The OnPoint HR and GigHR services, including (without limitation) all websites, mobile applications and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by OnPoint HR Solutions, Inc., a California company (referred to in this Privacy Policy as “OnPoint” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Policy outlines the Personal Information that OnPoint may collect, how OnPoint uses and safeguards that information, and with whom we may share it.

 

THIS SERVICE IS NOT INTENDED FOR USE OUTSIDE THE UNITED STATES (“US”), IN PARTICULAR, IT IS NOT INTEDED FOR USE IN THE EUROPEAN UNION (“EU”). For individuals located outside of the US, please note that OnPoint is a US based company. If you use the Service, all information, including Personal Information, will be transferred to OnPoint in the US and used as described in this Policy.

OnPoint encourages our clients, visitors, business associates, and other interested parties to read this Privacy Policy, which applies to all users, including users who are simply viewing content available via the Service, clients seeking to fill open positions through the Service (“Clients”), and professionals/executives/consultants who have provided information to the Service to seek an open position (“Professionals”).

 

By using our Service or submitting Personal Information to OnPoint by any other means, you acknowledge that you understand and agree to be bound by this Privacy Policy, and agree that OnPoint may collect, process, transfer, use and disclose your Personal Information as described in this Policy. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “TERMS OF SERVICE”). If you do not agree to any of these terms, you should not use the Service.

 

What Personal Information do we collect about you?

Personal Information (also commonly known as Personally Identifiable Information (PII) or Personal Data) is information that can be used to identify you, or any other individual to whom the information may relate. We do not collect Personal Information unless you choose to provide it to us.

 

The Personal Information that we collect directly from Professionals for their profile, includes the following:

  • Name and contact information (e.g. home and/or business address; home, business, and/or cell phone number; personal and/or business email; fax, etc.);
  • A brief bio;
  • Work and education history;
  • Areas of expertise and competencies;
  • Summaries of completed projects;
  • Current work availability;
  • Availability for work-related travel or on-site work at Clients;
  • Information contained on your resume;
  • Information about third parties, such as references or contacts, that you provide to us if you have their express written consent to do so.

 

The Personal Information that we may collect from Clients includes the following:

  • Name and contact information of Client representatives;
  • Billing information.

 

If you use our Site to post a resume, please understand that any Personal Information contained in that resume will be collected and used as described in this Policy. OnPoint may modify or adjust your resume for both formatting and content, including modifications to the Personal Information contained in your resume. We will confirm any content changes with you before making your resume available to view or sharing your resume with Clients.

 

Please note that your resume should not contain sensitive data relating to your (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or genetic makeup (vi) addictions, sexual life (vii) the commission of criminal offences or proceedings and associated penalties or fines, or (viii) any Social Security Number or national identification number, unless you have previously sent to us your written consent that we may process such Personal Information, if OnPoint determines consent to be a requirement of applicable law. If you provide such sensitive data to OnPoint on your resume, that data will be promptly deleted by either (i) modifying your resume as indicated in this section or (ii) deleting your resume in its entirety and asking you to upload a version without sensitive data.

 

How do we use your Personal Information?

Subject to the terms of this Privacy Policy, OnPoint uses your Personal Information in several ways:

  • to administer the Service to you;
  • to evaluate a Professional profile for a Client;
  • to respond to your requests;
  • to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
  • as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
  • to send to you OnPoint opportunities, product announcements, and the like that we feel may be of interest to you (you may “opt out” of receiving these marketing materials);
  • in other manners after notice is provided to you and/or your consent is obtained, if necessary.

 

OnPoint does not sell, re-sell, or distribute for re-sale your Personal Information.

 

How can you control the Personal Information provided to OnPoint?

Professionals should post profiles and resumes on the Service only if they wish such information to be viewed by OnPoint and our Clients. OnPoint and GigHR offer the ability to modify, update, or delete your Personal Information through your profile page.

 

How do we share your Personal Information with third parties?

We may share your information with Clients looking to hire a Professional, but we will only do so after first contacting you to confirm that you wish your Personal Information to be shared with that Client.

 

We may provide Personal Information to OnPoint employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf. In such circumstances, we require that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.

 

We will not share your Personal Information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

 

In addition, we may release Personal Information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user or protect the public welfare; (ii) to respond to a court order, subpoena, or search warrant; or (iii) in the event we are acquired by or merged with a third-party entity.

 

Cookies, Device Data, and How it is Used

When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. OnPoint uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.

In addition, we may use “cookies,” clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject, or provide you with notice when a cookie is sent. Our cookies can only be read by OnPoint; they do not execute any code or virus; and they do not contain any Personal Information. Cookies allow OnPoint to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service and to deliver content (which may include third party advertisements) specific to your interests.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Service. We may permit these service providers to use cookies and other technologies to perform these services for OnPoint. We do not share any Personal Information about our Clients with these third-party service providers, and these service providers do not collect such information on our behalf. Our third-party service providers are required to comply fully with this Privacy Policy.

 

International Data Transfer

For individuals outside the US, in particular Switzerland and the EU, please note that OnPoint is a US based company. OnPoint does not market to or solicit Clients from outside the US, therefore, users of the Service should not expect to avail themselves of the rights provided under the EU’s General Data Protection Regulation (“GDPR”). If you use the Service, all information, including Personal Information, will be transferred to OnPoint in the US. By using the Service, you unambiguously consent to the transfer of your Personal Information and other information to the US and elsewhere for the purposes and uses described in this Policy. Further, you acknowledge that OnPoint is not subject to the GDPR or similar international privacy laws, and, therefore, you will be unable to claim the privacy rights provided in those laws.

Children’s Privacy

The Service is not available to children under 13 years of age. We do not knowingly collect Personal Information from children under 13 years of age.

 

Information Storage and Security

OnPoint retains information as long as it is necessary and relevant to provide you with the Service. We also retain Personal Information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, collect any fees owed, and other actions permitted by law. After it is no longer necessary for us to retain information, we dispose of it according to our data retention and deletion policies.

We employ industry-standard security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach

of security is suspected.

California Privacy Rights

California Civil Code Section 1798.83 permits users of the Service who are California residents to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with “California Privacy Rights” in the heading to info@onpointhr.com or write us at:

 

OnPoint HR

50 California Street, Suite 1500

San Francisco, CA 94111

 

Changes to this Privacy Policy

OnPoint reserves the right to modify this Privacy Policy from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Policy, OnPoint will post the revised Policy on our website. This Privacy Policy was last modified as of May 2019.

How to Contact Us

Questions regarding this Privacy Policy should be directed info@onpointhr. or contact us at:

 

OnPoint HR

50 California Street, Suite 1500

San Francisco, CA 94111