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Introduction This Privacy Policy (“Privacy Policy”) describes how Proserv Limited, and its affiliates will gather, use, and maintain your Personal Information on the Proserv Platform. It will also explain your legal rights with respect to that information. By using the Proserv Platform, you confirm that you have read and understand this Privacy Policy, and our Terms of Use (together referred to herein as the “Agreement”). The Agreement governs the use of the Proserv Application. Proserv will collect, use, and maintain information consistent with the Agreement.
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General Terms In this Privacy Policy: Proserv Limited may be referred to as "Proserv," “we,” “our,” or “us.” We call a user of the Proserv Platform “User,” “Users,” “you,” “your,” or “Client” and “service provider,” as appropriate. The mobile applications (whether on iOS or Android) are referred to as the “Apps.” Proserv Sites, Apps and related services, information and communications are collectively referred to as the “Proserv Platform.” “Terms of Use” refers to our Terms and agreement, which can be found here. This Privacy Policy is incorporated into, and considered a part of, the Terms and agreement.
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Information Collection Information you provide to Proserv Proserv collects certain personally identifiable information about you, including information that can identify, relate to, describe, be associated with you, or is reasonably capable of being associated with you (“Personal Information”). Examples of Personal Information that Proserv collects include but are not limited to: Contact Information. This may include your first and last name, postal address, telephone number, and email address. Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments. Identity Information. If you are a service provider, we may collect Personal Information, such as your date of birth and address, national identification number if applicable, together with the result of basic criminal record checks as provided by you, or by our Third-Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, as well as such information as may be needed to validate your identity. Employment Information. We collect employment and education history, transcripts, writing samples, and references. Content Information. You also may choose to send Proserv Personal Information in an email or chat message containing inquiries about the Proserv Platform and we use this Information in order to help us respond to your inquiry. We also collect content within any messages you exchange through the Proserv Platform (such as through our chat functionality). We require that you furnish certain information when you register an account with us in order to provide services through the Proserv Platform. We also collect information about your tasks, rates, and skills, as well as Identity Information and Financial Information. Third Party Information. Proserv may work with Third-Party Agents to perform identity checks and criminal background checks on service providers, if applicable and permitted by local law, in order to advance our legitimate interests in ensuring the safety of our Users and maintaining the integrity of the Proserv Platform
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Information Proserv Collects Automatically We automatically collect certain information when you use the Proserv Platform. The categories of information we automatically collect and have collected, include;
(i) Service Use Data, including data about features you use, pages you visit, emails and advertisements you view, portions of the Proserv Platform that you view and interact with, the time of day you browse, and your exiting pages.
(ii) Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id. When you visit and interact with the Proserv Platform, Proserv may collect certain information automatically through cookies or other technologies, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type(s) of internet browser(s) you use, and information about the way you use the Proserv Platform (“Device Information”).
(iii) Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you Use the Proserv App via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location to determine the city you are in and display a relevant location map. We will not share your current location obtained in this manner with other Users
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Proserv's Use of Information We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information include: To operate and make available the Proserv Platform. We use your data to connect you with other Users to enable the posting of selection for, completion of, and payment for jobs, in order to fulfill our contracts with Users; For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Clients and service provider can meet and conduct business, and in order to comply with our legal obligations; To conduct identification and criminal background checks, if applicable and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the Proserv Platform given that the service providers often interact directly with Clients and may enter their homes; To analyze Proserv Platform usage as necessary for our legitimate interest in improving the Proserv Platform to grow our business; To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the Proserv application with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users, and in promoting our business; To provide you with customer support in order to fulfill our contracts with Users; For internal market research for our legitimate interest in improving the Proserv Platform to grow our business; To enforce our Terms of Use and our legitimate interests in ensuring our Agreement is complied with; and As otherwise set forth in the Agreement. Analytics and Market Analysis. Proserv may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience and promoting and growing the Proserv platform. We use information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business. Cell Phone Numbers. Proserv may use your cell phone number to call or send recurring text messages to you, using an auto dialer or prerecorded voice, in order to provide you notifications about Tasks, for marketing purposes (with your consent where required by law), and to administer the Proserv Platform. Call recordings. Calls to or from Proserv or its Third-Party Agents may be monitored and recorded for the purposes of quality control and training. Such calls may contain Personal Information
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Information Sharing We only share the Information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows: Third Party Agents. We share information, including Identity Information, with entities that process information on our behalf for our business purposes. We contractually prohibit our Third-Party Agents from retaining, using, or disclosing information about you for any purposes other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. Legal Obligations. Proserv and our Third Party Agents may disclose your Personal Information or User Generated Content to courts, law enforcement, governmental or public authorities, tax authorities or authorized third parties, if and to the extent required or permitted to do so by law or where disclosure is reasonably necessary to:
(i) comply with Proserv’s legal or regulatory obligations;
(ii) respond to a court order, warrant or subpoena;
(iii) respond to a valid legal request relating to an investigation into alleged criminal or illegal activity; or
(iv) respond to or address any other activity that may expose us to legal or regulatory liability
. Proserv reserves the right to disclose Personal Information from both private and public areas of the Proserv Platform in the absence of a court order, warrant, or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Proserv or its partners, parents or affiliates. It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless
(i) we are prohibited or otherwise constrained by law or court order from doing so,
(ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or
(iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact). Merger or Acquisition. Proserv reserves the right to share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business
. Public Areas. Your profile on the Proserv Platform consists of information about you and your business, and may include information such as photographs, your years in business, skills and expertise, hourly pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your User Profile may be visible to all Users and the general public
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Your Rights and Choices You may opt-out of receiving promotional communications from us, including promotional communications related to the Proserv Platform, and request the removal of your Personal Information from our databases, or deactivate your account by logging in to the application. Push Notifications. You have the option to receive updates and relevant offers via push notifications in your app. These notifications can be configured in the settings of your mobile device at any time. Corrections to Profile. You have the right to access, update, and correct inaccuracies in your Proserv Profile at any time by logging in and clicking on the “Account” tab. There, you can view, update, and correct your Account information.
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Proserv’s Information Retention Policy We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations
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Proserv’s Security of Collected Information Your Proserv account is password-protected so that only you and authorized Proserv staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Proserv implements and maintains reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Proserv has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security, and making sure that every Proserv employee is aware of our security practices. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
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Notification of Changes Proserv's Privacy Policy is periodically reviewed and enhanced as necessary. This Privacy Policy might change as Proserv updates and expands its Platform. While Proserv will use commercially reasonable efforts to ensure the security of all Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information stored therein, and you agree to hold Proserv harmless for any damages that may result therefrom. Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly. Right to Non-Discrimination. You have the right to non-discriminatory treatment by us, should you exercise any of your rights. Your Rights. You have the following rights under certain circumstances: A right of access: you have the right to obtain confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain access to such data and a copy thereof; A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement; A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. However, this is not an absolute right and Proserv may have legal or legitimate grounds for keeping such data; A right to restriction of processing: in some cases, you have the right to restrict the processing of your personal data; A right to data portability: you have the right to receive the personal data concerning you which you have provided to Proserv, in a structured, commonly used and machine- readable format, and you have the right to transmit those data to another controller without hindrance from Proserv. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means. A right to lodge a complaint with the supervisory authority. YOUR CONTINUED USE OF THE PROSERV PLATFORM AFTER UPDATES MADE TO THIS PRIVACY POLICY TAKE EFFECT, WILL CONSTITUTE ACKOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO ACKNOWLEDGE OR ACCEPT ANY UPDATES TO THIS PRIVACY POLICY, YOU MAY CANCEL YOUR USE OF THE PROSERV SERVICE.