November 8, 2018
TABLE OF CONTENTS
- 1. Information Collection
- Information You Provide to Us
- Personal Information
- Payment Information
- ID Verification
- General Audience Service
- Non-Identifying Information/Usernames
- Combination of Personal and Non-Identifying Information
- Information Received from Third Parties
- Information Collected from Users Automatically
- Web Beacons
- Embedded Scripts
- “Do Not Track” Signals
- User Profiles
- Job postings Through the Service
- Social Networking Services
- Information about Freelancers Shared with Clients
- Information about Clients Shared with Freelancers
- Service Providers
- If You Agree to Receive Information from Third Parties or Request That We Share Your Information
- Legal and Investigative Purposes
- Internal and Business Transfers
1. INFORMATION COLLECTIONUsers of the Service may be Clients, Freelancers or both.
Information You Provide to UsWhen you use the Service, you may provide us with your information. This may include but not limited to your name, contact details, and financial account information in order to make or receive payments for services through the Workshift platform. When you use the Service, we may also collect information related to your use of the Service and aggregate this with information about other users. This information helps us improve our Services for you.
Personal Information: In the course of using the Service as a Client or Freelancer, we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Personal Information may include but not limited to your name, email address, company address, billing address, residential address and phone number.
Payment Information: If you use the Service to make or receive payments, we may also collect various types of payment related information, such as credit card, PayPal or other financial account information required from the relevant financial institution, and billing addresses.
ID Verification: We may collect Personal Information, such as your date of birth and full name to validate your identity. We may request copies of documents to verify this information, such as a copy of your passport or other government-issued identification.
General Audience Service: The Service is for a general audience and for users who are 18 or older. We do not intentionally collect Personal Information from anyone younger than age 18. If we become aware that a person younger than 18 has provided us with Personal Information, we will take commercially reasonable measures to delete such information from our data files. If you are the parent or legal guardian of a person younger than 18 and believe that Workshift has collected Personal Information from the said person, please contact at: https://workshift-sol.com/contact.
Non-Identifying Information/Usernames: We may collect other information, including but not limited to zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from Workshift registered and non-registered users (“Workshift Users”). We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by other Workshift Users.
Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. Nevertheless, the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information. Workshift may combine your Personal Information with Non-Identifying Information, which we will treat as Personal Information.
Information Received from Third Parties
Information Collected from Users Automatically
Similar to other online companies, we receive technical information when you use our Services. We use this information to analyze how users use our Services, to improve how the Workshift site functions, to save your log-in information for future sessions, and to serve you with advertisements that may be of interest to you.
We and our third party service providers - including analytics and third party content providers - may automatically collect certain information from you whenever you access or interact with the Service. This information may include, but not limited to, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and any other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionalities.
The information we may collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. In addition, some mobile service providers may provide both us and our third party service providers with information regarding the physical location of the device used to access the Service.
Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may employ software technology known as “web beacons” and/or “tracking tags” which are tools that help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may not be visible to you and used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or equivalent technologies with different names may be employed for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Workshift Users navigate the Service, to count how many emails were sent and how many were actually opened, or to count how many particular articles or links were actually viewed.
Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is initially downloaded onto your computer or other device and is later deactivated or deleted when you disconnect from the Service.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use other technologies (such as tags) designed to collect similar information for the purpose of security and fraud detection and we may employ third parties to perform these services on our behalf.
“DO NOT TRACK” SIGNALS
Workshift does not respond to “Do-Not-Track” signals.
Your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Currently there is no general agreement among industry participants as to what “Do Not Track” means in this context. Similar to many websites and online services, we do not change its practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about “Do Not Track,” visit http://www.allaboutdnt.com.
Freelancers may create a profile page with some or all information publicly available. Clients may also create organization profiles.
You may have the opportunity to create a profile page, consisting of information about you, which may include, but not limited to, Personal Information, photographs, samples of your work, information on work previously performed via the Service and outside the Service, skills, academic and career background, tests taken, test scores, pay rates, Evaluations/rating information and other information, including your username (“Profile”). The information in your Profile may be visible to all Workshift Users and the general public depending on the information you provide in your Workshift Profile. You may edit certain information in your Profile via your account. If, you believe that an unauthorized profile has been created about you, you can request to have it removed by contacting us at https://workshift-sol.com/contact.
We post personal testimonials of satisfied users on our Service, in addition to other endorsements. With your consent we may post your testimonial along with your name or username. If you wish to update or delete your testimonial, please contact us at https://workshift-sol.com/contact.
Job postings Through the Service
If you choose to post a job via the Service as a Client, the contents of such posting will be viewable publicly, unless you designate the posting as only viewable through the Service or post it as “private” using the settings available on the website. Job postings include, but not limited to, information regarding budget, location, history of job postings, the names of other Freelancers performing work, Evaluation and evaluation information and timing of project performance.
