Privacy & Terms

GOTOSHIFT LLC (“GTS”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.GOTOSHIFT.COM (“SITE”), THE GOTOSHIFT SOFTWARE PROGRAM AND ADD-ONS (THE “PROGRAM”). THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE AND SOFTWARE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS SITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS SITE.

 

BY USING THIS SITE, PROGRAM AND ADD-ONS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS” OR “AGREEMENT”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE GTS SITE, PROGRAM, OR ANY OF THEIR CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY GTS FROM TIME TO TIME, IN ITS SOLE DISCRETION, WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS SITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

 

  1. The Service

1.1 Services. GTS makes available to its customers and their end users the GTS software-as-a-service software Program, and associated employer scheduling, communications and management services, as well as Program (collectively, the “Services”).  GTS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, including modifying features or Services packages.

 

1.2 Users. GTS may make certain Services available to our customers and/or their employees and other end users (collectively, “Users”). GTS reserves the right to refuse to provide the Services to anyone for any reason at any time.

 

1.3 Trials. If you register for a free trial of the Services, then, subject to this Agreement, GTS grants you a limited, personal, non-transferable, non-sub-licensable, internal license to use the Services for non-production, evaluation purposes during the applicable Trial Period. In addition, you agree to allow GTS to contact you using the provided phone number and/or email address for marketing, sales, support, research, or other purposes. For the purposes of this Agreement, “Trial Period” means the time starting from your registration to use a free trial of the Services until the earlier of (a) the end of the free trial period for which you registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (b) the start date of any paid subscription for the Services.  You  will not be entitled to receive any support from GTS for your use of a free, trial subscription for the Services. GTS may terminate the Trial Period for any free trial of the Services at any time in its sole discretion and may accept or decline any request for a free trial version of the Services in its sole discretion.  ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICES AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICES WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICES. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICES.  NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICES IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Services may appear on the applicable registration page.  Any such additional terms and conditions are incorporated into this Agreement by reference.

 

  1. Accounts

2.1 Registration. In order to use the Program or Services, you may be required to register for an account (“Account”). You agree to provide and maintain accurate and up-to-date information to GTS. Any personal information collected in the course of registering for an Account or providing you with the Services will be governed by our Privacy Policy, which is available at: https://www.gotoshift.com/privacy-policy. If you are registering for an Account on behalf of a company, entity or other organization, you represent and warrant that you have the authority to enter into this Agreement and bind the organization.

 

2.2 Eligibility. In order to register for an Account, you must (a) be at least the age of majority in your jurisdiction of residence (or have consent from a parent/guardian); and (b) agree to these Terms as well as our Privacy Policy.

 

2.3 Account Restrictions. Accounts are for single users only and may not be shared by more than one individual. You are solely responsible for maintaining the security of your Account and password. GTS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

 

2.4 Employees. If your User Account is linked to your employer’s Account, certain information will be shared with your employer and your employer may be able to change and update Account settings. If your organization ceases or changes its subscription to the Services, you may not be able to continue using any or all of the Services in respect of such organization and you may lose access to certain data and content stored on the Services.

 

  1. Payment Term

3.1 Fees. If you enroll for a paid subscription to the Program and/or Services, you will be charged the fees and all other applicable amounts (“Fees”) quoted you on your written or electronic order form (“Order Form”). Unless otherwise stated on your Order Form, the Fees will be billed in advance on either a monthly or annual basis and are non-refundable. There will be no refunds or credits for any partial use of the Program/Services.

 

3.2 Payment & Charges. Unless otherwise stated on your Order Form, all Fees must be paid by credit card, which payments will be processed using a third-party payment processor. You shall: (a) keep the billing, credit card and payment information you provide to GTS or its suppliers or payment processors, including name, credit card number and expiry date, mailing address, billing address, email address and telephone number, accurate and up to date; otherwise; (b) promptly advise GTS if credit card information changes due to loss, theft, cancellation or otherwise; (c) be liable for failure to pay any charges or fees caused by your failure to provide GTS with up to date billing information.

