Effective Date: January 2012
1. The Information We Collect
When you register for the Company service (the "Service") on the Company website (the "Website"), by e-mail, by text message, or in person, you will be required to provide personal information, which may include, but is not limited to, your full name, postal address, e-mail address, cellular telephone number, username, password, and job preferences all of which is necessary in order for us to process your registration and establish your account with us. In addition, we may ask you to provide your job related preferences and interests and other information to set up your profile from which you can be identified by potential employers. Your profile information will enable us to match you with potential employers thus allowing you to participate in the Service. The information described above is information that you specifically provide. Other information that you specifically provide includes, but is not limited to, the content of emails, text messages, letters, phone calls, and comments you send, place, or post to the Company, our employees, agents, affiliates, or representatives, through our Service or on our Website. We expect you to provide accurate information to the best of your ability. However, we do not seek to collect through our Service or on our Website any "Sensitive Personal Information" such as personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, and trade-union membership or that concerns a person’s health. Please do not submit any such information.
In addition to your personal and profile information described above, we may collect information automatically regarding your use of the Website and/or Service. This information, includes but is not limited to, your IP address (i.e., a number that is assigned to your computer whenever you connect to the internet), the type of browser that you use (e.g., Chrome, Firefox, Internet Explorer, Netscape), the type of operating system that you use (e.g., Windows or Mac OS), the domain name of your internet service provider (e.g., America Online, Earthlink), your location, the type of cellular telephone you use (e.g., iPhone, Blackberry, Nokia) and your cellular service provider (e.g., AT&T, Verizon). We may also collect and use aggregate information and statistics (e.g., data that describe the demographics, usage and/or characteristics of our users as a group). These statistics will not include information that can be used to identify any individual. If you opt into the Location Based Information ("LBI") service, we may obtain your personally identifiable location information - which includes longitude, latitude, and radius - from your mobile phone for the purpose of determining either:
(1) Your proximity to a previously scheduled job site; OR
(2) Your proximity to a future potential job site.
Company may obtain your personally identifiable location information up to 60 times in any given month.
2. How we use the information we collect
a. General grant of permission to use information in lawful ways
By registering for the Service or using the Website, you understand, acknowledge and agree that for various purposes we may use and share your personal information, without further notice to or consent (either opt-in or opt-out) from you. In general, the Company uses personal information it collects to pursue our mission and operations, including the management of our Website and related activities. You should assume that the Company will use all information for all lawful purposes.
We reserve the right, but do not undertake a duty, to notify you of court orders, subpoenas or other legal process if allowed. If you do not want us to respond to legal process compelling us to disclose your information, you need to seek a valid order permitting us to refuse to disclose it and serve the order on us at least 3 business days before the response deadline.
We reserve the right to use, disclose, retain, share, sell and otherwise deal with all information collected via the Website or the Service or provided to us in our operations, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion we may:
* Disclose information to service providers and others in order to deal with requests and questions from you; to personalize or enhance transactions; to verify, process, store, enforce, investigate and/or collect actual or potential transactions; and to assist or respond to our consultants (including auditors and lenders);
* Disclose information as authorized by you or consented to by you or your legal representative;
* Disclose information to government regulators, law enforcement authorities or alleged victims of identity theft, including voluntary disclosures;
* Disclose information to law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise relating to the Service and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.
b. Information use and disclosure subject to opt-out
As outlined below, you may opt-out of certain communications and services that we provide:
(1) We may provide you with information about special or new features of our Website, Service or any other services, products or offers from us which we think may be of interest to you; if you would rather not receive this information, please send an e-mail message to your local Company branch or representative or text "Help" to 27697;
(2) We may provide you with information regarding third party products, services or offers which we think may be of interest to you; if you would rather not receive this information, please send an e-mail to your local Company branch or representative or text "Help" to 27697; and
(3) We may provide your information to carefully selected third parties whose products or services we believe may be of interest to you, so that they may contact you directly with information and offers about their products or services. If you do not wish us to disclose your information in this way, please send an e-mail to your local Company branch or representative or text "Help" to 27697.
(4) Opt-Out Of LBI: At any time, and for any reason, you may immediately cancel our ability to obtain your LBI by any of the following methods:
(1) Sending, via SMS (text message) the word "LOCOFF" to our short code (27697), in which case you will receive an auto-reply SMS (text message) from us confirming such cancellation, OR
(2) Sending, via e-mail to your Company branch or representative, a written notice of cancellation, in which case you will receive an e-mail response from us confirming such cancellation, OR
(3) Calling you local Company branch or representative to indicate your intention to cancel, in which case you will receive a voice response from us confirming such cancellation.
c. Special consent to contact you by telephone, voice, and text
By providing your cellular phone number through our Website, by e-mail, postal mail, or text message, you consent expressly and in writing to have us, our representatives, employees, agents, successors, affiliates, and assigns, contact you at this phone number through voice and text message, knowing that you are solely responsible for cellular service charges.
