WorkJam Privacy Policy

We’ve done our best to keep this Privacy Policy short and simple, but if you have any questions about it, please do not hesitate to reach out to us.

This Privacy Policy describes how we handle Personal Information (as this term is defined below) we collect and receive, and applies to all of the services offered by WorkJam. These “Services” include websites, mobile apps, other online services and anything else offered by WorkJam that links to or refers to this policy.

For Personal Information relating to WorkJam’s own website, marketing, and account administration (for example, when you contact WorkJam directly or apply for a job with WorkJam) WorkJam acts as the controller in its own right. Where WorkJam acts on behalf of your employer or the organization that has deployed WorkJam’s Services (your “Employer”), your Employer determines why and how your Personal Information is used and is the controller (or the equivalent role) of that information under applicable law, and WorkJam acts as its service provider or processor, using Personal Information only as instructed by, and under a written agreement with, your Employer. If you have questions about how your Employer uses your Personal Information within WorkJam’s Services, you may need to contact your Employer directly, in addition to or instead of WorkJam.

This Privacy Policy applies no matter what computer or device you use to access the Services. This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the WorkJam platform, or any other third-party products, services or businesses who will provide their services under their own terms of service and privacy policy.

By using any WorkJam Services, you are accepting the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you should not use our Services. From time-to-time it will be necessary for us to make updates to this policy. Your continued use of our web site and / or Services following the posting of changes to this Privacy Policy will mean that you accept those changes.

1. Definition of “Personal Information”:

“Personal Information” means any information that identifies, or could be reasonably associated with, an individual and their household (collectively, “individual” or “you”). This may include, for example, your name, email address and information relating to your account with us (as the case may be). It may also include other types of more technical information, but only when this information can identify you as an individual. Information that is aggregated and/or de-identified and cannot be associated with an identifiable individual is not considered to be personal information. Please note that the definition of personal information may differ in various jurisdictions.

2. How, why and what Personal Information WorkJam collects:

The type of information we collect depend on the nature of your interactions with us. There are three basic categories of Personal Information we collect:

1. Personal Information you provide us;
2. Personal Information we get when you use our Services;
3. Personal Information we get from other sources.

In any case, we limit the collection of Personal Information to what is reasonably required to fulfill the purposes for which it was collected. We do not collect sensitive data. We do not disclose your Personal Information except in the limited circumstances described below. Providing certain Personal Information (for example, your name and email address to create an account) is necessary to enter into and perform our agreement to provide the Services. If you do not provide it, WorkJam or your Employer may not be able to create your account or provide the Services to you.

1. Personal Information you provide us:
   
   1. Identifiers. When you create or reconfigure a WorkJam account, you provide some Personal Information, such as your name, username, password, and email address. Your name and username are listed on our Services, including on your profile section but only within your employer’s instance of our WorkJam app.
   2. Contact information. If you email us, if you subscribe to our marketing campaigns, or use the “Book a Demo”, “Contact Us” or “support portal” links available on our Website, we will receive your contact information. Contact information may include your email address, first and last name, phone number, the reason for contacting, country and postal address, and the content you share within messages when you contact us or engage with us or our customer service. We may keep your message, email address, and contact information to respond to your request.
      
      We may use your contact information to send you information about our Services; notify you of updates, security alerts, and information regarding changes to our policies; fulfil our legal and compliance-related obligations; enforce this Privacy Policy or the our Terms of Use; and prevent and address fraud and threats of harm. You may use your account settings to unsubscribe from various types of notifications from WorkJam.
   3. Additional account information. Our Services are primarily designed to help you manage your work schedule and communicate with your employer and other co-workers. Information you share with us is information you are asking us to use to accomplish these and other related tasks. This includes your activity on the service including messages you write and many other bits of information that result from your use of the Services. You may however also provide us with additional information to make available to others within your employer’s WorkJam instance, such as picture and video and other information about yourself. We may use this information to customize the content we show you. We are not in control if you choose to voluntarily provide other personal information to us that we do not request and in such instances, you are solely responsible for such information.
      
      If you connect your WorkJam account to your account on another service, the other service may send us your registration or profile information on that service and other information that you authorize.
      
      If you apply for job opportunities at WorkJam via our careers section, you may need to create an account. We may also collect information you send to us via other means, such as email or another job application platform. We use this information to process and respond to your application for employment or related inquiry.
      
