Privacy Shield Notice
1 Our Commitment to Privacy
WorkForce Software LLC (hereinafter collectively referred to as “WorkForce”, “company”, “we”, “us”, or “our”) respects your privacy. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your Information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personal information may be requested.
This policy addresses our privacy commitment around Personal Information collected from the WorkForce website, including, without limitation: data used to register for white papers, webinars, and other materials; information collected from people applying for jobs at WorkForce Software, LLC; and data processed by our cloud-based products, including but not limited to the WorkForce Suite, EmpCenter, EmpLive, and Enterprise.
“Personal Information” or “Information” means information that (1) is transferred from the EU to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.
“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.
4.1 Participation in the EU-U.S. Privacy Shield Framework
WorkForce Software, LLC complies with the U.S. Department of Commerce EU-U.S. Privacy Shield Framework, which has been approved by the E.U. as a way for WorkForce to demonstrate that it complies with the protections outlined in the E.U. Directive on Data Privacy. In processing Personal Information, WorkForce complies with the following Privacy Shield Principles, as more specifically described in this statement: Notice, Choice, Onward Transfer (to Third Parties), Security, Data Integrity, Access, Enforcement and Verification. More information about the U.S. Department of Commerce Privacy Shield Framework can be found at https://www.privacyshield.gov/.
WorkForce abides by the privacy laws in the countries in which we conduct business.
4.2 Personal Information We Collect
4.2.1 Information collected or submitted on the WorkForce web sites
On some WorkForce web pages you can register for access to specific materials or to participate in an event, or request that a WorkForce representative contact you. The types of Personal Information collected to manage these requests can include any combination of the following:
- Your first and last name
- Your job title, phone number, and email address
- Your postal address for work
- The name of your employer
- The number of employees retained by your employer
- The HR and payroll software products that you currently use
- The business goals that have prompted you to contact us
Additionally, if you apply for an open position at WorkForce, the online recruiting system may collect details about you to aid in the hiring process. Information obtained through this system can include:
- Your first, middle, and last name
- Your email address, mailing address, and primary phone number
- The name and postal address of your current employer
- Names, contact information, and addresses for previous employers
- Information about your level of work experience and level of education
- The type of job you are looking for, desired salary, and data of availability
- Whether you are available for relocation if hired
- Whether you are legally allowed to work in a particular country without sponsorship
- How you heard about the open position
- Your prior history, if any, of applying and/or interviewing for WorkForce Software positions
- Additional questions specific to the requisition
WorkForce Software websites utilize Google Analytics Demographics and Interest Reporting. WorkForce may use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interest) with Google Analytics. Users of this site may opt-out of the Google Analytics Demographics and Interest Reporting by use of the Google opt-out add-ons, located at https://tools.google.com/dlpage/gaoptout.
Cookies are collected on our web sites via the marketing automation system Marketo. A cookie is a small data file that is stored on your device or computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the device so when you end your session and return to the same website at a later date, the cookie information is still available. When you visit our website, we may use a session and a persistent cookie. These Marketo-placed cookies may contain information (such as a unique user ID) that is used to track your usage of our websit. WorkForce employs cookies using the Marketo system to enable our website to recognize your browser and tell us how and when pages are visited and by how many people, and also in order for our server to recognize a return visitor as a distinct user. The cookies placed by the Marketo system are readable only by Marketo, and cookies cannot access, read or modify any other data on a computing device. Marketo uses Performance, Functionality and Analytics and Retargeting cookies.
A description of each of these cookies and how to opt out of these cookies is below.
22.214.171.124 Performance cookies
These cookies enable the collection of information about how visitors use our website, including the pages visited with the most frequency and any error messages received from such pages. Visitors cannot be individually identified by these cookies. The information these cookies collect is aggregated and anonymous, and will only be used to improve the performance and functions of the WorkForce website.
To learn how to opt out of performance cookies using your browser settings click here.
126.96.36.199 Functionality cookies
Functionality cookies allow the WorkForce website to remember information you enter such as username and your preferred language. These cookies also enable you to optimize your use of our website.
To learn how to opt out of functionality cookies using your browser settings click here. Note that opting out may impact the functionality you receive when visiting the WorkForce website.
188.8.131.52 Analytics and Retargeting cookies
WorkForce engages third parties, such as Google Analytics, to track and analyze usage and volume statistical information from individuals who visit workforcesoftware.com. No personal information is provided to third parties, but this data may be re-associated with Personal Information after WorkForce receives it.
To learn more about these and other third party analytical tools, and how to opt out of analytics and retargeting cookies using your browser settings click here.
4.2.3 Personal Information used in our cloud-based products
Personal Information stored and processed using our cloud-based products, such as WorkForce Suite, EmpCenter, EmpLive, and Enterprise are not collected by WorkForce. Such data are upload and processed by the Customer, who owns all title, rights, and interest to that data. WorkForce does not collect personal data for use in our cloud-based products.
4.3 The Way We Use Personal Information
4.3.1 Information collected or submitted on the WorkForce web sites
When we collect information through registration forms we may use it for any number of the following reasons:
- To determine the appropriate WorkForce representative for contacting you or fulfilling your request
- To determine your eligibility for a requested event or digital file
- To send you invitations or special offers that may be of interest based upon the information you supplied
- To extend invitations from select partner organizations that may be of interest based upon the information you supplied
- To contact you regarding your potential interest in workforce management products and services
We also may use non-identifying and aggregate website visitor information to improve the design of workforcesoftware.com.
WorkForce may use the information obtained through the recruiting system to help determine eligibility for a specific position, to notify you of future job openings and hiring events, and to communicate with you through the hiring process.
