Last Revised: September 15, 2020
This Policy describes:
The types of information we
collect from you or that you may provide when you use any product in the
OnShift suite of products, which includes, but is not limited to OnShift
Schedule, OnShift Engage, OnShift Wallet, OnShift Employ, OnShift Time, OnShift
Text2Hire, OnShift Insight, OnShift Hire and OnShift’s Payroll-Based Journal
reporting software (individually, the “Product,” collectively, “the Products”).
· Our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our Products. By using our Products, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of our Products after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
What We Collect and How We Collect It
To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy.
Information You Provide to Us
Personal Information is any information that can be used to individually identify you from a larger group such as data including, but not limited to, your:
· First and last name
· Address number, city, state, zip code
· Date of birth
· Driver’s license
· Social security number
· Biometric identifiers
· Biometric information
· Geolocation information
· Telephone number (home and mobile)
· Email address
· Username/login name
· Photo of your image or likeness
In some cases, the nature of your assigned duties may require that you provide Personal Information relating to individuals other than yourself (such as other employees). Before providing any Personal Information to us, it is your responsibility to obtain the appropriate consent and authorization, to include compliance with any employer policies.
In using the Products, you may provide us Personal Information when you:
The information that you provide in each case will vary. For example, the Products may use a device’s location services to identify your current geographical location. In some instances, you may be able to disable this feature through the services function of your device.
In some cases, we may assign to you a username (“UID”) and ask that you create a password that should only be known to you. In addition, some users may have the opportunity to log into the Products using a third-party authentication system (e.g. their Facebook account). In these instances, OnShift may receive certain Personal Information, such as email addresses, from such third party directly.
Important Notice About Health Information. OnShift is not a healthcare provider, payer or clearinghouse. OnShift is a business that provides commercial business-to-business software as a service (“SaaS”) applications and proactive services to solve workforce challenges in healthcare. Unless otherwise established in an agreement between OnShift and a regulated Covered Entity (i.e., a doctor, pharmacy, or insurer) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), OnShift does not collect “Protected Health Information” as defined under HIPAA.
Important Notice About Consumer Information. OnShift may collect Personal Information, with your consent, to be used by OnShift’s trusted third-party partners to complete background checks as ordered by OnShift customers. OnShift is not a “consumer reporting agency” or “reseller” as those terms are defined under the Fair Credit Reporting Act (“FCRA”). OnShift does not process, assemble, or merge any Personal Information to create or modify any consumer report. Furthermore, OnShift plays no role in any eligibility determination based on the Personal Information processed as part of the background check process ordered by OnShift customers. Accordingly, the FCRA does not apply to OnShift’s processing of Personal Information as described in this Policy. Regardless, your Personal Information will be processed by OnShift in accordance with this Policy unless otherwise agreed in writing.
Through various technology features, including but not limited to, our OnShift Time services, we may collect data that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq., and similar applicable laws. “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry.
“Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Any collection of biometric identifiers and biometric information is for the sole purpose of assisting you and your organization in verifying your start and stop times for work. In other words, our collection of biometric identifiers and biometric information assists you with “clocking in” with your organization. We will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this service to you, or as required by applicable federal, state, or local law, or required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
We will retain any biometric identifiers or biometric information for up to three years as long as you consent to such retention and maintain an account with us. If you do not maintain an account with us, we will retain biometric identifiers or biometric information for up to three years, but we will not be able to retrieve or connect your information to your identity.
We use appropriate technical, administrative, and physical safeguards to store, transmit, and protect form disclosure any biometric identifiers or biometric information collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information.
Before using features that collect biometric identifiers or biometric information, you will be prompted with a copy of this policy. By accepting, you are consenting to our collection and storage of your biometric identifiers or biometric information.
Automated Information Collection
In addition to the information that you provide to us, we may also collect information about you during your use of the Products. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Products. Some of the tools we use to automatically collect information about you may include:
(a) Cookies. A “cookie” is a small data file transmitted
from a website to your computer’s hard drive.
Cookies are usually defined in one of two ways, and we may use both of
(1) session cookies, which do not stay on your computer after you close your browser, and
(2) persistent cookies, which remain on your computer until you delete them or they expire.
We use the following categories of cookies on in our Products.
i. Strictly Necessary Cookies. These cookies are essential in order to enable you to use the Products’ feature. Without these cookies, services you have requested, such as maintaining a record of your shift schedules, cannot be provided.
ii. Performance Cookies. These cookies collect
anonymous information on how people use our Products to help us understand how you
use our Products and highlight areas where we can improve, such as navigation.
