Privacy policy

Last updated
July 11, 2024

Purpose of Our Policy

This Privacy Policy, provided by Workyard Holdings, Inc. including its subsidiaries and affiliates (collectively, “we,” “our,” “us” or “Workyard”), describes how we collect, use and disclose information  about you, as either a “Visitor” by coming to our Workyard website, currently located at www.workyard.com (“Website”), an employee, independent contractor or other authorized agent or representative of our company customer (“Customer Personnel User”), or an “End User” by having been invited or given access to use our Workyard “SaaS Services” (further defined in our “End User License agreement” or “EULA” which you can access here) through the Workyard mobile app (“Workyard App”) by a company that you work for as an employee or independent contractor (our “Customer” or your “Organization”).   Our Visitors, Customer Personnel Users and End Users are collectively referred to as “Users,” “you” or “your.”  

By publishing this Privacy Policy, we aim to help our Users understand what “Personal Information” and “Other Information” (each defined below and collectively referred to as “Information”) we collect and store, why we do so, how we receive and/or obtain that Information, and the rights the Users have with respect to their Information in our possession.

This Privacy Policy governs the manner in which we collect, use, maintain, and disclose Information collected from Visitors of our Website, Customer Personnel Users of our SaaS Services and End Users of our Workyard App, such your use of our “Services” (as further defined below) and online interactions through the Services.  Additional information for Users who reside in California can be found below in a separate section of this Privacy Policy.

This Privacy Policy does not apply to any third-party websites or social media platforms, which may provide information or offer products and services that Workyard makes available through the Services. To understand how any third party (including Apple and Google) treats your information, you should contact such third party or read its privacy policy and any other applicable terms.  

The term “Services” collectively refers to our Content and/or SaaS Services as provided through our Workyard App, Website, Technology, Other Applications and any other Workyard App online platforms, such as our Facebook or Instagram pages.  

All capitalized terms not defined in this Privacy Policy are defined in the Terms of Service for Customers or EULA for Users, whichever applicable.

How You are Subject to this Privacy Policy

By visiting the Website, using the Workyard App the Services, downloading and/or registering to use our Workyard App, providing “Personal Information” (defined below) to us, or accessing or using our “Content” (defined below) or Services, you have agreed to be subject to this Privacy Policy, as well as our EULA (for our Users) or Terms of Service (for our Customers), whichever applicable, and you agree that your Personal Information will be handled as described in this Privacy Policy.  

Also, if you submit any information to us, communicate with us or purchase any of our products or services, you consent to being governed by this Privacy Policy, and you consent to the collection, storage, use, and disclosure of such information in accordance with this Privacy Policy.

If you do not want your Information to be collected, please do not submit it to us or use the Website, the Workyard App or any of our other Services.

Please to read this entire Privacy Policy BEFORE using any of our Services.

Do not use any of our Services if you are unwilling OR INELIGIBLE to accept the terms and conditions of this Privacy Policy.

You may access or use our Services ONLY IF you are 18 years of age or older or any higher minimum age under applicable laws in the jurisdiction in which you reside, and ONLY IN compliance with the End User License Agreement or Terms of Service, whichever applicable.  

What We Mean by Personal Information

We consider and use the term “Personal Information” to be information that identifies an individual person (like a name or email address) or that relates to an identifiable individual person (like an IP address). Workyard collects, uses, and stores your Personal Information when you sign up for our email newsletters (if any), are authorized to use the SaaS Services as a Customer Personnel User, are invited to or given access to use the Workyard App as an End User, participate in interactive features of the Services (if any), request customer support, communicate with us through Other Third-Party Resources, purchase or use other Workyard products or services, or otherwise communicate with us.

Personal Information does not include de-identified or aggregated information that, by itself, does not permit the identification of individual persons.

Our Privacy Policy does not apply to information we collect about our Company Customers; however, it does apply to Customer Personnel Users which are the people associated with our Company Customers.

This Privacy Policy applies to all forms of Personal Information or Other Information, physical and digital, whether collected or stored electronically or in hard copy.  If, at any time, you provide Personal Information or Other Information about someone other than yourself, you represent and warrant to us that you have that person's consent to provide such information for the purpose specified or otherwise implied in the context of your submission of such information.

Personal Information We Collect

In the course of our normal business activities, we collect Personal Information and/or Other Information about you as a Visitor to the Website, End User of the Workyard App and/or Customer Personnel User of the SaaS Services. Collecting certain Personal Information allows us to identify, contact or transact with Users for the purposes of our business, providing the Services, and sharing Personal Information when necessary or legally required.

