StaffWizard Privacy Policy

StaffWizard LLC (“StaffWizard”, “us”, or “we”) is committed to providing transparency to its customers and users with respect to its practices in handling their personal information. To that end, this Privacy Policy describes how we collect, use and disclose personal information and how this personal information can be consulted and corrected when necessary.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY VISITING THE WEBSITE (“WEBSITE”), ACCESSING AND USING THE SOFTWARE-A-A-SERVICE PLATFORM (“PLATFORM”), DOWNLOADING AND USING THE ASSOCIATED MOBILE APPLICATION (“APP”) (COLLECTIVELY “SERVICES”), BY CONTACTING US OR AGREEING TO RECEIVE EMAILS FROM STAFFWIZARD, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS NOT TO USE OUR SERVICES. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This Privacy Policy does not extend to websites or services operated by third parties. StaffWizard is therefore not liable for their privacy policies, procedures and practices regarding the protection of personal information. This Privacy Policy is incorporated into and is subject to our Master Terms of Service. Capitalized terms used but not defined in this Privacy Policy have the meanings given to them in our Master Terms of Service.

Our Relationship With You

If you are visiting our Website, we may gather certain “Personal Information” that you may provide to us and/or upload via the Website.  StaffWizard will use such Personal Information as set forth in this Privacy Policy.

Our Relationship With Your Employer

For users accessing the Services, StaffWizard has entered into an agreement with your employer granting you permission to access and use the Services (the “Agreement”). StaffWizard will process your Personal Information on behalf of your employer and in accordance with its lawful instructions. The information you provide to us and/or upload via the Services (whether or not it constitutes Personal Information) will also be governed by our Agreement with your employer.

References in this Privacy Policy to “your employer” shall refer to the entity who has entered into the Agreement with us, whether or not as a matter of law you are an employee, consultant or contractor of that entity, and such references are not intended to characterize or prejudice your status vis-à-vis that entity.

Information      We Collect

The types of personal and other information we may collect about you are primarily from four sources: (a) information you provide; (b) information provided by your employer; (c) information collected via the Services; and (d) information automatically collected. The legal bases for our processing of Personal Information are primarily that the processing is necessary for providing the Services and that the processing is carried out in our legitimate interests, which are further explained in the “How We Use Your Information” section. We may also process Personal Information upon your consent, asking for it as appropriate.

• Information You Provide

When you access the Services, we may ask you to voluntarily provide us certain information that personally identifies you or could be used to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your mailing address, e-mail address and phone number); (2) demographic data (such as your postal code); (3) professional information (such as your company name, your function and your employee ID); (4) schedule information; (5) incident report data (including without limitation time, action, details, location, etc.); (6) license information; and (5) other identifying information that you voluntarily choose to provide to us and/or required by your employer, including without limitation unique identifiers such as passwords, photos, or Personal Information in emails or letters that you send to us. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent. If you choose to withhold any Personal Information, requested by us, it may not be possible for you to gain access to certain parts of the Service.

• Information Provided by your Employer

Your employer may give us information about you: (1) when creating a user profile for you in order to enable you to access the App under the Employer Agreement (whether on a trial or full basis) or to enable us to provide our Services. This information may include your name, company email address, company telephone number, job title, level of seniority, department, work start date, salary and primary office location; (2) otherwise in the course of your employer’s use of the App.

• Information Collected via the App

Depending on your device, our App may request certain permissions that allow it to access your device data. By default, you must grant these permissions before the respective information can be accessed. Once the permission has been given, you can revoke it at any time, and it is your responsibility to monitor/adjust them in accordance with your preferences. In order to revoke these permissions, you may refer to the device settings. The exact procedure for controlling app permissions may be dependent on your device and software. Please note that the revoking of such permissions might impact the proper functioning of the App. If you grant any of the permissions listed below, your information may be collected by the App:

• Phone: This permission allows the App to open your phone app to make outbound calls using phone numbers stored within the App. A few examples would be to contact your company’s emergency number, the local emergency services number or contacts at any of the locations you are working at. There are no components in the App which permit us to listen in on, record or tracks calls being made. All call actions being made will appear on screen when your phone app is opened after selecting an option to make a call. Once you have signed out of the App, there are no functions used to prompt a call from your device.
• Location: This permission is used to grant the App access to transmit your device’s location, using Google’s location services, to the StaffWizard server when you signed in and using the App. This is done to provide your employer with your location while you are working to ensure your safety. When you sign out of the App, all location transmissions are cut – StaffWizard will not be able to access your location.
• Camera: This permission is needed to allow the App to use your camera when taking pictures or video from within the App or when the remote safety recording is triggered by your employer. Like the phone permission, the App will simply open your camera app so that you can take the picture to add to a report or record a video (watch mode). The remote safety recording feature can be triggered by your employer if they have enabled the feature. The screen will change on your device so that you are aware of the recording. Once you have signed out of the App, there are no functions used to access your camera. In some countries or states video recording is not permitted, this feature can be disabled by your employer to meet all regulations in your area.
• Microphone: Almost identical to the camera permission, the microphone permission is requested so that the App can record audio during a video recording or as part of the remote safety recording feature triggered by your employer. Your microphone cannot be accessed once you have signed out of the App. In some countries or states audio recording is not permitted with video, this can be configured by your employer to meet all regulations in your area.
• Storage: The App requests access to your device’s storage so that it can access the images and videos taken from within the App and delete them once uploaded to the StaffWizard server. There is also an option to upload images from your device instead of having to take the picture from within the App itself. This permission gives us the ability to access those images – we do not access any other data saved on your device. Like all other permissions the App requests, access to your device’s storage is not permitted once you have signed out of the app.

