Privacy Policy

WorkLink Software wants you to feel comfortable using this site so we have created this Privacy Policy to inform you of what information we may collect from or about you in connection with the site and how we may use and disclose that information. It also describes your choices regarding use, access, deletion, and correction of your personal information.

This is the Privacy Policy for WorkLink Software and its Affiliates. 

1. Definitions

• “Affiliates” means the legal entities owned directly or indirectly by WorkLink Software, Inc. or that are otherwise in WorkLink Software, Inc.’s corporate family.
• “CCPA” means the California Consumer Protection Act.  If you are a California      resident, you should read this Privacy Policy together with section on CCPA, which   provides additional information about our California information      practices, including a description of CCPA rights available to some      Californians. 
• “Controller” means the entity that has certain legal rights to determine the purposes for which Personal Data will be Processed and the means by which that Processing will happen.
• “Customer” means the entity that has contracted with WorkLink Software to receive a free, trial, or paid Platform Plan or other Service Offerings.  For example: When a business purchases a Platform Plan and sets up accounts under that Platform Plan for employees, the business is the Customer, and each individual using the Platform under the Plan is a User. 
• “GDPR” means the EU General Data Protection Regulation.
• “Personal Data” means any information about an identified or identifiable individual, such as their name or contact information.
• “Platform” means the work management and collaboration platform on WorkLink Software.com.
• “Platform Plan” means a Customer’s subscription to the Platform.  
• “Privacy Shield” means EU-U.S. and Swiss-U.S.  Privacy Shield Principles.
• “Process,” “Processed,” and “Processing” refer to any operation or set of operations that can be performed on Personal Data or on sets of Personal Data.  This includes, for example, collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by      transmission, dissemination or otherwise making available, alignment or      combination, restriction, erasure and destruction.
• “Processor” means an entity that Processes Personal Data on behalf of a Controller.
• “Service Data” is Personal Data or other information that Users: input directly into the Platform; create within the Platform; send to the Platform, or provide to WorkLink Software through authorized methods as part of other Service Offerings. 
• “Service Offerings” means the Platform and WorkLink Software’s related support and professional services.
• “User” means an individual who uses a Service Offering. 
• “WorkRoom” means the Platform instance to which a Customer gains access when entering into a Platform Plan. The WorkRoom may contain one or more projects administered by the Customer. 
• “WorkLink Software” means WorkLink Software, Inc., whose contact information is at the end of this Privacy Policy.

2. Scope of this Privacy Policy, and a Note Regarding Service Data 

Where indicated, this Privacy Policy applies to Service Data.  We do not control the content of Service Data, and, because of security features in the Platform, in most cases we are unable to read such content.  Under the GDPR and similar laws, WorkLink Software is considered the Customer’s Processor of any Personal Data in the Service Data.  

WorkLink Software Processes Personal Data in the Service Data under the instructions of the relevant Customer or as required by applicable law, as described in the WorkLink Software Terms of Service or the alternative agreement (if applicable) signed by WorkLink Software and that Customer for the Service Offerings.  For any WorkRoom on the Platform, the relevant Customer is the one that WorkLink Software authorizes to control the administrator account.  Specifically, that Customer is the Controller for all information submitted by any User to that WorkRoom.  The foregoing is true even when those Users happen to be employees of another Customer, as each Customer is a Controller of only its own WorkRooms.  

WorkLink Software may disclose any Service Data, including certain deleted Service Data, or data previously received from deactivated Users, to the relevant Customer, and WorkLink Software provides the Customer with certain tools for modifying, deleting or taking other steps with Service Data.  Accordingly, Users and other individuals should contact the relevant Customer with any requests relating to Personal Data about them that may appear in that Customer’s Service Data.  If WorkLink Software receives a request from a User to exercise rights in Service Data, we will refer the User’s request to the relevant Customer and cooperate with that Customer’s handling of the request, subject to any special contractual arrangement with that Customer.  For requests from Customer account administrators relating to their own Personal Data, WorkLink Software may handle the request directly.  

The Privacy Policy also applies to our handling of Personal Data that is not Service Data, such as Personal Data about:

• Visitors to our websites and events
• Prospective customers and their personnel
• People who sign up for our newsletters or other marketing
• Current Customers and Users, in relation to their procurement of Service Offerings and management of the relationship with WorkLink Software

However, this Privacy Policy does not cover any data we Process in the context of our own recruiting and human resources management activities.

