ShiftNow, Inc. Website Privacy Policy

Last Modified: November 1, 2022

Introduction

ShiftNow, Inc. (the “Company” or ”We”) respects your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.shiftnow.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Capitalized terms not otherwise defined herein have the same meaning ascribed to them in the Website’s “Terms of Use” at www.shiftnow.com/terms-and-conditions.

This policy applies to the information we collect:

On the Website.

In email, text, and other electronic messages between you and the Website or the Company.

Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.

When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.


It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or 

Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.


Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time (see “Changes to Our Privacy Policy,” below). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

Children Under the Age of 18

Our Website is not intended only for business entities and individuals of legal age to enter contracts – those 18 years and older. It is not intended for anyone under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not use or provide any information on the Website or through any of its features. If we learn we have collected or received personal information from anyone under 18, we will delete that information. If you believe we might have any information from or about anyone under 18, please contact us at support@shiftnow.com.

You may have privacy or personal information rights and choices, specially conferred or protected by your State of residence. Eligible States that may have such rights are listed below:

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified, such as name, location, postal address, email address, telephone number, birthday, photograph, personal video introduction, response to questions during a Shifter screening process, and information that we do not collect but that is collected about you in connection with your use of the Website such as social security number and payment account information collected by the Stripe Payment Platform (concerning which, see their privacy policy and terms of use, linked in our Terms of Use) (“personal information”);

That is about you but individually does not identify you, such as categories of work experience relevant to potential Shift Engagements; and/or

About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.

Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

From third parties, for example, our business partners from whose websites you may follow links to this Website.


Information You Provide to Us  

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, updating your need or availability for Shift Engagements, entering Shift Engagements, information entered by you or other parties regarding your Shift Engagements, posting or otherwise uploading material, or requesting further services. We may also ask you for information when you report a problem with our Website.

Records and copies of your correspondence (including email addresses), if you contact us.

Your responses to surveys that we might ask you to complete for research purposes.

Details of transactions you carry out through our Website and of the fulfillment of your Shift Engagements. You may be required to provide financial information before entering or performing a Shift Engagement.

Your search queries on the Website.


You also may provide information to be published or displayed (hereinafter, “posted”) through the Website viewable by Shifters (or, if aggregated, by other Clients) if you are a Client, or by Clients (or, if aggregated, by other Shifters) if you are a Shifter, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. Although we limit access to certain inputs, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies
  

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: 

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

Information about your computer and internet connection, including your IP address, operating system, and browser type.


We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). IF YOU DO NOT WISH TO ALLOW BEHAVIORAL TRACKING, YOU MUST NOT USE THE WEBSITE.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.

Store information about your preferences, allowing us to customize our Website according to your individual interests.

Speed up your searches.

Recognize you when you return to our Website.


The technologies we use for this automatic data collection may include:

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 Website. 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.

Web Beacons.
Pages of our Website [and our emails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see
Choices About How We Use and Disclose Your Information.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

[Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies [alone or in conjunction with web beacons or other tracking technologies] to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.]

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.

To provide you with information or services that you request from us.

To fulfill any other purpose for which you provide it.

To provide you with notices about your account.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To notify you about changes to our Website or any products or services we offer or provide though it.

To allow you to participate in interactive features on our Website.

In any other way we may describe when you provide the information.

For any other purpose with your consent.


Disclosure of Your Information

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

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.

To contractors, service providers, and other third parties we use to support our business[ and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

If you are a Client, to Shifters with whom you match for possible or confirmed Shift Engagements or to the Stripe Payment Platform regarding such Shift Engagements;

If you are a Shifter, to Clients with whom you match for possible or confirmed Shift Engagements or to the Stripe Payment Platform regarding such Shift Engagements;

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

With your consent.

We may also disclose any of your personal information, but only if necessary:

To comply with any court order, law, or legal process, including responding to any government or regulatory request.

To enforce or apply our terms of use
www.shiftnow.com/terms-and-conditions and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.


Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.


We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at support@shiftnow.com, to request access to or correct any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account; and for recordkeeping and tax reporting purposes, all information related to your Shift Engagements may be retained, either by the Company, by the relevant Client(s), and/or by the Stripe Payment Platform. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use www.shiftnow.com/terms-and-conditions.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding their personal information and privacy, our collection and use of their personal information, and their choices regarding our collection and use of their personal information. To learn more about the privacy rights allowed by Eligible States, see:

None for current Eligible States.
Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on Hyper-V and/or Vercel secure servers behind firewalls. Any payment transactions and financial account information will be collected, processed, and stored by the Stripe Payment Platform. See https://stripe.com/legal/ssa; https://stripe.com/legal/spc; and https://stripe.com/privacy.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password or other authentication mechanism for access to certain parts of our Website, you are responsible for keeping this password or other mechanism confidential. We ask you not to share your password or other mechanism with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Terms of Use Apply

The Website’s Terms of use www.shiftnow.com/terms-and-conditions apply in full to this privacy policy, including but not limited to those sections of the Terms of Use captioned as Disclaimer of Warranties, Limitation on Liability, Indemnification, Governing Law, Arbitration, Limitation on Time to File Claims, Waiver and Severability, and Entire Agreement.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

ShiftNow, Inc.
Attention: Trip Ottinger
trip@shiftnow.com

635 Rutledge Avenue, Suite 102
Charleston, South Carolina 29403

HSB 7429902 v.10