The data stored by these cookies never shows personal details from which your
individual identity can be established.
iii. Functionality Cookies. These cookies remember choices you make such
as the country from which you use our Products, your screen layout preferences,
and your search parameters. This information can then be used to provide you
with an experience more appropriate to your selections and to make your use of
our Products more tailored to your preferences. The information in these
cookies may be anonymized. These cookies cannot track your browsing activity on
iv. Targeting Cookies or Advertising
Cookies. These cookies collect information about your
browsing habits in order to make advertising more
relevant to you and your interests. They are also used to limit the number of
times you see an advertisement as well as help measure the effectiveness of an
advertising campaign. The cookies are usually placed by third-party advertising
networks. These cookies remember the
websites you visit and that information is shared with
other parties such as advertisers.
One such trusted third-party partner is HotJar. The Products send aggregated, non-Personal
Information to HotJar for the purpose of providing us
with the ability to conduct technical and statistical analysis on the Products’
performances and better understand how our users interact with our Products.
Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Products’ features or lose access to some functionality.
Web Links. Links
provided in our emails and, in some cases, on third-party websites may include
tracking technology embedded in the link. The tracking is accomplished through
a redirection system. The redirection system allows us to understand how the
link is being used by email recipients. Some of these links will enable us to
identify that you have personally clicked on the link and this may be attached
to the Personal Information that we hold about you. This data is used to
improve our service to you and to help us understand the performance of our
(c) Third-party Websites and Services. We work with a number of service providers of marketing communications technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide. The information collected can be gathered through our Products and also on the websites where our marketing communications are appearing. For example, OnShift sends metadata identifying individual users to Pendo.io, Inc. for detailed usage tracking and marketing analysis.
Your Choices and Selecting Your Privacy Preferences
We want to provide you with relevant information that you have requested.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Any transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.
We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information. You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.
Any such communications you receive from us will be administered in accordance with your preferences and this Policy.
Accuracy and Access to Your Personal Information
We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.
Where we can provide you access to your Personal Information in our possession, we will always ask you for a username or UID and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.
To view and change the Personal Information that you have provided to us, you can log in to your account and follow the provided instructions, or contact us directly for assistance.
Information of Minors
We do not intentionally seek to gather information from individuals under the age of sixteen (16). We do not target any of our Products to minors, and would not expect them to be engaging with our Products or services. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our Products and supporting systems.
How We Use Your Information
The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:
· Identify the results of your responses to polls and surveys.
· Preventing malicious activity and providing you with a secure experience.
· Providing service and support for services you request.
· Providing marketing communications that are effective and optimized for you.
· Keeping you up-to-date with the latest benefits available from us.
· Preventing unwanted messages or content.
· Measuring the performance of our marketing programs.
· Contacting you about services and offers that are relevant to you.
Consent to Receive Text Messages from OnShift
To discontinue receiving SMS messages from OnShift at any time, reply STOP or text STOP to 79245 in the United States or 79246 in Canada or call 216.333.1353 or toll-free 800.385.1494. For help, reply HELP or text HELP to 79245 in the United States or 79246 in Canada.
How We Share Your Information
We do not sell or lease your information to any third party. We may disclose your Personal Information to our trusted third-party business partners in accordance with this Policy. We may also share your information with your employer if the employer is a contracted customer of OnShift. We also work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us. For example, when you participate in polls and surveys, we may share the information that you provide with Pendo.io and Hotjar to analyze your responses and aggregate them based on your role or your building location.
We will share your Personal Information with these third parties in order to fulfill the service that they provide to us. These third-party partners are under contract to keep your Personal Information secure and not to use it for any reason other than to fulfill the service we have requested from them. For example, one of our trusted third-party partners is PayActiv, which performs some banking services. However, none of the banking information provided to PayActiv is stored or processed by OnShift. Likewise, if you provide your credit card information to purchase certain services from the Products, OnShift will not store or process that information. Instead, any credit card information collected through the Products will be stored and processed by a trusted third-party and PCI-DSS compliance vendor, such as Braintree, a division of PayPal, Inc.
Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:
· Responding to duly authorized information requests from law enforcement or other governmental authorities.
· Complying with any law, regulations, subpoena, or court order.
· Investigating and helping prevent security threats, fraud, or other malicious activity.
· Enforcing or protecting the rights and properties of OnShift or its subsidiaries.
· Protecting the rights or personal safety of OnShift’s employees.
There are circumstances where OnShift may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, OnShift will ensure your information is used in accordance with this Policy.
