Privacy Policy - Workling

WORKLING GENERAL PRIVACY POLICY

About this Privacy Policy
About Workling
Personal Data we collect from you. Categories of Personal Information and Specific Pieces of Personal Information we collect from you. Categories of Sources of collection Personal Information. Personal Data we collect automatically. Personal Information we collect from third parties.
How do we use your Personal Data
Legal Basis for Processing your Personal Data
Cookies
Your rights. How to exercise your rights
Sharing your Personal Data. Categories of third parties with whom we share your Personal Information.
Transfer of your Personal Data to other countries
Links to Third Party Websites
Data retention and data deletion
Keeping your Personal Data safe
Sale of Personal Information
Children
Where do we store your Personal Data
Changes to this Privacy Policy
How to contact us

1. About this Privacy Policy

We care about your privacy. This Privacy Policy sets out the basis on which we, BD Workling LLC, and our affiliates (hereinafter indistinctively “Workling” or “We”), take care about your privacy. It explains how we collect, use, process, share, disclose and store the Personal Data -as this term is defined below-, collected in connection with applicants and/or businesses that log into Workling’s website/s (www.workling.com) (hereinafter, “Applicants” and “Businesses”, jointly referred to as “You”; and the “Website/s” respectively).

As used in this Privacy Policy, “Personal Data” or “Personal Information” means any data provided by Applicants and/or Businesses, when accessing and logging in to our Website/s, or by any other means, as further detailed on section 3.

The aim of this Privacy Policy is to explain the Personal Data we collect from Applicants and/or Businesses, the purposes for which we collect it, how we use it, and how we share it. In sum, the purpose of this Privacy Policy is to explain how we protect Applicants and/or Businesses privacy, and their rights in connection to their Personal Data.

This Privacy Policy complements the Terms and Conditions of “Workling’s” Website for Applicants, as well as the Terms and Conditions of “Workling’s” Website for Businesses, both available at: https://www.workling.com/terms-and-conditions (together, “Workling’s Terms and Conditions”).

The information collected by Workling will be processed pursuant to: (i) the manner described herein (ii) Workling’s Terms and Conditions, and (iii) all requirements set forth by laws governing personal data applicable to the geographical area where the Applicants and/or Businesses are located at (“Applicable Data Protection Laws”.)

For further clarifications on this Privacy Policy, questions or concerns, please do not hesitate to contact us (see Section 17 How to contact us).

2. About Workling

Workling LLC is a Delaware limited liability company headquartered at 800 W. El Camino Real, Suite 180, Mountain View, CA 94040, United States of América

For the purpose of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), Workling is the data controller of Applicants’ and Businesses’ Personal Data as described in this Privacy Policy, unless expressly specified otherwise.

3. Personal Data we collect from you.

Categories of Personal Information and Specific Pieces of Personal Information we collect from You.

We have collected within the last twelve (12) months, and may collect in the future the following categories of Personal Information listed below from Applicants’ and/or Businesses, for business purposes pursuant the California Consumer Privacy Act of 2018 (“CCPA”):

1. Identifiers and registration contact information: Applicant’s full name, gender, birth date, country of residence, location, e-mail address, postal address, telephone number, Internet Protocol (IP) address, or other similar identifiers; Business’s name, phone number, address, category and country where it operates and provides its products and/or services, business profile, among others.
2. Education/Employment information: Applicant’s may download on the Website and therefore we may have collected and may collect, their resume and information about themselves, such as their abilities, education and work experience, indication of desired wage, type of job they wish to apply for, language skills, among others.
3. Internet or other electronic network activity information:Applicant’s and/or Businesses device information and device identifiers, browsing type and language, browsing history, search history, and information regarding the Applicant’s and/or Businesses interaction with the Website/s.
4. Geolocation data: Applicant’s and/or Businesses’ city, state, zip code, etc. related with the IP address.
5. Other information.

Categories of Sources of collection Personal Information.