Social Networking Services
You may register for an account directly with our Site, or through a social networking service. If you register with a social networking service (or later link your account to one), we may collect certain information about you from that social networking service, and what data we collect depends on your privacy settings with that social networking service. In addition, the Service may allow you to “like” or share content with social networking services.
You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook or any other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender or any other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the said SNS and the permissions you grant to us in connection with linking your account with the Service to your account with the SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and Workshift is not responsible for it. The Workshift Service may also permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, such information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). Such features may collect your IP address, detect which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the privacy policies of such respective third parties. You are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, without obligating Workshift to pay any fees or making Workshift subject to any usage limitations imposed by such SNS. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. In addition, beware that if your SNS account terminates, then functions enabled through the link between your Workshift account and your SNS account will terminate as well.
2. THE USE OF INFORMATION
We use information collected through the Service to provide and improve the Service, process your requests, prevent fraud, provide you with information and advertising that may be of interest to you, comply with the law, and as otherwise permitted with your consent.
WE USE INFORMATION WE COLLECT:
To provide and improve the Service, complete your transactions, address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes;
To contact you with administrative communications and Workshift newsletters, marketing or promotional materials (on behalf of Workshift or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the “Your Choices and Rights” section, below;
To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online;
To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent;
To assess your proposal to perform a freelance project for Workshift and prepare related governmental and internal statistics reports;
To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Workshift or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Workshift Users;
We also use your Personal Information for the purposes described below: To Honor Our Contractual Commitments to You. Much of our processing of Personal Information is to meet our contractual obligations to our Users, or to take steps at User’s request in anticipation of entering into a contract with them;
For Our Legitimate Interests. In many cases, we handle Personal Information on the grounds that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals;
・Providing our Site and Service.
・Analyzing and improving our business.
・Communications, including marketing and responding to your inquiries about our services.
・Addressing information security needs and protecting our Users, Workshift, and others.
・Managing legal issues.
・To Comply with Legal Obligations. We need to use and disclose Personal Information in certain ways to comply with our legal obligations.
3.RETENTION OF INFORMATION
Unless you request that we delete certain information (see “YOUR CHOICES AND RIGHTS(INCLUDING CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT)” below), WE retain the information we collect for at least 5 years and may retain the Information for our legal purposes to respond to claims by Users for the period of extinctive prescription in which Users’ rights of such claims will remain under the Japanese Civil Law.
4. INFORMATION SHARING AND DISCLOSURE
We may share information about you to provide the Services, for legal and investigative purposes, in connection with promotions, or if we are part of a merger or acquisition. We may also share non-identifying information with third parties. You may decide as to whether we share your personal information with third parties for their own marketing purposes.
Information about Freelancers Shared with Clients, and Settlement Agencies: We share information regarding Freelancers who have entered into a contract with a Client or who have elected to participate in settlement agencies, including information regarding work history, with Clients, and settlement agencies. Note that if a Freelancer is suspended from the Workshift Service, we may share that information with Clients for whom that Freelancer has worked or submitted proposals for work. When you submit a proposal for work as a Freelancer via the Service, we will share information relevant to your proposal with the applicable Client(s), including, but not limited to, all information contained in your Freelancer Profile.
Information about Clients Shared with Freelancers: If you have entered into a service contract with another user or agreed to use settlement agencies, we may provide the user with your name, company address, or billing address in order to complete the transaction or to facilitate the resolution of a claim or dispute. Unless you have expressly consented to it, the user receiving your information is not allowed to use it for purposes unrelated to the transaction, such as to contact you for marketing purposes.
Service Providers: We may outsource third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (for example, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of Workshift’s features, and so on) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
Legal and Investigative Purposes: Workshift will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in connection with reporting earnings. To enforce and comply with the law we cooperate with government and law enforcement officials and private parties. We will disclose information about you to government or law enforcement officials or private parties as we, in our discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of government authorities or other third parties conducting an investigation, to protect the property and rights of Workshift or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. As part of our compliance to prevent or stop activities above we may also use Device Identifiers to identify Workshift Users, and may do so in cooperation with third parties at our discretion.
Internal and Business Transfers: Workshift may share information, including Personal Information, with subsidiaries, affiliates, and other relevant companies primarily for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. If there is any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information you will be notified via email, Workshift Messenger and/or a prominent notice on our website.
Contests and Promotions: We may offer contests, and other promotions (a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain certain requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other significant signs of your persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of the Promotion, including, but not limited to, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
- In the case when it is necessary to protect life, body, or property, of a User, and when it is difficult to gain permission from the said User.
- In the case when it is necessary to protect critical interests such as User’s life, health, and property.
- In the case when it is necessary for the protection of public interests, or for the exercise of authority by a third party, based on laws and ordinances, to disclose our Services or personal information of a User.