3. Types of Personal Data We Collect

Because we designed the Platform to be content- and data-agnostic, our Customers are empowered to provide us with any kind of Personal Data in the Service Data.  In addition to Service Data, we collect contact details, professional details such as title and name of company, information about the browsers and devices that individuals use to interact with us, information about an individual’s interactions with WorkLink Software or our partners, payment information, and inferences drawn other Personal Data. 

We obtain much of this data directly from the relevant individuals, including in some cases with the technology described in the “Cookies and Automated Data Collection” section further below.  We also obtain Personal Data directly from our current or prospective Customers and from other third-party sources such as resellers, distributors, list vendors and marketing companies, as well as from publicly available sources such as prospective Customer websites and third-party sites like LinkedIn.

4. How We Use Personal Data

WorkLink Software uses Personal Data as follows:

• To provide and improve our Service Offerings, including internal analysis of aggregate usage patterns
• To respond to questions, concerns, or customer service inquiries, and to otherwise fulfill individuals’ requests
• To send information about our current and future Service Offerings, including marketing communications by phone, email, online display advertising, and other channels
• To analyze market conditions and use of our Service Offerings
• To customize the content and advertising individuals see on our websites, across the Internet, and elsewhere
• To enforce the legal terms that govern our business and online properties 
• To comply with law and legal process and protect rights, safety and property
• For other purposes requested or permitted by our Customers, Users or other relevant individuals, such as website visitors

5. Disclosures of Personal Data

We share Personal Data as follows:

• For the uses of information described above, including to make appropriate disclosures in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements
• In connection with an actual or potential business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization

For those purposes, we may share information with:

• Our Affiliates 
• Other entities that help us with any of the above, our CRM system provider, data storage and backup providers, marketing service providers, customer relationship management providers, accounting providers, technical service providers, our payment processor, and the marketing and analytics companies
• Other entities involved in the significant corporate transactions described above, such as an acquirer of WorkLink Software

6. Legal Bases for Processing Personal Data

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to use or disclose your Personal Data.  To the extent those laws apply, our legal grounds for Processing Personal Data are as follows:

• To honor our contractual commitments to an individual: Some of our Processing of Personal Data is to meet our contractual obligations to the individuals to whom the Personal Data relate, or to take steps at their request in anticipation of entering into a contract with them
• Consent: Where required by law, and in some other cases, we handle Personal Data on the basis of consent
• Legitimate interests: In many cases, we handle Personal Data on the ground that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and      freedoms of the affected individuals: Customer support; Marketing, including, in some cases, direct marketing such as via email; Protecting our Customers, Users, personnel and property; Analyzing and improving our business and Service Offerings; and Managing legal issues. We may also Process Personal Data for the same legitimate interests of our Customers and business partners
• Legal compliance: We need to use and disclose Personal Data in certain ways to comply with our legal obligations

7. Cookies and Automated Data Collection

In our websites, apps and emails, we and third parties may collect certain information by automated means such as cookies, Web beacons, JavaScript, mobile device functionality, browser-based or plugin-based local storage such as HTML5 storage and other similar techniques and technologies. 

This information includes unique browser identifiers, unique device identifiers such as the Apple Advertising Identifier or Android Advertising ID, IP address, browser and operating system information, geolocation, other device information, Internet connection information, as well as details about individuals’ interactions with our apps, websites and emails.  Such details include, for example, the URL of the third-party website from which you came, the pages that you visit on our websites, and the links you click on in our websites. 

As part of this, we and third parties may use automated means to read or write information on your device, such as in various types of cookies and other local storage.  Cookies and local storage are files that can contain data, such as unique identifiers or other information, that we or a third party may transfer to or read from an individual’s device for the purposes described in this Privacy Policy. 

The cookies and other technologies described here fall into four basic categories:

• Essential: These are strictly necessary to provide you with our online presence, such as access to secure areas that require registration.  Users cannot refuse them without impacting functionality. 
• Functional: These allow Users to browse or benefit from some of its features, such as setting language preferences.  Similar to the essential technology      described above, if these are disabled, it could impact your experience to use some functionality. 
• Analytics: These allow us or our third-party analytics providers to collect statistics on the use of our Service Offerings and website. 
• Advertising: These cookies and other technologies, administered primarily by our third-party advertising partners, track individuals’ online activities over time and      use this information to show them ads that are tailored to their individual interests or characteristics and/or based on prior visits to certain sites or apps, or other information we or they know, infer or have collected from them.  For example, we and these providers may use different types of cookies, other automated technology, and data to (i)recognize individuals and their devices; (ii) inform, optimize and serve ads; and (iii) to report on our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services, including how they are related to visits to specific sites or apps.  

