Tend has created a suite of web, desktop, and mobile device-based software applications (the “Platform” or the “Site”) designed to provide a proprietary online marketplace in hospitality staffing – connecting qualified hospitality workers with hospitality establishments and employers in need of hospitality labor (“Services”). Unless subsequently renamed or changed, the Platform may be accessed at www.hiretend.com.
Tend collects information to create the best matches for our primary groups of users: (i) individual employees and independent contractors who use the Platform in connection with their employment or affiliation with Tend or with Employer Users, and to otherwise participate in the Services (“Registered Workers” or “Tenders”), and (ii) Employer Users who use the Platform in connection with securing the services of Registered Workers, and to otherwise participate in the Services (“Registered Employers” or “Clients”). Registered Workers and Registered Employers who are registered with the Platform and have active accounts (“Registered Accounts”) are collectively referred to as Registered Users (“Registered Users” or “you” or “user”). The terms “Tend,” “we,” “our” and “us” refer to Delaware Tender Staffing LLC, our parents, subsidiaries, affiliates, as well as our contractors, subcontractors and vendors who may be performing work on our behalf. The information we gather is used to help Tenders and Clients find the right match for the right job, in either temporary or permanent placement.
1. GENERAL PROVISIONS
1.2 PII and PI may also include information you provide in connection with a payment or banking service (“Payment Service”), or which may have been gathered by a payment or banking service, offered as a convenience to you in association with the Services, whereby you can maintain your credit card or bank account information (each a “Payment Account”) securely with us in connection with your Registered Account. Such information may also include, depending on whether it can be reasonably linked to your other PI or used to identify you, your IP address, MAC address, device-specific information (including hardware information about any device you are using to access or use the Services, such as your UDID or hardware model information), device type, unique device identifiers, advertising identifiers, serial numbers, mobile network information, file names and versions, preferred languages, operating system information (including your operating system version), browser type, location information, user preferences, dates and times of use of the Services, browsing activity and browsing history, and features you have used (collectively, “Usage Data”). PII and PI also include certain combinations of such information that meets the applicable statutory or other legal definition of “Personally Identifiable Information” or “Personal Information” for purposes of breach notification (such information, “Statutory PII”).
1.3 By registering and creating a Registered Account or using the Services in a way in which you disclose your PI or PII, you consent to and authorize us to receive, view, display, use, disclose, transmit and maintain such PI or PII on your behalf in connection with providing the Services to you. You acknowledge and agree that such PI and PII may be transferred from your current location to our offices and servers and the authorized third parties referred to herein.
2. INFORMATION COLLECTED THAT YOU SUBMIT
2.1. Tend Services aim to match Registered Employers with prospective Registered Workers who are suitable for any given job. The information we collect from you is intended to support suitability, matching and ultimate employment. For example, if a Client posts a job or creates a related Registered Account, we may collect the Client’s name, email address and other PI related to the Client. Similarly, if you are a Tender, we may collect your name, email address, home address, related information, and other PI submitted as part of the registration or application submission process or “gig-matching” process (including your resume, name and contact information for your References and related data pertinent to using the Services).
2.2 Specifically, Tend collects and maintains information about you (including PI) that you choose to provide and submit to us in connection with your use of our Services, including information submitted when you (a) create or update your Registered Account (Tender or Client profile), with your name, email, social security number, mobile device number, phone number, username/ password, address, payment or banking information, government identification numbers, birth date and photographs, (b) request certain services or features through the Services (such as through our mobile applications or websites), (c) contact Tend, other Tenders, References or Clients), (d) work at or post any job, (d) complete surveys sent to you by Tend or on behalf of Tend and (e) enable features that allows Tend access to your address book or calendar.
3. INFORMATION GENERATED AND COLLECTED WHEN TEND SERVICES ARE USED
3.1 Tend collects and maintains certain items of information that is generated through the usage of the Tend Services. This information is collected in addition to the information you may provide to us.
3.2 Information generated through system usage includes:
(a) Location Information: Depending on the Services used and mobile application settings or device permissions, Tend may collect location information as provided by GPS, IP address and/or Wi-Fi data. Location information is collected when the mobile application is running in the foreground (mobile application open and on-screen) of a device or when the mobile application is running in the background of a device if the collection mode is enabled through the application settings or device permissions. You may use the mobile application without enabling Tend to collect your location information. However, this may affect the functionality of the mobile application and you may not be able to use all features of the Services. For example, to be considered for jobs or to work gigs offered through our Services, you must enable Tend to collect your location information so that we can ensure you show up to interviews or gigs on time.
(b) Transaction Information: Tend collects transaction details and information related to your use of the Services, including the types of Services you requested or provided (such as work or job requests), dates, times and durations of jobs or services engagements, engagement fees, and other related transaction details and information.
