WAE Privacy Policy

  • Updated


WAE Privacy Policy

  1. Introduction

WAE created, develops, and maintains an online software and mobile platform on which businesses (“Employers”) and workers (“Employees”) connect to fill one-time and/or recurring work opportunities. When you use our platform, including our websites, mobile applications, content, and services (collectively our “Services”), you share your information with us. Because we value your privacy, this policy (our “Privacy Policy”) describes how we collect, use, and share your personal data.

 

Please carefully read this Privacy Policy, which we incorporate into our Terms of Use (“Terms”), located at https://mywae.zendesk.com/hc/en-us/articles/25571761619988-WAE-Usage-Policy. By accessing or using our Services in any capacity, you agree to our Terms and expressly authorize us to collect, receive, use, retain, and disclose or transmit your Information to third parties as described in this Privacy Policy. Because you cannot access or use our Services without accepting our Terms, if you have any questions, contact us at <support@mywae.com> or at the address provided at the end of this Privacy Policy.

  1. What We Collect

In this Privacy Policy, “we,” “us,” “our” and “WAE” all refer to WAE and our affiliates, and “you” and “your” refer to you, as a user of our Services as an Employer, Employee, Reference, or otherwise. Similarly, we reference the collective information you provide us as your “Information,” which is comprised of your Personal Information, Non-Personal Information, and Usage Data.

 

“Personal Information” (sometimes called “Personally Identifiable Information”) refers to information which personally identifies you—whether alone or when combined with Usage Data and Non-Personal Information—including but not limited to your name, email address, social security number, mailing and/or physical address, mobile device number, telephone number, government identification number(s), date of birth, your photograph, and other information or data that identifies you.

 

Personal Information may also include information you provide us in connection with a payment service (“Payment Service”) offered to you as a convenience in association with the Services, whereby you can maintain your credit card or bank account information (each a “Payment Account”) securely with us in connection with your Registered Account, as defined below. Such information may also include, depending on whether it can be reasonably linked to your other Personal Information or used to identify you, your IP address, MAC address, device-specific information (including hardware information about any device you are using to access or use the Services, such as your UDID or hardware model information), device type, unique device identifiers, advertising identifiers, 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 activity 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 statutory or other legal definition of “Personally Identifiable Information” or “Personal Information” for purposes of breach notification (“Statutory PII”).

 

“Non-Personal Information” refers to information that does not personally or specifically identify you, and may include aggregate 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 non-personally identifying analytics and information about users of our Services.

  1. Information You Give Directly to Us

Employers and Employees leverage our services to seamlessly connect work opportunities with skilled workers, facilitating efficient matches. Our aim is to streamline this process by gathering pertinent information.  To make these worker connections, both parties must register for and maintain an active Services account (a “Registered Account”). For example, if you post a shift on behalf of an Employer or create a related Registered Account, we may collect your name, email address, and other Personal Information about you and the Partner. Similarly, if you are an Employee, we may collect your name, email address, home address, and other Personal Information you submit as part of the registration, profile creation, or shift-matching process (including your resume, name and contact information for your References and related data pertinent to using the Services). Specifically, we collect information about you (including Personal Information) that you choose to submit to us in connection with your use of our Services, including information submitted when you:

  • Create or update your Registered Account (including creating and updating information on your Employee or Employer profile), which, depending on your location and the Services you use, may include your name, email, social security number, mobile device number, phone number, username and password, address, payment or banking information, government identification numbers, birth date, photographs and/or other digital media
  • Request certain services or features through the Services (such as through our mobile applications or websites)
  • Utilize additional features or tools offered within the Services, such as scheduling tools or messaging features
  • Participate in training programs, webinars, or educational resources provided by WAE
  • Contact WAE, including for support
  • Contact other users (including Employers or Employees) through our Services
  • Work shifts as an Employee through our Services
  • Post shifts as an Employer through our Services
  • Complete surveys sent to you by WAE or on behalf of WAE
  •  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, WAE may collect your precise or approximate location information, as determined through data such as GPS, IP address, and WiFi. WAE collects location information when the mobile application is running in the foreground (mobile application open and on-screen) of your device. WAE 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 WAE 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 punch on a shift offered through our Services, you must enable WAE 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 placements, placement fees, 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.
  • Information From Other Sources

This includes:

  • Users providing feedback, ratings, reviews, references or compliments
  • WAE’s third-party business partners through which you create or access your Registered Account, such as payment providers, social media services, or applications or websites that use WAE’s APIs or whose APIs WAE uses
  • Publicly available sources
  • Marketing service providers

WAE may combine the information collected from these sources with other information in its possession.

