Instawork Privacy Policy
Last Modified: January 26, 2023
Effective Date: January 26, 2023
Our prior Privacy Policy, in effect until January 25, 2023, can be found at https://app.instawork.com/legal/US/instawork-privacy-policy/56
Instawork created, develops, and maintains an online software and mobile platform on which businesses (“Partners”) and workers (“Professionals”) connect to fill one-time and/or recurring work opportunities. When you use our platform, including our websites, mobile applications, content, and services (collectively our “Services”), you share your information with us. Because we value your privacy, this policy (our “Privacy Policy”) describes how we collect, use, and share your personal data.
Please carefully read this Privacy Policy, which we incorporate into our Terms of Use (“Terms”), located at https://instawork.com/legal/instawork-terms-of-use. By accessing or using our Services in any capacity, you agree to our Terms and expressly authorize us to collect, receive, use, retain, and disclose or transmit your Information to third parties as described in this Privacy Policy. Because you cannot access or use our Services without accepting our Terms, if you have any questions, contact us at privacy@instawork.com or at the address provided at the end of this Privacy Policy.
In this Privacy Policy, “we,” “us,” “our” and “Instawork” all refer to Garuda Labs, Inc. dba Instawork and our affiliates, and “you” and “your” refer to you, as a user of our Services as a Partner, Professional, Reference, or otherwise. Similarly, we reference the collective information you provide us as your “Information,” which is comprised of your Personal Information, Non-Personal Information, and Usage Data.
“Personal Information” (sometimes called “Personally Identifiable Information”) refers to information which personally identifies you—whether alone or when combined with Usage Data and Non-Personal Information—including but not limited to your name, email address, social security number, mailing and/or physical address, mobile device number, telephone number, government identification number(s), date of birth, your photograph, and other information or data that identifies you.
Personal Information may also include information you provide us in connection with a payment service (“Payment Service”) offered to you as a convenience in association with the Services, whereby you can maintain your credit card or bank account information (each a “Payment Account”) securely with us in connection with your Registered Account, as defined below. If you maintain in good standing an open business debit card account made available through Instawork (an “Instawork Debit Account”) for business-related expenses, we may collect information related to your Instawork Debit Account, including your transactions and other activities pertaining to your use of that account. Such information may also include, depending on whether it can be reasonably linked to your other Personal Information or used to identify you, your IP address, MAC address, device-specific information (including hardware information about any device you are using to access or use the Services, such as your UDID or hardware model information), device type, unique device identifiers, advertising identifiers, serial numbers, mobile network information, file names and versions, preferred languages, operating system information (including your operating system version), browser type, location information, user preferences, dates and times of use of the Services, browsing activity and browsing history, and features you have used (collectively, “Usage Data”).
Personal Information and Personally Identifiable Information also include certain combinations of information that meet the applicable statutory or other legal definition of “Personally Identifiable Information” or “Personal Information” for purposes of breach notification (“Statutory PII”).
“Non-Personal Information” refers to information that does not personally or specifically identify you, and may include aggregate or non-specific Usage Data and information about devices, operating systems, browsing activities, browsing histories, locations, dates and times of use of the Services, usage and traffic patterns, and other non-personally identifying analytics and information about users of our Services.
Partners and Professionals use our Services to match available work opportunities with available workers who possess a relevant skill set, and the information we collect is intended to support this goal. To make these worker connections, both parties must register for and maintain an active Services account (a “Registered Account”). For example, if you post a shift on behalf of a Partner or create a related Registered Account, we may collect your name, email address, and other Personal Information about you and the Partner. Similarly, if you are a Professional, we may collect your name, email address, home address, and other Personal Information you submit as part of the registration, profile creation, or shift-matching process (including your resume, name and contact information for your References and related data pertinent to using the Services). Specifically, we collect information about you (including Personal Information) that you choose to submit to us in connection with your use of our Services, including information submitted when you:
This includes:
This includes:
Instawork may combine the information collected from these sources with other information in its possession.
