SwipeClock Global Privacy Policy

Effective: November 15, 2020

SwipeClock (“We”, “Us”, “Our”, or “SwipeClock”) has created this Global Privacy Policy in order to demonstrate our firm commitment to protecting personal privacy.  We believe that privacy is the foundation on which all other personal freedoms are built.  We take this seriously!

  1. Overview

This Global Privacy Policy describes the ways SwipeClock manages the Personal Information (information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular data subject) it maintains and this Global Privacy Policy applies to all SwipeClock websites, products, and services. We collect Personal Information from the following individuals:

  • Current, prospective, and former customers (“Customers”);
  • Suppliers, vendors, subcontractors, business partners, resellers of SwipeClock services (“Resellers”);
  • Visitors of SwipeClock’s websites and mobile applications (“Visitors”);
  • Employees of SwipeClock’s Customers; and
  • SwipeClock Resellers’ customers as directed by our Customers in the course of using our services.

The types of Personal Information we may collect depend on the nature of the relationship that you have with SwipeClock and the requirements of applicable law.  We collect only information relevant for our business purposes and we do not engage in automated decision-making with regards to your Personal Information.

Our Employee Privacy Policy governs the management of Personal Information of our employees and contractors and shall control in the event of a conflict with this Global Privacy Policy.

  1. Information We Collect

Depending on how you interact with SwipeClock and/or our websites and the services you use, we may collect the following Personal Information from you.

Please note that your employer may collect other Personal Information from you that is not shared with SwipeClock. Please contact your employer for additional information on the categories and specific instances of Personal Information they collect.

Categories of Personal Information Specific Personal Information Sources of Personal Information
Identifiers

Name (including former and maiden names)

Title

Mailing Address

Phone Number

E-mail Address

Social Security Number

Date of Birth

Drivers’ License/Passport Numbers

Citizenship Information (Alien Registration Number/USCIS Number/I-94 Admission Number/Foreign Passport Number)

Business/Company Affiliation

Account Username and Passwords

Employee Identification Number

Your Employer, Contacting Us (via Website, Email, Phone, or by Mail), Employment Applications, Account Registrations/Applications (including those for free trials), Online Surveys/Competitions or Drawings, Social Media Interactions (including your posts to our pages), Downloading Information from Our Website (whitepapers or other publications), Purchases Made on Our Website
Financial Information (information described in CA Code §1798.80)

Credit Card Numbers

Banking Information (Direct Deposit Information)

Other Financial Information Related to Payments for Services or Goods

Your Employer, Contacting Us (via Website, Email, Phone, or by Mail), Employment Applications, Downloading Information from Our Website (whitepapers or other publications), Purchases Made on Our Website
Internet/ Electronic Activity

Device Identification Number/Type

Webpage Views

Websites or Applications You Navigate To or From Our Site

Referral URL, Browsing History

Mobile Device Interactions, Website Cookies
Geolocation Data Location Information Mobile Device Interactions, Website Cookies
Biometric Data Fingerprints Your Employer
Professional or Employment-Related Information

Paystub and W-2 Information, Salary

Date of Hire/Termination

Employee Classification

Emergency Contact Information**

Time-In/Time-Out

Your Employer, Contacting Us (via Website, Email, Phone, or by Mail), Employment Applications, Account Registrations/Applications (including those for free trials)

Note that, while we may use fingerprints to authenticate you depending on what services you use, we do not store fingerprints in an identifiable format.  We have included the collection of fingerprints above for the purposes of transparency only.

Information from Third Parties:  For customer due diligence purposes, and as permitted by applicable laws, SwipeClock may also enhance the Personal Information we collect from you with information we obtain from third parties that are entitled to share that information (e.g., information from credit agencies, search information providers, or public sources.

Please note that our Resellers may utilize a mobile application to capture some of the Personal Information listed here. Please refer to Reseller’s privacy policies for additional information on how your Personal Information is collected, maintained, and shared with us and others, as applicable.

**Where you provide us with Personal Information about someone else, you are responsible for ensuring that you comply with any obligation and consent obligations under applicable data protection laws, including obtaining their explicit consent to do so beforehand. You may share or direct them to this Global Privacy Policy for details on how we collect, maintain, and share Personal Information.

