Privacy Policy

Effective day 25 May 2018

 

As used in this Privacy Policy (“Policy”), “Liveforce,” “us” and “we” refers to Liveforce Ltd. For the purposes of this Policy, the term, “Websites”, shall refer collectively to, including without limitation www.liveforce.co, app.liveforce.co, admin.liveforce.co and any successor URLs, mobile or localised versions and related domains / subdomains (“Websites”) and/or our mobile application (“App”) and / or our admin platform (“Platform”), in each case in whatever format they may be offered now or in the future. The Websites and Services are collectively referred to herein as the “Offerings.”

The term, “User”, shall refer collectively to, including without limitation visitors to a Liveforce Website, recipients of Liveforce communications, a customer of a Liveforce Service or a user of a customer’s Liveforce Service. If you are a User then except, as expressly set forth below, this Privacy Policy applies to your use of such Website or Service.

1. Our commitment

Liveforce has always made information security and customer privacy a top priority. On May 25, 2018, the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) replaced the 1995 EU Data Protection Directive (DPD) which significantly enhances the protection of the personal data of EU citizens and increases Liveforce’s obligations regarding lawful collection and processing of personal data.

We apply the principles of “Privacy by Design” and “Privacy by Default” and process just enough data to serve our customers, users, visitors to our website and individuals participating in our events in the best way possible. We process all personal data lawfully, fairly and in a transparent manner. All our employees receive education on how to handle data in order to comply with the GDPR and other regulations and applicable laws.

This Policy describes Liveforce’s information practices, data collection and usage practices with respect to personal data, in compliance with the GDPR and other regulations and applicable laws.

This Policy describes Liveforce in the role as a data controller of personal data. Liveforce’s role as a data processor is regulated by Liveforce’s Data Processing Agreement.

When Liveforce is the data controller, Liveforce decides the purpose and method of processing personal data. Liveforce is responsible for the data processed.

You can at any time opt-in to receive information from us as well as opt out when you desire. The possibility to opt out is presented in every communication you receive from us.

2. When do we process personal data?

We collect personal data about our Users, in particular, designated contact persons at our customers, in order to deliver our Services. The personal data includes contact information such as name, phone number, and email address.

We also collect personal data when you request information about Liveforce’s Services when you participate in events or sign up to receive newsletters, white papers and other material. We collect personal data such as name, phone number, email address, company name, title, country, and type of industry.

You may visit our website without registering or actively submitting personal data to us. If you do not register, we only collect information that your computer or other devices send to us in connection with access requests and via cookies and other technologies that we use to analyse and enhance your use of our Websites.

The type of personal data we collect by means of cookies and other technologies is described in Cookies Policy.

3. Why do we process personal data and based on what legal grounds?

Below are the purposes for which we process personal data.

Fulfilment of service delivery

If you are a User, we process personal data to identify you and to handle and deliver the Service according to our agreement. For example, we process personal data to ensure a secure operation of the service and to be able to provide adequate support and incident management. Also, we process personal data in order to handle invoicing and payments.

Lawful basis for processing:

  • Legitimate interest, i.e. we process personal data since we assess that our interest in fulfilling our obligations in accordance with the agreement that we have entered into with our customers overrides your interest of protection of your privacy.

Communication about our service

We process personal data in order to send our Users information about disturbances in our service. We also process personal data when sending information about, for example, new releases, changes in functionality in our service or when releasing new functionality.

Lawful basis for processing:

  • Legitimate interest, i.e. we process personal data since we assess that our interest in fulfilling our obligations in accordance with the agreement that we have entered into with our customers and communicating with our customers about our service and any information that pertains to our customers overrides your interest of protection of your privacy, and/or 
  • Consent, i.e. we process personal data as you have given and not withdrawn your consent or not chosen to opt-out to our processing.

Development of our service

We process personal data in order to further develop our service and operations. For this purpose, we might aggregate statistics for analytic needs. All personal data is anonymised.

Lawful basis for processing:

  • Legitimate interest, i.e. we process personal data since we assess that our interest in fulfilling our obligations in accordance with the agreements we have entered into with our customers and developing our service and operations overrides your interest of protection of your privacy.