We may use your Personal Information for a variety of purposes, including to provide, enhance, personalize, maintain and improve our Services. Such use includes using your Personal Information to:
Except as otherwise provided in this Privacy Policy, we will not disclose your Personal Information to any third party unless the third party is a Permitted Recipient. You agree that we may disclose your Personal Information to the following “Permitted Recipients”: (1) persons or entities that you permit to access or receive your Personal Information (your permission being reasonably determined from your actions in view of the circumstances), including other users of the Services; (2) if you are a Partner, any persons or entities at your organization including those that may have created a Registered Account with us, and persons or entities designated by such organization; (3) if you are a Professional, Partners that have posted or may post shifts on or through our Services and for which you have accepted or worked a shift through the Services and/or relevant and/or related third parties as determined by Instawork in its sole discretion; (4) References; (5) third-party providers of services to us such as Internet hosting providers, Internet services providers, email distribution and email management providers, and software development or maintenance providers, provided that we have a reasonable belief that such third-party providers will maintain your Personal Information in confidence; (6) third parties that provide services enabling us to market and advertise our Services and other content that has been customized for you through targeted advertising, targeted content and other means; and (7) any other person or entity to whom we are permitted or required to disclose your Personal Information by law, regulation or other provision of this Privacy Policy or the Terms.
We also may disclose Non-Personal Information to third parties in a manner that does not identify a particular individual. For example, and not by way of limitation, we may disclose aggregated Personal Information (i.e., Non-Personal Information) to marketing and research partners and/or for advertising, marketing and promotional purposes. In addition, we may identify job posting organizations in our Services and in our advertising, marketing and promotional materials.
Notwithstanding anything to the contrary in this Privacy Policy, you understand and agree that we may collect, use, preserve and disclose any information (including, without limitation, Usage Data and Personal Information): (1) in response to subpoenas, court orders, legal process or when otherwise required by law, or to establish, protect, or exercise our legal rights or defend against legal claims in our sole discretion; (2) to protect our rights and property or the public, including the enforcement of this Privacy Policy and any other agreement we may have with you or your organization (as applicable); (3) if we believe it is necessary in order to investigate, prevent, or take action regarding unauthorized distribution of another's intellectual property or information, illegal activities, fraud, or situations involving potential threats to the safety of any person (provided, however, that we have no obligation to do so); or (4) that is available to the general public.
We may, from time to time, assign or transfer all or a portion of the Usage Data, Personal Information and/or Non-Personal Information and its rights and obligations hereunder to one or more third parties (whether in connection with a sale of assets, a merger or otherwise), in which case the successor or assignee will agree to abide by the obligations under this Privacy Policy with respect to such information transferred to such successor or assignee (unless otherwise agreed to by you and such successor or assignee).
Any information shared by you with us may be shared with or transferred to any entity affiliated with us or any of our third-party providers (including those located outside the European Union), no matter where located, for the purpose of providing you Services and improving the Services. By using the Services, you consent to this transfer and acknowledge that the Services provided to you and the functionality of the Services could not be provided without such a transfer. If you do not wish your information to be transferred in this way, do not use the Services.
In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use, disclose, assign and transfer any Non-Personal Information for any purpose.
We and our service providers employ certain procedural and technological security measures that are reasonably designed to help protect your Personal Information from loss, unauthorized access, disclosure, alteration or destruction. Such measures, or any data transmission over the Internet or any network, cannot be guaranteed to be perfectly secure or effective. As a result, we cannot ensure or guarantee the security of any information you transmit to us or that is submitted on your behalf, and such information is transmitted and submitted at your own risk.
You agree to keep your Personal Information private and confidential, and not to share information and materials that you receive by or through our Services with any third-party other than through the general, non-commercial methods permitted by the Services. In no event may Professionals or Partners share any information or materials with respect to their Account access and shift postings with any third-party.
