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Privacy Policy

Effective Date: March 15, 2023

theEMPLOYEEapp("theEMPLOYEEapp", "us", or "we" ) is committed to providing transparency to its customers and users with respect to its practices in handling their personal information. To that end, this Privacy Policy describes how we collect, use and disclose personal information and how this personal information can be consulted and corrected when necessary.

By visiting the website ("Website"), downloading the associated mobile application ("App") or using associated services (collectively "Services"), by contacting us or agreeing to receive emails from us, you accept the terms and conditions of this Privacy Policy.

This Privacy Policy does not extend to websites or services operated by third parties. We are therefore not liable for their privacy policies, procedures and practices regarding the protection of personal information.

This Privacy Policy is incorporated into, and is subject to our Software as a Service Agreement ("Agreement")

1. What Is Our Relationship With Your Employer?

We have entered into an agreement with your employer to grant you access to the App and the Services ("Agreement"). We will process your Personal Information on behalf of your employer and in accordance with its lawful instructions. The information you provide to us and/or upload via the App (whether or not it constitutes Personal Information) will also be governed by the Agreement.

References in this Privacy Policy to "your employer" shall refer to the entity who has entered into the Agreement with us, whether or not as a matter of law you are an employee, consultant or contractor of that entity, and such references are not intended to characterize or prejudice your status vis-à-vis that entity.

2. What Information Do We Collect?

The types of personal and other information we may collect about you are primarily from the following sources: (a) information you provide; (b) information provided by your employer; (c) information collected via the App; d) information collected via our SMS service and (e) information automatically collected. The legal bases for our processing of Personal Information are primarily that the processing is necessary for providing the Services and that the processing is carried out in our legitimate interests, which are further explained in the "How Do We Use Your Information?" section. We may also process Personal Information upon your consent, asking for it as appropriate.

a) Information You Provide

When you access the Services, we may ask you to voluntarily provide us certain information that personally identifies you or could be used to personally identify you ("Personal Information"). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your office address, e-mail address and phone number); (2) demographic data (such as your postal code); (3) professional information (such as your company name, your function and your employee ID); and (4) other identifying information that you voluntarily choose to provide to us and/or required by your employer, including without limitation unique identifiers such as passwords, photos, or Personal Information in emails or letters that you send to us. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent. If you choose to withhold any Personal Information, requested by us, it may not be possible for you to gain access to certain parts of the Service.

b) Information Provided by your Employer

Your employer may give us information about you: (1) when creating a user profile for you in order to enable you to access the App under the Agreement or to enable us to provide our Services including text messaging. This information may include your name, email address, telephone or mobile phone number, job title,department; (2) otherwise in the course of your employer's use of the App.

c) Information Collected via the App

When performing certain actions within this app, you may be prompted to give access to the following. You may opt out of each action.

  1. Identity
  2. Calendar
  3. Photos/Media/Files
  4. Microphone
  5. Wifi connection
  6. Device ID

The access would be required for the following actions within the App:

d) information collected via our SMS service

To utilize our SMS you may be prompted to provide: your mobile phone number and your texting preferences (opt-ins and opt-outs). Your employer uses this information to manage our text messaging program, including to send you text messages. Your wireless carrier may collect data about your wireless device usage, and its practices are governed by its own policies.

e) Information Automatically Collected

For purposes of analytics, our platform may also have access to device information such as device type, version, operating system, and browser type and version (if applicable) as well as information regarding your use of the Services.

We may also obtain information from third parties, including Google Analytics, and combine that with information we collect.

3. How Do We Use Your Information?

We take steps designed to ensure that only the employees who need access to your Personal Information to fulfill their employment duties will have access to it.

We use the information that we collect in a variety of ways in providing the Services and operating our business, including:

4. With Whom Do We Share Your Information?

In certain circumstances, and in order to perform the Services, we may disclose certain information that we collect from you:

When we disclose your Personal Information to third parties, we take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with and these third parties provide sufficient guarantees to implement appropriate technical and organizational measures.

We may finally make certain automatically-collected, aggregated, or otherwise non-personally identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding your interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Services.

5. How Do We Store Your Information?

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By visiting the Website, downloading the App or using the Services, you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than in your country.

However, our practices regarding your Personal Information will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with the General Data Protection Regulation ("GDPR") requirements providing adequate protection for the transfer of Personal Information from the EU/EEA to a third country.

We have implemented various physical, administrative and technical safeguards designed to protect the confidentiality and security of Personal Information under our control. However, no security measures are absolute or wholly guaranteed and you must be aware that there is always a certain level of risk that the Personal Information you provide to us will be disclosed without your consent and without fault on the part of theEMPLOYEEapp.. If you believe your Personal Information has been compromised, please contact us as set forth in the "Contact Us" section. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

We will only keep your Personal Information for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Policy and in order to comply with our legal and regulatory obligations.

6. Rights Regarding Your Personal Information

We acknowledge that you have the right to access and correct your Personal Information, in accordance with applicable law, or additional rights under the GDPR. We collect information under the direction of your employer, and have no direct relationship with you. If you would no longer like to be contacted by your employer and/or would like to access or correct your Personal Information, please contact your employer that you interact with directly.

7. Children's Privacy

The Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Services at any time or in any manner. If we learn that Personal Information has been collected via the Services from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has provided Personal Information, then you may alert us as set forth in the "Contact Us" section and request that we delete that child's Personal Information from our systems.

8. Update

We will update this Privacy Policy from time to time to reflect changes to our practices, technologies, legal requirements and other factors. Please check the "Effective Date" at the top of this page to see when this Privacy Policy was last updated. When changes are made to this Privacy Policy, they will become immediately effective when published in an updated Privacy Policy posted on this page unless otherwise noted. Your use of the Services following these changes indicates your consent to the practices described in the updated Privacy Policy.

9. Contact Us

If you have any questions or comments about this Privacy Policy or your Personal Information, to exercise any applicable rights, to make a complaint, or to obtain information about our policies and practices our Privacy Officer can be reached by mail or email using the following contact information:

Privacy Officer
theEMPLOYEEapp, LLC
3636 Nobel Dr Ste 130
San Diego, CA 92122
customercare@theemployeeapp.com