Marketing

Liveforce process personal data for marketing purposes. This might include the processing of personal data for direct marketing purposes. This might entail that we have flagged your company as a potential customer that matches the target group of Liveforce. If you have a specific job role and can be considered a contact person for your company, we might store your contact information for a limited period of time that is further detailed below. Please note that you always have the right to opt-out of any marketing by way of email. If you have consented to such processing, for example at an event that is arranged by Liveforce or any third party with which we cooperate, we will not process your personal data if you have withdrawn your consent or chosen to opt-out.

Lawful basis for processing:

  • Consent, i.e. we process personal data as you have given and not withdrawn your consent or not chosen to opt-out to our processing, and
  • Legitimate interest, i.e. we process personal data since we assess that our interest in marketing our products and services to you overrides your interest of protection of your privacy.

Information security

We process data for the purpose of providing security for our service and systems. To detect or prevent different types of unlawful usage that violates our agreements. The data is also used to prevent abuse of the service and systems and to detect fraud, virus attacks etc.

Lawful basis for processing:

  • Legitimate interest, i.e. we process personal data since we assess that our interest of fulfilling our obligations in accordance with the agreements we have entered into with our customers and providing security for our service and systems overrides your interest of protection of your privacy.

Compliance with the law

We process personal data in order to comply with the law. We process your personal data to comply with our legal obligations under applicable law.

Lawful basis for processing:

  • Fulfilment of legal obligation, i.e. we process personal data in order to comply with our legal obligations.

Cookies and other technologies

For more information please see our Cookies Policy.

Safeguard our legal interests

We process your personal data in order to defend, establish or exercise any claims in case of a dispute regarding e.g. payment.

Lawful basis for processing:

  • Legitimate interest, i.e. we process personal data since we assess that our interest in safeguarding our legal interests overrides your interest in the protection of your privacy

4. For how long do we retain personal data?

Fulfilment of service delivery

If you are a User of a customer’s Liveforce Service, we will retain your personal data during the entire contract period between us and our customer.

Communication about our service

If you are a User of a customer’s Liveforce Service, we will retain your personal data during the entire contract period between us and our customer.

Development of our service

If you are a User of a customer’s Liveforce Service, we will retain your personal data during the entire contract period between us and our customer and 12 months thereafter. We only use anonymised and aggregated data for service development.

Marketing

If you are a User of a customer’s Liveforce Service, we will retain your personal data during the entire contract period between us and our customer. This is on the condition that you have not previously objected to direct marketing.

If you are a contact person for a company that has been flagged as a prospective customer and you have not given consent, we will retain your personal data for no longer than 24 months. This is on the condition that you have not previously objected to direct marketing.

If you have consented to us processing your personal data for marketing purposes when e.g. attending one of our events, we will retain your personal data for as long as you have not withdrawn your consent or objected to direct marketing.

Compliance with the law

We retain your personal data for as long as we are required in accordance with applicable law. In regards to e.g. invoicing, we are required to retain personal data for seven years.

Cookies and other technologies

For more information please refer to our Cookies Policy.

Safeguard our legal interest

In case of a dispute regarding e.g. payment, we retain your personal data as long as necessary for us to defend, establish or exercise any claims.

5. What information do we collect?

A. Information related to your interaction with Liveforce and the Offerings and communicating the Offerings

Registration and contact information

We collect information about you when you (a) register to use the Services and (b) otherwise provide contact information to us via email, mail, or through our Offerings. This information you provide may include your username, first and last name, email address, mailing address or phone number.

Payment information

When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information (“Payment Information”).

Technical, usage and location information

We automatically collect information on how you interact with the Offerings, such as the IP address from which you access the Offerings, date and time, information about your browser, operating system and computer or device, pages viewed and items clicked. We may also collect location information, including location information automatically provided by your computer or device. We use cookies and similar technologies to collect some of this information. For more information, please see Liveforce’s Cookie Policy.

Third Party platforms

We may collect information when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that you viewed or interacted with our content.

Other information

We may collect other information from you that is not specifically listed here. We may use any such information in accordance with this Privacy Policy or as otherwise permitted by you.

Lawful basis for processing:

  • Liveforce products work to help you better manage and communicate with your on-demand workforce. In order to do this, we have a legitimate interest to collect relevant data and send messages based on this information. We consider your privacy and data protection rights when we pursue our legitimate interests and ensure that the way our Offerings work don’t impact on those rights.