  1. How We Use Personal Information

As permitted by applicable laws, we may collect and use your Personal Information for the following purposes:

  • To provide you with services and fulfill our contractual obligations. For example, we may use your information to:
    • provide any information and services that you have requested or any applications or services that you have ordered;
    • manage and administer your use of applications, products, and services you have asked us to provide;
    • monitor, measure, improve, and protect our content, website, applications, and services and provide an enhanced, personal user experience for you;
    • provide, maintain, protect, and improve any applications, products, services, and information that you have requested from us;
    • monitor, measure, improve, and protect our content, website, applications, and services and provide an enhanced, personal user experience for you;
    • manage our relationship with you (for example, customer services and support activities);
    • provide you with location-based services (for example, advertising and other personalized content) where we collect geolocation data; and/or
    • check specific information from your device or systems directly relevant to your use of the websites, applications or services against our records to make sure the websites, applications or services are being used in accordance with our end user agreements and to troubleshoot any problems.
  • To conduct our business. For example, we may use your information to:
    • compare information for accuracy and to verify it with third parties;
    • undertake internal testing of our website, applications, systems, and services to test and improve their security and performance (in these circumstances, we would anonymize any Personal Information used for such testing purposes);
    • provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
    • comply with applicable laws, regulations, or government requests, including to detect, prevent, investigate, or remediate crime, illegal or prohibited activities, or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
    • consider employment applications and recruitment activities, including administration or management if you commence work for SwipeClock;
    • monitor and carry out statistical analysis and benchmarking, provided that in such circumstances it is on an aggregated basis which will not be linked back to you or any living individual;
    • contact you to see if you would like to take part in our customer research (for example, feedback on your use of our applications, products, and services);
    • deliver targeted SwipeClock advertising, marketing (including in-product messaging), or information to you which may be useful to you based on your use of our applications and services; and
    • deliver joint content and services with third parties with whom you have a separate relationship, including payroll providers;
    • collect information about how you and users use the functions of the features of our website, applications and services; and/or
    • gather statistical information about the operating system and environment from which you access our applications or services.
  1. How We Share Personal Information

SwipeClock does not sell your Personal Information to third parties.  However, we may share your information with:

  • other companies within the SwipeClock family, including affiliated business entities and those companies listed at the bottom of our website homepage;
  • other Business Partners, including suppliers, vendors, subcontractors, business partners, and Resellers and their agents (including their sub-contractors) or third parties that process information on our behalf (e.g., internet service and platform providers, payment processing providers, and those organizations we engage to help us send communications to you);
  • third parties where you have a relationship with that third party and you have consented to us sending information (e.g., social media sites or other third-party application providers);
  • credit reference and fraud prevention agencies;
  • regulatory authorities, law enforcement agencies, and third parties in the context of actual or threatened legal proceedings, provided we can do so lawfully (e.g., in response to a court order), or where there are mandatory statutory or regulatory reporting requirements for the detection or prevention of unlawful acts;
  • our own and SwipeClock Group professional advisors and auditors for the purpose of seeking professional advice or to meet our audit responsibilities; and/or
  • another organization if we sell or buy (or negotiate to sell or buy) any business or assets, or otherwise transfer our agreement with you.

We may also share information about the use of our website, applications, products, or services publicly or with third parties, but this will not include Personal Information.

  1. Your Rights and Choices Regarding Your Personal Information

Based upon where you reside, certain choices and rights with regards to your Personal Information may be available to you. Please see below for information on how to contact us to exercise these rights.

Residents of the EEA

SwipeClock does not operate in the European Economic Area (“EEA”), however our products may be licensed for use by entities operating there. As a result we may collect incidental information from residents of the EEA and to that extent we acknowledge that under the General Data Protection Regulation (“GDPR”) residents of the EEA have the following rights:

  • The right to object to our processing of your Personal Information.
  • The right to request that your Personal Information be erased or restricted from further use.
  • The right to correct, amend, or update the Personal Information you have given us.
  • The right to contest any automated decisions we have made about you. Please note that SwipeClock does not engage in automated decision-making.
  • The right to register a complaint with your supervisory authority.

When handling a data access or correction request, we check the identity of the requesting party to ensure that he or she is the person legally entitled to make such request. Such requests are provided free of charge however a reasonable fee may be applied charged to cover our administrative costs incurred for requests that are manifestly unfounded, excessive or repetitive.

Cross-Border Data Transfers

We operate globally and may transfer your Personal Information to affiliated companies of SwipeClock or third parties in locations around the world for the purposes described in this Global Privacy Policy.  By agreeing to this Global Privacy Policy, you expressly consent to the processing of your data in any jurisdiction, including, without limitation, the United States of America, in accordance with this Global Privacy Policy and applicable privacy and data protection laws and regulations, including Standard Contractual Clauses approved by the European Commission; and Binding Corporate Rules.

Residents of California

Under the California Consumer Protection Act of 2018, as amended, (the “CCPA”), residents in the State of California are provided with specific rights regarding the collection and storage of their personal information.

