Welcome to the FieldClock Privacy Policy

There are many different ways you can use our Platform, as either an Employer or an Employee. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. This is important; we hope you will take time to read it carefully. Please also review the Terms of Use which governs your use of the Platform. Please note that certain features or services discussed in this Privacy Policy may not be offered through the Platform at all times.

Last modified and effective: July 1, 2021

This Privacy Policy applies to websites, applications and other interactive features and online services owned or operated by FieldClock, LLC ("FieldClock") and that post or include a link to this Privacy Policy (collectively, the "Platform").

Table of Contents

INFORMATION WE COLLECT

We collect information to provide our Platform to all of our users - from figuring out basic stuff like which language you speak, to more complex things like determining which farm you are currently located at. Note that if you are an Employee, your Employer will have access to the information we collect from and about you as you use the Platform.

We collect information from you directly, automatically when you visit the Platform, and sometimes from third parties. Some of this information may be considered "personal information" under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as contact information), and we treat additional information, including IP addresses and cookie identifiers, as "personal information" where required by applicable law. And, if we combine information we consider to be non-personal with personal information, we will treat that combined information as personal information under this Privacy Policy and as required by law. Note that we may de-identify personal information so that it is non-personal, such as aggregating it or converting it to a code, sometimes using a function commonly known as a "hash". We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.

Our Platform is intended for a general audience and not intended for use by or targeted to minors younger than the age of 18. We do not knowingly collect personal information from minors younger than the age of 18.

We collect information in the following ways:

Information You or Your Employer Give Directly To Us

We may ask you to provide us with information about yourself or other people in your company, such as contact information (names, postal address, email address, telephone number), demographic information (gender, date of birth or similar information), and employment-related information (Employee IDs, ID photos, work site, hours worked, Employee output/productivity, employment certifications and skillsets).

If you are an Employee using the Platform, your Employer or your manager may provide us with this information about you. If you disclose any personal information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Location information

When you use the FieldClock Platform, we may collect and process information about your specific location if you have opted in to such collection through our mobile application(s). For certain features of the Platform, collection of information about the device you are using are necessary for the features to function.

Location permissions are tied to an individual device. If you are sharing a device with another person from your company, they may have already opted in to collection of location information. You can change location permissions by checking the settings on the device, however your Employer may require that location information collection be enabled on the device you use to access the Platform.

We use various technologies to determine location, including IP address, GPS, and other sensors.

You may be able to turn off the collection of location information through the settings on your device. However, please note that we may still be able to collect or infer your approximate location through other information we collect, such as IP address. In addition, some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the device used to access the Platform.

Information We Get Automatically from Use of our Platform

We and our third party business partners (including any third party content, advertising, and analytics providers) may use a variety of technologies that automatically or passively collect certain information about your use of the Platform whenever you visit or interact with the Platform ("Usage Information").

Usage Information may include:

  • Device information: We collect device-specific information (such as your hardware model, browser, operating system version, and unique device identifiers). FieldClock may associate your device identifiers with your individual FieldClock Account and your company's FieldClock Account.
  • Log information: When you use our Platform or view content provided by FieldClock, we automatically collect and store certain information in server logs. This includes:
    • details of how you used our service and all areas within our Platform that you visit, such as which jobs you view.
    • Internet protocol address or other unique identifier ("Device Identifier") for your computer, mobile phone, or other device used to access the Platform.
    • device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of when you interact with the Platform, and the URL or advertisement that referred you to the Platform, the search terms you entered into a search engine that led you to our Platform.
    • cookies that may uniquely identify your browser or your individual FieldClock Account.

The methods used to collect Usage Information may include the following:

Local Storage. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Cookies and Log Files. Cookies are small data files placed on a device when it is used to access the Platform or otherwise access our online content. We use both session and persistent cookies (which remains on your computer after the browser has been closed). Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. You can find more information about cookies and how they work at www.allaboutcookies.org.

If you choose to disable cookies, or to otherwise restrict local storage, some features of the Platform may not function properly.

Web Beacons. We may use web beacons (small graphic images or other web programming code, also known as "1x1 GIFs" or "clear GIFs" or "pixel tags") and similar technologies on our Platform and within our communications to you. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. Web beacons or similar technologies may be used for a number of purposes, such as to count visitors to the Platform, to monitor how users navigate the Platform, to count how many e-mails that were sent were actually opened or to count how many particular links were actually viewed and to improve your experience on the Platform. Our web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon).

