Workers On Call Privacy Policy

Effective February, 2013
Workers On Call Corporation ("Workers On Call", "our", "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.WorkersOnCall.com (the "Site"). This Privacy Policy applies only to information that you provide to us through the Site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Workers On Call User Agreement, accessible at www.WorkersOnCall.com.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use

Our primary goals in collecting information are to provide services through and improve our Site, services, features and content (together, the "Service") and to enable users to use, enjoy and easily navigate the Site.

Personally Identifiable Information.

In the course of using the Service (whether as a Client or Contractor), we may ask you to provide us with, or grant us access to, or permission to obtain, certain personally identifiable information that can be used to contact or identify you; personally identifiable information may include, but is not limited to, your name, company name, email address, postal address and phone number ("Personal Information").

If you use the Service to make or receive payments, we will also collect certain Personal Information such as credit card information, PayPal, Skrill, Payoneer, bank routing and account number or other financial account information, and billing address.

We may collect additional Personal Information to validate your identity, or comply with U.S. or International laws such as your date of birth or taxpayer identification number. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third party databases or request a credit report.

You may register to join the Service directly via the Site or by logging into your account with certain third party social networking services (including, but not limited to, LinkedIn) ("SNS") via our Site. If you choose to register via an SNS, we will use the Personal Information you have provided to the SNS (such as your "real" name, email address, gender and other information you make publicly available via the SNS) to create your account; the information we extract may depend on the privacy settings you have with the SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and Workers On Call is not responsible for its accuracy, legality, or non-infringement. You may link your Workers On Call account to your SNS account, in which case the SNS may share certain information about you with other SNS users, as well as sharing certain information about other SNS users with you. You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Workers On Call to pay any fees or making Workers On Call subject to any usage limitations imposed by such SNS. You can disable the link between your Workers On Call account and your SNS account at any time though the "Profile Editor" section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS. If you SNS account terminates, then functions enabled through the link between your Workers On Call account and your SNS account will terminate as well.

We also collect other information that you provide in connection with your use of the Service (e.g., zip code (on its own) and individual preferences) ("Non-Identifying Information"). We collect additional Non-Identifying Information from Clients in the form of information related to jobs posted via the Service (e.g., skills required, description rates, preferred language, preferred location of contractor, history of job listings, timing of job performance and feedback/rating information). We also collect additional Non-Identifying Information from Contractors in connection with Contractor profiles (e.g., information on jobs previously performed, skills, tests taken, hourly pay rates and feedback/rating information). We also collect this information from third party sites that the Contractor connects the Workers OnCall account with. Workers OnCall is not responsible for information provided by third party sites and the Contractor can stop allowing access to that information by updating those settings in the "Profile Editor" section of the Site.

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code/postal code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Workers On Call Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service, and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Workers On Call newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.

Cookies

As is common on the Internet, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for maintaining data. We use cookies for two purposes. First, we use persistent cookies to save your registration ID and login password for future logins to the Site and to track your compliance with our marketplace policies. Second, we use session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Workers On Call Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to Workers On Call. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.

Information Sharing and Disclosure

Contractor Profiles. If you choose to use the Service as a Contractor, you will be able to create a profile, which will be publicly viewable via the Service. Such profile may include information including, but not limited to, profile picture, name, location, information on jobs previously performed via the Service and outside the Service, skills, tests taken, hourly pay rates and feedback/rating information. You may edit your Contractor profile via your account in the "Profile Editor" section of the Site.

Jobs. If you choose to post a job listing via the Service as a Client, the contents of such job listing will be viewable via the Service. Job listings include information such as description, skills required, preferred language. At the time of creating a job listing via the Service, you may select whether to make jobs publicly viewable via the Service or to edit privacy settings related to the job. If you choose to apply for a job as a Contractor via the Service, we will share with the applicable Client information related to your application, including, but not limited to, the information contained in your Contractor profile.

Feedback. We collect feedback from users about their experience with other users of the Service. Please note that any feedback that you provide via the Service will be publicly viewable via the Service.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of the Site's features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement. Workers On Call cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Workers On Call or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. Workers OnCall is compliant with U.S. OFAC guidelines.

Business Transfers. Workers On Call may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

All registered users may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via their accounts. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us by email at [email protected] We may contact you first to verify that you actually want your account deleted. We will use commercially reasonable efforts to honor your request; however, your Personal Information may remain in our archives. We may retain an archived copy of your records as required by law or for legitimate business purposes. Please bear in mind that neither you nor Workers On Call can delete all copies of information that has been previously shared with others on the Site or archived by search engines and Internet archiving utilities and services.

Security

Workers On Call is very concerned with safeguarding your information. The security of your personal information is important to us. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems. When doing so we use the highest level of encryption commercially available to us.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Workers On Call transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Site contains links to other websites. If you choose to click on a third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

This Site is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email protected] If we become aware that a child under 13 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files.

Safe Harbor Compliance

Workers On Call complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor 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 Switzerland. Workers On Call has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Workers On Call's certification, please visit http://www.export.gov/safeharbor.

In compliance with the US-EU and US-Swiss Safe Harbor Principles, Workers On Call commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Workers On Call as described below. Workers On Call has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, 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 by Workers On Call, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

USE OF PERSONAL INFORMATION

Workers On Call does NOT sell or share you personally identifiable information (including name and email address). We are permitted to utilize general information about you, including statistical data generated by your use of our system, at our discretion.

Important Exception: We must share certain private information with our vendors for the limited-use purpose of processing of credit card payments, SWIFT/ACH transfers, and wire or other bank transfers.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at [email protected] Or by fax or telephone at (888) 695-6659.