Visitors of Our Website

When you are on our Website and you choose to receive email newsletters from us (which we may be providing now or in the near future), you will provide us with your email address.  You will always be able to opt out.  (See the “Email Marketing” section below.)

End Users of the Workyard App

When your Organization chooses to use the Workyard SaaS Services, it will invite you or give you access to use these Services through the Workyard App.  When you download the Workyard App and create an account to become an End User of this app, we will collect from you the following Personal Information in order for you and your Organization to use the Services and for us to contact you when providing the Services.

  • User ID and password
  • First and last name
  • Cell phone number and possibly land line
  • Company Name
  • Photo
  • Email address
  • Mailing address
  • “Usage Data” (defined below)

Third-Party Sources

We may also collect Personal Information from “Other Third-Party Sources,” such as marketing, advertising and other business partners, publicly available sources, online advertising, consumer research platforms, a User’s own promotional outlets, mailing lists, recruitment agencies and/or business contact datatbases.

More specifically, if you create or log into your Workyard App account through a social media service, we may have access to certain information from that account with the social media service, such as your name and other account information, all in accordance with the authorization procedures set by that social media service.  If you interact with us via a social media platform (such as Facebook), the platform’s privacy policies regarding Personal Information you provide on the platform will apply and not this Privacy Policy.

Usage Data We Collect

As an End User, “Usage Data” which means information generated through your use of the Workyard App will include the following information related to your work on projects for your Organization.

  • Employment Details - Your hourly rate or annual compensation that your Organization pays you for your services.
  • Project Details - Details of the projects you work on (including name of project and any other details you or your Organization provides).
  • Time Cards - Start and end times of the days you perform work for your Organization (including month, day and year and your work over a period of time such as per week, month or year).
  • Photographs - Facial photographs you attach to the Time Cards if requested  by your Organization
  • Schedules & Tasks - Details of tasks that are assigned to team members, including dates, checklists, notes, attachments and associated communications.
  • Wages -Amounts paid to you by your Organization for your services in the form of checks and time cards.
  • Geolocations - Location data which means information related to what project site you are working at on a particular day (including start and end times, month, day and year). (See section below on “Geolocation Data” for more details.)
  • User Content - Content entered by you through your use of the Workyard App (defined below)

The above Usage Data is used to enable your Organization to track your time, improve productivity and improve payroll and billing accuracy.  We may also use such Usage Data as anonymous or aggregated information (described below).

As a Customer Personnel User, we collect the following Usage Data while you are using the SaaS Services on behalf of your Organization.

User Content

Certain Services may enable you and other users End Users or Customer Personnel Users to enter certain content, data and other information (“User Content”).   You are advised to consider carefully before including any Personal Information in such User Content.  This User Content, including any Personal Information, may be disclosed available to others users or become publicly available.  For example, if you post your email address, you may receive unsolicited messages.  

We do not monitor any of this User Content and are not responsible for it.  We cannot control who reads your User Content or what others users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your Personal Information. Once you have posted such Personal information, you may not be able to edit or delete such information. Applicable guidelines for User Content are described in the EULA or Terms of Service, whichever applicable.

We will retain your Personal Information in active files or systems as long as needed to meet the purposes for which it was collected, to provide the Services you requested, or as otherwise may be required by law.

Geolocation Data

Another type of Usage Data we collect pertains to the location information available through End Users’ mobile devices when End Users are either: (a) “clocked in” for work and thus using the Workyard App, or (b) when they have stepped into a “geo-fence” configured by the Organization. We refer to this data as “Geolocation data” or “GPS Location Tracking Data”.  

A “geofence” is (as defined by Wordsense Dictionary) a “virtual perimeter around a geographic area, typically enforced by monitoring the positions of trackable mobile devices inside or outside the area, and determining if they (the “positions”) cross the fence.”  The term “GPS (“Global Positioning System”) Location Tracking Services” refers to the technology and infrastructure that allow the real-time or historical tracking and monitoring of the geographical location of (in our case) people using GPS technology.

Workyard leverages GPS Location Tracking Services available on both iOS and Android smart phones to improve the accuracy of timecards captured through our SaaS Services, and also our Company Customers  improved project level data insights without the need for manual data entry.

You should keep in mind that both iOS and Android platforms always provide End Users the control of whether they want a certain mobile app (including the Workyard App) to be able to access their location data.

You should also keep in mind that you can disable this permission (to access your location data)  through the iOS and Android operating system settings, at any timeUser without even launching the Workyard App.

As a result, you as an End User, will User always have ultimate control of the apps (including the Workyard App) that you grant access to your location data and the ability to revoke that permission at any time.

