Instawork Privacy Policy
Last Modified: January 2, 2025
Effective Date: January 2, 2025
The previous
version of our Privacy Policy, which remained in effect until January 2, 2025,
can be found HERE.
1. Introduction
Instawork
created, develops, and maintains an online software and mobile platform on
which businesses (“Partners”) and
workers (“Professionals”) connect to
fill one-time and/or recurring work opportunities. When You (“You”) use our platform, including our
websites, mobile applications, content, and services (collectively our “Services”), You provide Your
information to us. Because we value Your privacy, this policy (our “Privacy Policy”) describes how we
collect, use, and disclose Your personal information.
Please carefully
read this Privacy Policy, which we incorporate into our Terms of Use (“Terms”), located at https://instawork.com/legal/instawork-terms-of-use. 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 privacy@instawork.com or at the address provided at the end of this Privacy Policy.
2. What We Collect
Depending on
which Services You use and how You use them, Garuda Labs, Inc. dba Instawork
and its subsidiaries and affiliates (“Instawork,”
also referred to as “we,” “us,” and “our”) may collect different types of information from and about
You. We collect this information in three ways: 1) when You provide it directly
to us; 2) when we collect information generated through Your use of the
Services, and 3) from other sources.
2.1. Information You Provide to Us
Partners and
Professionals use our Services to match available work opportunities with
available workers who possess a relevant skill set, and the information we
collect is intended to support this goal. To make these worker connections,
Partners and Professionals both must register for 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
information about You and the Partner. Similarly, if You are a Professional, we
may collect Your name, email address, home address, and other 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 that You choose to provide 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 Professional or Partner
profile), which, depending on Your location and the Services You use, may
include Your name, email, social security number or social insurance number,
mobile device number, phone number, username and password, address, payment or
banking information, government identification numbers, birth date and
photographs. You may also choose to include Your race and/or ethnicity;
●
Request certain services or features through the
Services (such as through our mobile applications or websites, which may
include Your provision of health information);
●
Contact Instawork, including for support;
●
Contact other users (including Professionals,
references or Partners) through our Services;
●
Work shifts as a Professional through our
Services;
●
Post shifts as a Partner through our Services;
●
Complete surveys sent to You by Instawork or on
behalf of Instawork or otherwise participate in user research; or
●
Enable features that require Instawork’s access
to Your address book or calendar.
You may also provide us with information 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 above.
We also use third-party service(s) for identity
verification of Professionals. Such service(s) may collect information on our
behalf, such as facial geometry/facial mapping, that may be
considered to be a “biometric identifier,” “biometric information,” or
“biometric data” under certain laws. Our collection, use, and disclosure of
such biometric information is subject to the terms set forth in the notice
provided to You prior to the collection of this information.
2.2. 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, Instawork may collect Your precise or
approximate location information, as determined through data such as GPS, IP
address, and WiFi. Instawork collects location
information when the mobile application is running in the foreground (mobile
application open and on-screen) of Your device. Instawork 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
Instawork 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 Instawork 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 service engagements, engagement fees,
purchases made with an Instawork Debit Card (if You choose to use this service
through Instawork), and other related transaction details and information.
●
Usage Data and Preference Information: We collect information about how You interact with our Services, Your preferences and settings chosen, and information about
the device and network You use to access the Services (“Usage Data”). 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 device 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. 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 control these third-parties’ use of the
information they collect through these technologies. However, You may use the settings on Your browser/device to control
whether these cookies are placed on Your browser/device or alert You when they
are placed, in addition to the controls set forth in Section 8.1 of this
Privacy Policy.
●
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 Professionals, 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
Professionals to contact one another directly through the Services. Instawork
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.
Instawork 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, Instawork will communicate with You with communications or
through its Alert Service, which includes contacting or messaging You by
telephone, email, short message service, in-app message, push notification, or
text message. Additionally, Instawork 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 Instawork or the Services (such as Instawork’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
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 Instawork’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 Instawork 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 Instawork to access Your
address book and contacts and that Instawork has the right to use Your address
book and contacts in connection with the Services.