 

3.3 Taxes. The Fees payable to GTS do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You understand and acknowledge that you are responsible for paying all Taxes associated with the purchase of the Services. If GTS has the legal obligation to pay or collect Taxes for which you are responsible, GTS will invoice you and you will pay that amount unless you provide GTS with a valid tax exemption certificate authorized by the appropriate taxing authority.

 

3.5 Price Changes.  GTS may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion, including, but not limited to, changing the monthly subscription plan fees for the Services. Prices of all services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the GTS Site (www.gotoshift.com) or the Services itself. GTS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

 

3.6 Limits. GTS reserves the right to impose reasonable limits on bandwidth and SMS usage, as part of the Services. In the event that you exceed such limits, GTS may charge you additional fees and/or suspend your access to the Program. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by GTS) of other GTS customers, we reserve the right to immediately disable your account or throttle your account until you can reduce your bandwidth consumption.

 

  1. Subscription Cancellation

4.1 Subscription Term. If you enroll for a paid subscription to the Services, the term of the Subscription will be indicated to you at the time of enrollment and will automatically renew for periods of equal length to the initial term (e.g. monthly, annually etc.).

 

4.2 Cancellation. You are solely responsible for properly cancelling your account. You can cancel your account at any time by calling our toll-free number listed at the top of our website and speaking to a representative or by emailing support@gotoshift.com. If you cancel the Services before the end of your current term, your cancellation will take effect immediately and you will not be charged again. No refunds will be provided for any pre-payment of Services or subscriptions cancelled prior to the end of a term.

 

4.3 Data. Upon cancellation or termination personal information may stay on GTS systems in accordance with our Privacy Policy.

 

  1. Content

5.1 User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Site, Program or by Users (“User Content”) is the sole responsibility of such Users. This means that you, and not GTS, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. You are responsible for obtaining all necessary consents to upload User Content, including any third-party content or personal information, to the Services. GTS does not control or actively monitor user content and, as such, does not guarantee the accuracy, integrity, suitability or quality of such content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will GTS be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services. If your User Content will include any personal data of individuals located in the European Economic Area, you are responsible for notifying GTS and you hereby agree to GTS Data Processing Agreement (https://www.gotoshift.com/dpa).

 

5.2 License. By submitting, posting or displaying User Content on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free, world-wide, perpetual license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content to the extent required to provide the Services. Notwithstanding the foregoing, if you are using the Services under an organization Account, your organization may be the owner of your User Content. You further grant GTS a perpetual, irrevocable, and unlimited license to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Program use and other Services and User parameters and characteristics (“Anonymous Service Data”) in accordance with the GTS Privacy Policy and provided that GTS will not disclose any information provided by you or your third-party integrations in any manner other than in anonymous or aggregated form without your prior consent. GTS shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and You hereby assign, transfer and convey to GTS any ownership interest You may have in any Anonymous Service Data.

 

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

 

5.3 Feedback. If you provide GTS with any suggestions, comments or other feedback relating to any aspect of the Site, Program and/or Services (“Feedback”), GTS may use such Feedback in the Site, Program or in any other GTS products or services (collectively, “GTS Offerings”). Accordingly, you agree that: (a) GTS is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to GTS, (c) GTS (including all of its successors and assigns and any successors and assigns of any of the GTS Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any GTS Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from GTS or any of the other users of the Website in respect of the Feedback.

 

5.4. GTS’ Rights. GTS reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate Users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of our users and the public.

 

  1. Restrictions on User Content and Use of the Services

6.1 Restrictions. In using the Site, Program and/or Services you shall not:

 

Use the Services other than as permitted by the type of subscription which you have subscribed for, as further described at the time of subscription; copy any content unless expressly permitted to do so herein; upload, post, email, transmit or otherwise make available any material that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; You do not have a right to make available under any law or under a contractual relationship; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Site or that of any users or viewers of the Site or that compromises a user’s privacy; or

contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; impersonate any person or entity or misrepresent their affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Site or impersonate another person or organization; interfere with or disrupt the Site, Program or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; intentionally or unintentionally violate any applicable local, state, national or international law or regulation; collect or store personal data about other users or viewers; license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Program, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Site or Program in a manner that utilizes the resources of the Site more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Site.