In addition to the privacy settings that you have control over, Workyard is committed to respecting our End Users’ privacy by not disclosing User location data resulting from outside of clocked work hours to Company Customers or any other third parties (unless required by law). Geolocation data outside of clocked work hours is not processed by our mapping servers.

A step-by-step description of how GPS Location Tracking works.

1. If your Organization has enabled GPS Location Tracking for your account, Workyard will request that you grant it "Always Allow" access to your location data as part of your first clock in.

2. When you clock into work, your GPS locations will start being collected and uploaded to our mapping servers for processing.

3. When you decide to take a break or clock out to finish your shift, Workyard will stop collecting GPS locations.

4. Only location data for the period you are clocked in will be shared with your Organization.

Why "Always Allow" location tracking is required.

The reason Workyard requires the "Always Allow" setting is so that Workyard can continue to collect location data in the background, specifically when you decide to exit our Workyard App but you have remained clocked in at work.

This is a common use case.  For example, many End Users will clock in at the start of the day, exit the Workyard App to use other apps on their phone and then return to clock out at the end of the day. While you are working, if you keep the "Always Allow" setting on, you will enable the Workyard App to run in the background in your phone's locked state without draining your battery, while freeing you up to use all the other apps on your phone.

Workyard also enables your Organization to set up virtual geo-fences around their work sites. Geofences are used to further improve accuracy and automate job cost accounting by automatically detecting exact times of arrival and departure for each job site an End User visited. Geofencing is a iOS and Android feature that also relies on the "Always Allow" permission being granted.

Personal Information Collected If You Make Purchases

We, or our “Payment Processors” (defined below), collect financial information about our Company Customers, such as bank or credit card information.  We do not collect financial information belonging to individuals, unless you have been authorized by your Organization to handle payments of our Services, and you use a credit card provided by your Organization and such credit card account is in your name.

Our Third Party Payment Processors

We may choose not to collect or process credit or debit card data for your or your Organization’s purchase of any Workyard products or services.  Apple and Google collect such data with respect to in-app purchases made through the Apple or Google app stores.  In addition to Apple and Google, we use un-affiliated third parties to provide payment processing services that enable you to purchase products and services within our Services, including paying for your use of the Workyard App (Apple, Google and all such third parties individually and collectively referred to as “Payment Processor(s)”).

It is important that you review the terms of use and privacy policy of any Payment Processors prior to using their services.

Payment Processors will utilize your or your Organization’s financial information, such as your bank account numbers or credit card numbers in order to process your payments of such purchases. By utilizing our Services, you agree that you are bound by the applicable Payment Processor’s terms and policies with respect to the protection, storage, or other utilization of your financial information and any other information they collect from you.

We have no control over, and are not responsible for, any Payment Processor’s use of any of your Personal Information collected through such payment processing service.  Any such information that you provide to the applicable Payment Processor will be subject to that Payment Processor’s privacy policy, rather than our Privacy Policy.  

Our use of a particular Payment Processor is not an endorsement of that Payment Processor, and we make no warranties or representations as to how such processors utilize and safeguard your financial information. We do not receive or store any of your financial information as part of your transactions with such Payment Processors.

You should review the privacy policies and terms of all Payment Processors you use.

How We Use or Share Your Personal Information

We will not use any Personal Information other than for the purpose for which it was collected or otherwise will obtain your permission before using it for another purpose. Generally, Personal Information we collect is used to enable us to operate our business and provide the Services.

We (including our subsidiaries and affiliates) and our “Third-Party Service Providers” (which means contractors and consultants we directly hire to help us provide Services, but excludes all Payment Processors, Other Third-Party Sources, email marketing providers, and third-party hosting services companies), upon our instruction and authorization, may use your Personal Information to:

  • Provide the Workyard App and our Services for your use, as further detailed below and as applicable.
  • Verify your identity when we set up and administer your account as an End User or Customer Personnel User.
  • Use selected Personal Information to facilitate payment processing related to your use of the Services (see section on Third Party Payment Processors) and/or fulfill your purchases of our products or services.
  • Manage your account and send administrative information to you, such as information regarding the Services, fees, security alerts, technical notices, confirmations, and other support or administrative messages and possibly changes to our terms, conditions and policies.
  • Maintain our Services to you, including providing you with customer service or support, such as responding to your inquiries and fulfilling your requests.
  • Maintain your Usage Data in order to track your progress or activity during your use of the Services.
  • Investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity.
  • Diagnose or prevent service or technology problems associated with any of the Services.
  • Analyze, improve or enhance our Services to you, as further detailed below and as applicable.
  • Store mobile data locally on your device to provide you with access to the Services when utilizing the Workyard App without access to an internet connection.
  • Personalize your experience of the Services.
  • Use your location data in order to provide you with recommendations for relevant Content and related services in your geographical area.
  • Perform research and analysis about your use of, or interest in, our Services, Content or any other products and services.
  • Send you informational or educational communications related to your use of your selected Workyard products and services that we believe may help or enhance the activities you undertake when using such Workyard products and services.
  • Develop, display or send you Content, advertising or marketing communications about Workyard products and services that we believe may be of interest to you, subject to any choices you have expressed with respect to such communications.
  • Protect our legitimate interests (or those of a third party) and your interest and fundamental rights that do not override those interests.
  • Request your participation in any surveys and to administer such surveys.  We may, if we decide to set up a survey, use the results of such surveys to understand user engagement, as well as for marketing purposes.
  • Aggregate generic, non-personally identifiable information from all Users of our Services to: (1) understand how you use our Services; and (2) share this aggregate data or related statistics with third parties if we deem useful to promote us or our products and services.
  • Use for our business and operations purposes, such as internal data analysis, audits, monitoring and protection of security and integrity of the data and systems supporting or operating our Services; prevention of unauthorized intrusions; development of new products and services; enhancing, improving or modifying our Services; identifying usage trends, and determining the effectiveness of our promotional campaigns; and operating and expanding our business activities including buying or selling any business or assets or unlikely event of bankruptcy.
  • Comply with a legal obligation or as required or permitted by applicable law.

Our Third-Party Service Providers are not permitted to share or use your Personal Information that we make available to them for any purpose other than to provide services to us in order for us to operate our Services.

Legal Compliance

We reserve the right to use, retain or disclose any Personal Information for legal and compliance reasons, such as the prevention, detection, or investigation of a crime, loss prevention or fraud; and if such action we believe is necessary or appropriate, to: (a) conform to the requirements of applicable law which may include laws outside your state or country of residence; (b) respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your state or  country of residence; (c) protect and defend the legal rights or property of Workyard, our Users or other third parties; (d) enforce our EULA or Terms of Service and any other terms and conditions related to our Services; or (e) in an emergency, to protect the health, safety or privacy of our Users, other persons or the general public.

Business Salers or Mergers

We also reserve the right to disclose any information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

When You Should Not Share Personal Information With Us

Do not send us, and do not disclose, any Personal Information or any other financial or other sensitive information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) in any email correspondence or through messaging services (e.g., online chats) with us.  

We do not knowingly collect “sensitive” or “special” categories of Personal Information. We reserve the right and discretion to create, use and disclose anonymous and aggregate information, i.e., information about specific individuals or groups of individuals from which personal identifiers have been removed and specific individuals cannot be identified.

Other Information We Collect and Use (Not Personal)

“Other Information” is any information (excluding Personal Information) that, in itself, does not reveal an individual’s specific identity and does not directly relate to an identifiable individual, such as:

  • Device and Browser Information
  • Statistical information
  • Aggregated and Non-Personal InformationInformation through Cookies, Pixel Tags and Other Technologies

We (including our subsidiaries and affiliates) and our Third-Party Service Providers (but excluding any Payment Processors, Other Third-Party Sources, email marketing providers, and third party hosting companies), upon our instruction and authorization, may collect Other Information concerning you in a variety of ways, including through the use of cookies and similar technologies, to accomplish certain tasks, such as confirming that our Services are functioning properly, storing and managing User preferences, delivering targeted advertising, enabling content, and tracking and gathering analytical and usage data.

We may combine such Other Information with Personal Information that we have collected about you, such as your username and name or with additional non-Personal Information collected from other sources.

Device and Browser Information

When you download and use our Workyard App, we may collect device-specific information, including your device model, operating system information, advertising ID (which is a unique, User-resettable identification number for advertising associated with a mobile device) and the app version and usage information.  We will collect location information from mobile devices during the time an End User has clocked into work using our Workyard App or if an End User steps into a geofence defined by the Organization to be a work site location.  As explained above, once the User logs out of the Workyard App, we stop collecting such location data.  (See the section on “Geolocation Data” for more details.)

We may also collect the following information about your access to the Website, Workyard App or SaaS Services and use of our Services through cookies, web beacons, and other tracking technologies: your domain name, browser type and operating system; your page views and links you click on; your IP address, referring URL and location and language information; access date and time; mobile device ID or device name and model; operating system type, name, and version; your activities on and length of time you visit or use the Website, Workyard App, SaaS Services or other Workyard products and services.

Aggregated and Non-Personal Information.

We may from time to time include, compile, or aggregate some of your Personal Information in certain data analyses, reports, insights or observations, or other interpretations of financial or investment trends for both internal and external business purposes. In doing so, we will cause such information to be anonymized so that it does not include any personally identifiable information. We may self-publish or share with third parties or publishers such anonymized information in the form of research reports, blog posts or findings.