Your California Rights
Pursuant to California Civil Code Section § 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
Other than as disclosed in this Policy, the Products do not track users over time and across third-party websites to provide targeted advertising. Therefore, the Products do not operate any differently if it receives Do Not Track (“DNT”) signals from your internet web browser or device.
With respect to its Products, the extent to which OnShift is governed by the California Consumer Privacy Act of 2018 (“CCPA”) may be dictated by whether OnShift operates as a “Service Provider” as defined under CCPA. To the extent that OnShift is recognized as a Service Provider, it will abide by the terms of the written contract between OnShift and any applicable “business,” such as an employer or other OnShift customer.
If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law. Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity.
Access. You may email us at firstname.lastname@example.org to request a copy of the Personal Information our Product databases currently contain.
Prohibit Data Sharing. When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to email@example.com. In your email, please explain how you wish us to prohibit the sharing of your Personal Information, and which categories of third parties you want to prohibit from receiving your Personal Information. When such prohibitions are not possible to provide our services to you, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Portability. Upon request and when possible, we can provide you with copies of your Personal Information. You may submit a request via email to firstname.lastname@example.org. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Deletion. If you should wish to cease use of our Products and have your Personal Information deleted from our Products, then you may submit a request by emailing us at email@example.com. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information. In addition to the email address provided above, you may also submit requests at the following toll-free telephone number: 1-800-385-1494.
In addition, if a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
For Users Outside of the United States
We do not warrant or represent this Policy or the Products’ use of your Personal Information complies with the laws of any jurisdiction. Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours. Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.
For Product Users in the European Union (“EU”)
Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR. For the purposes of this Policy, Company operates as a data controller. Any personal data we collect from you is processed in the United States and under the terms of this Policy.
Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing. You may always withdraw your consent to our use of your personal data as described below. We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.
The Data Controllers are:
NAME: OnShift, Inc.
ADDRESS: 1621 Euclid Avenue, Cleveland, OH 44115
EMAIL ADDRESS: firstname.lastname@example.org
You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below:
Access. You may email us at email@example.com to request a copy
of the personal data our Product databases currently contain.
Automated Processing and Decision-Making. You may email us at firstname.lastname@example.org to
request that we stop using your personal data for automated processing, such as
profiling. In your email, please explain
how you wish us to restrict automated processing of your personal data. When such restrictions are not possible, we
will advise you accordingly. You can then choose to exercise any other rights
under this Policy, to include withdrawing your consent to the processing of
your personal data.
Correction or Rectification. You can correct
what personal data our Product database currently contains by accessing your
account directly, or by emailing us at email@example.com to request that
we correct or rectify any personal data that you have provided to us. We may
not accommodate a request to change information if we believe the change would
violate any law or legal requirement or cause information to be incorrect.
Where applicable, we will ensure such changes are shared with trusted third
Restrict Processing. When applicable,
you may restrict the processing of your personal data by submitting a request
via email to firstname.lastname@example.org. In your email,
please explain how you wish us to restrict processing of your personal data.
When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other
rights under this Policy, to include withdrawing your consent to the processing
of your personal data. Where applicable, we will ensure such changes are shared
with trusted third parties.
Object to Processing. When applicable,
you have the right to object to the processing of your personal data by submitting
a request via email to email@example.com. When such
objections are not possible, we will advise you accordingly. You can then
choose to exercise any other rights under this Policy, to include withdrawing
your consent to the processing of your personal data. Where applicable, we will
ensure such changes are shared with trusted third parties.
Portability. Upon request and when possible, we can
provide you with copies of your personal data. You may submit a request via
email to firstname.lastname@example.org. When such a request cannot be honored, we will
advise you accordingly. You can then choose to exercise any other rights under
this Policy, to include withdrawing your consent. Where applicable, we will
ensure such changes are shared with any trusted third parties.
Withdraw Consent. At any time, you may withdraw your consent
to our processing of your personal data through the Products by notifying us
via email at email@example.com. Using the same
email address associated with your Product account, simply type the words
“WITHDRAW CONSENT” in the subject line of your email. Upon receipt of such a
withdrawal of consent, we will confirm receipt and proceed to stop processing
your personal data. Where applicable, we will ensure such changes are shared
with trusted third parties.
Erasure. If you should wish to cease use of our Products
and have your personal data deleted from our Products, then you may submit a
request by emailing us at firstname.lastname@example.org. Upon receipt of
such a request for erasure, we will confirm receipt and will confirm once your
personal data has been deleted. Where
applicable, we will ensure such changes are shared with trusted third
· Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.
Safeguarding the Information We Collect
We take reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also immediately notify us of any unauthorized use of your credentials or Personal Information.
Changes to this Policy
How to Contact Us
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at email@example.com.