Privacy and IP Policy
Effective Date: May 31, 2018
Please note that “Band Of Hands”, “we”, “us” and “our” refer to the operating Sites and Services of this policy. For residents of the EU, this Policy has been updated in accordance with the requirements of EU General Data Protection Regulation (GDPR). For residents of the US, by visiting, joining, or using the Sites, or otherwise indicating that you agree to this Policy, you consent to, and authorize our use of your personal information as described in this Policy.
Provider of Services and Controlling of Information
If you live in the EU or elsewhere outside the United States, Band Of Hands is operated and provided to you by Band Of Hands Inc., a Delaware Corporation. For the purposes of EU data protection law, Band Of Hands Inc. is also your data controller.
Our legal bases for collecting, using, sharing, and otherwise processing your information:
Band Of Hands relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Policy. These legal bases include:
- as is necessary to provide the Services;
- where you have consented to the processing, which you may revoke at any time;
- for Band Of Hands to comply with a legal obligation, a court order, or to exercise and defend legal claims;
- when necessary to protect your vital interests, or those of others;
- where you have made the information manifestly public;
- where necessary in the public interest; and
- where necessary for the purposes of Band Of Hands’s or a third party’s legitimate interests, such as those of visitors, Posters, Workers, and Partners.
We process your information in furtherance of the following legitimate interests:
- Keeping the Services safe and secure: We use your information because it is necessary to pursue our Users’ legitimate interests in ensuring Band Of Hands is secure, such as implementing and enhancing security measures and protections, protecting against fraud, spam and abuse, and enforcing our Terms of Service.
- Providing, improving, and developing the Services: We use your information to provide the Services as outlined on the Sites. We do so as it is necessary to pursue our legitimate interests of providing an innovative and tailored Work Marketplace to individuals and businesses on a sustained basis.
Information We Collect
In addition to collecting information about you when you use our Sites, we may also obtain information about you from our business partners, other third parties and publicly available information. “Personal Information” refers to information that personally identifies you, such as your name, address, telephone number, email address, date of birth, credit card number, other billing information, and Profile photo. We also describe the measures we take to protect the security of your Personal Information and how you can contact us about our privacy practices. Some information is required in order to use the Sites and for us or Third Party Vendors to provide Services. Note that not all account types and features are available in all locations, so some of the examples or descriptions may not apply where you live or perform certain jobs.
The types of information we may obtain include:
- Username and password for the account you may establish on our Sites.
- Your Personal Information, if you choose to provide it or if we obtain it in the manner described above. You are not required to provide us with any Personal Information in order to perform job searches or to read the content portions of the Sites.
- Your demographic information (such as ZIP or postal code, occupation, education, experience, age, gender and race, or ethnicity). We collect this information either through the registration process, from your resume, or in the manner described above.
- Payment details (including payment card number, security code, expiration date, cardholder name, and billing address).
- Job search behavior and preferences and a record of the searches that you make on our Sites. We do this in order to present you with recommendations based on your activities on our Sites.
- Other details that you may submit to us, or that may be required by third parties for membership verifications, or that may be included in the information provided to us by third parties.
You have the option of registering to join the Service by logging into your account with a third party social networking service (such as Facebook, LinkedIn and other third party services that allow you to sign in with your existing credentials with those services) via our Service. If you choose to log in via the social networking service, we may use and collect information stored in your social media profile that you authorize us to access to create your account. Such information may include your name, email address, gender, and other information you make publicly available via the social networking service. If you contact support, you are providing us with your contact information and a description of the issue so we can respond.
As indicated above, Band Of Hands provides software applications (“Apps”) available to the public. If you decide to download one of our Apps and create an account via a social networking service, we will collect your profile information, including your social network site user ID, email address, name, city, state, social network site profile image URL, and employment history, including job titles and company names.
Information Collected from Users Automatically
When you visit our Sites or use our Apps, we may collect certain information by automated means, such as cookies and web beacons, as described in more detail below. The information we may collect by automated means includes:
- Information about the devices you use to access the Internet (such as the IP address and the device, browser, and operating system).
- Unique Device Identifier for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier.
- Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.
- A general geographic location (such as country and city) from which you access our Sites.
- Dates and times of your visits to our Sites.
- Information about your actions on our Sites (such as page views, site navigation patterns and job view or application activity).
- Search terms that you use to reach our Sites.
By using our Sites, you consent to Band Of Hands’ policies and practices concerning Cookies. You can stop cookies by changing your browser settings, but please be aware that some of Band Of Hands features or services may not function properly with cookies. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.
Cookies are data files that are downloaded to your browsing device to uniquely identify the visitor’s browser or to store information or settings in the browser. A web beacon is a small graphic used to track the online activity of Internet users. Web beacons may be invisible to the user and are placed on a website or in an email for the purpose of monitoring the behavior of the user visiting the website or receiving the email.