B. Customer Data

You may submit various types of information and data into the Services for hosting and processing purposes (“Customer Data”). Customer Data may include, without limitation, (a) billing information, personal information such as names, email addresses, and phone numbers, which information may be input into the Services by you, and (b) information contained in communications between you and workforce members using the chat and notifications features of the Services.

We will only use, disclose and otherwise process Customer Data for the purposes set forth in your agreement with us for the provisioning of the Services (“Customer Agreement”). Customers can review and sign our Data Processor Agreement as an addendum to our Terms.

Lawful basis for processing:

  • We process and store Customer Data to perform our Customer Agreement with you. Without this information, we wouldn’t be able to provide our Offerings to you. We also process Customer Data to pursue our legitimate interests by ensuring the smooth running of your Customer Agreement and to help you manage and communicate with your on-demand workforce. We consider your privacy and data protection rights when we pursue our legitimate interests and ensure that the way Offerings work don’t impact on those rights.

C. Workforce Data

If you are a registered workforce member with one of our customers, or directly with Liveforce, then the following information is relevant to you.

What personal data do we process?

We only process personal data that is required for Liveforce to fulfil its intended purposes as an on-demand workforce management system, which includes:

  • Human resource management
  • Job scheduling
  • Job timesheets and expenses
  • Job task management
  • Advertising of services
  • Job reporting
  • Communication

By default, it is possible to store and process the following personal data in the system:

  • Name
  • Address
  • Telephone number
  • Email address
  • Photos uploaded by you
  • Social security number / National insurance number
  • UTR code / Limited company registration number
  • Bank and payment details
  • Preferred job roles, skills and experience
  • Next of kin and health information
  • Customer contracts and agreements
  • Your availability
  • Absences and other work situations
  • Confirmed jobs, times and locations
  • Right to work details
  • Identification requirements
  • Personal attributes and qualifications
  • Employment classification
  • Social channel URLs
  • Internal customer notes and tags
  • Work history and ratings
  • Chat messages
  • Other information relevant to clients requirements for the purpose of supplying our services

Our customer may also choose to add customised personal data fields to store additional data that is required to simplify their on-demand workforce management process.

Lawful basis for processing:

  • We process and store Workforce Data to perform our Worker Agreement with you. Without this information, we wouldn’t be able to provide our Offerings to you. We also process Workforce Data to pursue our legitimate interests by ensuring the smooth running of your Worker Agreement and to help you with jobs when working with a customer. We consider your privacy and data protection rights when we pursue our legitimate interests and ensure that the way Offerings work don’t impact on those rights.

Why do we process your personal data?

Liveforce processes personal data so that our customer can fulfil their contract to you by allowing them to:

  • Contact you
  • Contact your next of kin in case of emergency
  • View your availability to help schedule relevant jobs
  • Book and invite you to jobs
  • Review job applications, your profile and assess you against the needs of the jobs
  • Ensure that your work tasks are performed correctly and on time
  • Ensure that your working time and expenses are correctly reported
  • Pay your salary and expenses

Who do we share your personal data with?

We do not share your personal data with any parties other than the customers you have registered with, and we conform to industry best practices regarding data security to ensure that your personal data is safe.

How long do we store your personal data?

We will only retain your data for as long as there is either a statutory requirement for us to do so or to be able to provide a service to you. This will usually require us to retain your personal data after any business relationship has ended for accounts and records purposes and to deal with any account support questions.

How can I find out what personal data is stored on me?

Email compliance@liveforce.co to access any information that is stored on you.

How can I delete my personal data from the system?

Email compliance@liveforce.co to request a full deletion of your personal data from the system, as some or all of the data may be required to be kept for a certain period in order to comply with local legislation.

Why does the mobile app require location services?

The app uses a method called “geofencing” in order to determine if you are within the required range of a job location for checking in and out. With geofencing, an app tells the operating system to send it a signal if and when the phone is within X meters of coordinates Y and Z. It requires location data to be activated at all times. Geofencing has a few major advantages:

  • It uses significantly less battery power than traditional geolocation as it only uses cell tower triangulation, i.e. no additional hardware is activated in order to determine your position. Therefore, Liveforce positioning does not consume any power. However, accuracy is increased if you already have Wi-Fi enabled.
  • It does not require the app to save or transmit any location data to the app provider. Instead of the app/phone providing location data to Liveforce servers, Liveforce provides the workplace’s coordinates to the phone, and the phone tells the app if it’s within required range for punching in and out.