2.3. Information From Other Sources
This includes:
●
Users providing feedback, ratings, reviews,
references, or compliments
●
Instawork’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
Instawork's APIs or whose APIs Instawork uses
●
Publicly available sources
●
Marketing service providers
Instawork may
combine the information collected from these sources with other information in
its possession.
3. DISCLOSURE AND USE
We may use Your
information for a variety of purposes, including to provide, enhance,
personalize, maintain and improve our Services. Such use includes using Your
information to:
●
Contact You
●
Match Partners with Professionals
●
Process or facilitate payments related to the
Services
●
Allow references to provide references for
Professionals
●
Enable communications between our users,
including by and among Partners and Professionals
●
Assist You when You contact us for support,
including to direct Your questions to the appropriate Instawork 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 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, rating or
reference
●
Enable features to personalize Your Registered
Account, including Your profile
●
Support Partner safety, security, badging,
and/or audit requirements
●
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 Partners and/or relevant and/or related third parties as
determined by Instawork in its sole discretion), or as otherwise allowed by
applicable law
Except as
otherwise provided in this Privacy Policy, we may disclose or transfer Your
information to: (1) persons or entities that You permit to access or receive
Your information (Your permission being reasonably determined from Your actions
in view of the circumstances), including other users of the Services; (2) if
You are a Partner, any persons or entities at Your organization including those
that may have created a Registered Account with us, and persons or entities
designated by such organization; (3) if You are a Professional, Partners that
have posted or may post shifts on or through our Services and for which You
have accepted or worked a shift through the Services and/or relevant and/or
related third parties as determined by Instawork in its sole discretion; (4)
Your references; (5) third-party providers of services to us such as Internet
hosting providers, Internet services providers, email distribution and email
management providers, screening and recording services (which may be
facilitated by humans or AI/machine-learning software), and software
development or maintenance providers, provided that we have a reasonable belief
that such third-party providers will maintain Your information in confidence;
(6) third parties that provide services enabling us to market and advertise our
Services and other content that has been customized for You through targeted
advertising, targeted content and other means; and (7) any other person or
entity to whom we are permitted or required to disclose Your information by
law, regulation or other provision of this Privacy Policy or the Terms.
We also may
aggregate and de-identify information such that the information cannot
reasonably identify a particular individual. We may use and disclose aggregate
and de-identified information for any purpose and to any parties in our
discretion. For example, and not by way of limitation, we may disclose
aggregate and de-identified information to marketing and research partners
and/or for advertising, marketing and promotional purposes. In addition, we may
identify job posting organizations in our Services and in our advertising,
marketing and promotional materials.
4. 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: (1) in response to
subpoenas, court orders, legal process or other valid legal inquiry 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, where permitted by applicable law.
We may, from time
to time, assign or transfer all or a portion of the information we collect and
our 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
we collect may be disclosed or transferred to any entity affiliated with us or
any of our third-party providers (including those located outside the European
Union or Canada), 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 aggregate and de-identified information for
any purpose.
4.1. Security
We and our
service providers employ certain procedural and technological security measures
that are reasonably designed to help protect Your 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 information private and confidential as appropriate, and not to disclose
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.
4.2. Third-Party Sites, Resources, Tools, Services And Widgets; Advertisements, Sponsorships, And Promotions
Our Services may
link to other websites (including, without limitation, recruiter websites) and
Internet resources, or incorporate third-party tools, services, APIs, SDKs, and
widgets that are not owned, operated or controlled by us. For example, we use Google
Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies
to help us analyze how users use our websites and enhance Your experience when
You use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. You may opt out of having Google
Analytics use your information for analytics by
installing the Google Analytics Opt-out Browser Add-on.
In addition, the
Services (including Instawork’s websites and mobile applications) may contain
advertisements, sponsorships and promotions of third parties. This Privacy
Policy does not cover any information that may be collected from You by (a)
such third-party websites and Internet resources or by any such third parties
in connection with such advertisements, sponsorships and promotions; or (b) any
such third-party tools, services, APIs, SDKs and widgets. You should be aware,
however, that providers of third-party tools, services, APIs, SDKs and widgets,
and advertisements, sponsorships and promotions in the Services may utilize
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,
provide additional functionality, advertisements, sponsorships and promotions
about information, products or services that are tailored to Your interests. We
are not responsible for any: (i) information,
products or services available on or through any linked sites or resources, or
through any 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 use, privacy policies and other agreements provided by
the applicable third parties.
