Version 1.0 • Updated on Feb 24, 2022
1. Minors and Children
The Platform is not intended for use by children under the age of 18, and we do not knowingly collect Personal Information from children under the age of 16. If we learn we collected Personal Information from a child under 16 we will delete that information from our files.
2. Personal Information We Collect
We may collect information reasonably capable of identifying you as an individual (“Personal Information”). Personal Information does not include anonymous or aggregate information that does not identify you as an individual.
We collect Personal Information from various sources, including directly from you when you provide it to us, automatically as you use the Platform, and from other third parties, for example, our business partners and other providers who may provide background and other verification services for your use of the Platform as talent.
2.1 Information You Provide to Us
We collect the following types of Personal Information directly from you when you create an account or otherwise fill out a form on our Platform. We also collect Personal Information directly from you through records and copies of your correspondence with us when you contact us, details of transactions you carry out through our Platform.
- Creating a Company Account: If you create an account on the Platform as an authorized user for your company (“Company Account”), we collect your full name, billing address, phone number, email address, and banking or financial account number.
- Creating a Talent Account: If you create an account on the Platform as an Independent Contractor, we collect your full name, work address, phone number, government-issued ID number (including social security number), email address, date of birth, national origin, citizenship, banking or financial account number, profile picture, IP, Linkedin Profile, You may elect to provide biographical and mental health information.
- Corresponding with Us: We may collect records and copies of your correspondence if you contact us, as well as your responses to surveys that we might ask you to complete for research purposes.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Platform or transmitted to other users of the Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform 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.
2.2 Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Platform, we may use automatic data collection technologies to collect certain Personal Information about your interaction with the Platform, including information about your equipment, browsing actions, and patterns:
- Details of your visits to the Platform. This includes: browsing history, search history, traffic data, location data, logs, referring/exit pages, date and time of your visit to the Platform, error information, clickstream data, and other similar communication data and the resources that you access, use, or otherwise interact with on the Platform; and
- Information about your computer and internet connection, i.e., your IP address, operating system, and browser type.
The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Platform and to deliver a better and more personalized service by enabling us to:
- estimate our audience size and usage patterns;
- store information about your preferences;
- customize the Platform according to your individual interests;
- speed up your searches; and
- recognize you when you return to the Platform.
3. What We Do With Personal Information We Collect
We use the Personal Information we collect to:
- Provide and personalize the Platform and its content to you;
- Support, develop, troubleshoot, and debut the Platform and our related products and services;
- Allow the user to participate in the interactive features of the Platform;
- Maintain, customize, and secure your account (including notices about subscriptions, expiration, and renewals, if applicable);
- Process your requests, purchases, transactions, and payments and/or to prevent transactional fraud;
- Inform you about products, services, news, or promotional opportunities we think might interest you;
- Provide you with critical updates, confirmations, or security alerts;
- Provide support or respond to your comments or questions (including to investigate and address concerns and monitor/improve responses);
- Personalize and improve your experience;
- Conduct internal testing, research, analysis, and product development, including to develop and improve the Platform;
- Maintain the safety, security, and/or integrity of the Platform, services, databases, and other technology assets;
- Perform services on behalf of a third party; and
With your consent, we may also use your information to contact you about our own and third-parties` goods and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by logging into the Platform and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request at firstname.lastname@example.org.
4. When We May Share Personal Information
We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose your personal information:
- To our subsidiaries and affiliates;
- To other users of the Platform when you make your information public or otherwise request us to as part of your use of the Platform;
- To contractors, service providers, and other third parties we use to support our business, including IT and other infrastructure support services, and providers of investigative reports that we obtain as part of a background check for independent contractors;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the Personal Information; and
- With your consent.
We may also disclose your Personal Information:
- 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 Olby’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred;
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of olby, our customers, or others.
We do not control the collection and use of your Personal Information collected by these third parties. When possible, these organizations are under contractual obligations to use this Personal Information only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
5. Choices About How We Use and Disclose Your Personal Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:
- Promotional Offers from Olby. We will only use your contact information to promote our own or third parties` products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Information. If you wish to change your choice, you may do so at any time by logging into the Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to email@example.com. If we have sent you a promotional email, you may click the unsubscribe link in the body of that email to be omitted from future email distributions. This opt out does not apply to information provided to Olby as a result of your request for service or communications related to service experience or other transactions related to your use of the Platform.
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 learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info).
6. Accessing, Correcting, and Deleting your Personal Information
You can review and change your Personal Information by logging into the Platform and visiting your account profile page.
You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change your Personal Information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
7. Jurisdiction-Specific Privacy Rights
7.1 Your GDPR Privacy Rights
If you are a resident of the European Economic Area, Switzerland, or the United Kingdom, you have the additional rights described in our GDPR Privacy Addendum.