We may collect data, including Personal Data, through our interactions with Applicants and/or Businesses when they:

Access and register on our Website and/or our affiliates websites;
Download content on our Website and/or our affiliates websites;
Provide us and/or our affiliates with information via phone, email, social media, etc.;
Subscribe to Workling’s and/or Workling’s affiliatesour newsletters, or other content-related material;
Leave comments on our website or on our affiliate’s websites;
During in-person meetings or at Workling’s and/or Worklings affiliate’s events, conferences, workshops or gatherings;

Online information about Applicants and Businesses may also originate from the use of cookies and similar technologies (for example, pixel tags and device identifiers) on our Website/s our affiliate’s websites or sites of third parties. For more information on cookies and similar technologies, please see Section 6 below.

Personal Information we collect from third Parties

We work closely with various third parties and may receive Personal Data from them. We protect the Personal Data obtained from them in accordance with the practices and policies described herein, plus any additional obligations imposed by the third-party source of the Personal Data. The third-party sources may vary due to context, but may include the following:

Data brokers from which we purchase data to complement the data we collect when allowed by Applicable Data Protection Laws;
Partners: (i) authentication partners: if Applicant’s and Businesses’ register or log in into our services using third party credentials (e.g. Facebook, Google) we will import their information from such third party source to help Applicant’s and Businesses’ create an account on our Website; (ii) technical services partners that helps us without technology, and may provide us with certain data (e.g. such as mapping IP address to location data) to help us to provide our services, (iii) advertising partners, that provide us with services on our Website (analytics, marketing, etc.) providing with inferences about Applicant’s and Businesses’ preferences and interests to offer Applicant’s and Businesses’ a better service and customized offering.

Personal Data we collect Automatically.

Our Website/s automatically collects certain data, through automatic data collection tools such as cookies, beacons, among others. These tools automatically collect the following information:

Technical information including, but not limited to, Applicant’s and Businesses’ browser type, operating system, device information, online identifiers including cookie data and Internet Protocol address (IP), domain name, referral URL, time zone setting, and/or time-stamp for their visit, information about their devices.
Usage information including, but not limited to, Applicant’s and Businesses´ geographic location information (such as country and/or state), date and time they visited our Website, numbers and frequency visitors to our Website, page views and search queries, clickstream behaviors, amongst others. Also, it may include details of Applicant’s and/or Business’s use of third-party applications in connection with Working’s Website.

4. How do we use your Personal Data

During the past 12 (twelve) months we have disclosed the categories of Personal Information about Applicants and Businesses listed above to our affiliates, group companies and service providers for our business purposes as described below. We have not, however, sold Applicant’s and Businesses’ Personal Information to third parties.

Business Purposes:

1. To fulfill the purpose for which the Personal Information is provided;

2. To provide Applicants and Businesses with information, and answer their requests;

3. To conduct surveys;

4. To communicate and respond Applicants’ and Businesses’ requests and inquires;

5. To operate our business and provide our services: facilitating and making communications between logged in Applicant’s and Businesses, allow Applicants to apply for the jobs offered by Businesses.

6. To follow up with our services (email or phone inquiries).

7. To provide Applicants and/or Businesses with e-mail alerts, event registrations, and other notices concerning Workling’s activities, or events and/or news that might be of interest to Applicants and/or Businesses;

8. To administer and improve the functionality of our Website and its technical and functional management;

9. To analyze, develop and improve the use and performance of our Website/s;

10. As necessary and appropriate to protect Workling’s, Applicants’ and/or Businesses’ rights and/or property;

11. To manage the security of our Website/s;

12. To comply with applicable law and regulations to operate our business;

13. To answer to law enforcement requests as required by applicable law, court order, or governmental regulations;

14. As described to the Applicants and/or Businesses when collecting their Personal Information, or as otherwise as set forth by the CCPA.

We do not collect additional categories of Personal Information, nor process the collected Personal Information for a different purpose than the ones described in this Privacy Policy.