In addition, some hiring persons or entities (i.e., Posters as that term is defined in our Terms of Service) using our Sites may place cookies on your computer through their job postings and may use such cookies to distinguish your web browser. Such hiring persons or entities may use such information to track the effectiveness of their job postings by measuring how many users who view their postings later become job applicants.
Do Not Track
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Please note that our Sites do not respond to web browser “Do Not Track” signals. To find out more about “Do Not Track,” please visit: http://www.allaboutdnt.com.
How We Use the Information We Collect
The information we collect is principally used to (i) register, manage, and maintain your account on the Sites; (ii) provide products or services you request; and (iii) inform you of relevant job postings that may be of interest to you.
The ways in which we may use information we obtain about you also includes:
- Process and validate your transactions (including processing payment card transactions and contacting you about your transactions via email or telephone).
- Maintain a record of the jobs you view or apply to on our Sites.
- Inform you of relevant job postings that may be of interest to you.
- Provide administrative notices or communications applicable to your use of the Sites.
- Contact you and deliver information to you that, in some cases, is targeted to your interests (such as career development opportunities, or other relevant services); enable you to communicate with us through our blogs, social networks, and other interactive media; and solicit your feedback and input. These communications will include links for preference management and unsubscribe links if you decide you do not want to receive further communications from us.
- Operate, evaluate, and improve our business and the products and services we offer.
- Analyze and enhance our marketing communications and strategies (including identification of when emails we have sent to you have been received and read).
- Analyze trends and statistics regarding visitors’ use of our Sites, mobile applications, and social media.
- Respond to your questions and comments and provide customer support.
- Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
- Enforce our Terms of Service agreement.
- Comply with applicable legal requirements, industry standards, and our policies.
- Use information to provide and improve advertisements and other commercial offerings.
- Measure whether an advertisement was interesting and effective.
We also use non-personally identifiable information and certain technical information about your computer and your access of the Sites (including your IP address) in order to operate, maintain, and manage the Sites. We collect this information by automated means, such as cookies and web beacons, as described in more detail herein.
If we seek to use the information we obtain about you in other ways, we will provide specific notice and request your consent at the time of collection of such information.
Information We Share
We may collect aggregate information from data that you have provided to us via your use of the Sites and/or public records such as demographics including age, occupation, gender, salary information, and labor statistics in order to analyze trends, administer the Sites, track users’ movements, and gather broad demographic information for aggregate use. We may share this aggregate information with third parties, such as service providers, affiliates, and partners where it is necessary to provide the Services and perform under the Terms of Service. This may include for various reasons related efforts for our business to assist them in targeting advertisements to appropriate audiences. When posting jobs and resumes, our users decide how much contact information to display. Unless you decide to publicly post your Personal Information in our resume database, or in response to a job application or job posting or otherwise provide permission to share it, we do not sell your Personal Information to anyone for any reason.
Service Providers. We share Personal Information with third party companies and individuals to help us operate, provide, improve, customize, support and facilitate the Services on our behalf, including for the processing of payments by our payment service provider, Stripe (See https://stripe.com/ for additional information, including Stripe’s policies and procedures). Another third party company that you may choose to utilize is Checkr, who provides the optional Background Screenings that you may purchase on the Sites. (See https:checkr.com/ for additional information, including Checkr policies and procedures.) An additional third party company that will be receiving shared information is the Independent Contractors Benefits Association (ICBA), which all Workers pay a small portion of their hourly job price to become members. (See https:icbassn.org) These service providers may only use or disclose the information as necessary to perform services either on our behalf, as you request and pay for their services, or as otherwise required by law.
We may retain your information in our server logs, our databases, and our records for as long as necessary in light of the purposes set out in this Policy, subject to any legal obligations to further retain such information. We may retain your verification-related information for a reasonable period of time (even if you do not complete all verification steps) to assist with future verifications and to prevent abuse of our verification processes. If you decide not to verify the account and would like us to delete the verification information you provided, contact us.
Legal and Business Purposes. Band Of Hands may disclose specific user information when we determine, in good faith, that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement, to prevent a crime or protect national security, or to protect the interests or safety of Band Of Hands or other users of the Sites.
Assignment or Change in Ownership. In addition, Personal Information we have collected may be passed on to a third party in the event of a transfer of ownership or assets, a bankruptcy, or corporate reorganization of Band Of Hands.
Your Choices and Opting Out Regarding Communications from Band Of Hands
You may choose which types of communications Band Of Hands sends you through your Account. If you change your mind about receiving marketing communications from us, you have the option of opting-out from receiving those communications. However, Band Of Hands reserves the right to send you communications relating to your account or use of our Services. If you receive text messages from Band Of Hands, you may opt-out at any time from receiving text messages by replying “STOP.” If you use Band Of Hands’ mobile application, you may choose to receive push notifications. You may modify your notification preferences in your mobile device settings.
Updating or Closing Your Account
You may access, update, delete, and amend Personal Information included in your online account at any time by logging into your account and making the necessary changes. However, if you wish to delete all of the information you have provided to us, you must first access and close your account. Please note that your Personal Information may remain in our archives and your information may persist internally or for our administrative purposes.