Our Services may link to other websites (including, without limitation, recruiter websites) and Internet resources, or incorporate third-party tools, services, APIs, SDKs, and widgets that are not owned, operated or controlled by us. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. In addition, the Services (including Instawork’s websites and mobile applications) may contain advertisements, sponsorships and promotions of third parties. This Privacy Policy does not cover any information that may be collected from you by (a) such third-party websites and Internet resources or by any such third parties in connection with such advertisements, sponsorships and promotions; or (b) any such third-party tools, services, APIs, SDKs and widgets. You should be aware, however, that providers of third-party tools, services, APIs, SDKs and widgets, and advertisements, sponsorships and promotions in the Services may utilize cookies, web beacons and other mechanisms to collect information from you about your use of the Services and other websites in order to, among other things, provide additional functionality, advertisements, sponsorships and promotions about information, products or services that may be of interest to you. We are not responsible for any: (i) information, products or services available on or through any linked sites or resources, or through any such advertisements, sponsorships and promotions; (ii) third-party tools, services or widgets; or (iii) third-party terms of use, privacy policies or information collection, use and disclosure practices. You agree to review all applicable terms and use, privacy policies and other agreements provided by the applicable third parties.
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States and Canada only. If you choose to access the Services from locations outside the United States and Canada, such conduct is at your own risk and subject to the laws of the United States and Canada, which may differ from privacy laws and regulations in your state or home country, and you are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where you are located. Personally Identifiable Information collected through or from using the Services may be stored and processed in the United States, Canada, or any other country in which Instawork or its affiliates, subsidiaries, or agents maintain facilities, and by using the Services you consent to any such transfer of information outside of your country. Users from outside the United States and Canada should not use or access the Services or disclose any information, including Personally Identifiable Information, through the Services. Individuals outside the United States and Canada who disclose any data through the Services, including Personally Identifiable Information, hereby acknowledge and consent to such data being stored in the United States, Canada or any other country, and transferred outside your country.
By using the Services, you affirm that you are at least 18 years of age and that you are competent to accept and have accepted the terms and conditions of this Privacy Policy. The Services are not aimed at nor intended for children under eighteen (18) years of age. If you are under the age of eighteen (18), please do not use the Services. Instawork does not accept registration or profile creation from children under eighteen (18) years of age, and no one under the age of eighteen (18) may provide any information to or through the Services.
Additionally, no personally identifiable information (as defined in the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. § 6501) is purposefully or knowingly collected from children under the age of thirteen (13) by Instawork or the Services. If you are a parent or guardian of a child under thirteen (13) years of age and believe your child disclosed information to us, please contact us by emailing us at privacy@instawork.com or writing to us at Instawork, Attn: Privacy, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401. If we learn that we have collected or received Personally Identifiable Information of persons under thirteen (13) years of age without verification of parental consent, we will exercise commercially reasonable efforts to delete this information.
You may decline to provide certain categories of Personal Information to us, and it’s your choice whether to put certain categories of Personal Information on your profile. With respect to your profile, please do not post or add Personal Information to your profile that you would not want to be publicly available. If you choose not to provide any Personally Identifiable Information, you may not be able to use the Services or certain aspects of the Services, and we will not be able to provide you some of the features and functionality of the Services. You may also opt out of receiving emails and other messages from Instawork by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as messages regarding service engagements or information about your Registered Account.
Depending on your jurisdiction of residence, you may have the right to request access to, correction of, or deletion of your Personal Information. If you wish to access, amend, or update your Personal Information or account preferences, you may do so by logging into your Registered Account and saving your changes and preferences to your Registered Account. Each such modification by you will be effective upon receipt by Instawork but will not change or affect any actions that Instawork took in reliance upon your prior preferences, information, or authorization before the modification was made. If you have such a right depending on your jurisdiction of residence, you may also exercise your right to request access to your Personal Information or correct inaccurate Personal Information about you by emailing us at privacy@instawork.com.
