Nowsta Privacy Policy

Nowsta, Inc. (“Nowsta”), has a Platform of web and device based software applications (the “Platform”) designed to provide an online communications and logistics platform that enables Employers to manage their workforce and understand their operations. Nowsta is committed to maintaining your privacy. This privacy policy (“Privacy Policy”) covers how we collect, use, and treat personal information that we may collect (from you or your Employer) through our Platform pursuant to our agreement with your Employer. The terms “you” and “your” refer to any employees of our client-Employers (“Employees”) who participate in and/or benefit from the services provided in connection with our Platform (the “Services”). The terms “Nowsta,” “we” and “us” refer to Nowsta, Inc.

1.Relationship with Your Institution. Nowsta enters into relationships with employers (“Employers”), whereby Nowsta agrees to provide scheduling, timekeeping, payroll, and other employee-management services for the Employer (a “Services Agreement”). If your Employer has entered into a Services Agreement with Nowsta, then you are eligible to use our Platform and participate in our Services.

2.Your Consent. Please read this Privacy Policy carefully; once you consent to this Policy's terms, it creates legal obligations on you and on Nowsta. We ask you to show your consent to the terms of this Privacy Policy in different ways, depending on your relationship to the Platform. The procedures for consenting to this Policy are (a) less formal if you do not intend to visit and use the software applications that comprise the Platform (a “Unregistered Employee”) and (b) more formal if you are seeking to use the Platform (a “Registered Employee”).

2.1. Consent by Registered Users. If you register as a user of our Platform, you will be prompted to click an "I Accept" button linked to this Policy during the registration process. Clicking "I Accept" confirms your consent to the terms of this Privacy Policy.

3.Our Platform. Our Platform is comprised of the following software applications:

3.1. Employee Mobile Application. The employee mobile application (the “Employee App”) is a software application for mobile devices in which you can log onto our Platform to view and edit your profile, review your schedule and hours worked, view payment history, and utilize other features and services we may provide.

3.2. Employer Desktop Application. The Employer desktop application (the “Desktop App”) is a software program that the Employer uses to (i) provide information to Nowsta regarding its Employees, and (ii) otherwise manage its relationship with Employees.

3.3. Nowsta Website Engine. The Nowsta website application (the “Web App”) is an online version of the Desktop App for the Employer.

3.4. Nowsta Back-End Database. The Nowsta back-end database (the “Database”) is Nowsta’s back-end software that processes, stores and maintains the information provided by Employers in order to provide the Services. Employees and Employers do not have direct access to the Database.

4. The Types Of Information You May Provide. Information you may provide to your Employer (which your Employer may, in turn, provide to Nowsta), and to Nowsta acting on behalf of your Employer, falls into two broad categories: (i) personally identifiable information, and (ii) aggregate information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, photograph, telephone number or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, your use of our Platform and associated Services, including the aspects of our Employee App that Employees use most frequently.

5. Personally Identifiable Information; Our Uses Of This Information. Pursuant to our agreement with your Employer, we will not share your Personally Identifiable Information that we receive in connection with the Platform with third parties, other than as expressly disclosed in this section. We collect information from Employers and Employees at different points through our Platform and through our Services, and use this information as follows, as directed by your Employer:

5.1. Employee List. When your Employer first enters into a Services Agreement with Nowsta, the Employer provides Nowsta a list of its Employees (an “Employee List”). The Employee List includes your contact information, bank information, and other information relating to your intended schedule that will help us in connection with managing work schedules and managing payroll for your Employer. Employers own their Employee Lists and we will only use the Employee Lists in connection with providing our Services.

5.2. Employer Updates. Throughout our relationship with your Employer, your Employer will provide us with updates to Employee information. Such updates may include information regarding new Employees, updates to contact and bank account information for existing Employees, and other information that enables Nowsta to provide the Services.