 

  1. End User License

Except for User Content, this Site, the Services and the information and materials that it contains, are the property of GTS and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, GTS grants you a non-transferable, non-exclusive, license to (a) use the Services for your use, and (b) use the Site on a computer device or mobile device that you own or control, in each case solely for your own use (the “License”). The Site is licensed to you and not sold. Nothing in the Terms gives you a right to use the GTS or GTS names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of these Terms.

 

  1. Third-Party Websites and Services

8.1 Links. This Site, Program (including User Content) may contain links to other websites that are not owned or controlled by GTS. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by GTS of that third party, third party product or service. GTS is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Site are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Site of a link to any other website(s) does not imply that GTS endorses or accepts any responsibility for the content or use of such websites, and you hereby release GTS from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

 

8.2 Third-Party Services.  If you use any third-party service, whether accessed through the Program or otherwise, including but not limited to any third-party log in, you acknowledge and agree that you will be bound by and terms and conditions of such third-party service provider. Further, GTS is not responsible for impact on your use of the Program or Services caused by your use of any third-party service or integration.

 

  1. DISCLAIMERS

9.1 No Advice. As part of the Services, GTS offers notifications to Users related to compliance with labor laws (e.g. calculations of overtime, working irregular shift schedules, etc.). However, this tool is for information purposes and does not constitute legal or professional advice. You expressly agree that you are solely liable for compliance with all applicable labor laws and regulations and you hereby indemnify and hold harmless GTS from any damages or losses relating to your use of such tools.

 

9.2 Disclaimer of Warranties. THE SITE, SERVICES, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GTS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. GTS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY SITE THAT CAN BE REACHED FROM A LINK ON THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND GTS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. GTS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.

 

  1. LIMITATION OF LIABILITY

10.1 EXCLUSION OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL GTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THIS SITE, PROGRAM OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE, OR (E) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE, PROGRAM, OR SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF GTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

10.2 TOTAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GTS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID GTS IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

10.3 EXCLUSION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless GTS and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Program or Services, including any User Content transmitted or received by you or your Users; (b) violation of any term of this Agreement, including without limitation breach of any of the representations and warranties above, by you or your users; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) violation of any applicable law, rule or regulation by you or your users, including applicable labor laws; (e) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (f) your gross negligence or willful misconduct; or (g) any other party’s access and use of the Services (or access and use of any third-party service via the Services) with your unique username, password or other appropriate security code.

 

12.Termination

12.1 Termination by GTS. GTS may, under certain circumstances and without prior notice, immediately terminate your ability to access the Site, Program or portions thereof, including the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with GTS (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to GTS), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the site (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Site may also include removal of some or all of the materials uploaded by you to the Site.

 

12.2 Survival. The following sections shall survive any termination or expiration of this Agreement: 3, 4, 5, 9, 10, 11, 16, 17 and 18.

 

13.Publicity

Each party may include the name and logo of the other party in lists of customers or vendors in accordance with the other party’s standard guidelines.

 

14.Availability & Updates

GTS may alter, suspend, or discontinue this Site, the Program, or Services at any time and for any reason or no reason, without notice. The Site, Program, and Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.

 

15.Security

Information sent or received over the Internet is generally unsecure and GTS cannot and does not make any representation or warranty concerning security of any communication to or from the Site, Program, or Services or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. GTS will not be liable for any loss or damage arising from your failure to comply with these requirements.

 

  1. Governing Law and Jurisdiction
  • All matters relating to the Products and these Terms of Service and any dispute or claim arising from or related to the Products or these Terms of Service (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule, whether of the State of Ohio or any other jurisdiction.