Upon your written request, Instawork will remove any of your Personal Information in its possession and will cease using such Personal Information, subject to the terms of this Privacy Policy and the Terms. You may request access to and removal of such Personal Information by emailing us at privacy@instawork.com or writing to us at Instawork, 548 Market St., PMB 63152, San Francisco, CA 94104-5401, Attention: Privacy. Please note that in certain circumstances, Instawork may not be able to completely remove all Personal Information about a particular user from its systems. For example, Instawork may retain Personal Information about a user for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law, or as retained in Instawork’s data backup systems or cached or archived pages. All retained Personal Information will continue to be subject to the terms of the Privacy Policy to which the user has previously agreed. If you are a resident of Virginia and we deny your Personal Information request, you have the right to appeal our denial. You can exercise this right by emailing us at privacy@instawork.com
This Privacy Policy may be revised periodically and this will be reflected by a “last modified” legend at the top of this page. Instawork reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. When any significant or material changes are made to this Privacy Policy, users will receive a notice on or through the Services for thirty (30) days before such changes take effect. After such thirty (30) days, the changes will become effective. Additionally, Instawork will make reasonable efforts to email its users and otherwise provide notice of such changes on or through the Services notifying them of such changes. You understand that you have an affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes. The most current version of the Privacy Policy is available at https://instawork.com/legal/instawork-privacy-policy.
If you continue to use the Services after the effective date of changes to this Privacy Policy, you will be considered to have agreed to and accepted the changes. If you do not agree to the changes to the Privacy Policy, you have the option of closing your Registered Account and/or you can choose to stop using the Services.
If you reside in California, the California Consumer Privacy Act (“CCPA”) provides you with additional rights to know, access, and delete your personal information. You also have the rights to opt out of the sale of your personal information by a business and to be free from discrimination for exercising your California privacy rights. To be clear, Instawork will not discriminate against you for exercising your privacy rights, nor do we “sell” your personal information. However, if under the CCPA the term “sell” is interpreted to include sharing your personal information for personalized advertising, we will comply with the applicable law regarding such activity.
Right to Know. You have the right to know the categories of Personal Information we have collected about you over the past 12 months, including:
Although the information we collect is described in greater detail above in Section 2, we collect:
For more information on our collection practices, including the types and sources of information we receive, please review our Privacy Policy above, specifically, “Information You Give Directly to Us” (Section 2.1), “Information Created When You Use The Services (Section 2.2), and “Information From Other Sources,” (Section 2.3). For information on why and how we use your information and with whom we share it, please review “Disclosure And Use” (Section 3), and “Other Authorized Disclosures” (Section 4).
Right to Access & Delete. If you would like to download or delete your Personal Information, you can do so by emailing us at privacy@instawork.com. You may also designate an authorized agent to make a request to access or delete your information. We do not currently have a method of verifying to a reasonable degree of certainty the identity of users who do not have a Registered Account, as we do not maintain enough Personal Information to enable us to verify such users. Accordingly, we cannot honor the access or deletion requests of non-registered users at this time. Additionally, there are a number of exceptions to the information we delete, including but not limited to when information is necessary for us or a third party to do any of the following:
Do-Not-Track Disclosure: We are committed to providing you with meaningful choices about the information collected on our Platform for third-party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link. However, we do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.
California Law permits California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable California law) to third parties for such third parties’ direct marketing purposes. To make such a request, please send written notice, by certified mail or Federal Express (signature required), noting that you are making a “California Privacy Request” to the following address:
Instawork
Attn: Privacy
548 Market Street
PMB 63152
San Francisco, CA 94104-5401
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at privacy@instawork.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
Instawork is located in the United States and some of its service providers (including affiliates acting in this capacity) are located in the United States or elsewhere outside of Canada. As a result, your Personal Information will be processed and stored outside of Canada for the purposes described in this Privacy Policy. While outside of Canada, Personal Information will be subject to applicable local laws, which may permit government and national security authorities in those jurisdictions to access your Personal Information in certain circumstances.
You may request access to or correction of your Personal Information, or withdraw consent to our collection, use or disclosure of your Personal Information, by writing to privacy@instawork.com. These rights are subject to applicable contractual and legal restrictions and reasonable notice. We may take reasonable steps to verify your identity before honoring any such requests.
Feel free to contact us any time if you have further questions about the Services or our privacy practices. If you have any questions regarding this Privacy Policy, please contact us via email at privacy@instawork.com with the word “Privacy” in the subject line. Alternatively, you can write to us at Instawork, Attn: Privacy, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401.