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Last modified: January 9, 2024
Introduction
AnyShift has developed and maintains an online software and mobile platform where companies ("Partners") and workers ("Shifters") can connect to fill one-time and/or recurring job opportunities. When you use our platform, including our websites, mobile applications, content, and services (collectively our "Services"), you share your data with us. Because your privacy is important to us, this policy (our "Privacy Policy") describes how we collect, use, and share your personal data.
Please read this Privacy Policy carefully, as by accessing or using our Services in any capacity, you agree to our Terms and expressly consent to our collection, receipt, use, retention, and disclosure or transfer of your Information to third parties as described. Since you cannot access or use our Services without accepting our Terms, you may contact us at any@anyshift.com if you have any questions.
What We Collect
In this Privacy Policy, "we", "us", "our" and "AnyShift" refer to AnyShift BV. AnyShift and our affiliates, and "you" and "your" refer to you, as a user of our Services as a Partner, Shifter, Reference, or otherwise. Likewise, we refer to the collective information you provide to us as your "Information", which consists of your Personal Information, Non-Personal Information, and Usage Data.
“Personal Information” (sometimes called "Personally Identifiable Information") refers to information that personally identifies you—whether alone or in combination with Usage Data and Non-Personal Information—including but not limited to your name, email address, social security number, postal and/or physical address, mobile phone number, phone number, government identification number(s), date of birth, your photo, and other information or data that identifies you.
Personal Information may also include information you provide to us in connection with a payment service ("Payment Service") offered to you as a convenience in connection with the Services, where you may securely store your credit card or bank account information (each a "Payment Account") in connection with your Registered Account, as defined below. If you have an open business debit card account available through AnyShift (an "AnyShift Debit Account") for business expenses, we may collect information related to your AnyShift Debit Account, including your transactions and other activities related to the use of that account. Such information may also include, depending on whether it can reasonably be linked to your other Personal Information or used to identify you, your IP address, MAC address, device-specific information (including hardware information about each device you use to access or use the Services, such as your UDID or hardware model information), device type, unique device IDs, advertising IDs, serial numbers, mobile network information, file names and versions, preferred languages, operating system information (including your operating system version), browser type, location information, user preferences, dates and times of use of the Services, browsing activities and browsing history, and features you have used (collectively, "Usage Data").
Personal Information and Personally Identifiable Information also include certain combinations of information that meet the applicable legal or other definition of "Personally Identifiable Information" or "Personal Information" for breach notification purposes ("Legal PII").
“Non-Personal Information” means information that does not personally or specifically identify you, and may include aggregated or non-specific Usage Data and information about devices, operating systems, browsing activities, browsing histories, locations, dates and times of use of the Services, usage and traffic patterns, and other analytics and non-personally identifiable information about users of our Services.
Information You Provide Directly
Partners and Shifters use our Services to match available job opportunities with available workers who possess a relevant skill, and the information we collect is intended to support this purpose. To establish these worker connections, both parties must register and maintain an active Services account (a "Registered Account"). For example, if you post a shift on behalf of a Partner or create a related Registered Account, we may collect your name, email address, and other Personal Information about you and the Partner. Likewise, if you are a Shifter, we may collect your name, email address, home address, and other Personal Information you provide as part of the registration, profile creation, or shift-matching process (including your CV, name and contact information for your References, and related data necessary for using the Services). Specifically, we collect information about you (including Personal Information) that you choose to provide to us in connection with your use of our Services, including information provided when you:
Information Created When You Use The Services
This includes:
Location Information: Depending on the Services you use and your mobile application settings or device permissions, AnyShift may collect your precise or approximate location information, as determined through data such as GPS, IP address, and WiFi. AnyShift collects location information when the mobile application is running in the foreground (mobile application open and on-screen) of your device. AnyShift may collect this information when the mobile application is running in the background of your device if this collection is enabled through your application settings or device permissions. You may use the mobile application without enabling AnyShift to collect your location information. However, this may affect the functionality of the mobile application, and you may not be able to use all features of the Services. For example, to book a shift offered through our Services, you must enable AnyShift to collect your location information.
Transaction Information: We collect transaction details and information related to your use of the Services, including the types of Services you requested or provided (such as shift requests), dates, times and durations of services engagements, engagement fees, purchases made with a business debit card (if you choose to use this service through AnyShift), and other related transaction details and information.