(d) Device Information: Tend may collect information about the devices you use to access our Services, including any related Usage Data.
(e) Log Information: When you interact with our Services, we collect server logs, which may include Usage Data and information like device IP addresses, access dates and times, application features or pages viewed, application crashes and other system activity, browser type, and the third-party site or service you were using before interacting with our Services.
(f) Calls and Text Messages: In addition to our Communications with Clients and Tenders, we enable users to communicate with each other directly through communications initiated by them through the Services. For example, we enable Clients and Tenders to contact one another directly through the Services. In these circumstances, Tend receives certain information regarding such calls or texts, including the date and time of the applicable call or text, and the written content of the text messages. Tend may use this information for customer support services (including resolution of disputes between users), for health, safety and security purposes, and for analytics. By using the Tend system to directly communicate to others, you consent to Tend’s receipt and usage of this information and waive all privacy rights associated with these communications.
(g) Communications to You: In order to provide quality Services to you, Tend may communicate with you with Communications or through its Alert Service, which includes contacting or messaging you by telephone, email, short message service or text message. These communications may be kept and/or stored by Tend. Additionally, Tend and its partners and affiliates may contact you at any telephone number(s) you provide in connection with your use of the Services. By providing your contact information, you consent to receive Communications (including Communications containing an artificial voice or prerecorded message or made using an automatic telephone dialing system) from us, our affiliates and partners, and from any Client from which you are seeking a temporary job (including a gig) or permanent job, at any of the contact information you provided, including your wireless number. Your consent extends to receipt of these communications even if any number you have is registered on a corporate, state, or federal do-not-call registry.
4. INFORMATION GENERATED AND COLLECTED FROM OTHER SOURCES
4.1 Tend collects and maintains certain items of information that is generated from other sources. This information is collected in addition to the information you may provide to us and information that is provided to Tend through usage of our system.
4.2 Information generated through system usage includes (a) users providing feedback, ratings, reviews, references or compliments, (b) Tend’s third-party business partners through which you create or access your Registered Account, such as payment providers, social media services, or applications or websites who use Tend’s APIs or whose APIs Tend uses, (c) publicly available sources and (d) marketing service providers. Tend may combine and keep the information collected from these sources with other information in its possession.
5. DISCLOSURE AND USE OF PERSONAL INFORMATION
5.1. Your use of the Tend system authorizes Tend to use your Personal Information for a variety of purposes, including to provide, enhance, personalize, maintain and improve our Services.
5.2. There are a number of ways that Tend may properly use your Personal Information. For example, Tend may (a) contact you, match Clients with Tenders and process or facilitate payments related to the Services, (b) facilitate the provision of, or receipt of, references, (c) enable communications between our users, including communications between Clients and Tenders, (d) assist you when you contact us for support, and direct your questions to the appropriate Tend support representative so that Tend may investigate, address your concerns, monitor and improve our support responses, (e) notify you of any changes to our Services and communicate with you about products, services, promotions, studies, surveys, news, updates and events, (f) conduct testing, research, analysis and product development to improve and enhance the safety and security of our Services, (g) solicit feedback and input about our Services and resolve disputes among users, (h) enable features that allow you to share information with other users, such as when you submit a review, rating or reference, (i) conduct contests and sweepstakes, fulfill any related awards and publish relevant ads and content about our Services and those of our business partners, (j) enable features to personalize your Registered Account, including your profile, (k) perform internal operations necessary to provide our Services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing and research, and to monitor and analyze usage and activity trends, and (l) investigate, report to authorities on any issues of health, safety or security, address claims and/or disputes relating to your use of the Services, or use in any other manner as otherwise allowed by applicable law.
5.4 Tend may disclose Personal Information to third-parties in a manner that does not identify a particular individual, i.e., anonymized data. For example, and not by way of limitation, Tend may disclose aggregated and/or anonymized Personal Information (i.e., Non-Personal Information) to marketing and research partners and/or for advertising, marketing and promotional purposes. In addition, we may identify job posting organizations in our Services and in our advertising, marketing and promotional materials.
6. OTHER AUTHORIZED DISCLOSURES
6.3 Any information shared by you with us may be shared with or transferred to any entity affiliated with us or any of our third-party providers (including those located outside the United States or the European Union), no matter where located, for the purpose of providing you Services and improving the Services. By using the Services, you consent to this transfer and acknowledge that the Services provided to you and the functionality of the Services could not be provided without such a transfer. If you do not wish your information to be transferred in this way, do not use the Services.
7.1 Tend and its service providers employ certain procedural and technological security measures that are reasonably designed to help protect your Personal Information from loss, unauthorized access, disclosure, alteration or destruction. However, such measures, or any data transmission over the Internet or any network, cannot be guaranteed to be perfectly secure or effective. As a result, Tend does not ensure or guarantee the security of any information you transmit to us or that is submitted on your behalf, and such information is transmitted and submitted at your own risk.