We maintain and use de-identified data without attempting to re-identify it, except if permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements.

Statistical Information

We may collect Information about an individual’s online activities and preferences when accessing the Website, Apps or Services for statistical and analytics purposes.  We do not, however, track users’ online activities on other websites or apps or their offline preferences.

We may share aggregated or de-identified information with third parties, including service providers, advisors, advertisers and investors, for the purpose of conducting analytics regarding our Website, Workyard App, SaaS Services or other Workyard products and services and for general business analysis.

We use third-party analytics tools, including “Google Analytics,” “Adjust” and “Amplitude” (such tools collectively referred to as “Analytics Tools”) to monitor, analyze and/or improve the use of our Services and collect such usage information.  

The Analytics Tools collect Information about, for example, how often visitors go to our Website, what pages they visit when they do so, and what other sites they used prior to coming to this Website, how End Users use the Workyard App, or what Content any of our Users access.  These Analytics Tools may also collect the IP address assigned to you on the date you visit the Website or use a Service, along with other anonymized information (e.g., browser type and type of device used during such access or use), but not your name or other Personal Information.

The Analytics Tools’ ability to use and share Information about your use of our Services is governed by the terms of use and privacy policies of the applicable third party (e.g., the third party providing such analytics tool) and require such third parties to give you the choice to opt-out of such monitoring of your online activities.

What Other Technologies Affect Your Privacy and Use of Our Services

We may use cookies, pixels and similar technologies to customize and improve your experience with our Services, or to analyze trends, administer and track Users’ movements within our Services, and gather demographic information about our user base as a whole. The following are ways that we may collect Information from you about your use of our Services.  Please note that our Payment Processors, Other Third-Party Sources, email marketing providers, and third-party hosting companies may use these methods as well, but their uses are governed by their own, respective privacy policies.

Cookies

A cookie is a small data/text file that is stored on a computer, mobile phone or other device and is used to identify the User or device and to collect information and access the internet. We use cookies to: improve the Website, for example by remembering you when you return; provide, analyze, understand and enhance the use of our Services; enforce our terms and conditions pertaining to our Services; prevent fraud; improve the Website’s performance, monitor visitor traffic and actions on the Website; and deliver and tailor our marketing or advertising, including understanding interactions with our emails, marketing, and online ads on third party websites.

The following is a description of the types of cookies deployed on the Website:

• Strictly Necessary Cookies. These cookies are strictly necessary to provide the Website. For example, they are used to authenticate and identify returning Users.

• Performance and Functionality Cookies. These cookies provide statistical information on site usage, such as web analytics.  They also help us to personalize and enhance your online experience.

Some of these cookies may relate to activities only for the time you are viewing the Website (“session cookies”).  Other cookies may remain on your computer after you have closed your browser or turned off your computer (“persistent cookies”). Just like any other usage information we collect, this information allows us to improve the Website, customize your online experience, serve interest-based advertising on other websites, and as otherwise described in this Privacy Policy.  You can set your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. However, if you set your browser to disable all cookies or opt out, some features of the Website, Workyard App or SaaS Services may not function properly. To disable or opt out of cookies, please see the “Your Choicese” section below.

If you use our Workyard App or the SaaS Services on our desktop, a mobile device, tablet, or streaming media device, we may collect a “Resettable Device Identifier” from your device. Resettable Device Identifiers (also known as mobile advertising identifiers) are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" (or IDFA) on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. We use your device’s Resettable Device Identifier only for our analytics and optimization purposes and not to serve you any advertising on the Apps.  Your device’s operating system allows you to adjust your settings to opt out of providing this identifier.

This Privacy Policy does not cover the use of cookies used by third parties, and we are not responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Website.

Pixels

Pixels are small code blocks on a website that allows for another server to measure viewing of a webpage and are often used in connection with cookies.  Pixel tags enable us to send email messages in a format customers can read and they tell us whether an email or other electronic messages has been opened.

Other Tracking Technologies

Like many websites, we may use standard Internet technology, such as web beacons, site tags, clear GIFs and other similar technologies, to collect and maintain information about your activity when visiting the Website, or using the Workyard App, SaaS Services or any other Workyard product or service. We also may include web beacons or pixels in transactional and/or promotional e-mail messages to determine whether messages have been acted upon. The information we obtain in this manner enables us to customize the Services we offer our users to measure the overall effectiveness of our content, programming, outreach, or other activities.

Log Files

We may gather certain information automatically and store it in log files.  This information includes the internet protocol (IP) address, browser type, internet service provider (ISP), and clickstream data.  We do this to improve our Services, marketing, analytics or site functionality, and to authenticate Users.

