Australia

Privacy Policy

Gate 121 Pty Limited (ABN 89 091 964 331 / ACN 091 964 331) trading as ShiftMatch (“ShiftMatch,” “we” or “us”) is committed to protecting your privacy. This Privacy Policy explains how information about you or associated with you (“personal information”) is collected, used and disclosed by ShiftMatch and its affiliates. This Privacy Policy applies to our website and our mobile apps for iPhone, or Android mobile devices (collectively, “our Service”). By accessing or using our Service, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and Terms of Service.

“You” or “Your” means a user of the Service, which could refer to an individual, an employer, an employee associated with an employer account, or any other authorised user of the Service.

Information We Collect and Use Generally.

We collect personal information from our users in a variety of ways, including:

  • Information you provide. We may collect and store personal information you register for our Service or provide to us in some other manner. For example, when you register with the Service, we collect your name, email address, password, contact information and employment information. If you are an employer, we also collect information about your business and any information you provide about your employees, including your employees’ contact information. We may also collect any communications between you and ShiftMatch, any information you provide if you take part in any interactive features of the Service, and any other information you provide to us.
  • Data collected through the use of the Service. After you set up your account, we collect information about how you use the Service and about your actions on the Service, including your work schedule, your availability, your time records, your messages to others on the Service and comments you make on the Service.
  • Information we receive from third parties. From time to time, we may receive information about you from third parties, such as identity verification, payroll vendors and other information. We may also collect information about you that is publicly available.

We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, permit you to communicate with others on the Service. We may compile analytics and share performance data on a de-identified or aggregate basis. We may send you email communications that contain information about our products or services, or information about third parties’ products or services we think you may enjoy. We may also send you Service-related emails or messages (e.g., account verification, messages and schedules, change or updates to features of the Service, technical and security notices).

How we use cookies and other tracking technology to collect information.

We, and our third-party partners, automatically collect certain types of usage information when you visit our Services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “tracking technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices and other actions you take on the Service. When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analysing other information, like an IP address. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We may also work with third-party partners to employ technologies, including the application of statistical modelling tools, which attempt to recognise you across multiple devices. Although we do our best to honour the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We use or may use the data collected through tracking technologies to (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) identify you across multiple devices; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as the total number of visitors, traffic, usage, and demographic patterns on our website; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.

If you would prefer not to accept cookies, most browsers will allow you to (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

Sharing Information

We may share your personal information in the instances described below.

We may share your personal information with:

  • Other members of the Service. Your information will be shared with other users of the Service, as needed to provide the Services to you. For example, some of your information may be shared with your employer and with other employees of the same employer in order to facilitate scheduling, timekeeping and communication. You may be able to control the visibility of some of your information and actions through your Settings (see “Your Choices Regarding Your Information” below). We also share information about your use of the Service with your employer for analytic purposes. For example, we provide reporting tools to allow an employer to evaluate the efficiency of its workforce, and its employees’ responsiveness and availability;
  • With third parties with your consent. From time to time, we may provide an opportunity to share your information with one of our third-party partners or other individuals. We will ask for your consent before engaging in this type of sharing;
  • Other companies owned by or under common ownership as ShiftMatch, which also includes our subsidiaries (i.e., any organisation we own or control) or our ultimate holding company (i.e., any organisation that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
  • Third-party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, hosting services, or providing analytics services;
  • Other parties in connection with any company transaction, such as a merger, sale of all or a portion of company assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
  • Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government requests, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect against harm to the rights, property or safety of ShiftMatch, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.

Your Choices Regarding Your Information

Access to your Device Information.

You may control the app’s access to your device information through your “Settings” feature on your device.

Communications.

From time to time, the Service will send communications about news and updates, advice and analytics relating to your use of the Service. The Service also facilitates communication between users by email, text message and in-app notifications. Users can adjust communications preferences through Settings.