  1. DISCLOSURE AND USE

We may use your Personal Information for a variety of purposes, including to provide, enhance, personalize, maintain, improve and market our Services. Such use includes but is not limited to using your Personal Information to:

  • Contact you
  • Match Employers with Employees
  • Process or facilitate payments related to the Services
  • Assist you when you contact us for support, including to direct your questions to the appropriate WAE support representative, investigate and address your concerns, and monitor and improve our support responses
  • Notify you of changes to our Services
  • Conduct testing, research, analysis and product development to improve and enhance the safety and security of our Services
  • Resolve disputes among users
  • Solicit your feedback and input about our Services
  • Communicate with you about products, services, promotions, studies, surveys, news, updates and events
  • Promote and market the Services to third parties on our website and other media
  • Promote and process contests and sweepstakes, fulfill any related awards and serve you relevant ads and content about our Services and those of our business partners
  • Enable features that allow you to share information with other users, such as when you submit a review or rating
  • Enable features to personalize your Registered Account, including your profile
  • Perform internal operations necessary to provide our Services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing and research, and to monitor and analyze usage and activity trends
  • Investigate or address claims or disputes relating to your use of the Services (including sharing your Personal Information with Employers and/or relevant and/or related third parties as determined by WAE in its sole discretion), or as otherwise allowed by applicable law

Subject to the provisions outlined in this Privacy Policy, we undertake not to share your Personal Information with any third party unless they qualify as a Permitted Recipient. By utilizing our services, you implicitly agree to the potential disclosure of your Personal Information to the following designated "Permitted Recipients":

  • Individuals or entities whom you explicitly authorize to access or receive your Personal Information, with such authorization reasonably inferred from your actions in context, including other users of our Services.
  • For Employers, individuals or entities within your organization, including those with a Registered Account on our platform, and individuals or entities designated by your organization.
  • For Employees, Employers who have posted or may post shifts on our Services, and for which you have accepted or worked a shift through our platform, as well as relevant and related third parties determined at the sole discretion of WAE.
  • Third-party service providers engaged by us, such as Internet hosting providers, email distribution and management providers, and software development or maintenance providers, provided that we hold a reasonable belief that such third-party providers will uphold the confidentiality of your Personal Information.
  • Third parties facilitating our marketing and advertising efforts, including those enabling us to customize content for you through targeted advertising, content, and similar methods.

Moreover, we reserve the right to disclose Non-Personal Information to third parties in a manner that does not identify any particular individual. This may include sharing aggregated Personal Information (i.e., Non-Personal Information) with marketing and research partners, or for advertising, marketing, and promotional purposes. Additionally, we may highlight job posting organizations within our Services, as well as in our advertising, marketing, and promotional materials.

Any other person or entity to whom disclosure of your Personal Information is permitted or required by law, regulation, or other provisions outlined in this Privacy Policy or the Terms of Service.

  1. Other Authorized Disclosures

Notwithstanding anything to the contrary in this Privacy Policy, you understand and agree that we may collect, use, preserve and disclose any information (including, without limitation, Usage Data and Personal Information): (1) in response to subpoenas, court orders, legal process or when otherwise required by law, or to establish, protect, or exercise our legal rights or defend against legal claims in our sole discretion; (2) to protect our rights and property or the public, including the enforcement of this Privacy Policy and any other agreement we may have with you or your organization (as applicable); (3) if we believe it is necessary in order to investigate, prevent, or take action regarding unauthorized distribution of another's intellectual property or information, illegal activities, fraud, or situations involving potential threats to the safety of any person (provided, however, that we have no obligation to do so); or (4) that is available to the general public.

 

We may, from time to time, assign or transfer all or a portion of the Usage Data, Personal Information and/or Non-Personal Information and its rights and obligations hereunder to one or more third parties (whether in connection with a sale of assets, a merger or otherwise), in which case the successor or assignee will agree to abide by the obligations under this Privacy Policy with respect to such information transferred to such successor or assignee (unless otherwise agreed to by you and such successor or assignee).

 

Any information shared by you with us may be shared with or transferred to any entity affiliated with us or any of our third-party providers (including those located outside the European Union), no matter where located, for the purpose of providing you Services and improving the Services. By using the Services, you consent to this transfer and acknowledge that the Services provided to you and the functionality of the Services could not be provided without such a transfer. If you do not wish 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 in this Privacy Policy to the contrary, we may use, disclose, assign and transfer any Non-Personal Information for any purpose.

  1. Security

We and our service providers employ certain procedural and technological security measures that are reasonably designed to help 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 perfectly secure or effective. As a result, we cannot ensure or guarantee the security of any information you transmit to us or that is submitted on your behalf, and such information is transmitted and submitted at your own risk.

You agree to keep your Personal Information private and confidential, and not to share information and materials that you receive by or through our Services with any third-party other than through the general, non-commercial methods permitted by the Services. In no event may Employees or Employers share any information or materials with respect to their Account access and shift postings with any third-party.

  1. Third-Party Sites, Resources, Tools, Services And Widgets; Advertisements, Sponsorships, And Promotions

Our Services may include links to external websites (including, but not limited to, recruiter websites) and Internet resources, or integrate third-party tools, services, APIs, SDKs, and widgets that are not under our ownership, operation, or control. Additionally, advertisements, sponsorships, and promotions from third parties may be featured within the Services, including on WAE's websites and mobile applications.

