
A complete list of third-party providers is available at www.tymeshift.com/security under the “Sub-Processors” heading.

WHERE DOES TYMESHIFT STORE MY PERSONAL INFORMATION?
Data submitted to Tymeshift and Tymeshift’s application are hosted and stored in a secure, multi-tenant environment provided by Google’s Cloud Platform. Data is stored for each customer using variety of techniques for logical separation to ensure that no data is co-mingled. By default, the Google physical architecture that hosts Tymeshift is located in the United States. Customers who purchase the Enterprise plan are eligible to select an alternate datacenter, including a datacenter located in the EU, for the storage of their data. By submitting information, you agree to its transfer, storage or processing in the United States. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy.

IS THE PERSONAL INFORMATION SECURE?
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We endeavor to protect the privacy of your account and other Personal Data we hold in our records, but we cannot guarantee complete security. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software failure and other factors may compromise the security of user information at any time.

All data transfers within our datacenters are secured by SSL. If the Service is accessed via SSL, then all of the customer data Tymeshift collects is transmitted over SSL.

HOW DOES TYMESHIFT USE MY PERSONAL INFORMATION?
We use your data to provide you Service. We may also use your data for our own purposes related to the performance and maintenance of the Service and our documentation, for marketing for purposes and to otherwise communicate with you including, without limitation, for the following:

To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.

To send administrative information to you, for example, information regarding the services and changes to our terms, conditions and policies.

To provide you with customer service, which may include, pursuant to your specific request, use of Your Customer data in a de-aggregated, identifiable form.

To send you marketing communications, including via email, mobile and in-application messages and SMS in compliance with applicable laws that we believe may interest you.

To personalize your experience of the Service and our marketing websites by presenting products and offers tailored to you.

For our business purposes, such as data analysis; audits; fraud monitoring and prevention; developing new products; enhancing, improving or modifying our Website and Service; identifying usage trends; determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

HOW CAN I ACCESS, CORRECT, AMEND OR REMOVE INFORMATION ABOUT ME?
Because Tymeshift is an addon for Zendesk, all user data is controlled through Zendesk. If you wish to make changes to your personal data, such as, name, email address, and location, this information should be updated in Zendesk. Upon update in Zendesk, it will be subsequently updated in Tymeshift.

The information you can view, update and delete may change as the Website changes. If you would like to access, correct, amend, remove or limit the use or disclosure of any of your Personal Data that has been collected and stored by Tymeshift, including without limitation, pursuant to Privacy Shield, please notify us at [email protected] so that we may consider and respond to your request. You may be able to add, update or delete information by contacting us at [email protected] When you update any information we may maintain a copy of the unrevised information in our records.

Testimonials: We post customer testimonials, comments and reviews on our Website that may contain Personal Data. We obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from testimonials or comments please contact us at [email protected]

HOW LONG DOES TYMESHIFT KEEP MY DATA?
We will retain your information in the Tymeshift application as long as your account is active or is needed to provide you the Service in accordance with Tymeshift’s Terms of Service. You may request deletion of your account by contacting us at [email protected] Please note that some information may remain in our private business records after deletion of such information from your account. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated data derived from or incorporating your Personal Data after you update or delete it, but not in a manner that would identify you personally.

If a request to delete Your Employee’s Personal Data is received by Tymeshift directly from a data subject, we will log the request for tracking, but will not confirm the request until you approve it.

For non-registered visitors to our website, we will retain your information for up to seven years after your last contact with Tymeshift. You may request deletion of your Personal Data, as described in “HOW CAN I ACCESS, CORRECT, AMEND OR REMOVE INFORMATION ABOUT ME?” above.

WHAT CHOICES DO I HAVE?
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected]

Our Website offers publicly accessible commenting. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your Personal Data from our blog or community forum, contact us at [email protected] In some cases, there may be legal or business record reasons, including maintenance of internal customer service records, that we may not remove your Personal Data, in which case we will notify you.

CHANGES TO THIS PRIVACY POLICY
We may amend this Privacy Policy from time to time. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make material changes to this Privacy Policy or changes in the way we use Personal Data, we will post an announcement on our Website. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.

QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our privacy policies, please send us a detailed message at [email protected] We will make every effort to resolve your concerns.

Tymeshift
2601 W. Briggs Ave.
Fairfield, Iowa 52556
United States