We do not store any information regarding your movements.

6. How do we use the information we collect?

We use your information in the following ways:

  • To provide, maintain and improve the Offerings and our other products and services, including to operate certain features and functionality of the Offerings (for example, by remembering your information so that you will not have to re-enter it during this or subsequent visits);
  • To process your inquiries and otherwise deliver customer service;
  • To process your subscriptions payments, we share and use Stripe as describe in Payment Information;
  • To control unauthorised use or abuse of the Offerings and our other products and services, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;
  • To analyse trends, administer or optimise the Offerings, monitor usage or traffic patterns (including to track users’ movements around the Offerings) and gather demographic information about our user base as a whole;
  • To communicate directly with you, including by sending you newsletters, promotions and special offers or information about new products and services. Your opt-out options for promotional communications are described in Your Rights and Choices;
  • To deliver you advertising, including by serving and managing ads on the Offerings or on third party sites and to tailor ads based on your interests and browsing history. Please see Your Rights and Choices for additional information on how to manage the ads you see; and
  • In the manner described to you at the time of collection or as otherwise described in this Privacy Policy.

Please note that if you cease using the Service or we terminate your access to the Service in accordance with your Agreement, you may no longer have the ability to access or update your information.

We may retain your information as necessary to support the Offerings, comply with our legal obligations or resolve disputes. Note that the content you post may remain on the Offerings even if you cease using the Offerings or we terminate your access to the Offerings.

7. How do we share your personal data?

We may share your personal data with companies supplying technology, storage services, administrative tools, CRM tools, financial services, authorities that request personal data, any third party with which we arrange an event or conference (provided that you have given consent to such sharing).

All recipients with whom we share personal data within the EU are companies which we cooperate with and have signed Data Processing Agreements (DPA) with. All recipients with whom we share personal data with outside of the EU are companies which we cooperate with and signed Data Processing Agreements with and comply with the Privacy Shield Framework or any other such framework approved by the EU.

The personal data will be used in order to fulfil Service delivery. We may process personal data and share it with recipients globally that help us deliver our Services and run our business, subject to Data Processing Agreements (DPA). We may also share aggregated usage statistics.

In a reorganisation or sale of our company or assets, your data may be transferred, subject to the acquirer accepting the commitments made in this Policy and compliance with applicable law.

We do not sell, trade, share or transfer your personal information to third parties except in the following limited circumstances:

  • We may share your personal information with our parent companies, subsidiaries and affiliates;
  • We may share your personal information with third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Offerings, among other things. For example, we may provide personal information to our service providers for direct emailing of our newsletters or notifications of our product/service offerings. The data shared can include name, job title, email address, message history, company information. All third parties are engaged under contract and obliged to meet appropriate security requirements and comply with all applicable legislation;
  • We may share your personal information when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce a Customer Agreement, including investigation of potential violations thereof, or (c) protect against imminent harm to our rights, property or safety, or that of our users or the public as required or permitted by law;
  • We may share your personal information with third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud or security or technical issues;
  • We may share your personal information with our business partners who offer a service to you jointly with us, for example when running a cross-promotion;
  • We may share your Payment Information to process your payments, as further described in Payment Information;
  • We may share and/or transfer your personal information if we become involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of our assets; and
  • We may share your personal information with a third party if we have your consent to do so.

We may also share aggregated or anonymized information with third parties for other purposes. Such information does not identify you individually but may include usage, viewing and technical information such as the types of Offerings our customers and users generally use, the configuration of their computers, and performance metrics related to the use of Offerings which we collected through our technology. If we are required under applicable law to treat such information as personal information, then we will only disclose it as described above. Otherwise, we may disclose such information for any reason.

Payment information

When you make a purchase on the Offerings, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor Stripe through their Stripe Checkout service. We never receive or store your full credit card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry-standard security. Stripe may use your Payment Information in accordance with their own Privacy Policy here: https://stripe.com/us/checkout/legal.

Other access to or disclosure of your information

The Offerings may also contain links to third party websites. This Privacy Policy applies solely to information collected by us. Even if the third party is affiliated with us through a business partnership or otherwise, we are not responsible for the privacy practices of such third party. We encourage you to familiarise yourself with the privacy policies of such third parties to determine how they handle any information they separately collect from you. Please be aware that we do not warn you when you choose to click through to another website when using the Offerings.

