OnShift Products Terms of Use The OnShift suite of products, which includes, but is not limited to OnShift Schedule, OnShift Engage, OnShift Wallet, OnShift Employ, OnShift Insight, OnShift Hire, OnShift Text2Hire and OnShift’s Payroll-Based Journal reporting software (the “Products”) are published, owned, and operated by OnShift, Inc., its affiliates and related entities (“OnShift,” “the Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Products. IMPORTANT – BY SIGNING UP AS AN INDIVIDUAL USER OF THE PRODUCTS (“USER,” “YOU,” “YOUR”) YOU ARE ACKNOWLEDGING THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE. FURTHERMORE, IN THE EVENT YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY (“CUSTOMER”), YOU REPRESENT AND WARRANT THAT ALL SUCH USE OF THE PRODUCTS ON YOUR BEHALF IS SUBJECT TO THIS AGREEMENT, INCLUDING ANY CUSTOMER MASTER SERVICES AGREEMENT, CUSTOMER ENTERPRISE TERMS OF SERVICE, ANY RELATED ORDER FORM, ANY STATEMENT OF WORK AND ANY APPLICABLE CUSTOMER POLICIES AND PROCEDURES PERTAINING TO THE USE OF THE PRODUCTS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THESE TERMS OR USE THE PRODUCTS. By accessing, browsing, submitting information to and/or using the Products, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. Purpose of the Products. OnShift provides the Products to deliver commercial business-to-business software as a service (“SaaS”) application to solve workforce challenges in healthcare. The information provided in these Terms is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services, or the terms of any agreement with your employer or any prospective employer. We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. OnShift disclaims all liability and responsibility arising from any reliance placed on such content by you or any other user of our Products, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by OnShift through the Products shall be handled in accordance with the Products’ Privacy Policy, which is hereby incorporated by reference. OnShift is not a healthcare provider, payer or clearing house. OnShift is a business that provides intuitive software and proactive services to solve workforce challenges in healthcare. Unless otherwise established in an agreement between OnShift and a Covered Entity (i.e., a doctor, pharmacy, or insurer), OnShift is not a Covered Entity or Business Associate and does not comply with the Health Insurance Portability and Accountability Act (“HIPAA”). OnShift does not collect “Protected Health Information” as defined under HIPAA, nor should you enter or provide such information in any of our Products. License and Use of Products. OnShift grants you a non-exclusive right to access and use the Products and the data, material, content or information herein (collectively, the “Content”) solely for your use in connection with or under your terms of employment with your employer or in connection with your application for employment. Your right to access and use the Products shall be limited to non-commercial purposes unless you are otherwise expressly authorized by OnShift to use the Products for commercial purposes. You agree to use the Products only for lawful purposes, comply with all rules governing any transactions on and through the Products and comply with applicable laws. OnShift shall have a non-exclusive, non-transferable, worldwide, perpetual, irrevocable license to collect, analyze or use statistical data relating to Products solely for the management and improvement of its Products. OnShift’s use, collection and disclosure of the any User information shall comply with applicable law and the posted terms of our Privacy Policy. User Account Responsibility. If you are given or create a password to access the Products, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify OnShift immediately of any unauthorized use of your account. OnShift is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password. Prohibited Uses. You agree that you will not: · Use the Products in any manner that could damage, disable, overburden, or impair the Products or interfere with any other party’s use and enjoyment of them; · Attempt to gain unauthorized access to any Product account, computer systems or networks associated with OnShift or the Products; · Obtain or attempt to obtain any materials or information through the Products by any means not intentionally made available or provided by OnShift; · Use any robot, spider, or other automatic device, process or means to access the Products for any purpose, including monitoring or copying any of the material on the Products; · Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; · Attack the Products via a denial-of-service attack or a distributed denial-of-service attack; or · Impersonate or attempt to impersonate OnShift, an OnShift employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls. You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls or other notifications from OnShift for the purposes of providing you informational updates about services or Products you may have requested, including employment related communication. In providing your mobile device number or cell phone number to OnShift, you knowingly consent to such communications from OnShift or for OnShift to use your cell phone number or mobile device number in accordance with OnShift’s Products’ Privacy Policy. You represent that you have the authority to agree to receive text messages at the telephone number that you provide to OnShift, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from OnShift and as described in the Products’ Privacy Policy. Not all mobile devices or handsets may be supported by this service. OnShift and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your use and requests and your employer’s use of the Products. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from OnShift. Third-Party Sites. The Products may contain links to websites controlled or operated by persons and companies other than OnShift (“Linked Sites”). Linked Sites are not under the control of OnShift, and OnShift is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. OnShift is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. OnShift is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OnShift of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support OnShift or are identified in the Products, including any delivery of and payment for goods and services. Third-Party Applications. You acknowledge that your access and use of any third-party applications or software on our Products and Content (the “Third-Party Applications”) is at your discretion and risk, and OnShift has no liability to you arising from your use of the Third-Party Applications. OnShift hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold OnShift harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications. For example, one such third-party application is PayActiv, which provides banking services and functionality in support of our OnShift Wallet Product. While OnShift and its Customers contract with PayActiv to provide such OnShift Wallet services, your use of PayActiv as part of the OnShift Wallet is also subject to PayActiv’s terms of use and any posted privacy policy. PayActiv’s terms of use are available here: https://web.payactiv.com/en/Home/TermsAndConditions. Intellectual Property Notices. The Products and Content are protected by copyrights, trademarks, patents, or are subject to other proprietary rights. “OnShift” is a trademark federally registered with the United States Patent and Trademark Office, and names such as “OnShift Schedule”, “OnShift Engage”, and “OnShift Insight” are trademarked. Accordingly, you are not permitted to use the Products or Content in any manner, except as expressly permitted by OnShift in these Terms. The Products or Content may not be copied, reproduced, modified, reverse-engineered, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives with the express written consent of OnShift or applicable owner. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Products. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, OnShift or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. Questions regarding the use of any intellectual property provided on the Products should be directed to support@onshift.com. United States and Canada Only. OnShift is based in the state of Ohio in the United States. OnShift provides the Products for use only by persons located in the United States and Canada. We make no claims that the Products or any of their contents are accessible or appropriate outside of the United States or Canada. Access to the Products may not be legal by certain persons or in certain countries. Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY ONSHIFT TO YOU VIA THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. ONSHIFT AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, ONSHIFT AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PRODUCTS OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PRODUCTS. YOU SPECIFICALLY ACKNOWLEDGE THAT ONSHIFT AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PRODUCTS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER ONSHIFT NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. ONSHIFT FURTHER MAKES NO WARRANTY THAT THE PRODUCTS WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS IS AT YOUR SOLE RISK AND THAT ONSHIFT, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PRODUCTS OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST ONSHIFT FOR DISSATISFACTION WITH THE PRODUCTS OR THE CONTENT IS TO CEASE YOUR USE OF THE PRODUCTS AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ONSHIFT OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PRODUCTS, OR THE CONTENT, DATA, OR INFORMATION ACCESSED VIA THE PRODUCTS OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PRODUCTS, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF ONSHIFT OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PRODUCTS SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” Indemnity. You agree to defend, indemnify and hold harmless OnShift and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Products, including, but not limited to, any use of the Content or services other than as expressly authorized in these Terms or your use of any information obtained from the Products. Termination and Restriction of Access. In its sole discretion, OnShift may terminate or suspend your access to the Products for breach of these Terms. OnShift reserves the right to report any User found to have violated these Terms or otherwise misused the Products to the offending User’s employer. OnShift shall not be liable for any losses or damages arising from any such termination of service, or notification of any employer of misuse of the Products or violation of these Terms. Arbitration. At its sole discretion, OnShift may require you to submit any disputes arising from use of the Products, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Products, you hereby consent to submission of any dispute to be final and binding arbitration. Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Products must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cleveland, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Products. Changes to these Terms of Use. OnShift may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by OnShift. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Products after any such change is communicated shall constitute your consent to such change(s). General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OnShift as a result of these Terms or use of the Products. You may not assign these Terms without the prior written consent of OnShift in all instances. OnShift may assign these Terms, in whole or in part, at any time. OnShift’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of OnShift’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Products or information provided to or gathered by OnShift with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and OnShift with respect to the Products, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and OnShift. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Last Revised: June 1, 2020 OnShift Contact Information. Questions can be directed to OnShift at support@onshift.com. OnShift Products Privacy Policy Last Revised: September 15, 2020 OnShift, Inc. (collectively with its subsidiaries, “OnShift,” “the Company,” “we,” “us,” and “our,”) respects your privacy and is committed to protecting your privacy through our compliance with this privacy policy (the “Policy”). This Policy should be read in conjunction with our products’ Terms of Use, into which this Policy is incorporated by reference. If you are an employee of an OnShift customer company, you further agree to comply with your employer’s policies, procedures or agreements regarding the use of your personal information with our products. This Policy describes: · The types of information we collect from you or that you may provide when you use any product in the OnShift suite of products, which includes, but is not limited to OnShift Schedule, OnShift Engage, OnShift Wallet, OnShift Employ, OnShift Time, OnShift Text2Hire, OnShift Insight, OnShift Hire and OnShift’s Payroll-Based Journal reporting software (individually, the “Product,” collectively, “the Products”). · Our practices for collecting, using, maintaining, protecting, and disclosing that information. Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our Products. By using our Products, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of our Products after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. What We Collect and How We Collect It To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy. Information You Provide to Us Personal Information is any information that can be used to individually identify you from a larger group such as data including, but not limited to, your: · First and last name · Address number, city, state, zip code · Date of birth · Driver’s license · Social security number · Biometric identifiers · Biometric information · Geolocation information · Telephone number (home and mobile) · Email address · Username/login name · Password · Photo of your image or likeness In some cases, the nature of your assigned duties may require that you provide Personal Information relating to individuals other than yourself (such as other employees). Before providing any Personal Information to us, it is your responsibility to obtain the appropriate consent and authorization, to include compliance with any employer policies. In using the Products, you may provide us Personal Information when you: Request information Submit an employment application Upload a file Upload employee data pages Input hours worked Subscribe to our emails Respond to a survey Register yourself with the Products. The information that you provide in each case will vary. For example, the Products may use a device’s location services to identify your current geographical location. In some instances, you may be able to disable this feature through the services function of your device. In some cases, we may assign to you a username (“UID”) and ask that you create a password that should only be known to you. In addition, some users may have the opportunity to log into the Products using a third-party authentication system (e.g. their Facebook account). In these instances, OnShift may receive certain Personal Information, such as email addresses, from such third party directly. Important Notice About Health Information. OnShift is not a healthcare provider, payer or clearinghouse. OnShift is a business that provides commercial business-to-business software as a service (“SaaS”) applications and proactive services to solve workforce challenges in healthcare. Unless otherwise established in an agreement between OnShift and a regulated Covered Entity (i.e., a doctor, pharmacy, or insurer) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), OnShift does not collect “Protected Health Information” as defined under HIPAA. Important Notice About Consumer Information. OnShift may collect Personal Information, with your consent, to be used by OnShift’s trusted third-party partners to complete background checks as ordered by OnShift customers. OnShift is not a “consumer reporting agency” or “reseller” as those terms are defined under the Fair Credit Reporting Act (“FCRA”). OnShift does not process, assemble, or merge any Personal Information to create or modify any consumer report. Furthermore, OnShift plays no role in any eligibility determination based on the Personal Information processed as part of the background check process ordered by OnShift customers. Accordingly, the FCRA does not apply to OnShift’s processing of Personal Information as described in this Policy. Regardless, your Personal Information will be processed by OnShift in accordance with this Policy unless otherwise agreed in writing. Biometric Information Through various technology features, including but not limited to, our OnShift Time services, we may collect data that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq., and similar applicable laws. “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry. “Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. Any collection of biometric identifiers and biometric information is for the sole purpose of assisting you and your organization in verifying your start and stop times for work. In other words, our collection of biometric identifiers and biometric information assists you with “clocking in” with your organization. We will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this service to you, or as required by applicable federal, state, or local law, or required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction. We will retain any biometric identifiers or biometric information for up to three years as long as you consent to such retention and maintain an account with us. If you do not maintain an account with us, we will retain biometric identifiers or biometric information for up to three years, but we will not be able to retrieve or connect your information to your identity. We use appropriate technical, administrative, and physical safeguards to store, transmit, and protect form disclosure any biometric identifiers or biometric information collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information. Before using features that collect biometric identifiers or biometric information, you will be prompted with a copy of this policy. By accepting, you are consenting to our collection and storage of your biometric identifiers or biometric information. Automated Information Collection In addition to the information that you provide to us, we may also collect information about you during your use of the Products. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Products. Some of the tools we use to automatically collect information about you may include: (a) Cookies. A “cookie” is a small data file transmitted from a website to your computer’s hard drive. Cookies are usually defined in one of two ways, and we may use both of them: (1) session cookies, which do not stay on your computer after you close your browser, and (2) persistent cookies, which remain on your computer until you delete them or they expire. We use the following categories of cookies on in our Products. i. Strictly Necessary Cookies. These cookies are essential in order to enable you to use the Products’ feature. Without these cookies, services you have requested, such as maintaining a record of your shift schedules, cannot be provided. ii. Performance Cookies. These cookies collect anonymous information on how people use our Products to help us understand how you use our Products and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established. iii. Functionality Cookies. These cookies remember choices you make such as the country from which you use our Products, your screen layout preferences, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your use of our Products more tailored to your preferences. The information in these cookies may be anonymized. These cookies cannot track your browsing activity on other websites. iv. Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third-party advertising networks. These cookies remember the websites you visit and that information is shared with other parties such as advertisers. One such trusted third-party partner is HotJar. The Products send aggregated, non-Personal Information to HotJar for the purpose of providing us with the ability to conduct technical and statistical analysis on the Products’ performances and better understand how our users interact with our Products. Another trusted third-party partner is Google Analytics. The Products send aggregated, non-Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis of the Products’ performances. For more information on how Google Analytics supports our Products and uses information sent from the Products, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites. Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Products’ features or lose access to some functionality. (b) Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns. (c) Third-party Websites and Services. We work with a number of service providers of marketing communications technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide. The information collected can be gathered through our Products and also on the websites where our marketing communications are appearing. For example, OnShift sends metadata identifying individual users to Pendo.io, Inc. for detailed usage tracking and marketing analysis. Your Choices and Selecting Your Privacy Preferences We want to provide you with relevant information that you have requested. If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Any transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing. We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information. You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. Any such communications you receive from us will be administered in accordance with your preferences and this Policy. Accuracy and Access to Your Personal Information We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing. Where we can provide you access to your Personal Information in our possession, we will always ask you for a username or UID and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it. To view and change the Personal Information that you have provided to us, you can log in to your account and follow the provided instructions, or contact us directly for assistance. Information of Minors We do not intentionally seek to gather information from individuals under the age of sixteen (16). We do not target any of our Products to minors, and would not expect them to be engaging with our Products or services. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our Products and supporting systems. How We Use Your Information The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to: · Assisting you with items such as personalized experiences, facilitation of Product usage, and enforcement of Terms of Use. · Identify the results of your responses to polls and surveys. · Preventing malicious activity and providing you with a secure experience. · Providing service and support for services you request. · Providing marketing communications that are effective and optimized for you. · Keeping you up-to-date with the latest benefits available from us. · Preventing unwanted messages or content. · Measuring the performance of our marketing programs. · Contacting you about services and offers that are relevant to you. Consent to Receive Text Messages from OnShift In providing your mobile device or cell phone number, you consent to receive text messages from OnShift in order to facilitate any services offered through our Products, including, but not limited to, engagement and communication with employees to schedule shifts. You also consent to receive phone calls or pre-recorded messages, including those from automated dialing systems at the mobile device number you provide. You consent to the use of your mobile device number(s) by OnShift and its affiliates in accordance with this Privacy Policy and our Terms of Use. You agree you have the authority and permission to consent to receive such text messages for all mobile device numbers associated with your account in any of our Products. You further acknowledge that no purchase is required to opt into this messaging service, and you may opt out at any time by following instructions from OnShift and its affiliates in any message you receive and as described in the Privacy Policy. To discontinue receiving SMS messages from OnShift at any time, reply STOP or text STOP to 79245 in the United States or 79246 in Canada or call 216.333.1353 or toll-free 800.385.1494. For help, reply HELP or text HELP to 79245 in the United States or 79246 in Canada. How We Share Your Information We do not sell or lease your information to any third party. We may disclose your Personal Information to our trusted third-party business partners in accordance with this Policy. We may also share your information with your employer if the employer is a contracted customer of OnShift. We also work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us. For example, when you participate in polls and surveys, we may share the information that you provide with Pendo.io and Hotjar to analyze your responses and aggregate them based on your role or your building location. We will share your Personal Information with these third parties in order to fulfill the service that they provide to us. These third-party partners are under contract to keep your Personal Information secure and not to use it for any reason other than to fulfill the service we have requested from them. For example, one of our trusted third-party partners is PayActiv, which performs some banking services. However, none of the banking information provided to PayActiv is stored or processed by OnShift. Likewise, if you provide your credit card information to purchase certain services from the Products, OnShift will not store or process that information. Instead, any credit card information collected through the Products will be stored and processed by a trusted third-party and PCI-DSS compliance vendor, such as Braintree, a division of PayPal, Inc. Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances: · Responding to duly authorized information requests from law enforcement or other governmental authorities. · Complying with any law, regulations, subpoena, or court order. · Investigating and helping prevent security threats, fraud, or other malicious activity. · Enforcing or protecting the rights and properties of OnShift or its subsidiaries. · Protecting the rights or personal safety of OnShift’s employees. There are circumstances where OnShift may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, OnShift will ensure your information is used in accordance with this Policy. Your California Rights Pursuant to California Civil Code Section § 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent. Other than as disclosed in this Policy, the Products do not track users over time and across third-party websites to provide targeted advertising. Therefore, the Products do not operate any differently if it receives Do Not Track (“DNT”) signals from your internet web browser or device. With respect to its Products, the extent to which OnShift is governed by the California Consumer Privacy Act of 2018 (“CCPA”) may be dictated by whether OnShift operates as a “Service Provider” as defined under CCPA. To the extent that OnShift is recognized as a Service Provider, it will abide by the terms of the written contract between OnShift and any applicable “business,” such as an employer or other OnShift customer. If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law. Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity. Access. You may email us at privacy@onshift.com to request a copy of the Personal Information our Product databases currently contain. Prohibit Data Sharing. When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to privacy@onshift.com. In your email, please explain how you wish us to prohibit the sharing of your Personal Information, and which categories of third parties you want to prohibit from receiving your Personal Information. When such prohibitions are not possible to provide our services to you, we will advise you accordingly. You can then choose to exercise any other rights under this Policy. Portability. Upon request and when possible, we can provide you with copies of your Personal Information. You may submit a request via email to privacy@onshift.com. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy. Deletion. If you should wish to cease use of our Products and have your Personal Information deleted from our Products, then you may submit a request by emailing us at privacy@onshift.com. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties. We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information. In addition to the email address provided above, you may also submit requests at the following toll-free telephone number: 1-800-385-1494. In addition, if a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action. Third-party Websites This Policy does not apply to websites or other domains that are maintained or operated by third parties or our affiliates. Our Products may link to third-party websites and services, but these links are not endorsements of these sites, and this Policy does not extend to them. Because this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or site and providing any information. For Users Outside of the United States We do not warrant or represent this Policy or the Products’ use of your Personal Information complies with the laws of any jurisdiction. Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours. Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy. For Product Users in the European Union (“EU”) Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR. For the purposes of this Policy, Company operates as a data controller. Any personal data we collect from you is processed in the United States and under the terms of this Policy. Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing. You may always withdraw your consent to our use of your personal data as described below. We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below. The Data Controllers are: NAME: OnShift, Inc. ADDRESS: 1621 Euclid Avenue, Cleveland, OH 44115 EMAIL ADDRESS: privacy@onshift.com You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below: · Access. You may email us at privacy@onshift.com to request a copy of the personal data our Product databases currently contain. · Automated Processing and Decision-Making. You may email us at privacy@onshift.com to request that we stop using your personal data for automated processing, such as profiling. In your email, please explain how you wish us to restrict automated processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. · Correction or Rectification. You can correct what personal data our Product database currently contains by accessing your account directly, or by emailing us at privacy@onshift.com to request that we correct or rectify any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties. · Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to privacy@onshift.com. In your email, please explain how you wish us to restrict processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties. · Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to privacy@onshift.com. When such objections are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties. · Portability. Upon request and when possible, we can provide you with copies of your personal data. You may submit a request via email to privacy@onshift.com. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent. Where applicable, we will ensure such changes are shared with any trusted third parties. · Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through the Products by notifying us via email at privacy@onshift.com. Using the same email address associated with your Product account, simply type the words “WITHDRAW CONSENT” in the subject line of your email. Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data. Where applicable, we will ensure such changes are shared with trusted third parties. · Erasure. If you should wish to cease use of our Products and have your personal data deleted from our Products, then you may submit a request by emailing us at privacy@onshift.com. Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties. · Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country. Safeguarding the Information We Collect We take reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also immediately notify us of any unauthorized use of your credentials or Personal Information. Changes to this Policy If we make any changes to this Policy, a revised Policy will be posted on this screen and the date of the change will be reported in the “Last Revised” block above. You can get to this screen from any of our Products by clicking on the “Privacy Policy” link (usually at the bottom of the screen). How to Contact Us We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at privacy@onshift.com.