Last Updated: 7/29/2024
INTRODUCTION:
TipHaus Employee Scheduling Software Inc. (or ” we”, or “ TipHaus”) values and respects the privacy of individuals and as a result we have updated our Privacy Policy to align with applicable data protection legislation, including the European General Data Protection Regulation (Regulation (EU) 2016/679) and any other legislation in force which applies to privacy or the handling of personal data (the ” Data Protection Legislation”).
This Privacy Policy aims to clearly outline our policies and procedures for collecting, using, storing and disclosing personal data of individuals. In this Privacy Policy, “ Personal Data” refers to information about identifiable individuals and information which can be used to identify an individual. Any capitalized term in this Privacy Policy that is not defined shall have the same meaning as the defined term in our Terms of Use.
TipHaus’s service offering involves providing organizations and individuals within those organizations with access to and use of the TipHaus Services which allows our customers to and their staff members to administer work scheduling (the “ Service”) through their devices (any computer used to access the TipHaus Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device (each a “ Device”)).
This Privacy Policy explains what we do with your Personal Data when:
TipHaus may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here. TipHaus will also notify affected individuals of any material changes in the way we process data.
Our primary purpose for collecting and using your Personal Data is to provide the Services to you and your organization. We use Personal Data to allow Users to access and use the TipHaus Services on the instructions of your organization and on behalf of your organization. This makes us a “data processor” for the purposes of the Data Protection Legislation. Please see section 4 (“How do we use your Personal Data”) for more information.
If you are a Website User, we use your information for our own purposes. This makes us a “data controller” for the purposes of the Data Protection Legislation. Please see section 4 (“How do we use your Personal Data”) for more information.
If you are a Phone User, we may record your call for our own purposes. This makes us a “data controller” for the purposes of the Data Protection Legislation. Please see section 4 (“How do we use your personal information”) for more information.
2.1 Services Users:
We need to use Personal Data in the course of providing the Services to you and your organization and for ancillary purposes set out in this Privacy Policy. Depending on the relevant circumstances and requirements, we may collect some or all of the Personal Data listed below to help us with this:
In particular, Users are required to submit Personal Data to create an Account and use the Service. Our customers’ staff members create employee profiles to allow their employer and fellow employees to interact with them on the Services.
Personal Data associated with your personal profile, that is not specific to an employer, such as name, availability, time off, profile picture and tip information (“ Profile Data”) will remain associated with your Account for as long as your Account is active, whether or not your Account is linked to an organization.
When you use the Service, Personal Data related to your employment, such as job title, company, schedule, schedule preferences, shifts, and attendance is collected in order to provide you and your organization with the Services, such as scheduling (“ Employment Information”).
2.2 Website Users:
We collect a limited amount of Personal Data from our Website Users which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes log data such as your Device’s IP address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information and other interactions with the Website. If you contact us via the Website (including via any chat widget), we will collect any information that you provide to us, for example your name and contact details to order to respond to the inquiry.
2.3 Phone Users:
We collect a limited amount of Personal Data by recording and subsequently storing certain telephone calls. On each occasion, you will be notified whether the call is being recorded at the commencement of the call. The primary purpose of the call recording is to improve the quality of the services we provide. During the course of the phone call we will collect limited categories of Personal Data including name, phone number, and email address to assist us in confirming the identity of the caller.
3.1 Users:
We collect your Personal Data in four primary ways:
3.2 Website Users:
When you visit our Website there is certain Personal Data in the form of log data that we may automatically collect, whether or not you use the TipHaus Services. We also collect some limited Personal Data (name, email, phone number, company name) when you opt into certain marketing activities (download template files, for example). We also collect some limited Personal Data automatically via cookies, in line with cookie settings in your browser. If you would like to find out more about cookies, including how we use them and what choices are available to you, please see section 11(” Cookies”).
3.3 Phone Users:
As set out in Section 2 above, we collect a limited amount of Personal Data by recording and subsequently storing certain telephone calls. On each occasion, you will be notified at the commencement of the call whether the call is being recorded and for what purpose.