Where the Websites contain features that enable you to post reviews, comments or other content that is publicly viewable. You should be aware that any personal information you submit as part of those posts can be read, collected, or used by other visitors to the Websites, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to publicly post on the Websites. Please see our Website Terms of Use for more information and for other guidelines about posting content on the Websites.

8. How do we protect your personal data?

The security of your personal information is important to us. We maintain a variety of appropriate technical and organisational safeguards to protect your personal information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you.

No method of transmission over the Internet, a method of electronic storage or other security methods are one hundred percent secure. Therefore, while we strive to use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. You can find out more about our technical and organizational safeguards on our Security page.

9. Your Rights and Choices

Under the GDPR, you have certain rights related to the processing of your personal data. These are listed below.

Liveforce, in its capacity as data controller, is responsible for ensuring that your personal data is processed in accordance with applicable law and that your rights are taken into account when we process your personal data. If you want to use your rights, please contact us at compliance@liveforce.co.

You can also contact our Data Protection Officer, at dpo@liveforce.co if you experience that Liveforce does not live up to your rights.

You have the right to request access to personal data

You have the right to request an abstract from our data record regarding our use of your personal data. You also have the right to request a copy of the personal information being processed at no cost. However, we may charge you a reasonable administrative fee to provide you with additional copies of the personal data. If you make your access request by electronic means such as email, we will provide you with the information in a commonly used electronic format.

Contact: compliance@liveforce.co

You have the right to request rectification of your personal data

We will at your request, or at our own initiative, rectify, anonymise, erase or complement personal data that you or we discover is inaccurate, incomplete or misleading. You also have the right to complement the personal data with additional data if relevant information is missing.

Contact: compliance@liveforce.co

You have the right to request erasure of your personal data

You have the right to request that we erase your personal data if we do no longer have an acceptable reason for processing the data. Given this, erasure shall be made by us if:

  • the personal data is no longer necessary for the purposes for which it was collected,
  • you object to the processing of your personal data based on our legitimate interest and there is no overriding legitimate ground for the processing,
  • the personal data has not been lawfully processed,
  • we are required to erase the personal data due to a legal obligation, or you are a child and we have collected the personal data in relation to the offer of information society services.

However, there might be requirements under applicable law, or other weighty reasons, which entail in us not being able to immediately erase your personal data. In such a case, we will stop using your personal data for any other reasons than to comply with the applicable law or the relevant weighty reason.

Contact: compliance@liveforce.co

You have the right to restrict processing

This means that we temporarily restrict the processing of your personal data. You have the right to request restriction of the processing when:

  • you have requested rectification of your personal data in accordance with the section “You have the right to request rectification of your personal data” above during the time period we are verifying the accuracy of the data,
  • the processing is unlawful and you do not want the personal data to be erased,
    Liveforce, in its capacity as data controller, does no longer need the personal data for the purposes for which it was processed, but you require us to retain the information for the establishment, exercise or defence of legal claims, or
  • you have objected to our legitimate interest for the processing in accordance with the section “You have the right to object to the processing” below during the time period we determine whether the legitimate interest overrides your privacy rights.

    Contact: compliance@liveforce.co

You have the right to object to the processing

You have the right to object to such processing of your personal data based upon our legitimate interest. If you object to such processing, we will only continue with the processing if we have a compelling legitimate reason for the processing that outweighs your interest, rights or freedoms, or unless continued processing is necessary for the establishment, exercise or defence of a legal claim.

Contact: compliance@liveforce.co

Other choices and options

Communication preferences

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications or on the Offerings. Please note, however, that you may be unable to opt-out of certain service-related communications.
Blocking Cookies. You can remove or block certain cookies using the settings in your browser but the Offerings may cease to function properly if you do so. For more information, please see Intercom’s Cookie Policy.

How we respond to do not track signals

Your Web browser may have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, the Offerings do not respond to this type of signal.

10. No children under age 16

The Offerings are not intended for use by anyone under the age of 16, nor does Liveforce knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, you may not attempt to register for the Offerings or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that we might have any information from or about such child, please contact us at the email or mailing address provided at the end of this Privacy Policy.

11. Changes to the Privacy Policy

We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date. If we make material changes to this policy, we will notify you by email or through notice on the Offerings.