Thank you for accessing one of the tools developed by ELEVATE and its affiliates (“We,” “Company,” or “Us”).  We welcome you and hope you find our desktop platform and related tools, apps, and software (individually and collectively, the “Tools”) and our services, which include use of the Tools and our provision of services related to the Tools (“Services”), helpful and efficient.  We have developed this Privacy Policy to govern how we collect and use the Data (defined below) in connection with our provision of the Services to help our clients with workforce management.  This Privacy Policy is incorporated into our Terms of Service (“Agreement”) [https://www.elevatesaas.com/privacy] as if it were set forth full in the Agreement.  We are also bound by the Data Protection Addendum posted at https://www.elevatesaas.com/DPA.

CONSENT

By using the Services, you consent to our use of your Data as described in this Privacy Policy. You may withdraw this consent at any time.  However, this may result in your inability to continue using some or all of the Services, and your withdrawal of consent does not limit our ability to use the Data that has been aggregated and anonymized for use by us in connection with the Services.

INTENDED USERS

The Services are directed solely to persons 16 years of age or older.  We do not knowingly gather information from visitors who are under 16. If we become aware that we have gathered information from a person under 16, then we will attempt to delete such information as soon as possible. If you believe that we have gathered Information from a person under 16, please contact us at admin@elevatesaas.com.

INFORMATION WE COLLECT AND HOW WE USE IT

We use three categories of data to provide the Services.  When this Agreement uses the term “Data” alone and without other qualification, it refers to all three categories. 

  1. Contact Data:  Contact Data consists of the name, e-mail address and other contact information you or other users provide using the Tools.  Contact information is accessible only by us and the client or vendor with whom you associate your registration.  You consent to the use of your Contact Data for the legitimate business purposes of us and our clients, including the creation of a company directory for the inter-company use of our clients.
  2. Personal Data:  Personal Data consists of all the personal information you or other users input into the Tools and that clients or vendors input or process about you, your employment, and any other information about you (other than the Contact Data) or other users.  It includes, without limitation, employment history and qualifications, resume, salary or hourly rates, tax information, employee reviews, and all other personal information (other than the Contact Data).  Your Personal Data is accessible only to us, to you, and to the client or vendor with whom your registration is associated.  We do not share it with third parties, but we may use Personal Data to make inferences that help us provide the Services.  We may use Personal Data in an aggregated format that is not identifiable to any individual, and that aggregated information belongs solely to us.  To the extent we are required to delete any Personal Data about you, we will still retain aggregated and anonymized information that may have originated as your Personal Data.
  3. Usage Data:  Usage Data consist of information relating to your use of the Tools, such as the device you use, how often you access the Tools and at what times, information gathered through cookies and other technical tools, and similar related usage information.  Usage Data is accessible to us and to you.

If we plan to use this information in the future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy.

The technologies we use for automatic data collection may include the following:

  • Cookies (or browser cookies).  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Tools. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Tools.
  • Flash Cookies. Certain features of our Tools may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Tools. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of the Tools and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

SHARING YOUR INFORMATION

We will share your Information as follows.

  1. At Your Instruction. One purpose of our Services is for users to share information related to their use of the Services with other users. Any information you share with other users about yourself may be used by those users for the purposes for which it was given.
  2. Sharing with Clients and Vendors. A major purpose of our Services is to allow our clients and vendors with whom your registration is associated to manage their workforces.  This involves collecting and managing information about certain users that may involve sensitive personal information, such as employment history, resume items, personal characteristics, salary and hourly rates, taxes, employee reviews, and other personal information.  This is information that would likely have been kept in physical files in the past but is now kept and processed electronically, and we may gather, store, and process this information using the Tools.  We require all users who have access to this information to keep it confidential and to use it solely in connection with the purposes for which the information was gathered.
  3. Sharing with Third Parties. ELEVATE uses a limited number of third party service providers to assist in making the ELEVATE site available to customers, offer customer services and support, assist in technical operations, and provide data processing and storage services. These third parties may process or store personal information in the course of providing their services, in which case the third party’s access, use, and disclosure of the personal information must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.
  4. Third Party Offers. We may allow other companies to offer you products and services, including offers through our Services, co-branded pages hosted by the third parties, or via email. Whether or not you decide to participate in such an offer is up to you. If you purchase a product or service on a co-branded page, or via a third party offer on our Services that requires you to submit financial and personal information, you are also consenting to our delivery of this information to that party. The offer will notify you if any financial or personally identifiable information will be shared. Such third party will be authorized to use this information in keeping with our contractual relationship with them and in accordance with their own privacy policy and information practices. We do not control these third parties and you agree that we are not liable for their acts, or any failure to act on their part.
  5. Service Providers. We may sometimes use a third party to provide specific services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.
  6. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you.
  7. Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us or the Services, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in this Privacy Policy.