- In the case when it is necessary for the interests of a third party or any other interested parties to disclose our Services and personal information of a User within a scope that does not infringe on the interests of the said User.
5. THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES
We may collaborate with advertising agencies and vendors who use technology to help us understand how people use our Site. Such vendors may use technologies to serve you advertisements that may interest you. You can decide to opt out of receiving interest-based advertising.
Workshift works with (or may in the future work with) network advertisers, advertising agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activities on the Service and/or on other websites or services, they may set and access their own tracking technologies on your device (such as cookies and web beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us. If you decide to opt out, please understand that you will continue to receive generic ads, but not targeted ads.
While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program.
6. YOUR CHOICES AND RIGHTS (INCLUDING CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT)
It is important for you to know that you have certain choices regarding how we may communicate with you.
You may opt-out of receiving emails from us by following the opt-out instructions (often called unsubscribe instructions). Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email, Workshift Messenger and/or other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. Similarly, registered Workshift Users who access the Service by using certain desktop browsers may, with permission, receive push notifications. Notification (including emails) preferences can be modified in the settings menu for the mobile application or the applicable browser.
All Users may request access to or correction of any Personal Information we have about them or delete their account and/or request deletion of all Personal Information we have about them. In certain jurisdictions, Users may have certain rights with regard to their Personal Information. We will honor User requests to the extent we can reasonably do so and as required by law, but some information will remain on the Services, such as information you posted publicly.
Upon request Workshift will provide you with information about whether we hold any of your Personal Information. You may delete your account and/or request deletion of all personal information about you contained within the Services. We will honor your request to the extent we can reasonably do so, but some information will remain on the Services, such as information that you posted publicly.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, edit, or request deletion of your personal information by making updates to that information. If you request to access all personal information you’ve submitted, we will make our best effort to respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you close your account, you will no longer be able to use the Service. If you would like us to delete your account in our system, you can do so through the Workshift Service (once you logged in, visit settings/ user settings, and then click on the close my account link).
You have the right to withdraw your consent to our use of your Personal Information at any time. The withdraw of consent will not affect the lawfulness of use based on consent before its withdraw. You are able to withdraw the consent to our use of your Personal Information in your Profile by deleting or editing such information on your account. If you request to withdraw the consent to our use of your other Personal Information, please contact us at info@(at)workshift-sol.com.
Depending on where you are located, you may have certain rights with regard to your Personal Information. If you are located in the European Economic Area (“EEA”), in addition to the rights described above, you may contact us at the contact information provided below to (1) request a restriction on the processing of your Personal Information, (2) object to the processing of your Personal Information, or (3) receive your Personal Information which you have provided to us, in a structured commonly used and machine-readable format.
PLEASE NOTE THAT YOU HAVE THE RIGHT TO OBJECT, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, AT ANY TIME TO SUCH USE OF YOUR PERSONAL INFORMATION FOR OUR LEGITIMATE INTERESTS ABOBE-MENTIONED AT “THE USE AND RETENTION OF INFORMATION” YOU ALSO HAVE THE RIGHT TO OBJECT AT ANY TIME TO USE OF YOUR PERSONAL INFORMATION FOR DIRECT MARKETING WHEN YOUR PERSONAL INFORMATION IS USED FOR SUCH MARKETING PURPOSES.
While we strongly encourage you to first raise any questions or concerns about your Personal Information directly with us, you have a right to lodge a complaint with the relevant supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
We will use commercially reasonable efforts to honor your request; however, please be aware that certain information will actively remain on the Service even if you close your account, including information in messages you posted to the Service. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may remain internally for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we generally do not remove information you posted publicly through or on the Service. Please be aware that neither you nor Workshift can delete all copies of information that has been previously shared with others on the Service. 7. SECURITY
We take a number of measures to protect your data; however, no security is guaranteed.
Workshift takes commercially appropriate measures to protect and secure the information it collects and stores about Workshift Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our Workshift Users. However, please remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we make great efforts to protect your personal data, Workshift cannot ensure and does not guarantee the security of any information you provide us.
8. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
Because Workshift is a Japanese company, we process and store your information in Japan.
9. LINKS TO OTHER SITES
Our Service contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. Such third party websites may place their own cookies or other files on your computer, collect data or request Personal Information from you. We encourage you to read the privacy policies or statements of the third party websites you visit.
10. PUBLIC PROFILE
Unless your account is closed or suspended, the profile you create on our site will be publicly accessible.
Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Workshift. If you believe you have received an email or had a similar interaction with a third party pretending to be Workshift, please report it to Workshift at: https://workshift-sol.com/contact.
12. CHANGES TO THIS POLICY
13. CONTACTING US
Our contact details:
Workshift Solutions Co., Ltd.
2-8-7 Shibuya, Shibuya-ku, Tokyo 150-0002, Japan (Aoyama Miyano Building 2nd Floor)