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Privacy Policy for Independent Contractors

Introduction

We will not sell or rent your personal data. Period.

Our company, Spot Media, LLC1 (the “Company”) has adopted the following Privacy Policy for the purpose of informing you about our website, mobile applications, or products (hereinafter referred to collectively as “the Platform”) and the privacy practices that govern your access and use.

For purposes of this Privacy Policy, the term “you” includes any person accessing or using the Platform, including any legal entity out of which or on behalf of which such person operates.

This Privacy Policy governs the collection, processing, use and disclosure of all data and information submitted to, obtained by, or contained in the Platform, subject to our Terms of Use governing the Platform,( https://gigspot.com/Terms_of_Use ) which are incorporated by reference as if fully set forth herein.

The Platform allows you to elect to do business with various third-party companies who offer opportunities (referred to as “third-party client companies”). For purposes of this Privacy Policy, you will be deemed to have elected to do business with a third-party client company if you use the Platform to facilitate entering into an agreement with that client company (a “Client Agreement”) or reaffirm a prior Client Agreement you entered into with such client company outside of the Platform

Data We Collect

We collect, process, use and disclose in accordance with this Privacy Policy the information you submit or create through your use of the Platform for the purpose of providing our services as requested by you, such as providing you opportunities from third-party client companies for mystery shopping or audit services. We will only process your personal data in a manner that is lawful, fair, and transparent. We will not sell or rent your personal data. 

The data we collect includes, but is not limited to, personally identifying information and personal data, such as your contact information, physical address, telephone number, mobile telephone number, localization data including geolocation, connection or device data, IP address, employment and compensation data, ID data, work/professional life data, professional skills information, personal life data, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometrics data for the purpose of uniquely identifying a natural person, health data, sex life or sexual orientation, friends and family information, personal master data, contract master data, work performance history and metrics, customer history, files, or media. Some data we may ask for, such as your name and area of residence, are necessary for us to provide you with our services. Some data we may ask for, such as GPS location information, is optional. However, if you elect not to provide the optional data, the ability to offer you service opportunities may be limited.

We may also collect your taxpayer identification number (“TIN”) and information concerning a bank account or other financial institution to which you request client payments to you be made, and various timings/behaviors such as speed of data entry, keystrokes, and orientation of your mobile device, in connection with the Platform’s quality control and optimization. We may also collect the above categories of data from any third-party client company with whom you have elected to do business. For any information considered sensitive under applicable law, we will obtain your express consent before collecting such data. We may also collect information from third-party sources.

Where necessary, we may also collect personal data from you in connection with legal obligations or our legitimate business interests.

The data we collect is referred to as “Your Information”.

How We Use the Information We Collect

We will use some or all of Your Information to create a profile for you (“Your Profile”).  You will have the ability to edit, update, and erase certain information contained in Your Profile through the Platform; and you will be solely responsible for ensuring that the information contained in Your Profile is accurate and up-to-date. You should not submit any information that you do not want to be disclosed to a third party.

We use Your Information (i) to inform you about potential client opportunities that it believes might be of interest to you, (ii) in connection with the operation, R&D and improvement of the Platform and services, including its anti-abuse and anti-fraud systems, its delivery of technical support and certain administrative services that we provide to you and to any third-party client company with which you elect to do business, (iii) to help ensure data accuracy and data verification, (iv) for work performance metrics and analytics, (v) for archiving and legal compliance purposes, and (vi) to communicate with you about administrative, support, or other matters.

Information We Share

We will not sell or rent your personal data. Subject to the following paragraph, we will disclose Your Information to the third-party client companies with which you elect to do business, or otherwise through your instruction. By electing to do business with a third-party client company, you hereby authorize us to disclose Your Information to such third-party client company. This is performed to help you to easily work with those opportunities directly in the Platform without having to manage multiple accounts, multiple logins, multiple websites, etc., and facilitating your communications with that third party client company. Note that certain client opportunities designated as “External” are hosted on other websites and may not include a Client Agreement directly within the Technology Platform. In such cases, you will be taken instead to that client company’s website. 

We will not disclose your TIN, or your information concerning a bank account or other financial institution to which you request client payments to you be made, to any third party except to (i) a third-party client company with which you have elected to do business to enable such third-party client company to potentially pay you and comply with its information reporting duties under applicable laws, or (ii) other data processors on your instruction.

With respect to any third-party client company with which you are considering to elect to do business, you should carefully review that company’s Privacy Policy to ascertain how that third-party client company will collect, use, store and disclose the information it receives. You may also contact that company directly. If you need any assistance contacting that company, please contact us. We do not control, and therefore fully disclaim any responsibility for, how Your Information is used, processed, stored, or disclosed by any such third-party client company. We may also disclose Your Information to third-party processors or vendors we use to provide storage, hosting, systems, infrastructure, backups, archives, support, data verification, anti-abuse/anti-fraud services, or other processing related to the services we provide to you. A list of these processors is available upon request. If we transfer Your Information to such processors or vendors (i.e. not third-party client companies) we may have liability for certain actions of those processors under applicable law.

We will not publicly disclose any information that personally identifies you. Our only public disclosures using Your Information will consist of general aggregated information, such as anonymized geographic location and demographics.

The data processors we engage could be off-site. We may transmit your personal data to processors in a country outside of your residence, such as the United States. We will only do so where we can comply with applicable laws, such as to processors residing in countries with adequacy decisions, or in accordance with Standard Contractual Clauses, which have been developed to help ensure that Your Information is transferred with appropriate or suitable safeguards. You may obtain a copy of those safeguards by contacting us via the methods shown below.