Do Not Track Signals

Some browsers or other tools include “do not track” features which, when turned on, send a signal to websites you visit indicating you do not wish to be tracked across websites over time. At this time, Workyard does not respond to these types of “do not track” signals.

Social Media Features

Our Services may include social media features such as the Facebook or Twitter “follow” button, widgets such as the “share” or “like” buttons, or interactive mini programs (collectively, “Social Media Features”).  These Social Media Features may collect your IP address, browser type, and may set a cookie to enable the Social Media Features to function properly.  All such Social Media Features are hosted either by a third party or directly on or within our Services.  Please note that your interactions with such Social Media Features are governed by the privacy policy of the company providing such Social Media Feature.

Promotional and Non-Promotional Emails

We may use your Personal Information to contact you (either through Workyard or third-party email marketing providers) with newsletters, marketing or promotional materials, or informational, educational or non-promotional information, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us as indicated below.

Advertising

We may place advertising within the Website, Workyard App, SaaS Services or any of our other Services, and such advertising contains links to the third-party websites of our partners, advertisers, sponsors, or other third parties.  Such advertising delivered to or made available through our Services may be provided by advertising partners who may download cookies onto your computer, or use other technology like web beacons, to enable them to recognize your computer each time they send you an advertisement, even when you are visiting another website. As a result, these advertisers would have the ability to deliver interest-based advertisements that they believe would be of most interest to you.

We do not have access to or control of the cookies that may be placed on your computer by third-party advertisers.  We accept no responsibility for the practices of such third-party sites with respect to their privacy policies, and you should consult these third parties’ policies prior to use.  Also see the “Your Choices” section below for possible ways to opt out of such interest-based advertising.

Third Party Services, Devices and Links

Our Services may contain links to and may be used by you in conjunction with third party websites, apps, services, devices and tools, and other information and advertising, none of which are affiliated with, or controlled, managed or endorsed by us in any way (collectively, “Third Party Services/Devices”).

By linking any Third Party Services/Devices account owned, managed, accessed or controlled by you with your use of our Services, you represent and warrant that such Third Party Services/Devices account is your own or that you are authorized to access and link such Third Party Services/Devices account; and you expressly authorize us to utilize, implement, and, if applicable, share any information or data received from your Third Party Services/Devices account. You may unlink such Third Party Services/Devices account at any time, but may (if applicable) experience, as a result, a more limited interaction with our Services.

You acknowledge and agree that Workyard is not responsible for the privacy practices of, collection, use or disclosure of information by, or the content of such Third Party Services/Devices websites or for the privacy and security policies and practices of any third parties owning, managing or controlling such Third Party Services/Devices.

You will remain bound by the terms of use and privacy policy of your Third Party Services/Devices service provider; therefore, you should review the privacy policies applicable to all such Third Party Services/Devices, especially before you permit any linking of or disclosure of your Personal Information by such Third Party Services/Devices service providers.

Hosting Services Provider and Data Transfers

We may use and rely on third-party hosting services providers to host our Services pursuant to such service providers’ standard business practices and their terms and conditions, all of which are non-negotiable and apply to all of their customers, including Workyard (if applicable).  When applicable, these service providers have (or will have) informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures.

In addition and if applicable, our Services are (or will be) hosted on these service providers’ servers which may be located outside the country in which you reside, including but not limited to the United States (“U.S.”).  This means that the data protection and privacy regulations in the U.S., or elsewhere, may not offer the same level of protection as in the country in which you reside, or as in other parts of the world.  

Further, if you do not reside in the U.S., then your Personal Information and Other Information may be transferred out of your country of residence and to the U.S. or other parts of the world, and such information will be processed and stored in the U.S. or other parts of the world.

Further, the policies and practices described in this Privacy Policy do not apply to our third-party hosting services providers, who have their own established data protection policies and procedures.  We therefore make no warranty or claim regarding the privacy, confidentiality, integrity and security of any information and data stored or retained by such providers.

By using or accessing any of our Services in any way, you consent to the transfer, storage and processing of Information that we collect from you as described in this Privacy Policy.

If you do not want your Personal Information to be transferred, stored or processed outside of the country in which you reside, you should not provide us with your Personal Information or access or use our Services.

How User Data is Processed and Stored

We may transfer your Personal or Other Information and process it outside your state or country of residence, wherever Workyard and its Third-Party Service Providers operate.

We retain the Personal Information you provide while your account is in existence or as needed to provide you with our Services or operate our business.  We may retain your Personal Information even after you have closed your account if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, comply with applicable laws, contractual obligations or industry standards, provide customer support, resolve disputes between Users, prevent fraud and abuse, or enforce this Privacy Policy and our EULA or Terms of Service, whichever applicable.  