7.2 You agree to keep your Personal Information private and confidential, and not to share information and materials that you receive by or through our Services with any third-party other than through the general, non-commercial methods permitted by the Services. In no event may Tenders or Clients share any information or materials with respect to their Account access and job postings with any third-party or any unauthorized persons.
8. THIRD PARTY SITES, RESOURCES, TOOLS, SERVICES AND WIDGETS; ADVERTISEMENTS, SPONSORSHIPS AND PROMOTIONS
To see how Google uses this data, go to www.google.com/policies/privacy/partners/.
8.3 Tend will not share any of your SMS messaging-related data with third-parties for any promotional or advertising purposes.
9. DATA FROM USERS OUTSIDE OF THE UNITED STATES
9.1 Although Tend Services are accessible over the Internet and therefore available worldwide, Services are intended exclusively for United States citizens and residents, and for business conducted solely in the United States. If you choose to access the Services from locations outside the United States, such conduct is at your own risk and subject to the laws of the United States, which may differ from privacy laws and regulations in your state or home country. At all times, in utilizing the Services from any location, you are also responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the United States and of the country where you are located.
9.2 Personally Identifiable Information collected through, or from, use of the Services may be stored and processed in the United States or in any other country in which Tend or its affiliates, subsidiaries, or agents maintain facilities. By using the Tend Services, you consent to any such transfer, storage and processing of information outside of your country. Users from outside the United States should not use or access the Services or disclose any information, including Personally Identifiable Information, through the Services. Individuals outside the United States who disclose any data through the Services, including Personally Identifiable Information, hereby acknowledge and consent to such data being stored in the United States or any other country, and transferred outside your country.
10. ABILITY TO ENGAGE AND ACCEPT SERVICES; TEND COMMITMENT TO CHILD PRIVACY AND NON-DISCRIMINATION
10.2 No Personally Identifiable Information (as defined in the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501) is purposefully or knowingly collected from children under the age of thirteen (13) by Tend or the Services. If you are a parent or guardian of a child under 13 years of age and believe that they disclosed information to us, please contact us by emailing us at email@example.com. If we learn that we have collected or received Personally Identifiable Information of any child under age 13 without verification of parental consent, we will exercise commercially reasonable efforts to delete this information.
11. AVAILABLE OPTIONS AND CHOICES (“OPT-IN” and “OPT-OUT”)
11.1 You always have the option to decline to provide any Personal Information to Tend and whether you decide to put Personal Information on your Tend profile is likewise your choice. With respect to your profile, please do not post or add Personal Information to your profile that you would not want to be made publicly available.
11.2 In the event you choose not to provide any Personally Identifiable Information, you may not be able to use the Services or certain aspects of the Services and Tend will not be able to provide you some of the features and functionality of the Services without certain Personal Information. You may also opt out of receiving emails and other messages from Tend by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as messages regarding service engagements or information about your Registered Account.
11.3 If you wish to access, amend or update your Personal Information or account preferences, you may do so by logging into your Registered Account and saving your changes and preferences to your Registered Account. If you have any question as to what Personal Information Tend may have with respect to your specific account, you may contact Tend at firstname.lastname@example.org. Each such modification by you will be effective upon receipt by Tend but will not change or affect any actions that Tend took in reliance upon your prior preferences, information or authorization before the modification was made.
11.5 If you choose to “opt-out” of providing Personal Information to Tend, we will not discriminate against you in any way in violation of any federal or state law. However, you understand and agree that your choice to not provide Personal Information may affect your ability to fully access and utilize the Services.
13. CALIFORNIA PRIVACY RIGHTS (APPLICABLE ONLY TO RESIDENTS OF CALIFORNIA)
13.1. California Civil Code §1798.83 permits users of our Services that are residents of California to request and obtain from us once a year, free of charge, a list of all third parties to which Tend has disclosed certain Personally Identifiable Information as defined under California law for such third parties’ direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please email us at email@example.com. In your request, please specify that you are requesting your “California Privacy Rights Notice.” Please allow thirty (30) days for a response.
13.2 The California Online Privacy Protection Act (“CalOPPA”) requires Tend to disclose how it responds to “Do Not Track” signals set in a user’s web browser. Please note that the Services do not interpret or respond to "Do Not Track" signals. However, you may set your web browsers to not accept new cookies or web beacons, to notify you when you receive a new cookie, or to disable cookies altogether. Please note that if you decide to not accept new cookies or web beacons, or to have your device or web browser notify you when you receive a new cookie, or decide to disable cookies altogether, you will not be able to take full advantage of all of the features of the Services. Please see the “Help” section of your web browsers for instructions on managing this security preference.
14. ADDITIONAL QUESTIONS