SECURITY AND PRIVACY FOR EU RESIDENTS

The information that the Tools collect may be stored locally on your Device and may be transmitted to our servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where we or our service providers operate.  We take your privacy and the security of your Data seriously, and we use the Privacy Shield as a framework for those security and privacy efforts.  Your obligations and our obligations with respect to the security and privacy of the Data (whether about you or a third party) are set forth in the Data Protection Addendum posted at https://www.elevatesaas.com/dpa (“DPA”).  The DPA is legally binding upon you and upon us.  It addresses the restrictions placed upon you in your role as an administrator or other user with access to the Data of other users.  It also addresses the restrictions placed upon us regarding security and privacy issues of all Data.  We are currently seeking certification under the Privacy Shield protocol and will post further notices of our certification when that is complete.

By using the Services, you specifically consent to the processing of your Data in the United States for the purposes of fulfilling our duties under this Agreement, as provided herein and in the Privacy Policy.  We will process the Data in accordance with our DPA.  However, you acknowledge that the transmission of information over wireless and wired networks is not inherently secure. We use tools to help protect your Data against unauthorized access and disclosure. However, we do not guarantee that your Data or private communications will always remain private when using the Tools.

EU individuals have rights to access personal information about them, to limit use and disclosure of their personal information, and to ensure that such personal information is accurate and relevant for the purposes for which it is collected. With our “pending” Privacy Shield certification, ELEVATE has committed to respect those rights. You may access and control your personal information by sending your request to admin@elevatesaas.com.

ELEVATE is in the process of complying with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  ELEVATE is certifying to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification in the future, please visit https://www.privacyshield.gov/.

ELEVATE is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

ELEVATE will adhere to our Privacy Shield obligations as long as we retain personal information that is covered under the Privacy Shield.

In compliance with the Privacy Shield Principles, ELEVATE  commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact ELEVATE at: 

ELEVATE

3990 Westerly Place, Ste. 270
Newport Beach, CA  92660
+1(949)528-8333
Admin@elevatesaas.com
ELEVATE has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.  The services of JAMS are provided at no cost to you. If neither ELEVATE nor JAMS resolves your complaint, you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.

SECURITY

The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

TESTIMONIALS, RATINGS, REVIEWS, AND PUBLIC FORUM

If you submit testimonials, ratings or reviews to the Services, any information you include will be displayed in the Service.  We also partner with third-party service providers to collect and display ratings and review content on our web site.

Our Services may offer publicly accessible message and comment boards, blogs, and community forums. Please keep in mind that if you directly disclose information through our public message boards, blogs, or forums, this information may be collected and used by others.

SHARING INFORMATION WITH THIRD PARTIES

You may be able to share Personal Information with third parties through use of the Services. The privacy policies of these third parties are not under our control and may differ from ours. The use of any information that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any third party offering, site or other products and services used in connection with the Services.  The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

RETENTION

We will keep your information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained information will remain subject to the terms of this Privacy Policy. Please note that if you request that your information be removed from our databases, it may not be possible to completely delete all of your information due to technological and legal constraints.

AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any change to this Privacy Policy will become effective on the date that is 30 days from their posting on the Tools or sent via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

ACCESS AND ACCURACY

You have the right to access the information we hold about you in order to verify the information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your information as appropriate. As appropriate, this amended information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate information about you enables us to give you the best possible service.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: admin@elevatesaas.com

CONTACT US

You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at admin@elevatesaas.com. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.