  • When an employer invites an employee to register with the Service, we will send that employee a message using the contact information provided by the employer. The employer must certify that it has the employee’s consent for ShiftMatch to contact the employee on the employer’s behalf using that method of communication.

Marketing Communications.

From time to time, we may send promotional messages. If you do not wish to receive promotional emails, you can change your email preferences on your Settings page on our websites, or you can click the “unsubscribe” button on promotional email communications. Note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, change or updates to features of the Service, or technical and security notices.

Data Retention.

We will retain your information for as long as your account is active or as needed for our internal purposes. When you deactivate your account, including if you are removed from an employer’s company account, we will remove your information from view by others on the Service but we may retain your account information internally so that the employer can access your account history through an archive database. You may request to delete your account information by contacting us at help@ShiftMatch.com. However, please be aware that we will not be able to delete any content you have shared with others on the Service. For example, your employer will have a record of your schedule when you were employed and will retain the data the employer provided to us about you.

Security and Storage of Information

ShiftMatch cares about the security of your information and employs physical, administrative, and technological safeguards designed to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. If you are an employee whose information is associated with a Company account on our Service, we will notify the employer or company user of a breach of security that requires legal notification, and your employer shall be responsible for informing you of the incident.

Your information collected through the Service will be stored and processed in the country or jurisdiction that is applicable to your employer and may be stored and processed in Australia when required which ShiftMatch and its service providers maintain facilities. If you are located in the European Union, Canada, United States of America or other regions with laws governing data collection and use that may differ from Australian law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to Australia in which ShiftMatch or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Children’s Privacy

The Services are not intended for children under the age of 13. Accordingly, we do not knowingly collect or maintain Personal Information from children under the age of 13. If we learn that we have Personal Information of a child under the age of 13, we will delete such Personal Information from our systems. If you believe we might have any Personal Information from or about a child under the age of 13, please contact us at help@ShiftMatch.com.

Links to Third-Party Websites

The Services may contain links to and from third party websites of our business partners, advertisers, social media sites, and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

Updates to this Policy

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the “Last Revision” date below and will post the updated Policy on this page. If you object to any changes, you may close your account. Continuing to use our Services after we publish changes to this Privacy Policy means that you are consenting to the changes.

Contacting Us

If you have questions about this Policy, please contact us at help@ShiftMatch.com or by writing to us at:

Gate121 Pty Limited
PO Box 4192
East Gosford NSW 2250
Australia

Last Revision Date

This Policy was last revised on, and effective as of, October 27, 2021.


Canada

Last updated October 26, 2021

This Privacy Policy (“Privacy Policy”) describes the privacy practices of FillShift Inc, an Ontario corporation (“ShiftMatch” “us” “we” or “our”). We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes our policies and practices regarding the collection, use and disclosure of any information we collect from you through the ShiftMatch family of websites, software products and services (collectively, the “Services”).

This Privacy Policy covers all of the Services offered now or in the future through www.ShiftMatch.com and any other ShiftMatch-owned website, texting service, referral page, or link. This Privacy Policy also describes how we treat the information you may provide to us while using the Services. This includes “Personal Information”, which is information about an identifiable individual and can include information that can be combined with other information to identify you, such as your name, e-mail address, user ID number, and other non-public information that is associated with the foregoing.

User Consent

By accessing or otherwise using the Services, you agree to the terms and conditions of this Privacy Policy and the associated Terms of Service (located at: www.shiftmatch.com/terms) and you expressly consent to the processing of your Personal Information according to this Privacy Policy. Your Personal Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding the processing of Personal Information may be less stringent than the laws in your country.