 

  • Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Bowling Green and County of Wood (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to a venue in such courts.

 

17.General

17.1 Entire Agreement. These Terms of Use, together with the GTS Privacy Policy and Data Processing Agreement (if applicable), constitutes the entire agreement between the parties relating to the Site and Services and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

17.2 No waiver. The failure of GTS to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by GTS must be in writing and shall only apply to the specific instance identified in such writing.

17.3 No Assignment. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without GTS’s prior written consent.

 

17.4 Contact. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Site or Services, please contact us at: support@gotoshift.com.

1 INTRODUCTION: 

GoToShift LLC (or ” we“, or “ GTS”) values and respects the privacy of individuals and as a result we have updated our Privacy Policy to align with applicable data protection legislation, including the European General Data Protection Regulation (Regulation (EU) 2016/679) and any other legislation in force which applies to privacy or the handling of personal data (the ” Data Protection Legislation“).

This Privacy Policy aims to clearly outline our policies and procedures for collecting, using, storing and disclosing personal data of individuals. In this Privacy Policy, “ Personal Data” refers to information about identifiable individuals and information which can be used to identify an individual. Any capitalized term in this Privacy Policy that is not defined shall have the same meaning as the defined term in our Terms of Use.

GTS’s service offering involves providing organizations and individuals within those organizations with access to and use of the GTS Services which allows our customers to and their staff members to administer work scheduling (the “ Service”) through their devices (any computer used to access the GTS Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device (each a “ Device”).

This Privacy Policy explains what we do with your Personal Data when:

  • your organization signs up to the Services and you access the GTS Services using a business Account, or you register for an individual Account not linked to a company, or decide to continue to use an individual Account or individual account features after no longer being associated with your organization, via our website (www.gotoshift.com), subdomain (*.gotoshift.com), through applications on devices, through APIs, or through third-parties, or partner marketplaces (together, the ” Users“);
  • you visit our website www.gotoshift.com (the “Site“) while browsing the internet (together, the “Site Users“); and
  • you call our customer service team or sales team for any purpose (” Phone User“).

GTS may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here. GTS will also notify affected individuals of any material changes in the way we process data.

  1. GTS Role as Data Controller and Data Processor

Our primary purpose for collecting and using your Personal Data is to provide the Services to you and your organization. We use Personal Data to allow Users to access and use the GTS Services on the instructions of your organization and on behalf of your organization. This makes us a “data processor” for the purposes of the Data Protection Legislation. Please see section 4 (“How do we use your Personal Data”) for more information.

If you are a Site User, we use your information for our own purposes. This makes us a “data controller” for the purposes of the Data Protection Legislation. Please see section 4 (“How do we use your Personal Data”) for more information.

If you are a Phone User, we may record your call for our own purposes. This makes us a “data controller” for the purposes of the Data Protection Legislation. Please see section 4 (“How do we use your personal information”) for more information.

  1. WHAT KIND OF PERSONAL DATA DO WE COLLECT? 

2.1 Services Users: 

We need to use Personal Data in the course of providing the Services to you and your organization and for ancillary purposes set out in this Privacy Policy. Depending on the relevant circumstances and requirements, we may collect some or all of the Personal Data listed below to help us with this:

  • Name;
  • Phone number;
  • Date of Birth;
  • Credit card details or other billing information;
  • Email address;
  • Business postal addresses;
  • Profile photo;
  • Any further Personal Data contained in any files that you upload, download, or create (“ Files”) within the GTS Services; and
  • Log data from your Device, its software, and your activity using the GTS Services including the Device’s Internet Protocol (“ IP”) address, browser type, locale preferences, geo-Location Information, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the GTS Services.

In particular, Users are required to submit Personal Data to create an Account and use the Service. Our customers’ staff members create employee profiles to allow their employer and fellow employees to interact with them on the Services.