If you are
interested in more information about tailored browser advertising and how you
can generally control cookies from being put on your devices to deliver
tailored advertising, you may visit the Network
Advertising Initiative’s Consumer Opt-Out link or the Digital
Advertising Alliance’s Consumer Opt-Out link (US)
or Digital Advertising Alliance of Canada’s Consumer Opt-Out
link (Canada) to opt out of receiving tailored
advertising from companies that participate in those programs. To opt out of
Google Analytics for display advertising, or customize Google display network
ads, visit the Google
Ads Settings page. For additional ways to opt out of targeted
advertising activities under applicable law, see “eYour Privacy Choices” on our website and
the “Your Rights and Choices” section below.
5. Data From Users Outside The United States and Canada
Although the
Services are accessible over the Internet and therefore available worldwide,
the Services are intended for residents of and business in the United States
and Canada only. If You choose to access the Services from locations outside
the United States and Canada, such conduct is at Your own risk and subject to
the laws of the United States and Canada, which may differ from privacy laws
and regulations in Your state or home country, and You are responsible for
compliance with any local laws and regulations. Nothing in the Services should
be interpreted as a promotion or solicitation for any service of any nature
that is not authorized by the laws and regulations of the country where You are
located. Information collected through or from using the Services may be stored
and processed in the United States, Canada, or any other country in which
Instawork or its affiliates, subsidiaries, or agents maintain facilities, and
by using the Services You consent to any such transfer of information outside of
Your country. Users from outside the United States and Canada should not use or
access the Services or disclose any information, including personal
information, through the Services. Individuals outside the United States and
Canada who disclose any information through the Services, including personal
information, hereby acknowledge and consent to such information being stored in
the United States, Canada or any other country, and transferred outside Your
country.
6. 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. Instawork 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
“personal 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 Instawork 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 privacy@instawork.com or writing to us at Instawork, Attn: Privacy, 548 Market Street, PMB
63152, San Francisco, CA 94104-5401. If we learn that we have collected or
received personal information of persons under thirteen (13) years of age
without verification of parental consent, we will exercise commercially
reasonable efforts to delete this information.
7. Your Rights and Choices
Account Management. 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 Instawork but will not change or affect any actions that Instawork
took in reliance upon Your prior preferences, information, or authorization
before the modification was made. You may decline to provide certain categories
of information to us, and it’s Your choice whether to put certain categories of
information on Your profile. With respect to Your profile, please do not post
or add information to Your profile that You would not want to be publicly
available. If You choose not to provide certain required 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.
Promotional Messages. You may also opt out of receiving emails and other messages from
Instawork 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.
Privacy Rights. Residents of certain US states (including California, Colorado,
Connecticut, Minnesota, Montana, Oregon, Tennessee, Texas, Utah and Virginia)
and residents of Canada have certain rights in relation to their personal
information (as that term and similar terms, such as “personal data,” are
defined in applicable law). For example, You may have
the right to request that we:
●
Confirm whether we process personal
information about You;
●
Correct inaccurate personal
information we have about You;
●
Provide access to and/or a copy of
personal information we hold about You;
●
Delete personal information we have
about You;
●
Opt out of the processing of Your personal information for
purposes of profiling in furtherance of decisions that produce legal or
similarly significant effects, if applicable;
●
California and Oregon residents can
also request information about the categories of personal information we
collect, disclose or sell or share about them; California residents can request
information about the sources of such information, the business or commercial
purpose for collecting or selling or sharing personal information and the
categories of third parties to whom we disclose personal information. Such
information is also set forth in this Privacy Policy.
●
Oregon and Minnesota residents can
request a list of the specific third parties, other than natural persons, to
which we have disclosed personal information.
