about our privacy policy - updated august 16, 2022

Privacy Notice

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.

This Privacy Policy (“Privacy Policy”) is part of, and incorporated into, the Tend Terms of Use (the “Terms”).  Your use of and access to our websites (including www.hiretend.com), our software platform, our mobile applications, and all of our content and services (collectively, our “Services”) is subject to this Privacy Policy and the Terms.  All defined terms not defined herein have the meaning ascribed to them in the Terms.  Please read this Privacy Policy and the Terms carefully, and if there are any questions, we may be contacted at [email protected] or at the address provided at the end of this Privacy Policy.



1.1 For purposes of this Privacy Policy, “Personal Information” and “Personally Identifiable Information” (“PI” and “PII”) refer to information which you provide to us which personally identifies you (whether alone or when combined with “Usage Data” and “Non-Personal Information” (as those terms are defined below)) and includes, but is not limited to, your name, email address, Social Security Number, mailing and/or physical address, mobile device number, telephone number, government identification number(s), date of birth, your photograph and other information or data that identifies you, which is collected and maintained by us if you have a Registered Account to use and access the Services, and may otherwise be collected by us through your use and access of the Services or if you otherwise directly provide such information to us.

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.

1.4 “Non-Personal Information” refers to information that does not personally or specifically identify you and may include aggregate or non-specific Usage Data, anonymized statistical data, and information about devices, operating systems, browsing activities, browsing histories, locations, dates and times of use of the Services, usage and traffic patterns, and other non-personally identifying analytics and information about users of our Services.  By registering and creating a Registered Account or using the Services, you consent to and authorize us to receive, view, display, use, disclose, transmit and maintain such Non-Personal Information and to share it with third parties, in accordance with this Privacy Policy.  

1.5 In referring to this Privacy Policy and the Terms, “Information” collectively refers to PI, Non-Personal Information and Usage Data.


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.


3.1 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.

(c) Usage and Preference Information: Tend collects information about how you interact with our Services, including your preferences and the settings chosen. In some cases, we collect Usage Data through the use of cookies, web beacons, pixel tags and similar technologies that create and maintain unique identifiers. A cookie is a piece of data or text file on your computer that identifies you as a unique user. A web beacon is an object that is embedded in a page or email and is usually invisible to the user but allows checking whether a user has viewed the page or email. We use cookies, web beacons, pixel tags and similar technologies for a number of purposes, including to improve the quality of the Services and to make the Services easier to use. We may combine Usage Data with Personal Information in a manner that enables us to trace Usage Data to an individual user, and may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information as provided herein (whether Usage Data is combined with any Personal Information or otherwise). As more particularly described below in this Privacy Policy, we sometimes use certain third-party tools and services to assist us in collecting Usage Data. Certain of the third-party tools and services use cookies or web beacons to help analyze how users use the Services. We do not access or control these third-party cookies or web beacons; however, we may have access to data generated from their use, such as when we view analytics reports provided by such third-party tools and services.

(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.


4.1 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.


5.1. 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.

5.3 Except as otherwise provided in this Privacy Policy, we will not disclose your Personal Information to any third-party unless the third-party is a “Permitted Recipient” (a term as defined in the following sentence). You consent and agree through your usage of the Tend system that we may disclose your Personal Information to the following Permitted Recipients: (1) persons or entities that you permit to access or receive your Personal Information (your permission being reasonably determined from your actions in view of the circumstances), including other users of the Services; (2) if you are a Client, any persons or entities at your organization including those that may have created a Registered Account with us, and persons or entities designated by such organization; (3) if you are a Tender, Clients that have posted or may post jobs or gigs on or through our Services and for which you have submitted an application through the Services; (4) References; (5) third-party providers of services to us such as Internet hosting providers, Internet services providers, email distribution and email management providers, subcontractors performing work for Tend and software development or maintenance providers, provided that we have a reasonable belief that such third-party providers will maintain your Personal Information in confidence; (6) third-parties that provide services enabling us to market and advertise our Services and other content that has been customized for you through targeted advertising, targeted content and other means; and (7) any other person or entity to whom we are permitted to, or required to, disclose your Personal Information by law, regulation or other provision of this Privacy Policy or the Terms.

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.


6.1 Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that Tend may collect, use, preserve and disclose any information (including, without limitation, Usage Data and Personal Information) whenever disclosure is (a) in response to a subpoena, warrant, administrative order, court order, or to other similar legal process or when otherwise required by law, (b) in Tend’s sole discretion, needed to establish, protect, or exercise our legal rights or defend against legal claims or process, (c) necessary to protect our rights and property or the public, including the enforcement of this Privacy Policy and any other agreement we may have with you or your organization (as applicable), (d) necessary in order to investigate, prevent, or take action regarding unauthorized distribution of another's intellectual property or information, illegal activities, fraud, or situations involving potential threats to the safety of any person, or (e) proper because such information has already been published or made available to the general public.