8. Do Not Track Signals
Some web browsers or smartphones can set “Do Not Track” requests to block user activity from being tracked across web pages or devices. Our Platform incorporates certain technology designed to honor such signals and some similar mechanisms that may be sent by your browser or device and we may limit the information be collect and how we use that information based upon whether such a signal is transmitted by your browser or device and received by us.
9. Data Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
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 Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform like message boards. The information you share in public areas may be viewed by any user of the Platform.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
10. Consent to Processing of Personal Information in the United States
In order to provide the Platform and our related services to you, we may send and store your Personal Information outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Information. Your Personal Information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using the Platform, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Information outside the country where you reside or are located, including in the United States.
Your Personal Information is transferred by Olby to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Information. To ensure your Personal Information is treated in accordance with this Policy when we transfer it to a third party, Olby uses Data Protection Agreements between Olby and all other recipients of your Personal Information.
11. Changes to this Policy
Our commitment to preserving your privacy will not change, but our Platform may evolve, and we may make changes to this Policy at any time. The effective date this Policy is identified above. It is our policy to post any changes we make to this Policy on this page. When we make such changes, we will notify you by email to the email address specified in your account.
Your continued use of our Platform following the posting of changes constitutes your acceptance of such changes.
If you have General Data Privacy Regulation (GDPR) Addendum, concerns, complaints, or suggestions regarding this Policy or how we treat your Personal Information, have any requests related to your Personal Information pursuant to applicable laws, or otherwise need to contact us, please contact us at email@example.com or at Olby; 12890 Cross Point Drive; Frisco, TX 75033.
13. General Data Privacy Regulation (GDPR) Addendum
14. Data Controller, Data Protection Officer, and Representative
Olby is generally the data controller of your Personal Information. At this time, Olby is not required to appoint a Data Protection Officer or representatives in either the European Union or the United Kingdom and has elected not to do so. Olby may be contacted in any manner set forth below.
15. Information We Collect About You and How We Collect It
16. Lawful Basis for Processing Your Personal Information
The processing of your Personal Information is lawful only if it is permitted under the GDPR. We have a lawful basis for each of our processing activities (except when an exception applies as described below):
- Legitimate Interests. We will process your Personal Information as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Information if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Olby and you; detect and correct bugs and to improve the Platform; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; check your background and perform risk assessments; and develop our product and services;
- To Fulfill Our Obligations to You under our Contract. We process your Personal Information in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you; and
- As Required by Law. We may also process your Personal Information when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
17. Special Categories of Information
Olby does not ask you to provide, and we do not knowingly collect, any special categories of Personal Information from you.
18. Automated Decision Making
Olby does not use your Personal Information with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.
19. How We Use Your Information
20. Disclosure of Your Information
21. Your Rights Regarding Your Information and Accessing and Correcting Your Information
- Access and Update. You can review and change your Personal Information by logging into the Platform and visiting your account profile page. You may also notify us through the contact information below of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
- Restrictions. You have the right to restrict our processing of your Personal Information under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Information is determined to be unlawful, or if we no longer need your Personal Information for processing but we have retained it as permitted by law.
- Portability. To the extent the Personal Information you provide Olby is processed based on your consent and that we process it through automated means, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Information in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Information to another controller, when technically feasible.
- Withdrawal of Consent. To the extent that our processing of your Personal Information is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Information.
- Right to be Forgotten. You have the right to request that we delete all of your Personal Information. We cannot delete your Personal Information except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Information or after a final determination that your Personal Information was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Information as set forth in this policy. In addition, we cannot completely delete your Personal Information as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
- Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
- How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below and through the live chat feature of the Platform. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Information, you may be charged a fee subject to a maximum set by applicable law.
22. Consent to Processing of Personal Information In Other Countries Outside the European Economic Area or the United Kingdom
In order to provide the Platform, products, and services to you, we may send and store your Personal Information outside of the EEA or the United Kingdom, including to the United States. Accordingly, your Personal Information may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Information. Your information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using the Platform, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Information outside the country where you reside or are located, including in the United States.
23. Data Retention Periods
Olby will retain your Personal Information for the entire time that you keep your account open. After this period, we may retain your Personal Information for two (2) years, or for any of the reasons listed below, whichever is longer:
- for as long as necessary to comply with any legal requirement;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
24. Changes to This GDPR Privacy Addendum
We may change this GDPR Privacy Addendum at any time. It is our policy to post any changes we make to our GDPR Privacy Addendum on this page. If we make changes to this GDPR Privacy Addendum, we will notify you by email to the email address specified in your account. The date this GDPR Privacy Addendum was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Platform and this GDPR Privacy Addendum to check for any changes.
25. Contact Information