Security and Protecting Your Information
Band Of Hands uses commercially reasonable standards, including the appropriate technical and organizational security measures, to protect your Personal Information against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. While we endeavor to protect your Personal Information, Band Of Hands cannot ensure and does not warrant the security of any information you transmit to us. As a user of the Sites, you understand and agree that you assume all responsibility and risk for your use of the Sites and the Internet generally, the documents you post or access, and for your conduct on and off the Sites.
If you live outside the United States, we transfer personal data outside the EU in accordance with EU data protection law, including where it is necessary to provide the Services and perform under the Terms of Service Agreement.
Standard contractual clauses. We may use a legal mechanism known as “standard contractual clauses” to protect information transferred outside the EU. Standard contractual clauses refer to contracts between companies transferring personal information that contain standard commitments approved by the EU Commission protecting the privacy and security of the information transferred. To request a copy of the clauses, please email us at firstname.lastname@example.org
Privacy Shield. We may also rely on the EU-US Privacy Shield where we transfer your information to the United States, such as to certain of our third party service providers, where such recipients are certified to receive your information under the Privacy Shield Program.
By being a User of the Sites, you understand that we may transfer and store your data outside your home country, including to and in the US, as described in this Policy. The privacy protections and the rights of authorities to access your personal information in some of these countries may not be the same as in your home country. Band Of Hands will only transfer personal data as permitted by law, and will take steps intended to ensure appropriate protection of your personal information. If you have questions, please contact us.
Links to Other Websites
Our Sites may contain links to other websites that are owned or operated by third parties. We do not exercise control over third party websites. We encourage you to review the privacy policies and procedures of the third party websites you visit as we are not responsible for the content or privacy practices of third party websites.
You benefit from a number of rights in relation to your information that we process. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe some of these rights below. In certain cases, such as for access to, rectification or deletion of your information, please be sure to read the options you have under the ‘Your Choices’ section above.
Access and porting. You can access most of your Band Of Hands information by logging into your account. For Users of the Sites outside the U.S., if you require additional access, email us at email@example.com to request a copy of your information. Where legally required, we will provide your information in an easily accessible format and assist in transferring some of this information to third parties.
Rectify, restrict, limit, delete. You can also rectify, restrict, limit, or delete much of your information on the Sites by logging into your account. If you cannot do this or you do not have an account, please contact us. As described above in ‘Your Choices’, you have a number of options to rectify, restrict, limit, or delete your information, including your Band Of Hands account.
Object. If we process your information based on our legitimate interests explained above, or in the public interest and you are an EU account, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing, you can always object by using the unsubscribe link in such communications, change your account settings or, if you do not have an account, by contacting us.
Complain. If you are an EU account and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Your California Privacy Rights (For California Residents)
California law permits its residents to request and receive, once per year, information about a business’ disclosure of certain categories of personal information to third parties for direct marketing purposes. If you are a California resident, you can request a copy of this information from Band Of Hands by sending an email to firstname.lastname@example.org with the subject line “Your California Privacy Rights,” and include your name and email address in the email request.
Our Service is intended for users 18 years and older. We do not knowingly collect Personal Information from anyone younger than 18 years of age. If we become aware that a child younger than 18 years has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than 18 years and believe that Band Of Hands has collected Personal Information from your child, please contact us at: email@example.com.
INTELLECTUAL PROPERTY POLICY
This Intellectual Property Policy (“IP Policy”) forms a part of Band Of Hands, Inc. (“Band Of Hands”) Terms of Service Agreement (“Terms of Service”). This IP Policy sets out additional information regarding Band Of Hands’ policies and procedures relating to intellectual property matter on the BandofHands.com website, and any web, mobile services, or application (collectively, the “Sites”) with respect to the job search and hiring services (the “Services”) offered through Band Of Hands. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by others) is owned by or licensed to us. For purposes of this IP Policy, “Content” is defined as information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another User (as the term User is defined in the Terms of Service).
- Whilst you are in compliance with the Terms of Service, we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and use our Services (but not the related object and source code) and to use our intellectual property during the ordinary course and scope of the Services for your own personal private use, in each case provided that such use is in accordance with the Terms of Service. You agree not to use our Services for anything else.
- You must not copy, distribute, make available to the public, or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. In particular, and without limiting the application of the foregoing, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, whether on a free of charge basis or otherwise.
- By submitting Content via our Services you:
(a) are representing that you are fully entitled to do so;
(b) grant us and our group companies the right to edit, adapt, publish, and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
(c) acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
(d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
- You must not copy, distribute, make available to the public, or create any derivative work from any Content belonging to any other User of our Services. If you believe that your intellectual property rights have been infringed by someone else through or as a result of our Services, you may contact us by emailing the following information to firstname.lastname@example.org:
(a) a description of the intellectual property rights and an explanation as to how they have been infringed;
(b) a description of where the infringing material is located;
(c) your address, phone number, and email address;
(d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
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