      Finally, we use personal information to carry out our obligations and enforce our rights under contracts, including for billing or to comply with legal requirements.
2. Personal Information we collect automatically:
   
   1. Location Information. We only validate your location when using specific functions of the Services to determine if you are at your employer’s location and allowed to access functions that are determined by your employer to only be available to you when at your work location. This is only possible if you grant WorkJam such permission in your mobile device’s location settings. WorkJam does not track your movements or use your location information for any other purpose
   2. Links interactions. WorkJam may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant content, and to be able to share aggregate click statistics such as how many times a particular link was clicked on. We generally aggregate (but are not required to) this type of data to avoid identifying an individual directly.
   3. Cookies. Like many websites, we use cookies and similar technologies to collect additional website usage data and to improve our Services. A cookie is a small data file that is transferred to your computer’s hard disk. WorkJam may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. Where required (e.g., in the EU or Quebec), we only deploy non-essential cookies (analytics, advertising, personalization) with your consent. You may adjust cookies through our cookie management tool or your browser settings, where available. However, some Services may not function properly if you disable cookies completely. To learn more about how we use cookies and how you can manage your preferences, please see our cookie policy.
3. Information we collect from other sources:

   WorkJam uses a variety of third-party services to help provide our Services, such as hosting our web site and blogs, and to help us understand and improve the use of our Services, such as Google Analytics or social networks. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address. Third-party ad partners may share information with us, like a browser cookie ID, website URL visited, mobile device ID, or cryptographic hash of a common account identifier (such as an email address), to help us measure and tailor ads.

   We are not responsible for the privacy practices or the content of these other entities and any information that you provide to such other entities, including what information they share with us, your rights and choices on their services and devices, and whether they store information in your jurisdiction of residence or elsewhere, shall be subject to the privacy policies of the owners of such other entities. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

   Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. WorkJam honors such “do not track” signals and accordingly, when your browser is configured accordingly, non-essential cookies are automatically blocked without showing a consent banner.

3. Legal basis for processing your Personal Information:

We retain your Personal Information as long as necessary for the purpose identified when you provided the information or as otherwise required to comply with any legal obligation (e.g., to comply with applicable tax laws), resolve disputes, enforce our agreements, or as otherwise described in this Privacy Policy.

In some jurisdictions, we must disclose the legal basis we rely on to process (i.e.: collect, use or disclose) your Personal Information. Depending on the purpose, we rely on: (a) your consent (for example, for non-essential cookies or marketing communications); (b) the necessity of processing to perform our contract with you or your Employer (for example, to provide the Services); (c) our legitimate interests, as described below; or (d) compliance with a legal obligation. By supplying information to us, you authorize WorkJam to use your information in the jurisdictions where WorkJam operates.

Under certain circumstances, the legal basis for processing may be to fulfill our contractual obligations to you or to meet our legal obligations, such as:

1. To provide any service or perform a transaction, such as account creation, login to any of our Services, to respond to your requests or inquiries about our services. This includes creating and administering your account and providing the Services you or your Employer request.
2. For legitimate interests, such as when we act to maintain the wellbeing of our global business generally, including maintaining the safety and security of the Services; and (for example, maintaining the security of the Services, preventing fraud, and improving WorkJam’s products)
3. For compliance and legal obligations, for example, to comply with applicable tax, revenue or data protections laws, to resolve disputes, or to enforce our agreements with you and third parties.

If we ask for your consent to process your information, you may withdraw your contact at any time by contacting us using the details in Section 10 – How to contact us.

4. Disclosure of your Personal Information:

We may disclose your Personal Information to the third parties below in the following circumstances:

1. Service Providers. We disclose personal information with our service providers. Service providers assist us with a variety of business functions, such as data analytics, marketing, website management and maintenance, product or service delivery, data hosting, and auditing. Service providers may use information that can’t be traced back to you (i.e., information that has been aggregated) for their own purpose, except as prohibited by applicable law. For a list of our current sub-processors, please see: https://trustreport.workjam.com/subprocessors.
2. Partners. We may disclose personal information with our partners in connection with offering co-branded services, selling, or distributing our products, or engaging in joint marketing activities.
3. Business Transactions. We may disclose your personal information as part of a potential business transaction to the other party (including as part of the due diligence process).
4. Legal Counsel. We may disclose personal information to our legal counsel.
5. Law Enforcement. We may disclose personal information to a government institution that has asserted its lawful authority to obtain the information or where we have reasonable grounds to believe the information could be useful in the investigation of suspected unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and the disclosure of information.