Personal Data associated with your personal profile, that is not specific to an employer, such as name, availability, time off, profile picture and tip information (“ Profile Data”) will remain associated with your Account for as long as your Account is active, whether or not your Account is linked to an organization.

When you use the Service, Personal Data related to your employment, such as job tag, hourly rate, department, company, schedule, schedule preferences, shifts, and attendance is collected in order to provide you and your organization with the Services, such as scheduling (“ Employment Information”).

2.2 Website Users:

We collect a limited amount of Personal Data from our Site Users which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes log data such as your Device’s IP address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information and other interactions with the Site. If you contact us via the Site (including via any chat widget), we will collect any information that you provide to us, for example your name and contact details to order to respond to the inquiry.

2.3 Phone Users:

We collect a limited amount of Personal Data by recording and subsequently storing certain telephone calls. On each occasion, you will be notified whether the call is being recorded at the commencement of the call. The primary purpose of the call recording is to improve the quality of the services we provide. During the course of the phone call we will collect limited categories of Personal Data including name, phone number, and email address to assist us in confirming the identity of the caller.

3 HOW DO WE COLLECT YOUR PERSONAL DATA? 

3.1 Users:

We collect your Personal Data in four primary ways:

  • Personal Data that you provide to us when you register for an Account, use the Services, contact us or create content;
  • Personal Data that we receive from your organization (our Customer) and other sources, to send you email when we receive your email address to invite you to the Services; and/or;
  • Employment Information that is entered by you or your organization, or other generated from your use of the Services;
  • Personal Data that we collect automatically through the Service, in particular when you use the Services, where we automatically record Personal Data in the form of log data from your Device, its software, and your activity using the GTS Services and/or where we collect your personal data automatically via cookies, in line with cookie settings in your browser. If you would like to find out more about cookies, including how we use them and what choices are available to you, please see section 11 (” Cookies“).

3.2 Site Users:

When you visit our Site there is certain Personal Data in the form of log data that we may automatically collect, whether or not you use the GTS Services. We also collect some limited Personal Data (name, email, phone number, company name) when you opt into certain marketing activities (download template files, for example).  We also collect some limited Personal Data automatically via cookies, in line with cookie settings in your browser. If you would like to find out more about cookies, including how we use them and what choices are available to you, please see section 11(” Cookies“).

3.3 Phone Users:

As set out in Section 2 above, we collect a limited amount of Personal Data by recording and subsequently storing certain telephone calls. On each occasion, you will be notified at the commencement of the call whether the call is being recorded and for what purpose.

4 HOW DO WE USE YOUR PERSONAL DATA? 

4.1 Users:

Our primary purpose for using your Personal data is to Provide the Services to your organization. When we use your Personal Data to allow you to access and use the GTS Services, we do so on the instructions of your organization (our Customer) and on the behalf of your organization. This makes us a “data processor” for the purposes of the Data Protection Legislation. Activities that we may carry out on this basis include:

  • Allowing you to access and use the GTS Application;
  • Providing you with assistance (including technical assistance) in relation to your use of the GTS Application;
  • Personalizing and optimizing your experience of the GTS Services and providing you with software updates; and
  • Ensuring compliance with the terms of our agreement with your organization.

However, there may be certain circumstances under which we use your Personal Data for purposes that are not on behalf of your organization or in accordance with instructions of your organization. Under these circumstances, we are a “data controller” for the purposes of the Data Protection Legislation. Activities that we may carry out on this basis include:

  • Making announcements to you regarding our products and service offerings (see section 5 (” Marketing“) below);
  • Providing you with any service offering outside of the GTS Service directly;
  • Ensuring compliance with our own obligations under applicable law and regulations;
  • Using your Personal Data to help us to establish, exercise or defend legal claims; and
  • Analyzing log data/user statistics with the aim of improving the GTSService for all Users.

We may use your Personal Data for these purposes if we have a legal basis for doing so. If you would like to know more about what this means, please see section 12 (“Legal basis for processing your Personal Data”). If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this in section 9 (“How can you access, amend or take back the Personal Data that we hold about you”).