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Platform, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Platform, and is deactivated or deleted thereafter.

In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

Information Provided by Third Parties

We may receive information about you from third parties. For example, if you are on another website and agree to receive information from FieldClock, that website may share information with us so that we may contact you. We may also supplement the information we collect with outside records from third parties, such as public databases, publicly available social media pages, joint marketing partners, and third parties who enhance the information we have about you. We may combine the information we receive from third parties with information we collect through the Platform. In those cases, we will apply this Privacy Policy to the combined information. Note that any information you provide directly to a third party is subject to the third party's privacy practices and policies.

User Content Submissions

The Platform may allow you to upload, submit, store, send, or receive content through the Platform ("User Content"). Any User Content you submit is subject to our Terms of Use.

Note that anything you choose to post through the Platform may be accessible to your Employer and other users within your organization—others will have access to your User Content and may share it with third parties. If you choose to voluntarily disclose personal information, that information may be considered public information and the protections of this Privacy Policy will not apply.

If you submit User Content by any means, unless we otherwise state, the User Content may be used by FieldClock as set forth in our Terms of Use.

HOW WE USE INFORMATION

FieldClock may use information collected through the Platform (including your Personal Information and Usage Information) in order to: (1) provide the Platform and related services; (2) to personalize and improve your user experience and the overall quality of our Platform, for example, by saving your language preferences to have our Platform appear in the language you prefer; (3) process information you provide via your account registration with the Platform, including verifying that your email address is active and valid; (4) process payments; (5) provide customer service, including by keeping a record of your communication to help solve any issues you might be facing; (6) to tailor and target content to you, such as showing jobs available near your current location; (6) facilitate your job search via the Platform and prepare related governmental and internal statistics reports; (7) to communicate with you about our products and services (including marketing messages) and transactional messages regarding your use of our Platform (such as letting you know about upcoming changes or improvements, responding to you when you contact us, or other administrative communications, including, in our discretion, changes to our Privacy Policy, Terms of Use, or any of our other terms or policies); (8) if you are an Employee and request access to certain features of Platform (such as the Employee portal), to send you text messages with a login code; (9) to protect FieldClock, our Platform, and our users from errors, misuse of the Platform, fraud, or any criminal activity and to detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Platform; (10) for internal business purposes, such as to improve our Platform; or (11) as disclosed at the time you provide your information or otherwise with your consent.

HOW WE SHARE INFORMATION

FieldClock may share non-personal information, such as Usage Information, aggregated, or de-identified user statistics, with third parties in our discretion. We do not share personal information with unaffiliated third parties for those third parties' own direct marketing purposes. We may share information we have collected about you, including personal information, as disclosed at the time you provided your information or otherwise with your consent, and in the following circumstances:

With your Employer and Associated FieldClock Accounts.

Note that our relationship is with your Employer. If your Employer has set up an account for you or otherwise granted you access, your Employer will have access to the information we collect, including when you clock in and clock out of work, your location, and other ways you use the Platform. In addition, if you are an Employer, we share information we collect from you or your Employees who use the Platform with other users associated with your business' FieldClock Account in accordance with the access permissions associated with each Account. For example, through the Platform, account administrators will have access to productivity, location, and other information about Employees.

We require opt-in consent for the sharing of any sensitive personal information.

Third Parties Providing Services on our Behalf.

We may share information with third parties who perform services on our behalf, such as website hosting, processing information, customer service, sending email or other communications, processing payments, providing marketing assistance and data analysis (including assessing your interest in our products and services or conducting customer research/satisfaction surveys), and performing other services, and performing other services. We may provide access to your personal information to such service providers in order for them to perform these services, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

We will share personal information with companies, organizations or individuals outside of FieldClock if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: meet any applicable law, regulation, legal process or enforceable governmental request; verify or enforce applicable Terms of Use or similar policies, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; and protect against harm to the rights, property or safety of FieldClock, our users or the public, such as for fraud prevention. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies, in our discretion.

Business Transfers.

In the event FieldClock is involved in a transition such as being sold, having all or a portion of its assets acquired or transferred, whether voluntary or involuntary (such as through bankruptcy), or any mergers, acquisition or asset sale (including, without limitation, during the course of any due diligence process), any customer information owned or under the control of FieldClock will likely be one of the transferred assets. We reserve the right, as a part of this type of transaction, to assign or otherwise transfer your information and other information we have collected from users of the Platform. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent.