Residents of the
US states noted above also have opt-out rights, discussed further below. If You
are a California resident, please also see the section on “California
Residents” below for certain information specific to California residents.
Please note: Your
rights and our responses will vary based on your province, state or country of
residence. You may be located in a jurisdiction where
we are not obligated, or are unable, to fulfill a request. In such a case, your
request may not be fulfilled.
If You have such
a right depending on Your jurisdiction of residence, You may exercise Your
right by emailing us at privacy@instawork.com or
writing to us at Instawork, 548 Market St., PMB 63152, San Francisco, CA
94104-5401, Attention: Privacy.
We will take
reasonable steps to verify Your identity and requests, including by verifying
Your account information, residency or the email address you provide. If you
are an authorized agent submitting a request on behalf of another individual,
we may require proof of your written authorization before processing the
request. We do not currently have a method of verifying to a reasonable degree
of certainty the identity of users who do not have a Registered Account, as we
do not maintain enough personal information to enable us to verify such users.
Accordingly, we cannot honor the access or deletion requests of non-registered
users at this time.
Certain
information may be exempt from such requests under applicable law such as
information we retain for legal compliance and to secure our Services.
Applicable law may further provide You with the right to not be discriminated
against for exercising Your rights. If You have enabled a legally recognized
browser-based opt out preference signal (such as Global Privacy Control) on
your browser, we recognize such preference in accordance and to the extent
required by applicable law.
Upon Your written
request, Instawork 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 privacy@instawork.com Please
note that in certain circumstances, Instawork may not be able to completely
remove all personal information about a particular user from its systems. For
example, Instawork 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 Instawork’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.
If You are a
resident of Virginia, Minnesota, Montana, Oregon, Tennessee, Texas, Colorado,
or Connecticut, and we deny Your personal information request, You have the right to appeal our denial. You can exercise
this right by emailing us at privacy@instawork.com or writing to us
at Instawork, 548 Market St., PMB 63152, San Francisco, CA 94104-5401,
Attention: Privacy. Your description must include Your full name
and the email address used for Your account with us, along with a copy of the
denial notice You received from us.
Right to Opt Out of “Sales” and “Sharing.” If You are a California, Colorado, Connecticut, Montana, Oregon, Texas,
Utah or Virginia resident, You may opt out of certain
processing of Your personal information, including for targeted advertising,
under applicable law.
We work with third-party partners to help us
better advertise our Services. These partners collect personal information via
cookies and similar technologies placed on our Services that allow them to
deliver ads that are more relevant to You and analyze Your interactions with
those ads. These cookies may be considered to be a
“sale” of personal information or “sharing” or “processing” of personal
information for “targeted advertising” purposes under state privacy laws. To
exercise Your rights to opt out of these cookie-based “sales” and
“sharing/processing,” please navigate to our website, scroll to the bottom of
the page or the settings of our mobile application, and select “Your Privacy
Choices” to submit Your request. Please note that You
will need to exercise Your choice on each browser and each device you use to
access the Services. Alternatively, if You have a legally-recognized
browser-based opt-out preference signal turned on via Your device browser, we
recognize such preference in accordance with applicable law. Please note that
we do not knowingly sell the personal information of minors under 16 years of
age.
To opt out of the offline disclosure of your
information to third parties for these purposes, please email us at privacy@instawork.com.
8. Changes
This Privacy
Policy may be revised periodically and this will be
reflected by a “last modified” legend at the top of this page. Instawork
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, Instawork 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. The most current version of the Privacy Policy is available at https://instawork.com/legal/instawork-privacy-policy.
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.
9. Additional Information for
California Residents
If you are a California resident, the California
Consumer Privacy Act ("CCPA")
requires us to provide you with the following additional information about: (1)
the purpose for which we use each category of "personal information"
(as defined in the CCPA) we collect; and (2) the categories of third parties to
which we (a) disclose such personal information for a business purpose, (b)
"share" personal information for "cross-context behavioral
advertising," and/or (c) "sell" such personal information.