Advertising: please bear in mind, that the Personal Information we collect also allows us to keep Applicants and Businesses posted on Workling’s latest announcements, updates, and upcoming events. Also, to customize the content and advertising that Applicants and Businesses see in our Website, personalizing Applicants and Businesses experience and allowing us to deliver the type of content and service and/or product offerings they are most interested in and to send periodic emails regarding our products and/or services. In the event Applicants and/or Businesses subscribe to any services or communications offered by Workling, such as advertisements or newsletters, they are entitled to unsubscribe at any time by following the instructions included in such communications. If Applicants and Businesses don’t want to be on our mailing list, they can opt-out anytime by sending us an e-mail to: info@workling.com

5. Legal Basis for processing your Personal Data:

We rely on the following legal bases to collect and process Applicants and/or Businesses Personal Data under Applicable Data Protection Laws, as it corresponds:

Consent: where Applicants and Businesses have provided their consent for the processing of their Personal Data for a specific purpose.
Performance of a Contract: where processing is necessary for the performance of a contract with Applicants and/or Businesses, or taking steps prior entering a contract with any of them.
Legal obligation: where we have a legal obligation to process Applicants’ and Businesses’ Personal Data for example when answering to a public or governmental authority, courts, or regulators, according to a legal obligation under applicable law.
Legitimate interest: to satisfy a legitimate interest, for example when it is not required by law, but it clearly benefits the Applicants and/or Businesses.

6. Cookies

How Workling Uses Cookies and Other Technologies:

Cookies are small files that a website or its service provider transfers to Applicants’ and/or Businesses’ computer’s hard drive through their Web browser (if they allow) that enables the website’s or service provider’s systems to recognize their browser and capture and remember certain information. For instance, we use cookies us understand Applicants’ and/or Businesses’ preferences based on previous or current website activity, which enables us to provide them with improved services. We also use cookies to help us compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future.

Categories of Cookies

We classify cookies in the following categories:

Strictly Necessary Cookies	cookies that are fundamentally necessary for our Website/s to work and allow Applicants and/or Businesses to use the functions of our services. Without this type of cookies, Applicants and/or Businesses could not receive the requested services. In sum, these cookies enable the provision of services and allow Applicants and Businesses to use our services. E.g. logging in. We need these Cookies to provide Applicants and Businesses with our service.
Performance Cookies	these cookies collect information about the use that visitors make of our services, such as the frequency of the visits and traffic, allowing us to improve the performance of our Website/s. These cookies collect anonymous information about the visits on our Webpage/s. They are used exclusively to improve the performance of our services.
Functional Cookies	these cookies allow our Webpage to remember certain type of information, such as Applicants’ and Businesses’ username, language, etc. They provide functionality and personalization. This information is also anonymous. These cookies remember the options Applicants and Businesses have selected to improve Applicants’ and/or Businesses’ experience. This Cookies allow us to adapt our services based on the provided information.
Targeting Cookies	may be set through our Website to offer Applicants and/or Businesses relevant advertisements on other websites, based on their interests. These cookies collect information on Applicants’ and Businesses´ browsing habits with the purpose of adapting advertisement to their activities. In general, this information is shared with other advertisers and third parties. We may also use this information to record the number of times Applicants and Businesses have seen a particular ad and avoid showing them the same ads repeatedly.

Web Beacons

We may use web beacons are very small graphic image or object embedded in our web page or e-mail) to collect information about Applicants and/or Businesses’ online actions, visits to our Website/s, and activity.

We use cookies to:

Understand and save Applicants’ and/or Businesses’ preferences for future visits.
Compile aggregate data about Website traffic and Website interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

How to manage Cookies

• In your browser

Applicants and Businesses may modify or withdraw their consent for the use of Cookies at any time. If You do not want to receive Cookies anymore, You may use your web browser either to accept them or reject them. For such purpose, You must follow the instructions on your web browser. If You set your browser to reject Cookies, You may not be able to use all Workling’s functions in the Website.

• In Applicants and Businesses devices

In your mobile device, your operative system (IOS) offers options for avoiding personalized advertising -both in IOS and Android- to limit the use of information with the use of apps to generate advertisement based on your interests and tastes.

Please be aware that advertisers and our partners may also use their own cookies and beacons, and unluckily we do not held control for the information they collect. You will need to refer to their Privacy Policies. These third parties may use the information collected to serve more relevant advertisements. To configure your cookie controls and reject advertising cookies, including third-party cookies follow the instructions on your mobile device.

7. Your Rights. How to exercise your Rights.

Under current privacy laws and regulations, Applicants and Businesses are given certain rights in relation to their Personal Data. Accordingly, we are glad to offer them with security, transparency, and access control to their Personal Data as available, and with the exceptions set forth on applicable laws and regulations.