4.2 Users not linked to employer accounts: 

If you register for an Account that is not linked to any company or once you have left your organization, we are a “data controller” for the purposes of the Data Protection Legislation. Activities that we may carry out on this basis include:

  • Allowing you to continue to use and maintain your Account and/or link your Account and Profile Data to another organization;
  • Making announcements to you regarding our products and service offerings (see section 5 (“Marketing”) below);
  • Ensuring compliance with our own obligations under applicable law and regulations; and
  • Using your Personal Data to help us to establish, exercise or defend legal claims.

We may use your Personal Data for these purposes if we have a legal basis for doing so. If you would like to know more about what this means, please see section 12 (“Legal bases for processing your Personal Data”). If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this in section 9 (“How can you access, amend or take back the Personal Data that we hold about you”).

4.3 Website Users

We use your Personal Data to help us to improve your experience of using our website, for example by analyzing your recent search criteria to help us to present information to you that we think you will be interested in. This makes us a “data controller” for the purposes of the Data Protection Legislation.

4.4 Phone Users:

We use your Personal Data to help us to improve our customer experience, for example by analyzing whether the Personal Data we collect is suitable for the purpose of verifying the identity of the caller. This makes us a “data controller” for the purposes of the Data Protection Legislation.

 

5 MARKETING 

We use Personal Data of Users in order to let you know about, and invite you to participate in, our products and service offerings. We need your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the delivery of direct marketing to you through digital channels) and, depending on the situation, we’ll ask for this via an opt-in in accordance with applicable laws. If you are not happy about this, you have the right to opt out of receiving marketing materials from us and can find out more about how to do so in section 9 (“How can you access, amend or take back the Personal Data that we hold about you?”).

If you want to know more about how we obtain consent, please see section 12 (“Legal bases for us processing your Personal Data”). If you are not happy about our approach to marketing, you have the right to withdraw your consent at any time and can find out more about how to do so in section 9 (“How can you access, amend or take back the personal data that we hold about you?”)

6 INFORMATION SHARING & DISCLOSURE 

Where appropriate and in accordance with applicable laws and requirements (and where we use your Personal Data as a data processor on behalf of and under the instructions of your organization in accordance with our obligations under our agreement with your organization), we may share your Personal Data in the following ways. We reserve the right to change providers, vendors, and partners when we deem necessary without prior notice. In all cases we have done our due diligence to ensure those services to not violate this Privacy Policy, and those services are in compliance with privacy regulation.

  • Your Use: We will display your Personal Data on your profile page, and this may be viewed by other persons to whom you are connected within your organization depending on their access level. If you use community services on the GTS Services such as messaging, notes, you should be aware that any Personal Data you provide in these areas may be read, collected, and used by Users who access them. Your posts may remain even after you close your account.
  • Employees: The organization with which your Account is connected will have access to the Employment Information. If you switch jobs, no Employment Information will be shared with any other organization.
  • Service Providers, Business Partners and third parties: We may use certain trusted third-party companies and individuals to help us provide, analyze, and improve the GTS Services (including but not limited to data storage, maintenance services, chat tools, database management, web analytics, payment processing, and improving the features of the GTS Service). These third parties may have access to your Personal Data only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.
  • Other Service Providers, Business Partners and third parties: We may share your Personal Data with our agents or third-party service providers (including professional advisers and telecommunication service providers) which require your Personal Data to provide their services to GTS. Such agents and third party service providers will not be permitted to use your Personal Data for any other purpose.
  • Third-Party Applications: We may share your information with a third-party application with your consent, for example when you choose to access GTS through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you before allowing this feature to be employed.
  • Compliance with Laws and Law Enforcement Requests: We may disclose to parties outside GTS Files stored in your GTS Services and Personal Data about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; or (b) to protect GTS’s intellectual property rights. If we provide your Files to a law enforcement agency as set forth above, we will remove GTS’s encryption from the files before providing them to law enforcement.
  • Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Personal Data may be transferred as part of that transaction, but we will notify you and/or your organization (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Data or Files, or if either become subject to a different Privacy Policy.
  • Non-private or Non-Personal data: We may disclose your non-private, aggregated, or otherwise non-personal data, such as usage statistics of the GTS Services.
  • List of service provider types and locations:
    • Infrastructure, hosting, and data storage: USA
    • SMS, Push, Email providers: USA
    • Sales and Marketing tools: USA
    • Payment Processing and Contract Storage: USA