By using the Services, you acknowledge that you have read, understand and agree to be bound by this Privacy Policy and to comply with all applicable laws and regulations. If you do not agree with this Privacy Policy, please do not use the Services. Your continued use of the Services after we make changes to our Privacy Policy is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Information Collection

Registration and Profile

To use the Services, you must have a ShiftMatch account. To obtain a ShiftMatch account, we may collect information from you or your employer to populate your account profile. This may include your name, phone number, work credentials, and email address.  When you personalize your account and otherwise use the Services, we will collect any and all information you voluntarily provide, such as updated contact information, shift availability, and a new password, and we may also request optional information to support your use of the Services. , credentials, employer name and work history as part of your Personal Information. We use Personal Information to deliver the Services you request, facilitate employment opportunities or contact you about Services offered by us for which you have expressed interest or that you might be interested.

If you order additional Services, you may need to submit your credit card or other payment information so that our service providers can process your payment for those Services. If you choose to sign up to receive information about Services that may be of interest to you, we will collect your email address and all related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the ShiftMatch community.

Information Collected Via Technology

As you use the Services, certain information may also be passively collected and stored on our or our service provider’s server logs, including your internet protocol address, browser type, and operating system. We also use cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. This type of information is collected to make the Services more useful to you and to tailor the Services to meet your interests and needs.

Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay
on your computer until you delete them) to provide you with a more personal and interactive experience with the Services. Persistent cookies can be removed by following your Internet browser help file directions. In order to use the Services, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Services may not work properly and you may not be able to receive or utilize the Services.

Please also see Third Party Sites and Advertising for more information on how we use cookies and web beacons and how you may opt-out

Customer Service and Support

When you contact us for customer service or support, you may be asked to provide your name, telephone number or email address. We may associate this information with the other Personal Information we have collected about you.

Personal Information from Other Sources

We may receive Personal Information about you from other sources with which you have registered, companies with whom we have partnered or who employ our Services or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-mail and E-mail Addresses

We ask users to supply email addresses and other Personal Information in order to send regular email communications and marketing messages to those who specifically ask for them. This is done via an opt-in procedure using our systems. We will never add you to any email database list without your express permission to do so.

If you are currently receiving regular email communications from us and would like to stop receiving them, please notify us by email at help@ShiftMatch.com.

Children’s Privacy

The Services are not intended for children under the age of 13. Accordingly, we do not knowingly collect or maintain Personal Information from children under the age of 13. If we learn that we have the Personal Information of a child under the age of 13, we will delete such Personal Information from our systems. If you believe we might have any Personal Information from or about a child under the age of 13, please contact us at help@ShiftMatch.com.

Use of Information

Use and Disclosure of Information

Except as otherwise stated in this Privacy Policy, we will not sell, trade, rent, or share the Personal Information that we collect with third parties without your explicit permission.

We use your information to deliver the Services you have requested, to manage your account and facilitate your interaction with other users and organizations in using the Services. We may also use this information to inform you of other Services available. In general, Personal Information you submit to us is used by us to provide you access to the Services, to improve the Services, to better tailor the features, performance, and support of the Services and to offer you additional information, opportunities and functionality from us, or our partners at your request.

We may provide your Personal Information to third-party service providers who work on behalf of or with us to provide the Services and to help us communicate with you. Examples of such third-party services include sending email or text messages, analyzing data, providing marketing assistance, processing payments (including credit card payments) and providing customer service. These third-party service providers are given the information they need to perform their designated functions and are required to promise not to use such Personal Information except as necessary to provide the relevant services to us. For additional information on how these organizations treat your personal information, you may contact us as set out below.

This Privacy Policy does not cover the use of your personally identifiable information by such third parties. We do not maintain responsibility for the manner in which third parties, including, without limitation, social networks, other partners and advertisers, use or further disclose Personal Information collected from you in accordance with this Privacy Policy after we have disclosed such information to those third parties. If you do not want us to use or disclose Personal Information collected about you in the manners identified in this Privacy Policy, you may not use the Services.

We may share non-identifying aggregate information such as the number of ShiftMatch account holders and their summarized usage of the Services, but not Personal Information such as names or addresses.