5.3. Registration Information; User Names. In order to use the Employee App, we require that you complete a registration form so that you are a Registered Employee. Our registration forms will specify the information which you must provide in order for us to confirm your status as an Employee, which may include such items as (i) name; (ii) mailing address; (iii) birth date; and (iv) email address. Our registration forms may additionally request information, which you may, at your option, choose to provide or withhold. The registration process provides Registered Employees with a user name and password, which allows them to gain access to the Employee App. This information is used by Nowsta solely for internal purposes in providing the Services.

5.3.1. Protecting Your Password. Please be careful to keep your password private. Please refer to our Terms and Conditions of Use regarding suggestions for protecting your password.

5.4. Changing Employee Information. If you are a Registered Employee, you can edit the information in your profile via the Employee App, including your contact information and bank account information. If you are not a Registered Employee, your Employer can update your information on your behalf.

5.5. Email Addresses. Registered Employees may wish to provide us with comments and feedback concerning our Platform generally. By communicating with us for these purposes, you may provide us with Personally Identifiable Information. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information.

5.6. Questionnaires and Surveys. Our Platform may allow Registered Employees to participate in surveys and/or questionnaires, which we may post via the Platform from time to time. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personally Identifiable Information. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information. Survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of our Platform.

5.7. Event Day Notices. At the request of your Employer, we may send (i) reminder notifications to you ahead of your scheduled workdays (“Reminder Notifications”); (ii) notices requesting additional staffing for events in your area (“Staffing Requests”). We may provide such notifications through email, text message, or through the Employee App.

5.8. Informational Notices and Bulletins. Periodically, pursuant to our Services Agreement with your Employer, we may choose to send news, bulletins, marketing materials, or other information to Employees, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 9 (Changing or Removing Information; Opting Out).

5.9. Blogs, Message Boards. We may offer a blog or message board system on our Platform and you may choose to participate in an online discussion or to provide online comments. Any comments you contribute to the online dialogue, however, become public immediately and any Personally Identifiable Information you disclose becomes available to the other participants in the discussion. Our Privacy Policy does not cover the information you disclose in such online discussions on our Platform. You should, therefore, use discretion in what you submit to these exchanges.

5.10. Extent of Information Collected. Nowsta does not collect any more Personally Identifiable Information than reasonably necessary to provide the Services pursuant to our Services Agreement with your Employer.

6. Anonymous, Aggregate Information. We use Anonymous Information to analyze the effectiveness of our Platform, to improve our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services. We may collect Anonymous Information through features of the software that supports our Services, through cookies, and through other means described below.

6.1. IP Addresses; Logs. Nowsta may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your mobile device), your mobile device's name, the type and version of your web browser, referrer addresses and other generally- accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Platform is being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information.

6.2. Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a Platform's computers and stored on your mobile device's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a Platform upon a future visit. We may include cookies on our Platform and use them to recognize you when you return to our Platform. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

6.3. Tags. We may use so-called "pixel tags" — small graphic images (also know as "web beacons" or "single-pixel GIFS") — to tell us what parts of our Platform have been visited or to measure the effectiveness of Employee activity on our Platform. Pixel tags also enable us to send email messages in a format Employees can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Employees. None of this data includes Personally Identifiable Information, and you can "opt-out" of receiving these types of emails from us by following the directions provided in Section 9 (Changing or Removing Information; Opting Out). If any Personally Identifiable Information is collected using such tools, it will be subject to the terms of this Privacy Policy.

6.4. Click-Throughs. We may send email messages, which use a “click-through URL” linked to content on our Employee App. When you click one of these URLs, you pass through our web server before arriving at the Employee App. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our Employee communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 9 (Changing or Removing Information; Opting Out).

6.5. Computer Configuration. In order to determine whether your mobile device is supported by our system, we may collect certain Anonymous Information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Platform may require to operate with your mobile device, or other third party software on your mobile device. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

6.6. Geolocation Information. In order to provide Staffing Requests, the Employee App may utilize the GPS feature on your mobile device to determine your location (your “Geolocation Information”). You must enable the GPS/location services for the Employee App on your mobile device in order for this feature of the Platform to function effectively. To the extent your Geolocation Information is combined with any Personally Identifiable Information, we will treat it as Personally Identifiable Information under this Privacy Policy. We may use your Geolocation Information to determine your proximity to an event in order to provide Staffing Requests on behalf of your Employer.

