Updated as of July 10, 2020
Tend collects information to create the best matches for our two groups of users: Clients and Tenders. The information we gather is used to help these two groups find the right match for the right job, either temporary or permanent placement.
This Privacy Policy (“Privacy Policy”) is part of and incorporated into the Tend Terms of Use (the “Terms”), and your use of and access to our websites (including www.hiretend.com), software platform, mobile applications, 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 carefully, and if you have any questions, contact us at [email protected] or at the address provided at the end of this Privacy Policy.
In this Privacy Policy, “we,” “us,” “our” and “Tend” all refer to Tend Exchange Inc., doing business as Tend. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. “You” and “your” refers to you, as a user of our Services. These words also refer to either a “Tender” (a person seeking and applying for jobs or gigs through our Services) or a “Client” (a business or individual using our Services to try to find workers for jobs or gigs) or both, depending on context. To use our Services to obtain gigs, Tenders must agree to Tend’s Service Professional Agreement in addition to the Terms. To use our Services to post gigs, Clients must agree to Tend’s Online Services Agreement for Customers in addition to the Terms. Notwithstanding the foregoing, the Terms govern your use of and access to the Services, whether you are a Tender, Client, Reference and/or otherwise. Further, in order to use many aspects of the Services, you must register for and maintain an active Services account (“Registered Account”), and the Terms also govern your Registered Account and your use of and access to your Registered Account.
By using our Services, you agree to the terms and conditions contained in this Privacy Policy and the Terms. By using our Services, you also expressly consent to the collection, use and disclosure of your information, including Personal Information, as outlined in this Privacy Policy. If you do not agree with any of the terms and conditions of this Privacy Policy, you cannot use or access or use our Services.
For purposes of this Privacy Policy, “Personal Information” and “Personally Identifiable Information” 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.
Personally Identifiable Information and Personal Information include information you may provide in connection with a payment or banking service (“Payment 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 Personal Information 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”). Personal Information and Personally Identifiable Information 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”).
By registering and creating a Registered Account or using the Services in a way in which you disclose your Personally Identifiable Information, you consent to and authorize us to receive, view, display, use, disclose, transmit and maintain such Personally Identifiable Information on your behalf in connection with providing the Services to you. You acknowledge and agree that such Personally Identifiable Information may be transferred from your current location to our offices and servers and the authorized third parties referred to herein.
“Non-Personal Information” refers to information that does not personally or specifically identify you, and may include aggregate or non-specific Usage 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.
“Information” collectively refers to Personal Information, Non-Personal Information and Usage Data.
INFORMATION WE COLLECT
1. Information You Choose To Submit
The Services aim to match clients with prospective workers who will be a good fit for a given job, and the information we collect is intended to support that goal. For example, if you post a job on behalf of a Client or created a related Registered Account, we may collect your name, email address and other Personal Information about you and the Client. Similarly, if you are a Tender, we may collect your name, email address, home address and other materials and other Personal Information you submit 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). Specifically, we collect information about you (including Personal Information) that you choose to submit to us in connection with your use of our Services, including information submitted when you:
2. Information Created When You Use The Services
This includes:
3. Information From Other Sources
This includes:
Tend may combine the information collected from these sources with other information in its possession.
DISCLOSURE AND USE
We may use your Personal Information for a variety of purposes, including to provide, enhance, personalize, maintain and improve our Services. Such use includes using your Personal Information to:
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. You agree 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 Tenders, 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, 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 or required to disclose your Personal Information by law, regulation or other provision of this Privacy Policy or the Terms.
We also may disclose Non-Personal Information to third parties in a manner that does not identify a particular individual. For example, and not by way of limitation, we may disclose aggregated 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.
OTHER AUTHORIZED DISCLOSURES
Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that we may collect, use, preserve and disclose any information (including, without limitation, Usage Data and Personal Information): (1) in response to subpoenas, court orders, legal process or when otherwise required by law, or to establish, protect, or exercise our legal rights or defend against legal claims in our sole discretion; (2) 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); (3) if we believe it is 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 (provided, however, that we have no obligation to do so); or (4) that is available to the general public.
We 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).
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 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.
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, we may use, disclose, assign and transfer any Non-Personal Information for any purpose.
SECURITY
We and our 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. Such measures, or any data transmission over the Internet or any network, cannot be guaranteed to be perfectly secure or effective. As a result, we cannot 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.
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.
THIRD PARTY SITES, RESOURCES, TOOLS, SERVICES AND WIDGETS; ADVERTISEMENTS, SPONSORSHIPS AND PROMOTIONS
Our 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. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. In addition, the 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. We are 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.
DATA FROM USERS OUTSIDE OF THE UNITED STATES
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States only. 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, and you are 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 country where you are located. Personally Identifiable Information collected through or from using the Services may be stored and processed in the United States or any other country in which Tend or its affiliates, subsidiaries, or agents maintain facilities, and by using the Services you consent to any such transfer 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.
ABILITY TO ACCEPT; OUR COMMITMENT TO CHILDREN’S PRIVACY
By using the Services, you affirm that you are at least 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 aimed at nor intended for children under the age of eighteen (18) years of age. If you are under the age of eighteen (18), please do not use the Services. Tend does not accept registration from children under eighteen (18) years of age and no one under the age of eighteen (18) may provide any information to or through the Services.
Additionally, 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 thirteen (13) years of age, and believe that he or she 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 persons under thirteen (13) years of age without verification of parental consent, we will exercise commercially reasonable efforts to delete this information.
YOUR CHOICES
You may decline to provide any Personal Information to us and it’s your choice whether to put Personal Information on your profile. With respect to your profile, please do not post or add Personal Information to your profile that you would not want to be publicly available. If 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 we will not be able to provide you some of the features and functionality of the Services. 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.
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. 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.
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. All retained Personal Information will continue to be subject to the terms of the Privacy Policy to which the user has previously agreed.
CHANGES
This Privacy Policy may be revised periodically and this will be reflected by a “last modified” legend at the top of this page. Tend reserves the right, at its 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 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.
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 the changes. If you do not agree to the changes to the Privacy Policy, you have the option of closing your Registered Account and/or you can choose to stop using the Services.
YOUR CALIFORNIA PRIVACY RIGHTS
The following applies only to residents of California:
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 want a “Your California Privacy Rights Notice.” Please allow thirty (30) days for a response.
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, be notified when you receive a new cookie, or disable cookies altogether. Please note that without enabling these features, your experience of the Services 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.
ADDITIONAL QUESTIONS
If you have any questions regarding this Privacy Policy, please contact us via email at [email protected] with the word “Privacy” in the subject line. Alternatively, you can mail us at 5792 W Jefferson Blvd, Los Angeles, CA 90016.