9.1. Information We Collect, Use, and Disclose
Throughout this Privacy Policy, we discuss in
detail the types of Information we collect from and about You and discuss how
we use and disclose such information. The following are categories of personal
information (as that term is defined under the CCPA) that we collect from
California consumers and that we may, as discussed throughout this Privacy
Policy, use and disclose for our business purposes, described in greater detail
above in Section 2, we collect:
●
Identifiers, such as name, email, telephone
number, government identifiers, and IP address;
●
Demographics, such as age, gender, and
citizenship;
●
Commercial information, such records of Services
obtained or considered;
●
Internet and other electronic network activity,
including device information and usage data including page views;
●
Calls and text messages;
●
Geolocation data;
●
Professional and/or employment-related
information, such as work experience and work preferences;
●
Education Information, such as degrees or
certifications obtained;
●
Audio and visual or other sensory information,
such as photographs and videos;
●
Financial information, such as payment card
information You provide as part of our Payment Services and as covered in
Section 2 above;
●
Inferences about preferences, characteristics,
behaviors, attitudes, abilities, and aptitudes;
●
Health Information, such as any information You
provide us regarding Yourself or a Partner; and
●
Any other information that You provide us that
directly or indirectly identifies You.
Instawork and our service providers may use the
categories of personal information we collect from and about you for the
following business and commercial purposes (as those terms are defined in
applicable law).
●
Instawork’s’ operational purposes;
●
Detecting, protecting against, and prosecuting
security incidents and fraudulent or illegal activity;
●
Bug detection and error reporting;
●
Customizing content that we display on the
Services;
●
Providing the Services (e.g., enabling messaging
between Partners and Professionals, customer service, analytics, and
communication about the Services);
●
Improving our existing Services and developing
new services (e.g., by conducting research to develop new products or
features);
●
Communicating with You about the Services (e.g.,
sending you notifications and Services-related updates);
●
First- and third-party marketing and
advertising; and
●
Other uses about which we notify You.
Examples of these types of uses are discussed
above in Section 3. Disclosure and Use. We may also use the categories of
personal information for compliance with applicable laws and regulations, and
we may combine the information we collect (“aggregate”) or remove pieces of
information (“de-identify”) to prevent identification of any user or device. We
may also disclose this information to third parties for legal, compliance or
security purposes, or in connection with a business transfer, as described further
above. For more detail on our collection practices, including the types and
sources of information we receive, please review our Privacy Policy above,
specifically, “Information You Provide to Us,” (Section 2.1), “Information
Created When You Use The Services,” (Section 2.2), and
“Information From Other Sources,” (Section 2.3).
For information on how we use personal
information and to whom we disclose it, please review “Use and Disclosure”
(Section 2), and “Other Authorized Disclosures” (Section 3). We retain personal
information as long as necessary for the purposes for which it was collected
and processed, and for our legal compliance purposes.
In the 12 months leading up to the date of this
Privacy Policy, we have “sold” or “shared,” or “processed” for “targeted
advertising” purposes, the following categories of personal information: device
and online identifiers, and internet or other electronic network activity
information.
Sensitive Personal Information. The
following personal information we collect is deemed “sensitive” under State
Privacy Laws.
●
Personal information deemed “sensitive” under
more than one State Privacy Law: precise geolocation data, and citizenship.
●
Personal information deemed “sensitive” only
under the CCPA: Social Security number; contents of certain communications
between users initiated through the Services (as covered in Section 2.2 above
under “Calls and Text Messages”); username and password.
We only use and disclose “sensitive” personal
information as necessary for the purpose for which it was collected.
As noted above, our third-party identity
verification provider may also collect biometric information from Pros on our
behalf, and such information may be considered to be
“sensitive” under State Privacy Laws. Instawork does not have access to this
biometric information.
9.2. Your Choices Regarding “Sharing” and “Selling”
You have the right to opt out of our
sale/sharing of Your personal information for purposes of targeted advertising and related
activities through the use of cookies and pixels by
clicking the “Your Privacy Choices” link in the footer of our site. Please note
that You will need to exercise Your choice on each browser and each device you
use to access the Services. Also, if You have certain settings selected in your
browser (including pop-up blockers) you may need to re-configure those settings
to adjust Your settings. If You have a legally-recognized
browser-based opt out preference signal turned on via your device browser, we
recognize such preference in accordance with applicable law.