In circumstances that we determine, in our sole discretion, to be appropriate or required by law, we may disclose Your Information to a government agency, a law enforcement official, or court. Where permitted by law, we may provide you with prior notification of such disclosure to the extent that we, in our good-faith judgment, determine such notification to be legally required or advisable.

If we are involved in a transaction where the Company, or substantially all of its assets, will be acquired by or merged into another legal entity, or will result in a change in the ownership of the Company, Your Information may be transferred to the other legal entity or remain with the Company but with new owners. In such cases, you hereby authorize and consent to such transfer of Your Information, or to Your Information remaining with the Company with new owners. If you do not agree to the transfer you may discontinue use of the Platform and request to have Your Information erased.

Cookies

Our products use cookies and similar technologies to provide certain features and functionality. These are used only for our legitimate interests of delivering and optimizing services to you. Specifically, we may use cookies for:

  1. Security/Authentication: When you log in and we authenticate your identity we use a cookie to confirm that you are logged in.
  2. Functionality: Certain functionality you use in the Platform may use a cookie to deliver the data or information you request.
  3. Preferences: When you set certain configuration settings in our products we may use a cookie to store that setting.

You can read our specific cookie policy ( https://gigspot.com/Cookie_Policy ).

You may use your browser settings to remove or disable cookies, however our products and services will likely not work correctly for you.

Security

We take the security of Your Information very seriously. We take commercially reasonable and appropriate steps to protect Your Information from loss, misuse, unauthorized access, processing, disclosure or alteration, theft, damage, or destruction. We have put in place appropriate physical, electronic, and managerial procedures to protect Your Information. Details of these procedures are available upon request.

External Links

We are not responsible for any content in external links. Content on third-party websites, and the related Privacy Policies covering those websites, are the responsibility of their respective owners.

Data Retention

We retain Your Information only as long as needed for the purposes for which it was originally collected, and/or as permitted by applicable law. You may request that Your Information be erased at any time. If you do so, the Company may retain Your Information for an additional period where permitted by law.

Please note that, if you request for Your Information to be erased, and we erase it, any third-party client companies whom you have elected to work with may still have copies of Your Information in their own systems. If you wish to have those companies erase Your Information as well, you should contact them directly. Please contact us if you require any assistance in this regard.

Safety of Minors

Our products and services are not intended to be used by anyone under 18 years of age. We do not allow them to register and do not knowingly collect Personal Data from them. If it comes to our attention that we have collected Personal Data from anyone younger than 18, we reserve the right to delete this information with or without notice. If you have reason to believe that this has occurred, please contact us immediately.

Changes to Our Privacy Policy

The Company reserves the right to amend or revise this Privacy Policy at our discretion, and any such amendments or revisions shall be effective as of the date posted to the Platform. If we make a change to this Privacy Policy that materially affects your protections, we will notify you. If you do not agree with the change you may discontinue use of the Platform and request to have Your Information erased.

Any disputes arising out of or relating to your accessing or use of the Company’s Platform and to this Privacy Policy shall be governed by, where allowed by law, the arbitration provisions contained in the Company’s Terms of Use, which are incorporated by reference as if fully set forth herein. ( https://gigspot.com/Terms_of_Use )

Our Mobile Apps

The Gigspot app syncs opportunity and survey data with your device and Platform servers so that you can work offline. If you have entered Personal Data into a survey it is stored on your device until that survey has been submitted. Deleting the app will also remove that data from your device.

Note that submitting a survey does not necessarily remove media (images, videos, recordings) captured outside of the app (e.g. stored in your photo gallery). In some circumstances, media captured in the app may also have been copied to your device’s gallery. Any media in your gallery would need to be manually removed by you.

The app stores account email address(es) and passwords that you provide to it on your device to allow you to quickly sync data with the Platform. You may delete this data by logging out in the app or deleting the app entirely. Note that for certain older or special-market Android phones, after deleting the app you may also need to manually delete the file(s) located at:  Android/data/com.gigspot/files/11cb952d76c3

Disclosures & Data Rights

For users who reside in various jurisdictions around the world, you are entitled to certain disclosures about how your personal data is processed. You may also have certain rights with respect to your personal data. Examples of such laws include the data privacy laws of:

Depending on where you reside, some or all of these disclosures and data rights may apply to you. Because we take data privacy and protection very seriously, we provide everyone who uses our Platform with the following information, regardless of where you live or whether it applies to you.

Your jurisdiction may provide certain protections and rights regarding how personal data is collected, processed, and how and when it may be transferred outside of those countries.

Who Controls your Personal Data?

At any time, you may request to exercise any of the following pertaining to your personal data:

Data Privacy Framework

In addition to the GDPR and other applicable laws, we also comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  We have certified to the U.S. Department of Commerce that we adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF, and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  The Company has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, we commit to promptly resolve complaints about your privacy and our collection and use of your personal information. Individuals with inquiries or complaints regarding our handling of personal data or this Privacy Policy should first contact us using the information below.

Additionally, please note the following:

 

California Residents

If you are a California resident, you may have the right to:

Contacting Us

For privacy-related inquiries, such as requesting to have your personal data erased, please contact us at:

Web: http://gigspot.com/Contact_Us

E-mail: dpo@gigspot.com

Postal mail:

Spot Media, LLC
ATTN: Privacy Policy Inquiry
5121 Whiteford Rd, Suite 200
Sylvania, OH 43560, USA

1Spot Media, LLC is a subsidiary of Research Metrics, LLC.