Note that organizations may share your Personal Data with third parties and other software services, such as payroll and accounting services.

7 HOW DO WE SAFEGUARD YOUR PERSONAL DATA?

We are committed to taking all reasonable and appropriate steps to protect the Personal Data that we hold from misuse, loss, destruction or unauthorized access. We do this by having in place a range of appropriate technical and organizational measures. These include measures to deal with any suspected data breach. If you enter payment details onto our payment pages, we encrypt the transmission of that information using secure socket layer technology (SSL) and Transport Layer Security (TLS) which is PCI DSS compliant. All call recordings that we (or our third-party service providers) collect and store are encrypted.

8 HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR? 

We will not keep your Personal Data for longer than we are permitted to do so under our agreement with your organization or as is necessary for the purposes for which we have collected it unless we believe that the law or other regulation requires us to preserve it (for example, because of a request by a tax authority or in connection with any anticipated litigation) or if we require it to enforce our agreements.

When we are no longer permitted under our agreement with your organization or it is otherwise no longer necessary to retain your Personal Data, we will delete the Personal Data that we hold about you from our systems. While we will endeavor to permanently erase your Personal Data once it reaches the end of its retention period, some of your Personal Data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists in the electronic ether, our employees will not have any access to it or use it again.

Your organization may store your Employment Information for longer periods in accordance with its own retention policies, including after your employment terminates.

All Call Recordings are stored for a maximum of three (3) years from the date of collection where after they are automatically deleted.

9 HOW CAN YOU ACCESS, AMEND OR TAKE BACK THE PERSONAL DATA THAT WE HOLD ABOUT YOU? 

You have various rights in relation to the Personal Data that we hold about you. If you wish to make a request in relation to our use of your Personal Data for the purposes of providing the Services to your organization (and in respect of which we are a data processor), please contact your organization, the data controller, in the first instance to handle your request. If you contact us in respect of an Account that is linked to your employer, we may refer your request to your organization. Otherwise, please contact us and we will handle your request.

The Data Protection Legislation gives you the following rights in relation to your Personal Data:

  • Right to object: this right enables you to object to us processing your Personal Data
  • Right to withdraw consent: Where we have obtained your consent to process your Personal Data for certain activities (for example, sharing your information with a third-party application), you may withdraw this consent at any time. For certain activities this may require you having to cancel your GTS account due to the nature of the Service. For example, opting out of our notifications makes the GTS Services impossible to use.
  • Data Subject Access Requests (DSAR): You may ask us to confirm what information we hold about you at any time, and request us to modify, update or delete such information. You may also request a copy of the information we hold about you.
  • Right to erasure: You have the right to request that we “erase” your Personal Data in certain circumstances. We will try to delete your Personal Data quickly upon request and if desired make it available to you. While we will endeavor to permanently erase or return your Personal Data upon request, some of your Personal Data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this Personal Data has been put beyond use, meaning that, while it still exists in the electronic ether, our employees will not have any access to it or use it again. We may retain and use your Personal Data if we believe that the law or other regulation requires us to preserve it (for example, because of a request by a tax authority or in connection with any anticipated litigation) or if we require it to enforce our agreements. If your Account is connected with an organization, we shall not delete or edit your Personal Data without the approval of your organization.
  • Right to restrict processing: You have the right to request that we restrict our processing of your Personal Data in certain circumstances, for example if you dispute the accuracy of the Personal Data that we hold about you or you object to our processing of your Personal Data for our legitimate interests. If we have shared your Personal Data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your Personal Data.
  • Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete Personal Data that we hold about you, including by means of providing a supplementary statement. If we have shared this Personal Data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. You may also request details of the third parties that we have disclosed the inaccurate or incomplete Personal Data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.
  • Right of data portability: If you wish, you have the right to request that we transfer your Personal Data to another third party. To allow you to do so, we will provide you with your Personal Data in a commonly used machine-readable format so that you can transfer the data. Alternatively, we may directly transfer the Personal Data for you. This right of data portability only applies to certain types of Personal Data.
  • Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with the relevant supervisory authority in your jurisdiction.