Information Automatically Collected

StaffWizard may employ browser cookies or similar technologies to identify the computer, mobile device, and record your preferences and other data. We use browser cookies or similar technologies to evaluate how our Services, devices or applications are used and to provide continuous improvement to our products, Services and applications, to make recommendations, and to complete transactions you request. Cookies may be stored locally on mobile devices or on computer servers operated or controlled by third party vendors of StaffWizard. In addition, when you visit our Website or use our App, our systems automatically collect your IP address and the type of browser that you use. We may employ third parties to place advertisements about our products, Services and applications on other websites. The use of cookies or other similar technologies by such third parties is governed by their privacy policies. You may limit the automatic collection of certain information by our Website or App by disabling the cookies using your browser options. Please be aware that disabling cookies may prevent you from using specific features on our Website or App, such as maintaining an online account.

How We Use Your Information

We take steps designed to ensure that only the employees who need access to your Personal Information to fulfil their employment duties will have access to it.

We use the information that we collect in a variety of ways in providing the Services and operating our business, including:

• to operate, maintain, enhance and provide all the features of the Services, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Services;
• to carry out our obligations arising from the Employer Agreement;
• to understand and analyze the usage trends and preferences of our users, to improve the Services, and to develop new products, services, features, and functionality;
• to prevent and detect fraud or misuse of your products, Services and App;
• to send you communications subject to applicable laws;
• or to comply with legal and regulatory requirements where applicable.

How We Share Your Information

In certain circumstances, and in order to perform the Services, we may disclose certain information that we collect from you:

• within our family of companies, which includes parents, corporate, affiliates, subsidiaries, business units and other companies that share common ownership;
• with your employer in accordance with the Employer Agreement;
• with third-party service providers working on behalf of StaffWizard;
• with emergency service providers;
• with law enforcement and governmental entities when required by law;
• and to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of your Personal Information commits to a privacy policy that has terms substantially consistent with this Privacy Policy.

When we disclose your Personal Information to third parties, we take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with and these third parties provide sufficient guarantees to implement appropriate technical and organizational measures.

We may finally make certain automatically collected, aggregated, or otherwise non-personally identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding your interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Services.

How We Store Your Information

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By visiting the Website, downloading the App or using the Services, you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than in your country. While such information is outside of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

However, our practices regarding your Personal Information will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with the General Data Protection Regulation (“GDPR”) requirements providing adequate protection for the transfer of Personal Information from the EU/EEA to third country.

StaffWizard has implemented various physical, administrative and technical safeguards designed to protect the confidentiality and security of Personal Information under our control. However, no security measures are absolute or wholly guaranteed and you must be aware that there is always a certain level of risk that the Personal Information you provide to us will be disclosed without your consent and without fault on the part of StaffWizard. If you believe your Personal Information has been compromised, please contact us as set forth in the “Contact Us” section. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

We will only keep your Personal Information for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Policy and in order to comply with our legal and regulatory obligations. If you would like further information regarding the periods for which your Personal Information will be kept, please contact us as set forth in the “Contact Us” section.

Rights Regarding Your Personal Information

StaffWizard acknowledges that you have the right to access and correct your Personal Information, in accordance with applicable law[, or additional rights under the GDPR]. Please note that where StaffWizard collects personal information through Services provided under its Agreement with your employer, and under the direction of your employer, and has no direct relationship with you. If you would no longer like to be contacted by your employer and/or would like to access or correct your Personal Information, please contact your employer that you interact with directly.

Children’s Online Privacy

The Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Services at any time or in any manner. If we learn that Personal Information has been collected via the Services from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has provided Personal Information, then you may alert us as set forth in the “Contact Us” section and request that we delete that child’s Personal Information from our systems.

Privacy Statement – California

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records;
• De-identified or aggregated consumer information;
• Information excluded from the CCPA’s scope, like: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us;
• Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them;
• Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically; and
• From third parties that interact with us in connection with the services we perform.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to prepare a tax return, we will use that information to prepare the return and submit it to the applicable taxing authorities.
• To provide you with information, products or services that you request from us;
• To provide you with email alerts, event registrations and other notices concerning our Services, or events or news, that may be of interest to you;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you, your employer and/or us, including for billing and collections;
• To improve our website and present its contents to you;
• For testing, research, analysis and product development;
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• As described to you when collecting your personal information or as otherwise set forth in the CCPA;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. For example, you may be accessing and using the Services under an Agreement we entered into with your employer, requiring us to obtain, use and disclose your Personal Information to carry out obligations set forth in that Agreement. Such use and disclosure is a necessary part of providing the Services under the Agreement.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

[LIST THE APPLICABLE CATEGORIES OF INFORMATION (CATEGORY A – K) FROM THE ABOVE CHART HERE]

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates;
• Service providers; and
• Third parties to whom you, your agents and/or your employer authorize us to disclose your personal information in connection with the Services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

1. The categories of personal information we collected about you;
2. The categories of sources for the personal information we collected about you;
3. Our business or commercial purpose for collecting or selling that personal information;
4. The categories of third parties with whom we share that personal information;
5. The specific pieces of personal information we collected about you (also called a data portability request);
6. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
   1. sales, identifying the personal information categories that each category of recipient purchased; and
   2. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, Deletion, and Opt-out Rights

To exercise the access, portability, deletion, or opt-out rights described above, please submit a verifiable consumer request to us by either:

    Calling us at: 248-488-8888

    Emailing:      support@staffwizard.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person or an authorized representative of the person we collected personal information on; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: contacts listed in the “Exercising Access, Data Portability, Deletion, and Opt-out Rights” section above.

 Date modified: July 23, 2021