This Privacy Policy (the “Policy”) outlines how Digital Glyde and its affiliates (“Company“ or “us” or “we” or “our“) collect, use, store, process, transfer, and disclose your information through our Website https://openstaff.net/(the “Website”) as well as the Application “OpenStaff” (the “App”) (App and Website are hereinafter together referred to as the “Platform”). It applies to your interactions with and usage of our Platform, involving any services made available to you in connection with temporary job opportunities and additional ancillary services to streamline interactions between customers/recruiters, agencies, and employees (“Services“) By reviewing this Policy, you will gain a comprehensive understanding of your privacy rights and choices.

Your access to or utilization of our Platform, Services, or any affiliated sites, applications, services, and products, including any other websites operated by the Company linked to this Policy, implies your agreement to be governed by this Policy. By providing us with your Personal Information, you expressly consent to the use and disclosure of your Personal Information as outlined in this Policy. This Policy, along with the Terms of Service, applicable product terms and conditions, is applicable to your use of the Services and you explicitly agree and acknowledge to read the Privacy Policy in conjunction with the Terms of Service.

The term “Personal Information” shall mean any information that relates to an identified or identifiable individual, and can include information that you provide to us and that we collect about you, such as when you engage with our Services (e.g. device information, IP address).

The Platform serves as a facilitator, enabling users for temporary job opportunities and additional ancillary services to streamline interactions between customers/recruiters, agencies, and employees. Operating as an intermediary, we refrain from any liability arising apart from administering and managing the Platform, including any services made available, and we do not directly partake in the transactional interactions between Staffing agencies and temporary employees. Our core responsibility involves Platform management, ensuring the accuracy of user information, and facilitating seamless transactions

By utilising the Services, engaging with our Platform, or furnishing your Personal Information, you explicitly agree and acknowledge that you accept the terms delineated in this Policy. The terms ‘You‘ or ‘Your‘ in the context of this Policy collectively pertain to any user of our Platform or any individual utilising our Services, whether for personal use or on behalf of others. Furthermore, your use or access of our Platform mandates your consent to adhere to the laws of Texas, including, but not limited to, regulations concerning data protection and privacy. Should you withhold your consent, kindly refrain from using or accessing our Platform.

By visiting the Platform or providing your information, you expressly agree to be bound by this Privacy Policy and agree to be governed by the privacy laws of the United States including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant regulations governing data protection and privacy.

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY, PLEASE REFRAIN FROM ACCESSING AND/OR USING OUR PLATFORM.

1.  TO WHOM DOES THIS POLICY APPLY?

1.1 This Policy is inclusive and applies to all users of our Platform, regardless of whether the users are exploring temporary job opportunities, utilizing additional services, or interacting with third-party service providers and agencies and making payments through our secure payment gateway partners.

1.2. The applicability of this Policy extends to users regardless of the device type used for accessing our Website, whether it be a laptop/desktop or a mobile/tablet device.

2. WHAT IS THE INFORMATION THAT WE COLLECT FROM YOU?

2.1. To use our Platform, you need to create an account and register with us (“Account”) and for this purpose, we collect certain Personal Information. This may include but is not limited to the following:

2.1.1. Basic Information: You are required to provide basic information such as user name, state, age, gender;

2.1.2. Contact information: such as email address and mobile number;

2.1.3. Payment data: including the details of the payment method such as credit or debit card number, bank account information, merchant, and location.

2.1.4. Verification Data: We may collect Curriculum Vitae along with covering letter, social security number (last 4 digits), driver’s license number etc information for the use of our Platform and Services

2.1.5. Communication with us: This can include any communication that you send to us, including communications for any inquiries, payments, technical support, etc;

2.1.6. Device Identification data: This includes information that may assist us in identifying your device, including login information, browser type, and version, your operating system, etc; and

2.1.7. Location Information: This includes using GPS data when the app is open or in the background, and your IP address if you haven’t given access to GPS. The app uses your location (precise or approximate) to help you find jobs. If you permit the Application to use location services through the permission system used by your mobile platform or computer browser.

2.1.8. Other Data: This can include the following, based on your interaction with the Platform-

a. Number of times you logged into your Account;
b. Number of hours worked on the Platform;
c. The period of time from which you became and have continued to be active on the Platform(Clock in) and logged out (Clock out);
d. Other similar statistics we may collect with the intention to improve the user experience of the platform.