4.1 Users:
Our primary purpose for using your Personal data is to Provide the Services to your organization. When we use your Personal Data to allow you to access and use the TipHaus Services, we do so on the instructions of your organization (our Customer) and on the behalf of your organization. This makes us a “data processor” for the purposes of the Data Protection Legislation. Activities that we may carry out on this basis include:
However, there may be certain circumstances under which we use your Personal Data for purposes that are not on behalf of your organization or in accordance with instructions of your organization. Under these circumstances, we are a “data controller” for the purposes of the Data Protection Legislation. Activities that we may carry out on this basis include:
We may use your Personal Data for these purposes if we have a legal basis for doing so. If you would like to know more about what this means, please see section 12 (“Legal basis for processing your Personal Data”). If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this in section 9 (“How can you access, amend or take back the Personal Data that we hold about you”).
4.2 Users not linked to employer accounts:
If you register for an Account that is not linked to any company or once you have left your organization, we are a “data controller” for the purposes of the Data Protection Legislation. Activities that we may carry out on this basis include:
We may use your Personal Data for these purposes if we have a legal basis for doing so. If you would like to know more about what this means, please see section 12 (“Legal bases for processing your Personal Data”). If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this in section 9 (“How can you access, amend or take back the Personal Data that we hold about you”).
4.3 Website Users
We use your Personal Data to help us to improve your experience of using our website, for example by analyzing your recent search criteria to help us to present information to you that we think you will be interested in. This makes us a “data controller” for the purposes of the Data Protection Legislation.
4.4 Phone Users:
We use your Personal Data to help us to improve our customer experience, for example by analyzing whether the Personal Data we collect is suitable for the purpose of verifying the identity of the caller. This makes us a “data controller” for the purposes of the Data Protection Legislation.
We use Personal Data of Users in order to let you know about, and invite you to participate in, our products and service offerings. We need your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the delivery of direct marketing to you through digital channels) and, depending on the situation, we’ll ask for this via an opt-in in accordance with applicable laws. If you are not happy about this, you have the right to opt out of receiving marketing materials from us and can find out more about how to do so in section 9 (“How can you access, amend or take back the Personal Data that we hold about you?”).
If you want to know more about how we obtain consent, please see section 12 (“Legal bases for us processing your Personal Data”). If you are not happy about our approach to marketing, you have the right to withdraw your consent at any time and can find out more about how to do so in section 9 (“How can you access, amend or take back the personal data that we hold about you?”)
Where appropriate and in accordance with applicable laws and requirements (and where we use your Personal Data as a data processor on behalf of and under the instructions of your organization in accordance with our obligations under our agreement with your organization), we may share your Personal Data in the following ways. We reserve the right to change providers, vendors, and partners when we deem necessary without prior notice. In all cases we have done our due diligence to ensure those services to not violate this Privacy Policy, and those services are in compliance with privacy regulation.
We are committed to taking all reasonable and appropriate steps to protect the Personal Data that we hold from misuse, loss, destruction or unauthorized access. We do this by having in place a range of appropriate technical and organizational measures. These include measures to deal with any suspected data breach. If you enter payment details onto our payment pages, we encrypt the transmission of that information using secure socket layer technology (SSL) and Transport Layer Security (TLS) which is PCI DSS compliant. All call recordings that we (or our third-party service providers) collect and store are encrypted.
We will not keep your Personal Data for longer than we are permitted to do so under our agreement with your organization or as is necessary for the purposes for which we have collected it unless we believe that the law or other regulation requires us to preserve it (for example, because of a request by a tax authority or in connection with any anticipated litigation) or if we require it to enforce our agreements.
When we are no longer permitted under our agreement with your organization or it is otherwise no longer necessary to retain your Personal Data, we will delete the Personal Data that we hold about you from our systems. While we will endeavour to permanently erase your Personal Data once it reaches the end of its retention period, some of your Personal Data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists in the electronic ether, our employees will not have any access to it or use it again.