Applicants and Businesses have the following rights:

Under the GDPR:

If You are resident from the European Economic Area (EEA) or the UK, you have the following rights regarding your Personal Data:

1. Right of access: you have the right to be informed and request access to the Personal Data we have collected and process about you.

2. Right to rectification: you have the right to request the rectification of inaccurate Personal Data concerning you, which must be duly amended or updated without undue delay.

3. Right to erasure: you have the right to request we delete your Personal Data.

4. Right to restriction of processing: you have the right to request us to prevent from processing your Personal Data, either all or some of your Personal Data, temporarily or permanently

5. Right to data portability: you have the right to request a copy of your Personal Data in electronic format and the right to transmit those data to another controller.

6. Right to object: you have the right, at any time, to object us from processing your Personal Data on grounds relating to your particular situation, and the right to object for your Personal Data to be processed for direct marketing purposes.

7. Right not to be subject of automated decision making: you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

For exercising any of the aforementioned rights, please contact us or emailing us at info@workling.com or at the following number +1 (408) 822-0051.

Under the CCPA:

Personal Information Collected and Processed: Section 3 of this Privacy Policy describes the categories of Personal Information we collect, use and disclose, and have collected, used and disclosed for the preceding 12 (twelve months); the sources from which we obtain each category of Personal Information, and the purposes for which we obtain such Personal Information.

If You are resident of the state of California, USA, please be advised that You may exercise the following additional rights, under the CCPA:

A. RIGHT TO KNOW the specific pieces of information about you we collect, use, disclose or sell, or have collected, used, disclosed, or sold:

Applicants and/or Businesses have the right to KNOW the specific pieces of Personal Information we collect, use, disclose or sell, and have collected, used, disclosed or sold, covering the 12-month period preceding our receipt of their information request.

In particular, You might request for us to disclose:

i. The specific pieces of your Personal Information we collect or have collected.

ii. The categories of Personal Information we have collect or have collected about You;

iii. The categories of sources from which we collect or have collected your Personal Information;

iv. The categories of your Personal Information that we sell, or have sold, disclose or have disclosed for a business purpose;

v. The categories of third parties with whom we sell or have sold, disclose or have disclosed your Personal Information.

vi. The business or commercial purpose for which we have collect, sell or have collected or sold your Personal Information;

To make a verifiable consumer request for information about the Personal Information we have collected about you, please exercise your rights by using our Contact Form (https://www.workling.com/contact-us or emailing us at info@workling.com or at the following number +1 (408) 822-0051

B. RIGHT TO DELETE your Personal Information.

You also have the right to request that we delete their Personal Information, subject to certain exceptions, according to Applicable Data Protection Laws. You may exercise your right by accessing our Contact Form at the following link https://www.workling.com/contact-us and typing in the message box “I want to permanently delete my data” or emailing us at info@workling.com or contacting us at the following number +1 (408) 822-0051

C. RIGHT TO RECEIVE A COPY of your Personal Information:

You have the right to request a copy of the Personal Information about you, we have collected. You may exercise your right by using our Contact Form at the following link https://www.workling.com/contact-us and typing in the message box “I want to receive a copy of my Personal Information” or emailing us at info@workling.com or contacting us at the following number +1 (408) 822-0051

D. RIGHT TO NON-DISCRIMINATION:

You have the right not to be discriminated by us; this is: us denying you goods or services, or charging you a different price or rate for our goods and services, amongst others, as a consequence of you having exercised any of your consumer rights under the CCPA.

You may exercise any of your rights under the CCPA by submitting your request for information required to be disclosed and/or deleted by accessing our Contact Form at the following link https://www.workling.com/contact-us or emailing us at info@workling.com or contacting us at the following number +1 (408) 822-0051

When receiving a verifiable consumer request, we will verify the person making a request is the Applicant and/or Business about whom we have collected the Personal Information. We will generally avoid requesting additional information for the Applicants and/or Businesses’ purpose of verification. However, if we if we cannot verify the identity of the Applicants and/or Businesses from the information already maintained by us, we may request certain additional information, that will be only used for the purposes of verifying the Applicants’ and/or Businesses’ identity. We will address the Applicants and/or Businesses verifiable request in an appropriate manner, pursuant to provisions set forth on the CCPA.

