LABORPAY, LLC – [LABORPAY MOBILE] PRIVACY POLICY
Last modified: [April 6, 2021]
 

INTRODUCTION

At LaborPay, LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you purchase, download, install, or register with, access or use the [LaborPay Mobile] (the “App”).
• Our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies only to information we collect in this App, in email, text, and other electronic communications set through or in connection with this App.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. 

This policy may change from time-to-time in order to improve our services or comply with any requirement under law. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Changes to this policy shall be notified in the upper portion of this web page where the user may check the date on which changes were last made to our policies. 

INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect information from and about users of our App:

• Directly from you when you provide it to us.
• Automatically when you use the App.

 INFORMATION YOU PROVIDE TO US

When you download, register with or use this App, we may ask you provide with the following information:

• By which you may be personally identified, such as [name, date of birth, place of birth, civil status, gender, physical and mailing addresses, zip codes, email address, telephone number, license number, social security number, passport number], or any other similar information (“personal information”). 

This information also includes:

• Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting materials, and requesting further services. We may also ask you for information when you report a problem with the App.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
• Your search queries on the App.
• Information related to your employment which may include: time covered in your confirmed work shifts (including time punching-in and out of work shifts); paid time off (PTO); work schedules and appointments; and information on your location.

You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

AUTOMATIC INFORMATION COLLECTION AND TRACKING

When you download, access and use the App, it may use technology to automatically collect: 

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location of data, logs and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
• Location Information. This App collects real-time information about the location of your device. [Description of location information collection].
• Employment Related Information: This App contains certain features that collect and transmit information on your employment and shares it with your employer which it may use to keep track of your employment’s tasks, performance, and other employment related information. Information collected and shared with your employer under this feature includes but is not limited to: (i) your location whenever you enter the App and enable the “punch-in” function and confirm an employment shift; (ii) information on your work-shift; (iii) paid-time-off (PTO) requests made by you; and (iv) your responses to accept or reject scheduled appointments. This App may also collect information on your location whenever you confirm a work shift in order to calculate your work-related destination and provide you with suggested travel route based on then-current traffic. 

If you do not wish us to collect this information, do not download the App or delete it from your device. We note, however, that your employment status with your employer may depend on the continual use of this App. Therefore, we suggest that you first contact your employer before downloading and/or deleting this App. 

INFORMATION COLLECTION AND TRACKING TECHNOLOGIES. 

The technologies we use for automatic information collection may include:

• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
• Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
• Our web site [responds/DOES NOT RESPOND] to “Do Not Track” requests.  This option allows the user to navigate and use our web site without being tracked.

THIRD-PARTY INFORMATION COLLECTION

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties include:

• [Advertisers, ad networks and ad servers].
• [Analytics companies].
• [Your mobile device manufacturer].
• [Your mobile service provider].
• [Others].

These third parties may use tracking technologies to collect information about our users. This may include information about users' use of this App and other apps and websites to serve them interested-based (behavioral) advertising. We do not control these third parties' tracking technologies or how they may be used. 

[OPTIONAL: For information about how you can opt out of receiving targeted advertising from many providers, see [link to “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”].] 

HOW WE USE YOUR INFORMATION 

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any other information, products or services that your employer request from us when you are using this App in connection with your employment therein.
• Fulfill any other purpose for which you provide it.
• Give you notices about your account and of changes to this Privacy Policy.
• Carry out our obligations and enforce our rights arising from any contracts entered into between your employer and us, including relaying your employment related information to your employer.
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
• Notify you about available shifts, punching information, and any other employment information.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App according to your individual interests.
• Speed up your searches.
• Recognize you when you use the App.

We use location information we collect to: (i) identify your location when you punch-in for work; (ii) identify your location when accepting shifts; (iii) identify your location when requesting PTO; (iv) suggest travel routes to your work location including traffic time and directions; (v) identify your location when an expense is reported; and (vi) improve our services and provide the best suggestion for the user. 

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business [OPTIONAL: and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them].
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Labor Pay LLC's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Labor Pay, LLC about our App users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App End-User License Agreement, Terms of Use, terms of sale, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of LaborPay, LLC, our customers or others.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION 

To edit your personal information entered in your account profile page you will need to contact your employer.

 Please note, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use.

DELETING YOUR USER ACCOUNT AND INFORMATION

• Account Deletion Request. Deleting the App from your mobile device will not cause your account to be deleted. If you wish to delete your user account from the App, you must submit a formal request through the App's designated account settings feature or by contacting our support team at support@laborpay.com. The request must include the employee’s full name, employee ID, and a valid reason for account deletion.

• Verification and Approval. Upon receiving a deletion request, the Company will verify your identity and the validity of the request, and the case will be sent to your direct employer. Account deletion is subject to approval of your direct employer. Your employee can deny your deletion request to comply with legal, regulatory or operational requirements.

• Data Retention. The Company may retain certain personal and employment-related information in accordance with applicable laws and Company policies. This may include, but is not limited to, clock-in/out records, pay stubs, and PTO records, which are necessary for compliance with labor laws, tax regulations, and any ongoing or potential legal proceedings.

• Impact of Deletion. Account deletion will result in the loss of access to the App, including but not limited to schedules, employee profiles, documents, and paystub information. You are advised to download or print any necessary documents prior to requesting the account deletion.

• Reinstatement. Once an account is deleted, the reinstatement of the account is not guaranteed. If you wish to return to the App, you may be required to undergo the standard account setup and verification process as a new user.

 [OPTIONAL: DATA SECURITY] 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. [All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions [OPTIONAL: and [OTHER INFORMATION] will be encrypted [OPTIONAL: using SSL technology]]. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. [OPTIONAL: We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.] 

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.]

CHANGES TO OUR PRIVACY POLICY

We may update our privacy policy from time-to-time. Changes to this policy shall be notified in the upper portion of this web page where the user may check the date on which changes were last made to our policies. The date the privacy policy was last revised is identified at the top of the page. You are responsible for for periodically visiting this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
[privacy@laborpay.com]

Or via our toll-free number:
[1-866-565-2267]