To learn more about interest-based advertising, including how to opt out from the targeting of interest-based ads by some of our current ad service partners, visit aboutads.info/choices or youronlinechoices.eu from each of your browsers on each of your devices.  You can opt out of Google Analytics and customize the Google Display Network ads by visiting the Google Ads Settings page and installing the Google Analytics Opt-out Browser Add-on from each browser on each device.  If you replace, change or upgrade your browser, or delete your cookies, you may need to use these opt-out tools again.  We do not respond to browser-based do-not-track signals.  Please visit your mobile device manufacturer's website, or the website for its operating system, for instructions on any additional privacy controls in your mobile operating system, such as privacy settings for device identifiers and geolocation. 

You may be able to set your web browser to refuse certain types of cookies, or to alert you when certain types of cookies are being sent.  

8. Personal Data Rights and Choices (Including Direct Marketing Opt-Out)

All Users can:

• Review and update certain User information by logging in to the relevant portions of the Platform. 
• Deactivate their accounts by contacting us at support Customer.Support@WorkLinkSoftware.com,  subject to any contractual provisions between WorkLink Software and the Customer responsible for the account.  Except when the Customer has requested closure of all its User accounts, information in a deactivated User account may be available to the Customer for some time.  

Controls related to cookies and other automated data collection are described in the “Cookies and Automated Data Collection” section above.  Anybody can unsubscribe from marketing emails by clicking the unsubscribe link they contain.

Residents of the European Economic Area, the UK and many other jurisdictions have certain legal rights to do the following with Personal Data we control:

• Obtain confirmation of whether we hold Personal Data about them, and to receive information about its processing
• Obtain a copy of the Personal Data, and in some cases, receive it in a structured, commonly used and machine-readable format, or have it transmitted to a third party in such form
• Update, correct or delete the information
• Object to our processing of the information for direct marketing purposes
• Object to other processing of the information
• Withdraw consent previously provided for the Processing of the information

Residents of the European Economic Area, the UK and Switzerland also have certain rights under the Privacy Shield, as described in the “International Data Transfers” section below.

To exercise any of those rights with respect to the Personal Data WorkLink Software controls, individuals should contact us as described at the end of this Privacy Policy.  To exercise any rights relating to Service Data, Users should contact the relevant administrator for the WorkRoom associated with the Service Data, not WorkLink Software.  

If you are a Customer account administrator or Customer account owner and require assistance with this process, such as if you want to make a request with respect to your own User data, you may contact customer support.  

Many of the rights described above are subject to significant limitations and exceptions under applicable law.   Every individual also has a right to lodge a complaint with the relevant supervisory authority. 

9. Security

To provide security for Service Data within the Platform, we maintain physical, organizational and technical safeguards, which are subject to periodic changes.  Customers’ use of available safeguards will impact the level of protection available for the Service Data. Communications with WorkLink Software through other methods such as email or phone are not subject to those protections. Third-party software and services integrated into our Service Offerings, such as Google Drive and other integrations, are handled by such third parties subject to their own privacy and security procedures, which we do not control.  We use different safeguards to help secure the other Personal Data we handle.  No security method is perfect, and we cannot guarantee that any data will remain secure.  

10. Data Retention

We hold Personal Data for as long as necessary to fulfill the purposes set forth in this Privacy Policy.  Information may persist in copies made for backup and business continuity purposes for additional time.

11. International Data Transfers

We are headquartered in the United States, and recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as those of your country of residence. However, eligible Customers can arrange to have their WorkRooms stored in a European Data Center location.

Customers also may transfer Service Data to WorkLink Software on the basis of legal mechanisms approved by the European Commission and other relevant authorities for cross-border data transfers. These include Standard Contractual Clauses, which may be used in conjunction with additional safeguards that WorkLink Software offers, such a WorkLock  (which allows Customers to access to their WorkLink Software data while managing their own encryption keys) and other encryption and security features provided under our multiple information security certifications: ISO/IEC 27001:2013, SOC2 Type II, ISO/IEC 27018:2019.

WorkLink Software adheres to the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework regarding the collection, use, and retention of Personal Data from European Economic Area member countries, the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield.  

The following statements apply to all EEA, UK and Swiss Personal Data that is received by WorkLink Software in the United States pursuant to the Privacy Shield:

• WorkLink Software is subject to the jurisdiction and enforcement authority of the United States Federal Trade Commission.
• EEA, Swiss and UK individuals have the right to access their Personal Data that has been transferred into the United States and correct or update that information. Individuals also have the right to erase information that has been processed in violation of the Privacy Shield Principles.  To exercise any of these rights, which are subject to exceptions under the Privacy Shield Principles, individuals should refer to the contact information at the end of this policy.