Usage and Preference Information: We collect information about how you interact with our Services, your preferences and settings chosen. In some cases we collect Usage Data through the use of cookies, web beacons, pixel tags and similar technologies that create and maintain unique identifiers. A cookie is a piece of data or text file on your computer that identifies you as a unique user. A web beacon is an object that is embedded in a page or email and is usually invisible to the user but allows checking whether a user has viewed the page or email. We use cookies, web beacons, pixel tags and similar technologies for several purposes, including to improve the quality of the Services and to make the Services easier to use. We may combine Usage Data with Personal Information in a manner that enables us to trace Usage Data to an individual user, and may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information as provided herein (whether Usage Data is combined with any Personal Information or otherwise). As more particularly described below in this Privacy Policy, we sometimes use certain third-party tools and services to assist us in collecting Usage Data. Certain of the third-party tools and services use cookies or web beacons to help analyze how users use the Services. We do not access or control these third-party cookies or web beacons; however, we may have access to data generated from their use, such as when we view analytics reports provided by such third-party tools and services.
Device Information: We may collect information about the devices you use to access our Services, including any related Usage Data.
Log Information: When you interact with our Services, we collect server logs, which may include Usage Data and information like device IP address, access dates and times, application features or pages viewed, application crashes and other system activity, browser type, and the third-party site or service you were using before interacting with our Services.
Calls and Text Messages: In addition to our communications with Partners and Shifters, we enable users of our Services to communicate with each other directly through communications initiated by them through the Services. For example, we enable Partners and Shifters to contact one another directly through the Services. AnyShift receives some information regarding such calls or texts, including the date and time of the applicable call or text, and the content of the text messages. AnyShift may use this information for customer support services (including to resolve disputes between users), for safety and security purposes, and for analytics. Additionally, in order to provide the Services to you, AnyShift will communicate with you with communications or through its Alert Service, which includes contacting or messaging you by telephone, email, short message service or text message. Additionally, AnyShift and its partners and affiliates may contact you at any telephone number(s) you provide in connection with your use of the Services. By providing your contact information, you consent to receive communications (including communications containing an artificial voice or prerecorded message or made using an automatic telephone dialing system) from us, our affiliates and partners, and any Partner from which you are seeking a shift, at any of the contact information you provided, including your wireless number, even if that number is registered on a corporate, state, or national do-not-call registry.
Address Book and Calendar Information: If you permit AnyShift or the Services (such as AnyShift’s mobile applications) to access the address book or contacts on your device, we may collect names and contact information (including phone numbers, phone labels, email addresses, mailing addresses and birthdays) from your address book to facilitate social interactions through our Services and for other purposes described in this Privacy Policy or at the time of consent or collection. If you permit the Services (including AnyShift’s mobile applications) to access the calendar on your device, we may collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location, and number of attendees. If you permit AnyShift or the Services to access your address book or contacts on your device, you expressly represent and warrant that you have the right to allow AnyShift to access your address book and contacts and that AnyShift has the right to use your address book and contacts in connection with the Services.
Information From Other Sources
This includes:
Except as otherwise stated in this Privacy Policy, we will not disclose your Personal Information to third parties unless the third party is an Authorized Recipient. You agree that we may disclose your Personal Information to the following “Authorized Recipients”: (1) persons or entities you authorize to access or receive your Personal Information (your consent being reasonably determined based on your actions in context), including other users of the Services; (2) if you are a Partner, any person or entity within your organization, including those who may have created a Registered Account with us, and persons or entities designated by that organization; (3) if you are a Shifter, Partners who have posted or may have posted shifts via our Services and for whom you have accepted or worked a shift via the Services and/or relevant and/or related third parties as determined by AnyShift at its sole discretion; (4) References; (5) third parties providing us with services, such as internet hosting providers, internet service providers, email distribution and management providers, and software development or maintenance providers, provided we reasonably believe such third parties will keep your Personal Information confidential; (6) third parties providing services that allow us to market and advertise our Services and other content personalized for you through targeted advertising, targeted content, and other means; and (7) any other person or entity to whom we are required or permitted to disclose your Personal Information under law, regulation, or other provisions of this Privacy Policy or the Terms.
We may also disclose Non-Personal Information to third parties in a manner that does not identify a specific person. For example, and without limitation, we may disclose aggregated Personal Information (i.e., Non-Personal Information) to marketing and research partners and/or for advertising, marketing, and promotional purposes. In addition, we may identify organizations posting job offers in our Services in our advertisements, marketing, and promotional materials.