To the extent your Personal Information is shared with third-parties service providers, such services are always subject to contractual undertakings consistent with this Privacy Policy, and on the condition that such third-parties use your Personal Information only on our behalf and pursuant to our instructions.

5. Additional protection when your Personal Information is transferred to another jurisdiction:

In the provision of our Services, WorkJam may need to transfer your Personal Information to countries other than the one in which you live. To the extent Personal Information is transferred abroad, WorkJam will ensure compliance with the requirements of the applicable laws in the respective jurisdiction in line with WorkJam’s obligations, such as the performance of a Privacy Impact Assessment (as well as the implementation of appropriate safeguards such as Standard Contractual Clauses). Before making such a transfer, WorkJam considers the nature of the information, the purposes for which it will be used, the protective measures that will apply (including contractual protections), and the personal information protection legal framework applicable in the destination jurisdiction. Where required, WorkJam relies on recognized transfer mechanisms such as the European Commission’s Standard Contractual Clauses or the UK’s International Data Transfer Addendum.

6. How WorkJam protects Personal Information:

WorkJam takes the security of your Personal Information very seriously and is committed to protecting your privacy by using a combination of administrative, physical, and technical safeguards. For example:

• We store the data you provide in controlled facilities;
• We use HTTPS encryption when you authenticate (i.e., log into) one of our Services, which helps prevent unauthorized access to your login credentials;
• We limit access to personal information to employees and third parties who need that access to perform their jobs for us;
• We provide company-wide training on privacy and data security.
• Your Personal Information may be stored in foreign jurisdictions, in which case it will be subject to foreign laws.

WorkJam retains Personal Information only for as long as necessary to fulfill the purposes for which it was collected, comply with legal requirements, or resolve disputes. We will store your Personal Information in accordance with our retention policies or as otherwise required or permitted by law. Specific retention periods may vary by Employer configuration and applicable law. You may request more detail about the retention period that applies to your Personal Information by contacting us using the details in Section 10 – How to contact us.

If WorkJam becomes aware of a confidentiality incident involving your Personal Information that presents a risk of serious injury, we will notify you and, where required by applicable law, the relevant regulator (such as Quebec’s Commission d’accès à l’information), and we maintain a record of such incidents as required by law.

7. How WorkJam manages your consent and modifying your privacy choices:

As explained in Section 3 (Legal basis for processing your Personal Information), WorkJam relies on your consent only for certain purposes such as processing that is necessary to provide the Services, to perform a contract with you or your Employer, or to comply with a legal obligation. Where WorkJam relies on your consent, we will ask for it separately from other terms, in clear and simple language, for each specific purpose, before the relevant processing begins, except where a narrow implied-consent exception applies under applicable law (for example, where your continued, voluntary use of an optional feature clearly indicates agreement to a purpose that was clearly disclosed to you beforehand).

We will seek to obtain consent when we want to use Personal Information for a new purpose or for a purpose other than those stated at the time of collection in this Privacy Policy.

If you choose not to provide us with certain Personal Information, or if you withdraw your consent, where such withdrawal is available, we may not be able to offer you the Services or information that you requested or that could be offered to you. If you are a registered user of our Services, we provide you with tools and account settings to access or modify the personal information you provided to us and associated with your account.

Subject to any exemptions provided by law, you may have the following rights over your Personal Information:

1. Access. You can request confirmation of whether we process your personal information, access it, and obtain a copy.
2. Correction. You may request that we complete the personal information we hold about you where you believe it is incomplete or outdated.
3. Consent withdrawal. Where we rely on your consent to process your personal information, you may withdraw that consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. Each promotional email contains the option to unsubscribe from our email list, in which case we will stop sending you promotional emails. If you no longer wish to receive emails from us, you may also contact us as set out under Section 10 – How to contact us.
4. Erasure. You may request that we delete or de-index your personal information we have collected from you, subject to certain conditions and limitations under the law.
5. Restriction of processing. You may request that we temporarily limit how we use your personal information in certain circumstances — for example, while we verify its accuracy or assess an objection you have raised.
6. Non-discrimination. You have the right to be free from discrimination related to your exercise of any of your privacy rights.
7. Complain to your local data protection authority. Depending on your location, you may contact your local data protection authority. In Canada, you can contact the Office of the Privacy Commissioner of Canada or the relevant provincial privacy commissioner for your province of residence. We would greatly appreciate the chance to deal with your concerns before you approach the relevant privacy regulator, so please contact us first.