Provided You have a password-protected account with us, we may verify your identity, by authenticating you through that account.

Requests made through authorized agents: Please note that under the CCPA, Applicants and/or Businesses also may designate in witting or through a power of attorney an authorized agent to make the request on their behalf and exercise their privacy rights. Before accepting their agent’s request, we will take all steps necessary to verify they have duly authorized him/she to act on their behalf, for which they must provide us in writing a signed authorization or copy of a power of attorney.

Under Argentina’s Personal Data Protection Act No. 25.326 (“PDPA”):

With respect to Applicants and/or Businesses located in Argentina, the processing of their Personal Data will be based on their free, informed, and express consent, and only for the purposes described on this Privacy Policy.

If you are located in Argentina you may, under certain conditions, have the right to:

Require us access to the Personal Data we hold about you;
Require us to rectify the Personal Data we hold about you;
Require us to update the Personal Data we hold about you;
Require us to delete Personal Data (including where our processing activity is based on their consent);

Your exercise of some of these rights is subject to certain exemptions (e.g. the right for us to delete their Personal Data when we have a legal obligation to retain such data, or such deletion affects a third party).

If you exercise any of these rights we will check your entitlement and respond you within 10 (ten) days when they require to access to their personal data or 5 (five) days when they require any rectification, update or deletion.

To exercise your rights, please contact us at: argentina@workling.com

“The data subject has the right to access your personal information at intervals of not less than six months free of charge, unless there is a specified legitimate interest agreed upon by the interested party as established in section 14, paragraph 3 of Act 25,326, by submitting an email or calling to the following email address/phone number: argentina@workling.com/+1 (408) 822-0051. The AGENCY OF ACCESS TO PUBLIC INFORMATION, in its function of Controlling Entity of Act 25,326, has the attribution to attend any complaints or reports related to the infringement of personal data regulations”.

9. Sharing your Personal Data. Categories of third parties with whom we share your Personal Information.

We may share Applicants’ and/or Businesses’ Personal Data globally with our affiliates, subsidiaries and group companies to carry out our activities, specified in this Privacy Policy. Also, we may share Personal Data with, or subcontract processing, with third parties located in different countries than their country.

In this regard, we may share Applicant’s and/or Businesses’ Personal Information with:

our affiliates: to provide our services and/or products;
our service providers: that help us conduct our business and support infrastructure;
advertising partners;
For business transfers: we share Applicant’s and/or Businesses’ Personal Data in those cases where we sell or negotiate to sell our business to a buyer or potential buyer. In this case, we will continue to ensure the security and confidentiality of the Personal Data, and give Applicant’s and/or Businesses’ notice before their Personal Data is transferred to a buyer or becomes subject to a different privacy policy;
Others

Transfer of your Personal Data to other countries

In some cases, our affiliates, subsidiaries, and/or third-party service providers are located in other countries, meaning that Applicant’s and/ Businesses’ Personal Information may be processed or stored in other countries. In certain circumstances, our affiliates, subsidiaries, and/or service providers may be required to disclose information to government authorities, regulators, courts, or law enforcement in those countries.

When Applicants’ and/or Businesses’ Personal Data is transferred internationally to third parties located in territories which may not offer an equivalent level of protection to privacy as that applicable within their country of residence (Personal Data collected within the European Economic Area (EEA), for example may be transferred to be processed by third countries located outside the EEA), we ensure that the transfer of the Personal Data is carried out in accordance with the terms of Applicable Data Protection Laws.

We will take all the necessary steps to verify that Applicants’ and/or Businesses’ Personal Data receives an “adequate level of protection” or substantially equal (where required by local law) level of protection. This, by requesting their express consent to the transfer pursuant to applicable law, and/or entering into Data Transfer Agreements (“DTA’s”) pursuant to applicable law, such as the Model Clauses of EU Directive 87/2010, valid as set forth by Section 47 of the GDPR, or Corporate Binding Rules as an option to the referred DTA’s, when the international transfer of Personal Data is made amongst companies of the same economic group, to countries that do not count with an adequate level of protection in accordance to the terms of applicable law.