6.2 Tend may, from time to time, assign or transfer all or a portion of the Usage Data, Personal Information and/or Non-Personal Information and its rights and obligations hereunder to one or more third-parties (whether in connection with a sale of assets, a merger or otherwise), in which case the successor or assignee will agree to abide by the obligations under this Privacy Policy with respect to such information transferred to such successor or assignee (unless otherwise agreed to by you and such successor or assignee).

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.

6.4 In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, Tend may use, disclose, assign and transfer any Non-Personal Information for any purpose.


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.


8.1 Tend Services may link to other websites (including, without limitation, recruiter websites) and Internet resources, or incorporate third party tools, services, APIs, SDKs and widgets that are not owned, operated or controlled by us. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Service.

To see how Google uses this data, go to www.google.com/policies/privacy/partners/. 

8.2 Tend Services (including Tend’s websites and mobile applications) may contain advertisements, sponsorships and promotions of third parties. This Privacy Policy does not cover any information that may be collected from you by (a) such third-party websites and Internet resources or by any such third parties in connection with such advertisements, sponsorships and promotions, or (b) any such third-party tools, services, APIs, SDKs and widgets. You should be aware, however, that providers of third-party tools, services, APIs, SDKs and widgets, and advertisements, sponsorships and promotions in the Services may utilize cookies, web beacons and other mechanisms to collect information from you about your use of the Services and other websites in order to, among other things, provide additional functionality, advertisements, sponsorships and promotions about information, products or services that may be of interest to you. Tend is not responsible for any (i) information, products or services available on or through any linked sites or resources, or through any such advertisements, sponsorships and promotions, (ii) third-party tools, services or widgets, or (iii) third-party terms of use, privacy policies or information collection, use and disclosure practices. You agree to review all applicable terms and use, privacy policies and other agreements provided by the applicable third parties.

8.3 Tend will not share any of your SMS messaging-related data with third-parties for any promotional or advertising purposes.


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.


10.1 By using the Services, you affirm that you are at least eighteen (18) years of age and that you are competent to accept and have accepted the terms and conditions of this Privacy Policy. The Services are not intended for children under the age of 18 and any such usage by a child under the age of 18 is expressly prohibited. Tend will refuse to accept registration from children under 18 years of age.  Further, no child under the age of 18 may access the Services, receive the use of any Services or provide to, or through, the Services.

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 protected]. 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.

10.3 Tend will not use any information maintained pursuant to this Privacy Policy to discriminate against any user in violation of any state or federal law.  


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 [email protected]. 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.

11.4 Upon your written request, Tend will remove any of your Personal Information in its possession and will cease using such Personal Information, subject to the terms of this Privacy Policy and the Terms. You may request access to, and removal of, such Personal Information by emailing us at [email protected]. Please note that in certain circumstances, Tend may not be able to completely remove all Personal Information about a particular user from its systems. For example, Tend may retain Personal Information about a user for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law, or as retained in Tend’s data backup systems or cached or archived pages, even after an account has been terminated or a request has been made to delete certain information. All retained Personal Information will continue to be subject to the terms of the Privacy Policy to which the user has previously agreed.

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.


12.1 This Privacy Policy may be revised periodically, which will be reflected by a “Updated” notation on the first page of the Privacy Policy. Tend reserves the unfettered right, in its sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. When any significant or material changes are made to this Privacy Policy, users will receive a notice on or through the Services for thirty (30) days before such changes take effect. After such thirty (30) days, the changes will become effective. Additionally, Tend will make reasonable efforts to email its users and otherwise provide notice of such changes on or through the Services by notifying them of such changes. You understand that you have an affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes. 

12.2 If you continue to use the Services after the effective date of changes to this Privacy Policy, you will be considered to have agreed to, and accepted, all changes. If you do not agree to the changes to the Privacy Policy, you have the option of closing your Registered Account and terminating your use of the Services, amending or changing your account preferences, or asking that Tend remove certain Personal Information in accordance with the provisions of the Privacy Policy.


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 protected]. 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.


If you have any questions or concerns regarding this Privacy Policy, please contact us via email at [email protected] with the word “Privacy” in the subject line.  Alternatively, you may also mail us your questions or concerns, addressed to Tend, 6701 Center Drive W., Suite 425, Los Angeles, CA 90045.