Your organization may store your Employment Information for longer periods in accordance with its own retention policies, including after your employment terminates.
All Call Recordings are stored for a maximum of three (3) years from the date of collection where after they are automatically deleted.
You have various rights in relation to the Personal Data that we hold about you. If you wish to make a request in relation to our use of your Personal Data for the purposes of providing the Services to your organization (and in respect of which we are a data processor), please contact your organization, the data controller, in the first instance to handle your request. If you contact us in respect of an Account that is linked to your employer, we may refer your request to your organization. Otherwise, please contact us and we will handle your request.
The Data Protection Legislation gives you the following rights in relation to your Personal Data:
In order for us to carry out the functions described in this Privacy Policy (for more details, please see section 4 (“How do we use your Personal Data?”) your Personal Data is processed by us (or our third party service providers) outside of the European Economic Area (EEA). Our primary, encrypted data storage is located in the United States of America, with encrypted backups in Canada. All data transferred in and out of the TipHaus Services are encrypted securely end-to-end.
TipHaus uses cookies in providing the Website and Service. For more information on how we use cookies and how to opt out, please see our Cookie Policy, which is available at: https://www.TipHaus.com/cookies
Where we process your Personal Data as a data processor on behalf of and under the instructions of your organization, your organization is responsible for ensuring that there is a legal basis for us processing your Personal Data on their behalf.
Where we process your Personal Data as a data controller, we need to ensure that there is a legal basis to justify our processing of your Personal Data . There are a number of different ways that we are lawfully able to process your Personal Data. We have set these out below.
12.1 Where processing your Personal Data is necessary for us to carry out our obligations arising from any contracts entered into between you and us
We process certain Personal Data where it: “is necessary for the performance of a contract to which [you] are a party.” If you enter into a contract with us in relation to any service offerings outside of the TipHaus Services, including our Terms of Use, we may process certain Personal Data about you in order to perform our obligations under this contract.
12.2 Where processing your Personal Data is within our legitimate interests
We can process certain Personal Data where it “is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of Personal Data.” We may process your Personal Data for the purposes of our legitimate interests to enforce the Terms of Use and to analyze log data/user statistics to improve the TipHaus Services for all Authorized Users.
12.3 Where you give us your consent to process your Personal Data
In certain circumstances, we will seek to obtain your opt-in consent before we undertake certain processing activities with your Personal Data.
We will obtain your opt-in consent where necessary prior to sharing your Personal Data with third party applications and carrying out certain marketing activities. As and when we introduce these particular processing activities, we will provide you with more information so that you can decide whether you want to opt-in. You have the right to withdraw your consent to these activities. You can do so at any time, and details of how to do so can be found above at section 9 (“How can you access, amend or take back the Personal Data that we hold about you”).
By using our Services, you affirm that you are at least 13 years of age. In accordance with the Children’s Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
If you would like further information about how we handle your Personal Data, who our Data Processing Officer is, if you have any concerns regarding this Privacy Policy or if you wish to exercise your legal rights, please contact support@TipHaus.com or call 360-851-1418. Please outline to us your concerns and our legal team or TipHaus representative will be in touch to discuss the matter.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws.
Privacy Notice for California Residents
Effective Date : January 2020
Last Reviewed on: January 2020
This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (” personal information ”). In particular, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:
Category A : Identifiers
Examples : A real name, Internet Protocol address, email address, or other similar identifiers.
Collected : YES
Category B : Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples : A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected : YES, with your consent
Category C : Protected classification characteristics under California or federal law.
Examples : Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected : NO
Personal information does not include:
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following business purposes:
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, TipHaus has not disclosed personal information for a business purpose.
Sales of Personal Information
In the preceding twelve (12) months, TipHaus had not sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions, by emailing us at support@TipHaus.co . Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message to support@TipHaus.com . Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic-mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
While TipHaus does not sell any personal information, you have the right, if you are 16 years of age or older, to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending us a message to support@TipHaus.com .
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email to support@TipHaus.com .