You acknowledge and agree that the Service you seek to obtain from the Company may be provided in some cases through automatic telephone dialing technology, an artificial voice or pre-recorded voice. Company may limit its use of automatic telephone dialing technology or artificial or pre-recorded voice in order to comply with laws and regulations that restrict the use of such technologies. You may choose to decline Service delivered through automatic telephone dialing technology or pre-recorded or artificial voice by indicating these preferences in your account profile. Be aware that declining to receive Service through automatic telephone dialing or artificial or pre-recorded voice may limit or otherwise affect your ability to access or use certain features of the Service, including information delivered by text message. You are not required to consent to receive Service through automatic dialing technology or artificial or pre-recorded voice. Unless you specifically decline Service delivered through automatic telephone dialing or artificial or pre-recorded voice, you consent expressly and in writing to have Service delivered through these means by providing your phone number in your account profile. By providing us your phone number and not opting-out as described above, you express your willingness to receive the Service through automatic dialing technology, artificial and pre-recorded voice. By providing this information, you further agree to receive notifications from the Company, its representatives, employees, agents, successors, assigns, parent, and affiliates, through any means authorized under this Agreement, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice.
Cookies are small pieces of data stored by your browser on your computer’s hard drive for record keeping purposes.
Most web browsers automatically accept cookies. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Website or Service. Similarly, you may be able to adjust settings on your mobile device to limit the personal information it stores, and these adjustments may affect your ability to access or use certain features of the Website or Service.
4. How we protect your information
The internet and mobile phones are not secure media and no system can be considered 100% secure. We endeavor to take all reasonable steps to protect your data by taking all appropriate physical, electronic and other security measures to help safeguard personal information from unauthorized access, loss, misuse, alteration, or disclosure. However, we do not guarantee that these efforts will completely protect your information and we accept no liability for compromise of user information in the event of a breach. In the unlikely event a security breach should occur, we would endeavor to react as quickly as possible to remedy the problem. We will endeavor to notify you in accordance with applicable law in the event that the security of your personal information is breached or compromised. By registering for the Service or by using the Website, you hereby affirmatively consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by e-mail, telephone (voice or text message) or postal mail, as we deem appropriate, and as required by law.
LBI related information is transmitted via Secure Socket Layer ("SSL") technology into password protected databases. We do not retain LBI longer than is reasonably necessary to effect its purpose as set forth above and such LBI is accessible only by the Company. From time to time, we may aggregate and use your LBI for other purposes, which may include, without limitation, reporting usage and adoption of LBI, and improving our service.
We will take reasonable steps to destroy, or arrange for the destruction of, a user’s records within our custody or control containing personal information which is no longer to be retained by us, by (1) shredding, (2) erasing, or (3) otherwise modifying the personal information in such records to make it unreadable or undecipherable. See also Section 6 below.
It is your responsibility to keep your username, password and other account access information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.
5. Updating your information
It is each user’s responsibility to keep his or her information accurate, up to date and current at all times. If your information is not accurate, up to date and current, we may not be able to process your requests for information or contacts or provide Service to you effectively. To update your personal information (e.g., your e-mail address, postal address, cellular telephone number) or other profile information, you may (1) log into your account on the Website and follow the instructions, (2) send your request in writing via e-mail to your local Company branch or representative, (3) send your request in writing via postal mail to 1706 Church Street, Suite 1243, San Francisco, CA 94131 or (4) send your request by text messaging "Help" 27697.
You may also request information concerning the Personal Information relating to you that the Company holds. We will process any such requests in the ordinary course of business and pursuant to applicable law.
6. Retention and Deletion
Company will not retain Personal Information for longer than is necessary or reasonable under the circumstances to fulfill the corporate purposes for which the Personal Information was collected. Thereafter, the Personal Information will be deleted unless applicable law requires us to retain it. In addition, if you cease using the Website, or your permission to use the Website is terminated, the Company will normally delete your Personal Information in the course of our management of our information processing facilities. Company can provide no assurance that you will be able to retrieve any Personal information from our Services after you cease using the Website, or your permission to use the Website is terminated. Company may dispose of information at our discretion without notice, subject to applicable law. In lieu of deletion, the Company may use various techniques to anonymize Personal Information.
LBI related information is retained for no longer than seven (7) days and is accessible only by the service for monitoring location and triggering alerts, sending coupons, attendance or other purposes.
7. Notice to California Residents - Your California Privacy Rights
The State of California enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who are California residents to request certain information regarding the disclosure, during the past year, of personal information for marketing purposes. To make such a request, contact your local Company branch or representative by email or phone.
8. Children and Minors
The Website and Service are intended for use by persons who are 18 years of age and older. We do not allow persons under the age of 18 to use the Website and Service and will not accept any request or application submitted by an underage person. We do not knowingly collect personal information from persons under the age of 18. If we become aware or suspect that you are under the age of 18, any information you submit will be subject to our reasonable efforts to destroy such information (except as necessary for verifying your age or as required by law). No information should be submitted on the Website or via text by underage persons.
9. How to contact the Company