2.2. You agree to provide us with your Personal Information whenever you use our Services by performing any of the following functions:

2.2.1. Accessing our Platform by means of any web browser or any device;

2.2.2. Creating an Account and registering for our Services on our Platform;

2.2.3. Inquiring about our Services through our Platform;

2.2.4. Initiating and maintaining correspondence with us.

2.3. The Company provides you with the convenience of storing your payment methods on the Platform. By opting for this feature, you consent to the storage of your Personal Information, including your payment method.

2.4. We take extra precautions to ensure that such Personal Information is kept secure and confidential, and we will only retain this data for as long as necessary for the purposes for which we collect it as per the permissible laws of the land.

2.5. This Policy will not apply to any unsolicited information provided by you through the Platform or through any other means. This includes but is not limited to, information posted on any public areas of the Platform. All such unsolicited information shall be deemed to be non-confidential and we will be free to use and disclose such unsolicited information without limitation.

2.6. We shall not be liable for any loss or damage sustained by you as a result of any disclosure (inadvertent or otherwise) of any Personal Information concerning your Account, credit cards, or debit cards in the course of any online transactions or payments made for any Services offered through the Platform. All the data will be stored in Stripe Cloud, For this purpose, we recommend that you go through the terms of service of the payment service provider [Stripe], which can be accessed [here].

2.7. Access to your Personal Information is limited to employees, agents, partners, and third parties, who we reasonably believe will need that information to enable us to provide Services to you. However, we are not responsible for the confidentiality, security, or distribution of your own Personal Information by our partners and third parties (who have their own privacy policies) outside the scope of our agreement with such partners and third parties.

2.8. When you use our Platform, we collect and store your information which is provided by you from time to time. In general, you can browse the Platform without telling us who you are or revealing any Personal Information about yourself. Once you give us your Personal Information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service, product, or feature on the Platform.

3.  HOW DO WE COLLECT THE INFORMATION?

In addition to direct user interactions, we leverage cookies and similar technologies to enhance the functionality and user experience on the Platform. These allow us to collect and process additional information for various purposes:

Cookies: We utilise cookies, which are small text files stored on users’ devices. These cookies assist in tracking user preferences, optimising Website functionality, and providing a customised experience. Users have the option to manage cookie preferences outlined through their browser settings;

Web Beacons and Pixels: We may employ web beacons and pixels, which are electronic images embedded within the Website. These tools help track user engagement, measure the effectiveness of marketing campaigns, and gather aggregated statistical data on Website usage;

Log Files: Our servers automatically collect information sent by users’ devices, known as log files. This data may include IP addresses, device information, browser type, and timestamps. Log files are instrumental in analysing trends, administering the Website, and diagnosing technical issues;

Third-Party Analytics: We may integrate third-party analytics services to further understand user behaviour. These services utilise their own tracking technologies to compile reports on Website activity, aiding us in improving our Services;

Location Data: We may collect location data through GPS, IP address, or other technologies. This information enhances the precision of Services such as transaction matching and provides users with location-specific features.

4.  WHY DO WE COLLECT YOUR INFORMATION?

We use your Personal Information collected through our Services for various purposes, including but not limited to:

4.1. To help us identify you as and when you access the Platform and when you register an Account with us or log in;

4.2. To facilitate secure and efficient payment processing, as well as handle transactions related to Services on the Platform;

4.3. We use Personal Information to prevent and detect fraud and abuse to protect the security of our users;

4.4. To be able to perform any contractual and legal obligation;

4.5. To analyse user behaviour and preferences for improving our Services and user experience and to be able to provide location-specific services; and

4.6. To effectively communicate with you through emails/SMS/notifications through the Platform to inform you about any other new Services that we may from time to time develop.

4.7. You consent and recognize that your Personal Information may be disclosed on our Platform authorised by you for the purpose of utilising our Services. Additionally, you agree and acknowledge that we are permitted to communicate with you through messaging, calls, emails, or other means, to facilitate the performance of our Services wherever necessary.

4.8. In Providing, maintaining, and improving our Services, such as posting new job opportunities, developing new features, providing customer support, and sending product updates and administrative messages.

4.9. Performing internal operations, including preventing fraud and abuse, troubleshooting software bugs, conducting data analysis and research, and monitoring usage and activity trends.