When we no longer need Personal Information for all such operational, business and compliance purposes, we will delete or destroy it in accordance with our security policies and procedures.  In some circumstances, we may anonymize your Personal Information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

Please note that our Payment Processors, Other Third-Party Sources, email marketing providers, and third-party hosting companies may have different data processing and retention policies and procedures, so please refer to the applicable privacy policies for such information.

How We Secure and Protect Your Personal Information

Workyard takes data security seriously, and we use appropriate technologies and procedures to protect Personal Information within our company’s control and in accordance with industry standards.  Our information security policies and procedures are closely aligned with industry standards and are reviewed regularly and updated as reasonably necessary.  We use technical, administrative and physical safeguards to help protect against unauthorized access, destruction, loss, alteration, misuse or disclosure of Personal Information.

Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure and you should not expect that your information will be 100% secure in all circumstances. While we believe our security procedures are commercially reasonable, we cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties.

For registered Users of our Services, please do not provide your login credentials, including your password, to another person. We cannot be responsible for a data breach or other incident if these credentials are used by unauthorized persons. If you no longer intend to use the Services, please
inform us so that we may close your account and delete your Personal Information in accordance with our policies and procedures.

If you have reason to believe that your interaction with us is no longer secure, please immediately notify and contact us in accordance with the “How to Contact Us” section below.

Your Opt-Out Rights

As part of your use of our Services (when applicable), you are responsible for maintaining and updating your Personal Information with current, accurate and complete information. you may view, update or edit the Personal Information you have provided to us by logging in to your account and following the appropriate instructions.  you can also request that we help you make such changes to your Personal Information by contacting us in accordance with Section 20 (“How to Contact us”) below.

You may opt-out from receiving marketing communications about Workyard products and services, or informational, educational or other non-promotional emails related to your use of the Workyard products and services that you signed up for or purchased, or other periodic emails from us by contacting us in accordance with the “How to Contact Us” section below.

We will try to comply with your request(s) as soon as reasonably practicable.  Please note that if you opt-out of receiving marketing-related emails from us, we may, if you are an End User or Customer Personnel User, still send you important administrative or transactional messages, from which you cannot opt-out.

Your Choices

We strive to provide you with appropriate choices regarding the Personal Information you provide to us. We have created the following mechanisms to
provide you choices and control over your information.  Please contact us at help@workyard.com if you have any questions.

Other Uses. We will not collect, use, or disclose your Personal Information in any ways or for any purposes that are materially different from those set forth in this Privacy Policy. However, if we wish to do so in the future, we will obtain your consent first, and offer you the choice to opt-out of such proposed collection, use, or disclosure of such Personal Information.

Promotional or Marketing Messages. If we send you promotional or marketing messages, you will be able to opt out of receiving our marketing or promotional email communications by using the “Unsubscribe” feature at the bottom of each email from us or by requesting to opt out by emailing us at help@workyard.com. Please note that you cannot opt out of receiving transactional communications from us regarding Services you request, your account with us or other transactional or administrative issues.

Cookies. You have the ability to disable or opt-out of certain cookies by going to the “Cookie Preferences” on your browser. All browser settings are slightly different, so to manage cookies, you should refer to the relevant settings within your browser. Also, you can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.  If you choose to accept, reject, delete or disable cookies or opt out, please note that you may not be able to sign in or use some of the features offered by our Services, or the use of some of our Services might be more cumbersome and less accessible.

Account Information. If you are a registered User, you can access your account and update or delete your Personal Information at any time, except as otherwise specified in this Privacy Policy.

Google Analytics. As previously mentioned, we use Google Analytics to help us manage and improve our Services.  Google provides a Browser Add-On that allows you to opt-out by downloading and installing the add-on for your web browser, available at https://tools.google.com/dlpage/gaoptout

Your Rights

End Users and Customer Personnel Users may access and update their Personal Information from within their Workyard account or profile.

Subject to applicable law, Usershave the right to request from us a copy of what Personal Information that we have collected or to ask to correct or update their Personal Information.  Users  may also request that we delete their Personal Information from our systems and records in accordance with our policies and procedures, unless otherwise specified in this Privacy Policy.  (Note that if we delete your Personal Information, you may not be able to continue to access our Services.)

We strive to respond to these requests within thirty (30) days of receiving each such request.  

Please be mindful of what you include in your request; therefore, PLEASE REFER to the “When You Should Not Share Personal Information With Us” section before you send us a request.