THIRD PARTY ADVERTISING AND ANALYTICS COMPANIES AND SIMILAR THIRD PARTIES

FieldClock works with (or may in the future work with) network advertisers, ad agencies, analytics partners, service providers, and other vendors to provide us with information regarding traffic on the Platform (including pages viewed and the actions taken when visiting the Platform), to serve our advertisements elsewhere online, and to provide us with information regarding the use of the Platform and the effectiveness of our advertisements. Third parties may collect certain information about your visits to and activity on the Platform and other websites and services and may use this information to target advertising to you.

These third parties may set and access their own tracking technologies on your device (including cookies and web beacons) and may otherwise collect or have access to information about you, including Usage Information. Some of these parties may collect personal information over time when you visit the Platform or other online websites and services. Cookies and web beacons, including those set by third-party network advertisers, may be used to (among other things): target advertisements, prevent you from seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you. We may share information, typically information that has been hashed or otherwise de-identified, Usage Information, location information, and information about your use of our Platform with third-party advertising companies, analytics providers and other vendors for similar purposes.

While we may use a variety of third parties to perform advertising services, some of these companies are members of the Network Advertising Initiative ("NAI") or the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program. You may also be able to opt-out from interest based advertising on your mobile device through your mobile device settings.

Please note that these companies may still collect information when you are online and opting out through these mechanisms does not opt you out of being served advertising. You will continue to be served generic ads while online.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, FieldClock currently does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser except as specifically required by law. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

SECURITY

FieldClock uses commercially reasonable security measures to help secure your personal information. However, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Platform and provide us with information at your own initiative and risk.

THIRD PARTY LINKS AND CONTENT

Our Privacy Policy only applies to all of the Platform offered by FieldClock. The Platform may link to or incorporate websites or content hosted and served by third parties over which we have no control and which are governed by the privacy policies and business practices of those third parties. Our Privacy Policy does not apply to your interactions with other companies or individuals, including sites that may include the FieldClock Platform, or other sites linked from our Platform. FieldClock is not responsible for the privacy practices or business practices of any third party.

USERS RESIDING OUTSIDE OF THE UNITED STATES AND CONSENT TO TRANSFER

FieldClock is a United States company and we operate the Platform from the United States. If you are located outside the United States, please be aware that information we collect will be transferred to and processed in the United States or other jurisdictions around the world. By using the Platform, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States and other jurisdictions where the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. In certain circumstances, your personal information may also be subject to access by and disclosure to law enforcement agencies under the applicable foreign legislation.

YOUR CHOICES

Employers can contact us at support@fieldclockapp.com to correct or update personal information provided to us through the Platform. If you are using the Platform as an Employee, please contact your Employer to request changes to information.

You may have the opportunity to opt in to receive marketing or Platform related emails, text messages, and/or push notifications. You can unsubscribe from marketing emails by following the instructions within one of our marketing emails. Note, however, that if you opt-out of receiving marketing emails, we still reserve the right to send you certain email communications relating to your account or use of the Platform, such as administrative and service announcements (e.g., account verification, change or updates to features of the Platform, technical and security notices, notices of changes to this Privacy Policy or applicable Terms of Use or similar administrative or transactional messages). These transactional account messages may be unaffected if you choose to opt out of from receiving marketing email communications.

If you sign up to receive recurring SMS or MMS messages that may be offered through the Platform, you may unsubscribe from any text messages received by replying "STOP."

If you access the Platform through our mobile application(s), we may, with your permission, send push notifications to your device, and may in some cases do so based on your device's physical location. You may opt-out of receiving these at any time by turning push notifications off in your device settings. Push notification preference are tied to a specific device, not an individual FieldClock Account.

CHANGES TO THIS PRIVACY POLICY

To the extent allowed by applicable law, FieldClock may update or supplement this Privacy Policy from time to time. We will notify you of material changes by posting the changed or modified Privacy Policy on the Platform. Any changes will be effective upon posting unless otherwise indicated. We may also notify you in other ways, such as by email, in our discretion. Your continued use of the Platform after the effective date of the revised Privacy Policy (or other act as specified in the revised Privacy Policy) will constitute your consent to those changes to the fullest extent allowed by applicable law. In the event that there are material changes to the way we treat previously collected personal information, we will provide notice and obtain your consent (opt-in or opt-out), if required by law. Note that you may need to consent to our new policy in order to continue to use the Platform.

CONTACT INFORMATION

If you have any questions about this Privacy Policy, or more information about our privacy practices, please contact us at support@fieldclockapp.com.