4.10. Sending communications we believe will be of interest to you, such as information about products, services, promotions, and processing contest or promotion entries.

4.11. Personalizing and improving the Services, including providing or recommending features, content, social connections, referrals, and advertisements.

5.  WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH AND WHY?

5.1. To facilitate our Services and enhance user experience, we may share Personal Information with the following entities-

5.1.1. Transactions: We may share your Personal Information necessary for transaction processing with our trusted financial or payment gateway partner Stripe;

5.1.2. Third-party Service Providers: We may share your information with third parties you choose to let us share information with, such as other apps or websites that integrate with our Services. We may also share information with your employer or similar entities, as well as necessary third parties engaged by us or your employer. Further, we may share your information with third parties to provide the Services you requested through partnerships or promotional offerings. While these third-party service providers have access to the necessary Personal Information to fulfill their functions, they are prohibited from using it for any other purposes. Moreover, they are obligated to process the Personal Information in compliance with applicable laws;

5.1.3. Legal Compliance: In compliance with applicable laws and regulations, we may disclose Personal Information to government entities or regulatory authorities when required with/without any notice/intimation to you. This includes instances where such disclosures are necessary for legal proceedings, investigations, or to meet regulatory obligations. Also, we may share any information about you with government and law enforcement agencies without your permission as may be considered necessary or appropriate by us to respond to valid claims and legal processes, to protect our property and rights or the property or rights of a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity;

5.1.4. Service Improvement: We may share certain aggregated, anonymized information with third parties (for example, for Google Analytics) in order to assess the Platform usage and information pertaining to the ease of navigation;

5.1.5. Advertisements: We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Website and other websites in order to provide advertisements on job interests preferred by you.. 

5.1.6. Collaborations: We may share your Personal Information with reputable partners to facilitate joint initiatives, promotions, or integrated services;

5.1.7. Growth and Expansion: As our Platform evolves and expands, there may be instances where sharing Personal Information with new entities or parties becomes necessary for the enhancement of our Services. Any such sharing will be carried out with the utmost consideration for user privacy and in accordance with relevant legal frameworks.

5.2. Certain information may be shared with agencies or software companies with whom the Company collaborates in the future to develop and enhance the platform.

5.3. We do not ever sell or rent your Personal Information without your express approval. 

6.  HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

In compliance with applicable laws, we retain your Personal Information for a duration no longer than necessary for the purpose for which it was collected or as mandated by relevant laws. However, certain data related to you may be retained beyond this period if we reasonably believe it is necessary to prevent fraud, mitigate potential abuse, allow us to exercise our legal rights, defend against legal claims, or fulfil other legitimate purposes required by law. Additionally, we may continue to retain your Personal Information in anonymized form for analytical and research purposes.

7.  HOW DO WE PROVIDE FOR THE SECURITY OF YOUR PERSONAL INFORMATION WITH US?

7.1. We prioritise the security of your data and also implement reasonable physical, electronic, and procedural safeguards to ensure the confidentiality and integrity of your information. Accessing your account information is facilitated through a secure server, and once in our possession, your data is subject to strict security guidelines to prevent unauthorised access.

7.2. While we take comprehensive measures to safeguard your information, users acknowledge and accept the inherent security implications of data transmission over the Internet and the World Wide Web. Despite our efforts, complete security cannot be guaranteed, and inherent risks persist. Users bear the responsibility of safeguarding login and password records for their Accounts. We remain committed to continually enhancing our security protocols to address emerging threats and maintain the trust of our users.

8.  WHAT IS THE IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONS?

8.1. Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. These platforms have different permission systems for obtaining your consent by iOS and Android, and this elaboration aims to provide further clarity on our requests for your consent.

8.1.1. iOS Permissions:

• • • Prompted Consent: Unlike Android, iOS prompts you individually for consent the first time the App needs access to specific data types (e.g., camera, location).
    • Transparency Page: Our dedicated iOS Permissions page provides detailed explanations for each permission request, exceeding the Platform’s basic descriptions.
    • Dynamic Updates: As our App evolves, the requested permissions may change. The iOS Permissions page remains updated to reflect these changes and ensure you have the most current information.