We may also disclose your Personal Information, without notice, if required or permitted to do so by law or in our good faith belief that such disclosure is necessary to (i) comply with any court order, law or legal process, including to respond to any government or regulatory request with lawful authority to obtain the information; (ii) enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; or (iii) protect the rights, property or safety of ShiftMatch, its users or others. This includes exchanging Personal Information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

If another entity acquires us or all or a portion of our assets, information that we collected from you may be shared with that entity. The information will be shared for the purpose of that entity considering whether to enter into the transaction and also to complete the transaction.

We may use analytics services, including, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use our Services. Please note that the information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States and in the case of other analytics providers, may be stored in other jurisdictions. Google and our other analytics providers will use this information for the purpose of evaluating your use of our Services, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information.

The Ability of Others to View Your Information

Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use the Services, keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through the Services, this Personal Information may become publicly available and may be collected and used by others, including people outside the ShiftMatch community.

We will not have any obligations with respect to any information that you post to parts of the Services available to others, and recommend that you use caution when giving out Personal Information to others in public forums online or otherwise.

Third-Party Sites and Advertising

The Services may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. We encourage our users to read the privacy statements of each and every website they visit. This Privacy Policy applies solely to information collected by us through the Services and does not apply to these third-party websites. The ability to access information of third parties from ShiftMatch, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third parties, their products, their services, other websites, locations or their content.

We or our third-party advertising partners may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Services. Some content or applications, including advertisements, related to the Services are served by third parties, including advertisers, ad networks and servers, content providers and application providers. The information collected by us or our third-party advertising partners may be associated directly with you, and Personal Information, about your online activities, may be collected over time and across different websites and other online services. This information may be used to provide you with interest-based (behavioural) advertising or other targeted content.

We do not control the third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

You may also-opt out of network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you.  Please visit Digital Advertising Alliance of Canada Opt-Out Page [http://youradchoices.ca/understanding-online-advertising], NAI Opt-Out Page [http://www.networkadvertising.org/managing/opt_out] and the Ad Choices Opt-Out Page [http://www.aboutads.info/choices].

These websites provide tools that identify member companies that have cookies on your browser and provides mechanisms to opt-out of those cookies.  You will still receive other types of advertising from participating companies; however, it will not be based on your interests.  Deleting browser cookies can remove your opt-out preferences, so you should use these tools periodically to ensure that your preferences are up-to-date.

Your Choices Regarding Your Personal Information

We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to opt-out.

Despite your indicated preferences, we may send you administrative communications regarding the Services, including, for example, administrative confirmations, and notices of updates to our Privacy Policy, if we choose to provide such notices to you in this manner.

You may change any of your profile information by editing it on the profile settings page. You may request access, correction, updating, or deletion of your Personal Information by contacting us at help@ShiftMatch.com. We may request certain Personal Information from you for the purpose of verifying your identity when seeking access to your personal information records, please note that we may be required (by law or otherwise) to keep Personal Information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives.

If you delete your user contributions, copies of these contributions may remain viewable in cached and archived pages or might have been copied or stored by other users.

Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. You agree that any such comments and any email we receive from you become our property. We may use feedback for marketing purposes or to add to or modify our Services without paying any royalties or other compensation to you.

Security

We implement security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. The safety and security of your Personal Information also depend on you. Where we have given you (or where you have chosen) a password to access the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services.

Unfortunately, the transmission of any information is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through the Services. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures we provide.

We have personal information retention processes designed to retain Personal Information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.

Contact and Revisions

If you have questions or concerns about our Privacy Policy, please contact us at help@ShiftMatch.com 36 Strathcona Ave, Toronto ON M4K 1K7.

We may update this Privacy Policy from time to time. If we make material changes to how we treat our users’ Personal Information, we will post the revised Privacy Policy on this page with a notice that the Privacy Policy has been updated.

The date this Privacy Policy was last modified is identified at the top of the page. You are responsible for ensuring that you periodically visit this Privacy Policy to check for any changes.