To opt out of the offline disclosure
of your information to third parties for these purposes, please email us at
privacy@instawork.com.
9.3. Your CCPA Rights
Please see the "Your Rights and
Choices" section of our Privacy Policy above for information about the
additional rights You have with respect to Your personal information under
California law and how to exercise them.
If we ever offer any financial incentives in
exchange for Your personal information, we will provide You with appropriate
information about such incentives.
The CCPA also allows residents of the state of
California to limit the use or disclosure of their “sensitive personal
information” (as defined in the CCPA) if Your
“sensitive personal information” is used for certain purposes. Please note that
we do not use or disclose “sensitive personal information” other than for
purposes for which California residents cannot exercise the right to limit
under the CCPA.
9.4. Do-Not-Track Disclosure
We are committed to providing You with
meaningful choices about the information collected on our Platform for
third-party purposes. That is why we have provided links (above) to the NAI
"Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out
link. However, we do not currently recognize or respond to browser-initiated
Do-Not-Track signals, as the Internet industry is currently still working on
Do-Not-Track standards, implementations and solutions.
9.5. California “Shine
the Light” Law Disclosure
California Law permits California residents to
request certain information once per year regarding our disclosure of “personal
information” (as that term is defined under applicable California law) to third
parties for such third parties’ direct marketing purposes. To make such a
request, please send written notice, by certified mail or Federal Express
(signature required), noting that You are making a “California Privacy Request”
to the following address:
Instawork
Attn: Privacy
548 Market Street
PMB 63152
San Francisco, CA 94104-5401
10. Disclosures for
Residents of Nevada
Under Nevada law, certain Nevada
consumers may opt out of the sale of “personally identifiable information” for
monetary consideration to a person for that person to license or sell such
information to additional persons. “Personally identifiable information”
includes first and last name, address, email address, phone number, Social
Security Number, or an identifier that allows a specific person to be contacted
either physically or online.
We do not engage in such activity;
however, if You are a Nevada resident who has purchased or leased goods or
services from us, You may submit a request to opt out of any potential future
sales under Nevada law by emailing us at privacy@instawork.com. Please note we will take
reasonable steps to verify Your identity and the authenticity of the request.
Once verified, we will maintain Your request in the event our practices change.
11. Disclosures for Residents of
Canada
Instawork is located in
the United States and some of its service providers (including affiliates
acting in this capacity) are located in the United States or elsewhere outside
of Canada. As a result, Your personal information will
be processed and stored outside of Canada for the purposes described in this
Privacy Policy. While outside of Canada, personal information will be subject
to applicable local laws, which may permit government and national security
authorities in those jurisdictions to access Your personal information in
certain circumstances.
You may request access to or correction of Your
personal information, or withdraw consent to our collection, use or disclosure
of Your personal information (as defined in relevant laws), by writing to privacy@instawork.com. These rights are subject to applicable contractual and legal
restrictions and reasonable notice. We may take reasonable steps to verify Your
identity before honoring any such requests.
We may use services provided by third-party
platforms (such as social media and other websites) to serve targeted
advertisements on such platforms to You or others, and we may provide a hashed
version of Your email address or other information to the platform provider for
such purposes. To opt-out of the use of Your information for such purposes,
please send a request using any of the methods set forth below.
We have record retention processes designed to
retain personal information for no longer than necessary for the purposes set
out herein or as otherwise required to meet legal or business requirements.
If You have any questions or comments about this
Privacy Policy or the manner in which we or our
service providers (including our service providers outside Canada) treat Your
personal information, or to exercise any rights in respect of Your personal
information, please contact our Privacy Officer using the contact information
set out below.
12. 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 privacy@instawork.com with the word “Privacy” in
the subject line. Alternatively, You can write to us
at Instawork, Attn: Privacy, 548 Market Street, PMB 63152, San Francisco, CA
94104-5401.