10 HOW DO WE STORE AND TRANSFER YOUR PERSONAL DATA INTERNATIONALLY?

In order for us to carry out the functions described in this Privacy Policy (for more details, please see section 4 (“How do we use your Personal Data?”) your Personal Data is processed by us (or our third party service providers) outside of the European Economic Area (EEA). Our primary, encrypted data storage is located in the United States of America. All data transferred in and out of the GTS Services are encrypted securely end-to-end.

11 COOKIES

GTS uses cookies in providing the Site and Service. For more information on how we use cookies and how to opt out, please see our Cookie Policy, which is available at: https://www.gotoshift.com/cookie-policy

12 LEGAL BASES FOR US PROCESSING YOUR PERSONAL DATA 

Where we process your Personal Data as a data processor on behalf of and under the instructions of your organization, your organization is responsible for ensuring that there is a legal basis for us processing your Personal Data on their behalf.

Where we process your Personal Data as a data controller, we need to ensure that there is a legal basis to justify our processing of your Personal Data. There are a number of different ways that we are lawfully able to process your Personal Data. We have set these out below.

12.1 Where processing your Personal Data is necessary for us to carry out our obligations arising from any contracts entered into between you and us 

We process certain Personal Data where it: “is necessary for the performance of a contract to which [you] are a party.”  If you enter into a contract with us in relation to any service offerings outside of the GTS Services, including our Terms of Use, we may process certain Personal Data about you in order to perform our obligations under this contract.

12.2 Where processing your Personal Data is within our legitimate interests 

We can process certain Personal Data where it “is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of Personal Data.” We may process your Personal Data for the purposes of our legitimate interests to enforce the Terms of Use and to analyze log data/user statistics to improve the GTS Services for all Authorized Users.

12.3 Where you give us your consent to process your Personal Data

In certain circumstances, we will seek to obtain your opt-in consent before we undertake certain processing activities with your Personal Data.

We will obtain your opt-in consent where necessary prior to sharing your Personal Data with third party applications and carrying out certain marketing activities. As and when we introduce these particular processing activities, we will provide you with more information so that you can decide whether you want to opt-in. You have the right to withdraw your consent to these activities. You can do so at any time, and details of how to do so can be found above at section 9 (“How can you access, amend or take back the Personal Data that we hold about you”).

13 WHO IS RESPONSIBLE FOR PROCESSING YOUR PERSONAL DATA AND CONTACT INFORMATION 

If you would like further information about how we handle your Personal Data, who our Data Processing Officer is, if you have any concerns regarding this Privacy Policy or if you wish to exercise your legal rights, please contact support@gotoshift.com. Please outline to us your concerns and our legal team or GTS representative will be in touch to discuss the matter.

Last updated: June 4, 2020

 

 

GoToShift Acceptable Use Policy

GoToShift is used by thousands of people, and we’re proud of the trust placed in us. In exchange, we trust you to use our services responsibly.

You agree not to misuse the GoToShift services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or services other than your own without appropriate authorization;
  • abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
  • circumvent storage space limits;
  • sell the Services unless specifically authorized to do so;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
  • harass or abuse GoToShift personnel or representatives or agents performing services on behalf of GoToShift;
  • violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
  • violate the privacy or infringe the rights of others.