 

This Privacy Policy does not extend to the collection of information by:

(a) such third-party websites, Internet resources, or third parties involved in advertisements, sponsorships, and promotions; or

(b) any third-party tools, services, APIs, SDKs, and widgets.

It's important to note that providers of these third-party tools, services, APIs, SDKs, widgets, advertisements, sponsorships, and promotions may employ cookies, web beacons, and other technologies to gather information about your use of the Services and other websites. This information may be used to enhance functionality and provide targeted advertisements, sponsorships, and promotions for products or services of potential interest to you.

We do not assume responsibility for:

(i) the information, products, or services offered on or through linked sites or resources, or through advertisements, sponsorships, and promotions;

(ii) third-party tools, services, or widgets; or

(iii) the terms of use, privacy policies, or information collection, use, and disclosure practices of third parties.

By using our Services, you agree to review and abide by all relevant terms of use, privacy policies, and agreements provided by these third parties.

 

 

  1. Data From Users Outside The United States

While the Services are accessible globally via the Internet, they are designed specifically for residents and businesses within the United States. Should you choose to access the Services from locations outside the United States, you do so at your own risk and are subject to U.S. laws, which may differ from the privacy laws and regulations of your state or home country. It is your responsibility to ensure compliance with any local laws and regulations.

Please note that nothing within the Services should be construed as a promotion or solicitation for any service that is not authorized by the laws and regulations of your country of residence.

Any Personally Identifiable Information collected through the Services may be stored and processed in the United States or any other country where WAE or its affiliates, subsidiaries, or agents maintain facilities. By using the Services, you consent to the transfer of your information outside of your country.

Users located outside the United States are advised against using or accessing the Services or disclosing any information, including Personally Identifiable Information. However, individuals outside the United States who choose to disclose data through the Services acknowledge and consent to such data being stored and transferred to the United States or any other country. Ability To Accept; Our Commitment To Children’s Privacy

By using the Services, you affirm that you are at least 18 years of age and that you are competent to accept and have accepted the terms and conditions of this Privacy Policy. The Services are not aimed at nor intended for children under eighteen (18) years of age. If you are under the age of eighteen (18), please do not use the Services. WAE does not accept registration or profile creation from children under eighteen (18) years of age, and no one under the age of eighteen (18) may provide any information to or through the Services.

Additionally, no personally identifiable information (as defined in the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501) is purposefully or knowingly collected from children under the age of thirteen (13) by WAE or the Services. If you are a parent or guardian of a child under thirteen (13) years of age and believe your child disclosed information to us, please contact us by emailing us at <support@mywae.com>. If we learn that we have collected or received Personally Identifiable Information of persons under thirteen (13) years of age without verification of parental consent, we will exercise commercially reasonable efforts to delete this information.

  1. Your Rights and Choices

You may decline to provide certain categories of Personal Information to us, and it’s your choice whether to put certain categories of Personal Information on your profile. With respect to your profile, please do not post or add Personal Information to your profile that you would not want to be publicly available. If you choose not to provide any Personally Identifiable Information, you may not be able to use the Services or certain aspects of the Services, and we will not be able to provide you some of the features and functionality of the Services. You may also opt out of receiving emails and other messages from WAE by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as messages regarding 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, amend, or update your Personal Information or account preferences, you may do so by logging into your Registered Account and saving your changes and preferences to your Registered Account. Each such modification by you will be effective upon receipt by WAE but will not change or affect any actions that WAE took in reliance upon your prior preferences, information, or authorization before the modification 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 correct inaccurate Personal Information about you by emailing us at <support@mywae.com>.

 

Upon your written request, WAE will remove any of your 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 removal of such Personal Information by emailing us at <support@mywae.com>. Attention: Privacy. Please note that in certain circumstances, WAE may not be able to completely remove all Personal Information about a particular user from its systems. For example, WAE may retain Personal Information about a user for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law, or as retained in WAE’s data backup systems or cached or archived pages. All retained Personal Information will continue to be subject to the terms of the Privacy Policy to which the user has previously agreed.

  1. Changes

This Privacy Policy may be revised periodically and this will be reflected by a “last modified” legend at the top of this page. WAE reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. When any significant or material changes are made to this Privacy Policy, users will receive a notice on or through the Services for thirty (30) days before such changes take effect. After such thirty (30) days, the changes will become effective. Additionally, WAE will make reasonable efforts to email its users and otherwise provide notice of such changes on or through the Services notifying them of such changes. You understand that you have an affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes. 

 

If you continue to use the Services after the effective date of changes to this Privacy Policy, you will be considered to have agreed to and accepted the changes. If you do not agree to the changes to the Privacy Policy, you have the option of closing your Registered Account and/or you can choose to stop using the Services.

  1. Additional Questions

Feel free to contact us any time if you have further questions about the Services or our privacy practices. If you have any questions regarding this Privacy Policy, please contact us via email at <support@mywae.com> with the word “Privacy” in the subject line.