Additionally, under certain specific jurisdiction’s privacy laws, you may be entitled to the following rights, as applicable:

1. Objection to use. You can object to our processing of your personal information under certain conditions, in which case we will be required not to process your personal information.
2. Data portability. You can request to receive some of your personal information in a usable electronic format or request that we transmit it directly to a third party.
3. Opt-out of the sale or sharing of personal information. In the event that we share personal information with third parties in a manner that constitutes a “sale” as defined under applicable regulation, you can opt out of such a “sale”.
4. Opt-out of profiling. You can opt-out of automated processing of your personal information to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements, to the extent this results in decisions that produce legal or similarly significant effects.
5. Opt-out of tracking for targeted advertising purposes. You can opt-out of tracking for targeted advertising purposes.

If you are a California resident, you may be entitled to additional specific rights. For more information, please review Section 9 – Your California Privacy Rights.

If you would like to discuss or exercise such rights, please contact us by submitting a request to WorkJam’s Privacy Officer using the contact information set out under Section 10 – How to contact us.

8. WorkJam’s Policy Towards Children Privacy:

Our Services are not directed to persons under 13 and we do not knowingly request or collect Personal Information from children under 13. If you become aware that your child has provided us with Personal Information without parental or legal guardian consent, please contact us at privacy@workjam.com. If we become aware that a child under 13 has, unknowingly to us, provided us with Personal Information without verifiable parental or legal guardian consent, we take steps to remove such information and terminate the child’s account. Separately, if you are located in Quebec, our Services are not directed to individuals under the age of 14, and we will only collect Personal Information from a Quebec resident under 14 with the consent of a parent or legal guardian, except as otherwise permitted by law.

9. Your California Privacy Rights:

This section provides additional details about the Personal Information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA,” as amended by the California Privacy Rights Act or “CPRA”.

California law requires that we detail the categories of Personal Information that we collect and disclose for certain “business purposes,” such as to service providers that assist us with securing our services or marketing our products, and to such other entities as described in earlier sections of Privacy Policy. In addition to the information provided above in Section 2 – How, why and what Personal Information WorkJam collects, we collect the following categories of Personal Information from you, your employer and third-party service providers for our business purposes:

• Identifiers/contact information;
• Internet or electronic network activity information;
• Geolocation information;
• Professional or employment-related information;
• Audio and visual data;
• In limited circumstances where allowed by law, information that may be protected under California or United States law; and
• Inferences drawn from any of the above categories.

We collect and share this information for the business and commercial purposes described in the Section 2 – How, why and what Personal Information WorkJam collects. WorkJam does not sell (as such term is defined in the CCPA or otherwise) the Personal Information we collect (and will not sell it without providing a right to opt out). We may also allow third parties to collect Personal Information from our sites or Services if those third parties are authorized service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information, or if you use our sites or Services to interact with third parties or direct us to disclose your Personal Information to third parties.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of Personal Information we collect (including how we use, disclose, or may sell this information), to delete their Personal Information, to opt out of any “sales”, to know and opt out of sharing of Personal Information for delivering advertisements on non-WorkJam websites, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at privacy@workjam.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents must submit proof of authorization.

10. How to contact us:

WorkJam has designated a Privacy Officer, who acts as WorkJam’s data protection contact point (including, where applicable, WorkJam’s Data Protection Officer under the EU and UK GDPR and the person in charge of the protection of personal information under Quebec’s Act respecting the protection of personal information in the private sector) who must ensure compliance with this Privacy Policy and applicable privacy laws. If you have any concerns, questions, requests or complaints about this Privacy Policy or the processing of your Personal Information, please contact our Privacy Officer by email at privacy@workjam.com, or by mail at:

Legal department, c/o Privacy Officer
WorkJam Inc.
740 rue Notre-Dame O., #405
Montreal, Quebec, H3C 3X6
Canada

Should you be a European or UK resident, you may also contact WorkJam’s Article 27 representative (UK GDPR / EU GDPR) by email at privacy.europe@workjam.com or by mail at:

WorkJam Inc.
UK representative under Article 27 of the UK GDPR:
c/o UK Privacy Officer
44 Southampton Buildings
London, WC2A 1AP

WorkJam Inc.
EU representative under Article 27 GDPR:
c/o EU Privacy Officer
Calle Mollina Nr. 8, La Cala de Mijas
29649 Mijas Costa
Malaga, Spain