8.1.2. Android Permissions:

• • • Pre-Installation Consent: During initial App installation, Android presents a list of all permissions DigitalGlyde seeks. Your App usage is understood as implicit consent to these permissions.
    • Transparency Page: Recognizing the lack of granular explanations in Android’s system, our Android Permissions page offers in-depth breakdowns of each requested permission.
    • Changes and Review: Our Android Permissions page is regularly updated to reflect any adjustments in requested permissions, allowing you to stay informed and revisit your consent if needed.

To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.

9. WHAT ARE YOUR RIGHTS AS A DATA SUBJECT?

9.1. You, as a data subject, have certain rights to your Personal Information with us, as under:

9.1.1. Right to access: You can access the information that has been retained by us by visiting your profile section on the Platform, which would display information supplied by you to us. The information that you shall find in that section would be your Personal Information such as your name, email, contact details, age, etc;

9.1.2. Right to withdraw consent: The consent that you provide for the collection, use, and disclosure of your Personal Information will remain valid until such time it is withdrawn by you in writing. If you withdraw your consent, we will stop processing the relevant Personal Information except to the extent that we have other grounds for processing such Personal Information under applicable laws. We will respond to your request within a reasonable timeframe. You may withdraw your consent at any time by contacting us; and

9.1.3. Right to correction: You are responsible for maintaining the accuracy of the information you submit to us, including but not limited to your contact information provided as part of Account registration. If you wish to make a request to correct or update any of the Personal Information that we hold about you, you may update your information through a convenient automated data deletion form which is available within your user dashboard. For any necessary updates or corrections to your Personal Information, users can easily modify details using the provided dashboard functionalities.

9.1.4. Right of Access and Portability: In some jurisdictions, applicable law may entitle you to request certain copies of your Personal Information or information about how we handle your Personal Information, request copies of Personal Information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider, where technically feasible.

9.1.5. Right of Erasure: In some jurisdictions, you can request that your Personal Information be deleted.

9.1.6. State-Specific Rights: For users residing in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy laws in those jurisdictions, please refer to Schedule 1 that supplements our main Privacy Policy and outlines specific rights afforded to you as a data subject.

9.1.7. User’s Rights Outside United States: For the users residing outside the United States, please refer to Schedule 2 which provides for user rights, safeguards for international data transfers, and contact information for inquiries.

10.  ARE CHILDREN ALLOWED TO USE OUR PLATFORM AND/OR SERVICES?

10.1. This Platform is strictly prohibited for use by individuals under the age of eighteen (18) years old (“Minors”). Accessing or using the Platform by Minors constitutes a violation of the Terms of Service and Privacy Policy.

10.2. We do not knowingly solicit, collect, or process any personal information from Minors. We implement commercially reasonable age verification measures and data protection practices to prevent such unauthorized collection and usage.

10.3. If you are a parent or legal guardian (“Guardian”) and believe your child has provided us with personal information, we urge you to promptly contact us at [insert contact information]. Upon verification of your Guardian status, we will promptly take all necessary steps to remove and delete such information from our records.

11. HOW ARE CHANGES MADE TO THIS POLICY?

This Policy may be updated at our sole discretion or due to changes in the law. Such changes, unless otherwise stated, will be effective from the day and date of posting on the Website. We reserve the right to update the Policy without obligation to notify users. It is recommended to regularly review this Policy for any changes, as your continued access and use of the Platform will be considered your approval and acceptance of all modifications to this Policy. In cases where applicable law mandates, we may notify you of updates through email. If you do not agree with this Policy governing our Website, please refrain from using the Platform and/or the Services provided by us.

12.  HOW CAN YOU CONTACT US?

Should you need additional information or have any questions or complaints regarding the handling of your Personal Information, please reach out to us in writing at:

Email: info@digitalgyde.com

Schedule I- Privacy Policy Supplement for Specific Jurisdictions

If you reside in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy laws in those jurisdictions, this section supplements our main Privacy Policy and outlines specific rights and protections afforded to you.

A. Your Privacy Rights:

• • Right to Access: You have the right to request access to your Personal Information, including details about how it is collected, used, and shared by the Company. Upon request, we will provide this information in a portable and readily usable format, subject to verification of your identity.
  • Right to Correction: You have the right to correct any inaccuracies in your Personal Information held by the Company. You can submit a verifiable request for correction, and we will promptly update your information as needed.
  • Right to Deletion: You may request the deletion of your Personal Information from the Company’s records, subject to certain exceptions permitted by law. We will comply with your request, provided it does not conflict with our legal obligations or legitimate business interests.
  • Right to Opt-Out: You have the right to opt out of certain processing activities, such as the sale of Personal Information or the use of Personal Information for targeted advertising purposes. We will respect your preferences and refrain from such activities upon your request.