You may find a copy of this Privacy Policy in PDF format [here]. For individuals with disabilities, alternative methods of viewing or receiving this privacy policy can be found [here].

You have the right to request that we provide to you the following information about our collection and use of your personal information over the past twelve (12) months. Once your verifiable consumer request has been confirmed, we will disclose to you:

  1. The categories of personal information we have collected about you.
  2. The categories of sources for the personal information we have collected about you (e.g., use of cookies, third party, etc.).
  3. Our business or commercial purpose for collecting or selling that personal information.
  4. The categories of third parties with whom we share or have shared that personal information.
  5. The specific pieces of personal information we collected about you (also called a data portability request).
  6. If we have not sold or disclosed your personal information for a business purpose, we will disclose this fact. If we have sold or disclosed your personal information for a business purpose, including direct marketing, we will provide you with two separate lists disclosing:
    1. Sales, identifying the personal information categories that each category of recipient purchased; and
    2. Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

CCPA Deletion Request Rights

You have the right to request that we delete any of the Personal Information collected from you and retained, subject to certain exceptions. Once your verifiable consumer request is confirmed, we will delete and direct our service providers to delete your Personal Information from our records. Your request to delete the Personal Information collected may be denied if it is necessary for us to retain your information under one or more exceptions listed in the CCPA.

Exercising Your Rights

To exercise any of the rights described above, please email us at [email protected].

Please note that Consumers have a right to not receive discriminatory treatment for the exercise of their rights under the CCPA.

Verifying Your Request

Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child. In all cases, your request must be verified before we take action (and shall take such action pursuant to the timing permitted under the CCPA). Verifying your request may require you to:

  • Provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information, or a person authorized to act on your behalf; and
  • Describe your request with sufficient detail to properly understand and respond to it.

We will only use the personal information that you have provided in a verifiable request in order to verify your request. As stated above, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority.

Making a verifiable request does not require you to create an account with us. We consider a request made through your password-protected account sufficiently “verified” when the request relates to personal information associated with that specific account and you have complied with any of our existing authentication practices.

Response Timing and Format

We aim to respond to customer requests within forty-five (45) days of receipt. If we are unable to deliver a response to verifiable consumer requests within this timeframe, we will inform you of the reason and estimated extension period in writing.[1] We will deliver a response to your existing account with us, if applicable, or a written response by mail or electronically, at your option.

Any disclosures will cover only the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. Data portability requests will be issued in a format that is readily useable, we do not charge a fee unless your request is excessive, repetitive, or manifestly unfounded. If the request warrants a reasonable fee, we will tell you why and provide you with a cost estimate before completing your request.

Fees

Please note that we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive, or manifestly unfounded.

  1. Securing Your Personal Information

SwipeClock takes the security of your Personal Information very seriously and we have implemented technical, physical, and organizational security safeguards designed to protect your Personal Information from loss, misuse, and unauthorized access and disclosure.  We regularly monitor our systems for possible vulnerabilities and attacks.  If we have given you (or you have chosen) a password to access certain areas of our websites, applications, or services, please keep this password safe—we will not share this password with anyone. In the event that Personal Information is compromised due to a breach of security, SwipeClock will promptly notify the affected individuals in compliance with applicable law.

We retain your Personal Information only for as long as needed to respond to your inquiries and to achieve the purposes described in this Global Privacy Policy. We also retain Personal information in order to protect our and other’s rights, resolve disputes, or enforce our legal terms or polices to the extent permitted under applicable law.

  1. Children

Our Sites are not directed to children under 13.  We do not knowingly collect, use, or disclose Personal Information from anyone under 13 years of age.  If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent.  If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

  1. Changes to Our Global Privacy Policy

From time to time, we may change this Global Privacy Policy to accommodate new technologies, industry practices, regulatory requirements, or for other purposes.  We will provide notice to you by email and/or prominently display an alert on our webpages if these changes are material.  Where required by applicable law, we will obtain your consent.  If you object to any changes, you may close your account.  You acknowledge that your continued use of our websites after we publish or send a notice about our changes to this Global Privacy Policy means that the collection, use, and sharing of your Personal Information is subject to the updated Global Privacy Policy.

  1. Contact Information & How to Update Your Personal Information

If you have a comment or question about this Global Privacy Policy, our privacy practices, or you would like to exercise any of your rights as outlined in this policy, please send an email to [email protected] or write us at:

SwipeClock
10813 S. River Front Pkwy, Suite 500
South Jordan, UT 84095

You may also contact us toll-free at 888-223-3450.

[1] The response period may be extended up to forty-five (45) additional days where necessary, taking into account the complexity of your request.