7.Any Information Linked With Your Personally Identifiable Information Is Protected As “Personally Identifiable Information.” To enable us to better understand the characteristics of our Registered Employees and/or to provide services tailored to your needs, we may link (a) the Personally Identifiable Information you have provided; with (b) Anonymous Information. If we combine or link any Anonymous Information or other information with your Personally Identifiable Information, the resulting combination will be treated and protected as Personally Identifiable Information under this Privacy Policy. Accordingly, no unrelated third parties will have access to this information, and any of our service providers who are granted access to this information will be bound to protect it in accordance with this Policy.

8.We Do Not Disclose Platform-Directed, Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions. We will not disclose your Personally Identifiable Information collected by Nowsta on behalf of your employer to unaffiliated third parties without your express consent, except in the following limited circumstances:

8.1. Nowsta Platform Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Platform, providing services related to the Platform, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, "Platform Vendors"). We will provide Platform Vendors with only that information necessary to perform their functions, and we will not allow them to use your Personally Identifiable Information for any other purpose.

8.2. Question of Harm. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (a) that you are in risk of harm from another, or (b) that you are harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our Terms and Conditions of Use or otherwise violating legal rights.

8.3. Legal. Nowsta will reveal your Personally Identifiable Information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

8.4. Transfer of Services. Nowsta shall be entitled to transfer to a third party information it collects, including any Personally Identifiable Information, in connection with a sale of all or substantially all of the assets of Nowsta, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

9.Changing or Removing Information; Opting Out.

9.1. Discretionary Account Information. To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted.

9.2. Opt-Out.If we choose to send to you bulletins, updates, or other unsolicited communications that are marketing-related materials, we will provide you with the ability to decline -- or “opt-out of” – receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to "opt–out" of Reminder Notifications, Staffing Requests, communications requested by your Employer, or formal notices concerning operation of this Platform, or legal and other related notices concerning your relationship to the Platform.

9.3. Deleting Information. Finally, if you would like Nowsta to remove your information from its Platform, you must submit your request through your Employer. Once Nowsta receives the request from your Employer, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Platform and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.

10. Security. We have put in place security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information you provide to us, and we take all reasonable steps to secure and safeguard this Information. Our password-protected Employee App requires Employees to give us unique identifiers such as their user name and password. Nowsta employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Additionally, we ensure that Nowsta’s Platform Vendors’ security policies are at least as protective of your information as our policy. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.

Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to Nowsta. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

11.Notice of Security Incident. If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an "Intrusion"), we will (i) notify effected users of the Intrusion if the information at issue is sensitive, in our discretion, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each effected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.

12.Participation by Children and Teens; Advisory. Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR PLATFORM OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR PLATFORM AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age.

13.Notification of Changes. From time to time, Nowsta may change its Privacy Policy. If we make any material changes regarding our use or disclosure of Personally Identifiable Information to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect. We will post notice of the new Policy from the privacy link on our Platform. With respect to Registered Employees, no such changes will take effect unless and until you have provided us with your consent to such changes, in accordance with Section 2.1, above

14.Relationship to Terms of Use and Other Contracts. This Privacy Policy must be read in conjunction with our Terms and Conditions of Use, and the provisions of our Terms and Conditions of Use are incorporated herein. To the extent the Terms and Conditions of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

15.Further Resources. If you wish further information concerning privacy policies in general, you should visit the following site:

http://www.ftc.gov/privacy/index.html

16. Contact Us

If you have any questions about this Privacy Policy, the practices of Nowsta, or your dealings with the Platform, please contact us at:

support@nowsta.com

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Copyright ©2014 Nowsta, Inc.. All Rights Reserved.

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