When WorkLink Software receives Personal Data under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on WorkLink Software’s behalf, WorkLink Software has certain responsibility under the Privacy Shield if both (i) the agent Processes the information in a manner inconsistent with the Privacy Shield, and (ii) WorkLink Software is responsible for the event giving rise to the damage. 

Covered European residents should direct any questions, concerns or complaints regarding WorkLink Software’s compliance with the Privacy Shield to WorkLink Software as described at the bottom of this Privacy Policy.  WorkLink Software will attempt to answer your questions and satisfy your concerns in a timely and complete manner as soon as possible.  If, after discussing the matter with WorkLink Software, your issue or complaint is not resolved, WorkLink Software has agreed to participate in the Privacy Shield independent dispute resolution mechanisms listed below, free of charge to you.  Please contact WorkLink Software first.

• For human resources Personal Data that WorkLink Software receives under the Privacy Shield (defined under Privacy Shield essentially as information about an employee collected in the context of the employment relationship): cooperation with the EEA data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC)
• For other Personal Data WorkLink Software receives under the Privacy Shield: WorkLink Software has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB  EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield for      more information and to file a complaint. This service is provided at no charge to you. Please do not submit human resources complaints to BBB EU Privacy Shield

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

WorkLink Software makes its own international transfers of personal data, in many cases through the use of European Commission-approved Standard Contractual Clauses and other data protection contract language.  To exercise any legal right to see copies of the data transfer mechanism documents that WorkLink Software uses to transfer data to third parties, please contact us.  Our Service Offerings allow our Customers and Users to make international data transfers to third parties, such as to other Users, or to providers of integrations, for which they are solely responsible.

12. Notification of Changes

WorkLink Software may change this Privacy Policy to reflect changes in the law, our data handling practices or the features of our business.  The updated Privacy Policy will be posted on WorkLink Software.com.

13. Contact Information

If you have questions, requests or complaints relating to a Customer’s handling of your Service Data, please contact the relevant Customer.  If you have questions regarding our practices or this Privacy Policy, or to send us requests or complaints relating to Personal Data, please contact us at legal@worklinksoftware.com

 

14. Additional Privacy Details for California Residents

The subsections below apply only to “personal information” about California residents (as that term is defined in the CCPA) and they supplement the information in the rest of our Privacy Policy above.  Data about individuals who are not residents of California is handled differently and is not subject to the same rights described below. These subsections also do not apply to Service Data as defined above, which is handled as described in Section 2 of our Privacy Policy, even when the Service Data is about a resident of California. 

The specific pieces of personal information we collect generally falls into the following categories under California law, to the extent that any of the following are personally identifiable: identifiers (such as name, address, email address and other contact information); commercial information (such as transaction data, and information about an individual’s interactions with WorkLink Software or our partners); financial data (such as payment card information); audio and visual information (such as recordings of certain calls, meetings, and events); internet or other network or device activity, and other information described in the Cookies and Automated Data Collection section of our Privacy Policy; geolocation information; professional or employment related data (such as title); other information that identifies or can be reasonably associated with you, and inferences drawn from any of the above. 

California Privacy Rights

If you are a California resident, California law may permit you to request that we:

• Inform you of the categories of personal information we have collected about you in the last twelve months, the categories of sources of such information, the categories of personal information that we sold or disclosed about you for a business purpose, the business or commercial purpose for collecting or selling your personal information, and the categories of third parties to whom we have “sold” or otherwise disclosed personal information for a business purpose
• Provide access to and/or a copy of certain information we hold about you
• Delete certain information we have about you

Certain information is exempt from such requests under applicable law.  You also may have the right to receive information about the financial incentives that we offer to you (if any). You also have certain rights under the CCPA not to be subject to certain negative consequences for exercising CCPA rights. 

We will take steps to verify your identity before responding to your request, which may include requesting that you respond to an email that we send to you, or otherwise verifying your name, email address or other information that will help us to confirm your identity.  If you are an agent making a request on behalf of a consumer, you must verify that you are authorized to make that request, which may include requiring you to provide us with written proof that satisfies CCPA requirements, such as an appropriate letter signed by the consumer or a power of attorney.  We also may require the consumer to verify their identity directly with us.

To request to exercise any of these rights, please email legal@worklinksoftware.com.

LAST UPDATED April 1, 2021.