Other Authorized Disclosures
Notwithstanding anything to the contrary in this Privacy Policy, you understand and agree that we may collect, use, retain, and disclose any information (including, without limitation, Usage Data and Personal Information): (1) in response to a subpoena, court order, legal process, or as otherwise required by law, or to establish, protect, or exercise our legal rights, or to defend legal claims at our discretion; (2) to protect our rights and property or the public, including enforcing this Privacy Policy and any other agreement we may have with you or your organization (if applicable); (3) if we believe it is necessary to investigate, prevent, or act regarding unauthorized disclosure of intellectual property or information of others, illegal activities, fraud, or situations that may pose a threat to the safety of any person (provided we are not obligated to do so); or (4) that is publicly accessible.
We may, from time to time, transfer or assign all or part of the Usage Data, Personal Information, and/or Non-Personal Information and the associated rights and obligations under this Privacy Policy to one or more third parties (whether as part of an asset sale, merger, or otherwise), the successor or assignee agreeing to the obligations of this Privacy Policy regarding such transferred information (unless otherwise agreed between you and the successor or assignee).
All information you share with us may be shared or transferred to an affiliated entity or any of our third-party providers (including those located outside the European Union), regardless of their location, for the purpose of providing you with the Services and improving the Services. By using the Services, you agree to this transfer and acknowledge that the Services provided to you and the functionality of the Services could not be provided without such transfer. If you do not want your information to be transferred in this way, do not use the Services.
In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything to the contrary, we may use, disclose, assign, and transfer any Non-Personal Information for any purpose.
Security
We and our service providers take certain procedural and technological security measures that are reasonably designed to protect your Personal Information from loss, unauthorized access, disclosure, alteration, or destruction. Such measures, or any data transmission over the internet or any network, cannot be guaranteed to be completely secure or effective. As a result, we cannot guarantee the security of any information you send to us or that is submitted on your behalf, and such information is sent and submitted at your own risk.
You agree to keep your Personal Information private and confidential, and not to share any information and materials you receive via our Services with third parties, except through the general, non-commercial methods made available by the Services. Under no circumstances shall Shifters or Partners share any information or materials related to their Account access and shift postings with third parties.
Third Party Websites, Sources, Tools, Services, and Widgets; Advertising, Sponsorship, and Promotions
Our Services may link to other websites (including, without limitation, recruiter websites) and internet sources, or include third party tools, services, APIs, SDKs, and widgets that are not managed, operated, or controlled by us. For example, we use Google Analytics, a web analytics service from Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and improve your experience when using the Service. For more information on how Google uses this data, go to
www.google.com/policies/privacy/partners/. In addition, the Services (including AnyShift’s websites and mobile applications) may contain advertisements, sponsorships, and promotions from third parties. This Privacy Policy does not cover information that may be collected by third parties from you via (a) such third party websites and internet sources or by such third parties in connection with such advertisements, sponsorships, and promotions; or (b) such third party tools, services, APIs, SDKs, and widgets. You should be aware that third-party tool, service, API, SDK, and widget providers, and advertisers, sponsors, and promoters in the Services may use cookies, web beacons, and other mechanisms to collect information from you about your use of the Services and other websites in order to, among other things, deliver targeted functionality, advertisements, sponsorships, and promotions about information, products, or services that may be of interest to you. We are not responsible for any: (i) information, products, or services available on or through linked sites or sources, or through such advertisements, sponsorships, and promotions; (ii) third party tools, services, or widgets; or (iii) third party terms of use, privacy policies, or information collection, use, and disclosure practices. You agree to review all applicable terms and conditions and use, privacy, and other policies of the applicable third parties.
Data of Users Outside the United States and Canada
Although the Services are accessible via the internet and are therefore available worldwide, the Services are intended for residents of and businesses in Texas, USA. If you choose to access the Services from locations outside the United States and Canada, you do so at your own risk and subject to the laws of the United States and Canada, which may differ from the privacy laws and regulations in your state or home country, and you are responsible for compliance with local laws and regulations. Nothing in the Services shall be construed as a promotion or solicitation for any service not permitted by the laws and regulations of the country where you are located. Personally Identifiable Information collected via or from the use of the Services may be stored and processed in the United States, Canada, or any other country in which AnyShift or its affiliates, subsidiaries, or agents maintain facilities, and by using the Services, you consent to such transfer of information outside your country. Users outside the United States and Canada should not use or access the Services or disclose any information, including Personally Identifiable Information, via the Services. Persons outside the United States and Canada who disclose any data via the Services, including Personally Identifiable Information, acknowledge and agree that such data will be stored in the United States, Canada, or another country, and transferred outside your country.