In any event, we will apply appropriate technical and organizational safety measures to the transfer of Personal Data, so as to ensure that data importers comply with the Applicable Personal Data Laws and use the Personal Data for the sole purposes for which the Personal Data is transferred.

10. Links to Third Party Websites

We may display advertisements from third parties and other content in our Website that may link you to third parties’ websites. We cannot control nor held responsible for such content and third party’s privacy policies. If you click and access a third-party advertisement or link, please understand that you are leaving Workling, and any Personal Data you provided will not be covered by this Privacy Policy.

Please refer to the third-party Privacy Policies to find out how they collect and process your Personal Data.

We will keep Applicants’ and/or Businesses’ Personal Data as long as necessary to fulfill the purposes described herein.

Upon Applicants’ and/or Businesses’ request, we will delete their Personal Data, unless we are allowed or required to keep certain Personal Data, for example to fulfill a legal obligation or to resolve a dispute, etc.

12. Keeping Your Personal Data Safe

We are firmly committed with the security of Applicants and/or Businesses Personal Data. We will make our best efforts to protect your Personal Data, by implementing adequate technical, physical, administrative, and organizational measures, in order to guarantee the security of Applicants’ and Businesses’ Personal Information.

However, please be advised that no system is ever a complete secured system- Applicants and/or Businesses can always decide not to use our products and/or services.

We also encourage Applicants and/or Businesses to take all possible measures to secure their Personal Data by using a safe strong password, never sharing their password with others, logging out of the account immediately after having use the account, amongst others.

13. Data Breaches

Despite our best efforts to guarantee the maximum possible level security of Applicants’ and/or Businesses’ information by adopting technical and organizational measures to contribute to the security of their data, provided we suffer a data breach, we will take all necessary measures to reduce its effects.

In accordance with the terms of Applicable Data Protection Laws accordingly, without undue delay and, where feasible, after having become aware of it, we will notify the Personal Data breach to the supervisory authority and/or to the Applicants and/or Businesses, as appropriate under the terms of Applicable Data Protection Laws.

14. Sale of Personal Information/Right to Opt-out of the sale of your Personal Information

The CCPA gives California residents the right to opt-out from the sale of Personal Information. We do not sell nor have sold information that directly identifies Applicants and/or Businesses. We do not exchange information about Applicants and/or Businesses to third parties in exchange for money or other consideration. We share information with third parties who work with us, as explained on previous sections, for the purposes described herein.

However, due to the broad definition of “sale” of Personal Information under CCPA, including the provision of Personal Information to another business or third party for monetary and other valuable consideration, shall Applicant and/or Businesses prefer for us not to sell their Personal Information, please access the following Contact Form link https://www.workling.com/contact-us and type in the message box “DO NOT SELL MY PERSONAL INFORMATION” in order to opt-out of the future sale of your Personal Information or email us at info@workling.com or contact us at the following number +1 (408) 822-0051

15. Children

Services rendered by Workling shall only be available for persons with legal capacity to enter into contracts under applicable laws. Thus, should you not meet this requirement, you shall not provide us with your Personal Data.

Our services are not directed to children under the age of 13 years, or from ages from 13 to 16, or equivalent minimum age in the relevant jurisdiction. If you are under the age limit of 13 years, or from 13 to 16 years old, please do not use our services and do not provide us with any Personal Data or information.

We will not collect, process nor sell the Personal Information of users under 13 years of age, or from 13 to 16 years, if we have actual knowledge that the user is less than those years of age.

16. Where do we store your Personal Information

All Data provided to Workling shall be safely stored. Workling shall store Applicant’s and Businesses’ Personal Data in Amazon Servers.

17. Updates to this Privacy Policy

We may make changes to this Privacy Policy periodically. We shall give notice of any changes to Applicants and/or Businesses through the usual means of communication, such as the e-mail. Notwithstanding the aforementioned, Applicants and Businesses undertake the obligation to regularly access this Privacy Policy and search for any amendments hereto.

18. How to contact us

Should Applicants and/or Businesses have any privacy-related queries or comments, or regarding this Privacy Policy they shall contact us at: info@workling.com

Last updated: January 25th, 2021