For Users Residing in California

If you reside in California, please see the “CALIFORNIA PRIVACY NOTICE” section below for other rights under California law related to our use of your Personal Information when you use our Services.

Children

The Website and all of our Services are intended specifically and exclusively for persons 18 years and older or other “minimum adult age” as required by applicable laws in the jurisdiction in which the User resides. We do not knowingly collect Personal Information from persons under 18 years of age or other minimum age under applicable laws. If you are under 18, you should not provide your Personal Information to us. If you believe that we might have any Personal Information from a child under 18 or other minimum age under applicable laws, please contact us immediately with the details at help@workyard.com.

Changes To This Privacy Policy

may, in our sole discretion, occasionally update this Privacy Policy to reflect changes in our practices and Services. When we post changes to this Privacy Policy, we will revise the “Last Updated” date at the top of this Privacy Policy. Any changes will become effective when we post the revised Privacy Policy within our Services.

By continuing to use our Website, Workyard App, SaaS Services or any other Services after we modify this Privacy Policy, you accept the new version of the Privacy Policy. Therefore, it is important that you read this Privacy Policy regularly to ensure you are familiar with its most updated terms. If you do not agree to the changes, you should not continue to use the Website, Workyard App, SaaS Services or any other Services.  You should also immediately contact us by emailing help@workyard.com.

Complaints & Disputes

If you have a complaint about our handling of your  Personal Information, please contact us as indicated in the “How to Contact Us” section.  We also have a dispute resolution procedure outlined in the EULA or Terms of Service, whichever is applicable to you.

How to Contact Us

We want to be clear about our privacy practices so that you can make informed choice about the use of your information.  If you have any questions or complaints about our privacy practices or this Privacy Policy, or wish to make a “data rights” request under the privacy law that applies to you, please contact us.  

As solely an online company, we communicate with you and all of our customers via email, so please contact us at help@workyard.com.

Verifiable Consumer Request

Depending on the kind of request you send us, we may, in our sole discretion, determine that your request must be verified.  In such cases, we will require you to: (a) provide sufficient information that allows us to reasonably verify you are: (i) the person about whom we collected Personal Information or an authorized representative; and (b) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  

We will only respond to your request or provide you with the requested Personal Information if we can (in our sole discretion) verify your identity or authority to make such request.  We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Authorizing an Agent

To authorize an agent to make a request (as permitted in this Privacy Policy) on your behalf, please provide us with written authorization signed by you and your authorized agent, and we will contact you with further steps required to verify your and your authorized agent’s identities.

No Sensitive Data

Because email communications and any other electronic form of communication are not always secure, please do not include any credit card or any other sensitive information (aka “sensitive data”) in your emails to us.

CALIFORNIA PRIVACY NOTICE

Your privacy rights under the CCPA if you LIVE IN California

If you are a California resident using any of our Services, you may exercise the following rights under the California Consumer Privacy Act (“CCPA”).

● Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information (as defined by California Civil Code §1798.83) collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you (if any) during the past twelve months.

● Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you. Please note that permanently deleting your account with Workyard will erase all of your Personal Information stored by Workyard and (if applicable) its Third-Party Service Providers.  Consequently, you will no longer be able to use or access the Services (including any Content) and your account, and your account and Personal Information will not be able to be restored or retrieved in any way.  

● Right to Opt Out. In some circumstances, you may submit a verifiable request to opt out of our renting, selling or sharing of your Personal Information.  

We do not rent, sell, or share your Personal Information with other people or non-affiliated companies for their direct marketing purposes, unless we have your permission. If we receive your permission, non-affiliated companies may use your Personal Information to send you offers or other information that you may find of interest. Notwithstanding the foregoing, we may share Personal Information about you with our advertising partners (if any) in order to send you promotional communications about our Services or to show you more tailored content, including relevant advertising for products and services that may be of interest to wou.  

If you wish to opt out of such information sharing, please send us a verifiable request with your request.

● Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to applicable laws.

● Submit Requests. To exercise your rights (as summarized above) under the CCPA, please send an email your request to us as noted in our “How to Contact Us” section above.

● Verification. Requests for access to or deletion of Personal Information, to exercise your opt-out rights or for any other reasons related to our Services are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations and any other applicable laws. To verify your request, please follow the instructions provided in our email response to your request.

● Authorizing an Agent: To authorize an agent to make a request to know, access, opt-out or delete on your behalf, please provide us with written authorization signed by you and your authorized agent, and we will contact you with further steps required to verify your and your authorized agent’s identities.‍

California’s Shine the Light Law.

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our Users who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year, as well as the names and addresses of those third parties.  Requests may be made by you only once a year and are free of charge.  (See the “How to Contact Us” section above.)

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