Ability to Accept; Our Commitment to Children's Privacy
By using the Services, you confirm that you are at least 18 years old and that you are competent to accept and have accepted the terms of this Privacy Policy. The Services are not directed to or intended for children under eighteen (18) years of age. If you are under eighteen (18) years old, do not use the Services. AnyShift does not accept registration or profile creation from children under eighteen (18) years of age, and no one under eighteen (18) years of age may provide any information to or via the Services.
In addition, no personally identifiable information (as defined in the Children's Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501) is knowingly collected from children under thirteen (13) years of age by AnyShift or the Services. If you are a parent or guardian of a child under thirteen (13) years of age and believe that your child has provided information to us, please contact us via email at any@AnyShift.com. If we discover that we have collected Personally Identifiable Information from persons under thirteen (13) years of age without verification of parental consent, we will commercially reasonable efforts to delete this information.
Your Rights and Choices
You may choose not to provide us with certain categories of Personal Information, and it is your choice whether you add certain categories of Personal Information to your profile. With respect to your profile, please do not post Personal Information to your profile that you do not want to be publicly available. If you choose not to provide Personally Identifiable Information, you may not be able to use the Services or certain aspects of the Services, and we may not be able to provide some of the features and functionality of the Services to you. You may also opt-out of receiving emails and other messages from AnyShift by following the instructions in such messages. Please note that if you opt-out, we may still send you non-promotional messages, such as messages about service engagements or information about your Registered Account.
Depending on your jurisdiction of residence, you may have the right to request access to, correction of, or deletion of your Personal Information. If you wish to access or correct inaccurate Personal Information about yourself, you can do so by logging into your Registered Account and saving your changes and preferences. Any such change by you will be effective as soon as it is received by AnyShift, but will not affect actions taken by AnyShift based on your prior preferences, information, or consent before the change was made. If you have such a right, depending on your jurisdiction of residence, you may also exercise your right to request access to your Personal Information or correction of inaccurate Personal Information about yourself by sending us an email at any@AnyShift.com.
Upon your written request, AnyShift will delete all Personal Information in its possession and will cease using such Personal Information, subject to the terms of this Privacy Policy and the Terms. You may request access to and deletion of such Personal Information by sending an email to any@AnyShift.com. Please note that AnyShift may not be able to delete all Personal Information about a particular user from its systems in certain cases. For example, AnyShift may retain Personal Information about a user for legitimate business purposes, if it is necessary to prevent fraud or future abuse, for account recovery purposes, if required by law, or as stored in AnyShift's backups or cached or archived pages. All retained Personal Information will remain subject to the terms of the Privacy Policy to which the user previously agreed. If you are a Virginia resident and we deny your request for Personal Information, you have the right to appeal our denial. You can exercise this right by sending an email to any@AnyShift.com
Changes
This Privacy Policy may be reviewed periodically and this will be reflected by a “last modified” notice at the top of this page. AnyShift reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time at its discretion by posting such changes on this page. When significant or material changes are made to this Privacy Policy, users will be notified on or via the Services thirty (30) days before such changes take effect. After thirty (30) days, the changes will take effect. Additionally, AnyShift will make reasonable efforts to inform its users by email and in other ways of such changes on or via the Services. You understand that you have an obligation to periodically review this Privacy Policy for changes, and you agree to review this Privacy Policy periodically for such changes. The most current version of the Privacy Policy is available at https://AnyShift.com/legal/AnyShift-privacy-policy.
If you continue to use the Services after the effective date of changes to this Privacy Policy, you are deemed to have accepted and approved the changes. If you do not agree with the changes to the Privacy Policy, you have the option to close your Registered Account and/or you may choose to discontinue using the Services.
Please feel free to contact us if you have any further questions about the Services or our privacy practices. If you have questions regarding this Privacy Policy, please contact us by email at any@AnyShift.com with the word “Privacy” in the subject line.