B.  Appeals Process:

If you disagree with the Company’s response to your privacy rights request or believe your rights have not been adequately addressed, you have the right to appeal. You can submit your appeal in writing to our Data Protection Officer at ____________ with the subject line “Appeal of Privacy Rights Request.”

C.  Data Retention and De-Identification:

We are committed to retaining Personal Information only for as long as necessary to fulfill the purposes for which it was collected, as outlined in our main Privacy Policy (see Clause 6). We will also take measures to de-identify personal information in accordance with applicable laws and regulations.

D.  Additional Information:

For more detailed information on how we handle your Personal Information, including our data collection practices, security measures, and third-party disclosures, please refer to our main Privacy Policy available.

Schedule II- Privacy Policy Supplement- Outside the United States

A. Application:

This supplemental section applies to users residing outside the United States and serves as an extension of our Privacy Policy. It contains essential information mandated by the General Data Protection Regulation (GDPR), ensuring transparency in data processing practices. Should you have any queries, please refer to the contact details provided below.

B.  Purpose:

This section delineates critical aspects including controllership of Personal Information, legal bases for processing, user rights, data transfer safeguards, and contact information for further inquiries.

C.  Controllers of Personal Information:

Controller: For the purposes of the Controller of your Personal Information, _____________ (hereinafter referred to as “Company” or “us” or “we” or “our“) shall be the Controller.

Payments Controller: For payment-related services, various Payment Gateway Partner(s) are responsible, contingent upon your country of residence.

D.  Processing of Payment Information:

To utilize our payment services on the Platform, certain information is required by the Payments Controller to facilitate transactions and adhere to legal requirements, including anti-money laundering regulations. This information encompasses:

• • Payment Information: Your financial details, like bank account or credit card information, are necessary for processing payments and legal compliance.
  • Identity Verification and Other Information: To verify your identity and ensure compliance, the Payments Controller may request identity verification documents (e.g., government-issued ID) and authentication details (e.g., date of birth, address).

How we use your Personal Information:

In the context of payment services, we utilize your Personal Information to:

• • Enable or authorize third parties to use payment services;
  • Detect and prevent money laundering, fraud, and security incidents;
  • Conduct security investigations and risk assessments;
  • Fulfill legal obligations, such as anti-money laundering regulations;
  • Enforce payment terms and other payment policies;
  • Optionally, send promotional messages, marketing materials, and relevant information based on your preferences; and
  • Continuously enhance and optimize payment services for improved user experience.

E.  Legal Bases for Processing Personal Information:

• • By Payments Controller: The Payments Controller processes this Personal Information given its legitimate interest in improving the payment services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
  • By Platform: We process this Personal Information for the purposes outlined in the Privacy Policy (see Clause 4 and Clause 5) given our legitimate interest in improving our Services.

F.  Your Rights:

Under applicable law, you have certain rights that we respect and uphold. While some of these rights are applicable in general, others may apply only in specific circumstances. We may request verification of your identity and request details before taking further action on your inquiries.

• • Access and Portability: You have the right to request access to certain copies of your Personal Information held by us. In certain cases, you may also request copies of the Personal Information you provided to us in a structured, commonly used, and machine-readable format, or ask us to transmit this information to another service provider where technically feasible;
  • Rectification: You can request us to correct any inaccurate or incomplete Personal Information about you that cannot be updated within your Account;
  • Erasure: While we generally retain your Personal Information as necessary for contractual performance, legal compliance, and as permitted by law, you have the right to request deletion of your Personal Information, subject to certain limitations and restrictions;
  • Withdrawing Consent: If we process your Personal Information based on your consent, you have the right to withdraw consent at any time. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities performed before its withdrawal;
  • Restriction of Processing: You can limit how we use your Personal Information, especially in cases where you contest its accuracy, oppose erasure, no longer require the information for processing purposes, or have objected to processing pending verification of legitimate grounds; and
  • Objection to Processing: You have the right to object to the processing of your Personal Information based on specific grounds, such as direct marketing, legitimate interests, or public interests. We will cease processing your Personal Information for these purposes unless we have compelling legitimate grounds or where processing is required for legal claims.