We never use or share the Personal Information provided to us through workforcesoftware.com in ways other than as described above without providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
4.3.2 Personal Information used in our cloud-based products
In the normal course of using the WorkForce SaaS Service, Customers will input electronic data into the WorkForce systems (“Customer Data”). The use of information collected through our service shall be limited to the purpose of providing the service for which the Customer has engaged WorkForce. WorkForce may access Customer Data for the purposes of providing the service, preventing or addressing service or technical problems, responding to support issues, responding to Customer’s instructions or as may be required by law, in accordance with the relevant agreement between Customer and WorkForce.
WorkForce processes Customer Data under the direction of its Customers, and has no direct control or ownership of the personal data it processes. Customers are responsible for complying with any regulations or laws that require providing notice, disclosure and/or obtaining consent prior to transferring the data to WorkForce for processing purposes.
An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his or her query to the WorkForce Customer (the data controller). Upon Customer request, WorkForce to remove the personal data to comply with data protection regulations, WorkForce will respond to their request within 30 business days.
WorkForce will refer any request for disclosure of personal data by a law enforcement authority to the Customer. WorkForce may, where it concludes that it is legally obligated to do so, disclose personal data to law enforcement or other government authorities. WorkForce will notify Customer of such request unless prohibited by law.
4.4 How to contact us with inquiries or complaints
You can access all your personal information that we collect online and maintain by emailing your request to email@example.com. You can also opt-out of marketing materials by using the opt-out link located at the bottom of each communication or email your request to firstname.lastname@example.org.
If you have any questions or concerns regarding these privacy policies, please contact us.
Privacy Compliance Officer
WorkForce Software, LLC
38705 7 Mile Rd., Ste 300
Livonia, MI 48152
4.5 Third parties to which we may disclose personal information
4.5.1 Personal Information collected or submitted on the WorkForce web sites
WorkForce engages third parties, such as Google Analytics, to track and analyze usage and volume statistical information from individuals who visit https://www.workforcesoftware.com, https://www.wfsaustralia.com/ or http://www.workplacesystems.com/. No Personal Information is provided to third parties, but this data may be re-associated with Personal Information after WorkForce Software receives it.
To learn more about these and other third party analytical tools, and how to opt out of analytics and retargeting cookies using your browser settings click here.
4.5.2 Personal Information used in our cloud-based products
As a data processor, WorkForce will disclose Personal Information only as instructed by the data controller. In some cases, we may share Personal Information with our subcontractors to provide the WorkForce service to our Customers. If WorkForce goes through a business transition, such as a merger, acquisition by another company or sale of all or a portion of its assets. In all cases, Personal Information may only be transferred in accordance with the Customer agreement.
WorkForce shall not disclose, publish, or use for purposes other than as intended in the WorkForce SaaS Agreement the Customer’s confidential information exceptto those employees, contractors, subcontractors, legal or financial consultants and auditors of WorkForce and its affiliates who: (i) need to know such information in connection with the performance of WorkForce’s rights and obligations under the SaaS Agreement; (ii) in the normal course of the business of WorkForce; and (iii) who are bound by confidentiality terms no less stringent than the terms contained in the SaaS Agreement..
4.5.3 Personal Information used in our cloud-based products
Where WorkForce is a data processor, individuals who seek access or who seek to correct, amend or delete inaccurate Personal Information, should contact the WorkForce Customer responsible for uploading such Personal Information into our cloud-based products (the data controller). In some instances, the Customer may have enabled the individual to perform these updates themselves through the pertinent WorkForce Service. If the Customer requests WorkForce to remove the Personal Information in order to comply with data protection regulations, WorkForce will respond to the Customer’s request within 30 days.
4.6 Choices and means for limiting the use and disclosure of your Personal Information
4.6.1 Personal Information collected or submitted on the WorkForce web sites
WorkForce will offer individuals the opportunity to choose whether their Personal Information is : (1) to be disclosed to a third party, or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
4.6.2 Personal Information used in our cloud-based products
WorkForce retains Personal Information according to the timeframes set forth in the relevant Customer agreement. Individuals who would like to request that their Personal Information not be used for specific purposes or disclosed should contact the WorkForce Customer responsible for uploading such Personal Information into our cloud-based products (the data controller).
4.7 Independent dispute resolution
WorkForce will investigate and attempt to resolve complaints and disputes regarding the use and disclosure of Personal Information in accordance with the principles contained in this policy.
All other disputes that cannot be resolved between WorkForce and the complainant will be handled in accordance with applicable dispute resolution procedures through the American Arbitration Association, which are available for review at www.adr.org. WorkForce will comply with the advice given by arbitrator and take necessary steps to remediate any non-compliance with the Privacy Shield Principles.
4.8 Investigatory and enforcement powers
WorkForce is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. WorkForce Software also is committed to cooperating with EEA DPAs.
4.9 Binding arbitration
If you are located in the EEA and have exhausted all other means to resolve your concern regarding a potential violation of WorkForce Software’s obligations under the Privacy Shield Principles, you may seek resolution via binding arbitration. For additional information about the arbitration process please visit the Privacy Shield website:
4.10 Disclosing Personal Information in response to lawful requests by public authorities
WorkForce may be required to disclose Personal Information in special cases when we have a good faith belief that such action is necessary to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. WorkForce will notify its Customer of such request unless prohibited by law.
5.1 Opt-out Policy
WorkForce offers its communication recipients a means for controlling the information they receive. If, at any time, you change your mind about receiving information from us, please use the opt-out link located at the bottom of each communication or email your request to email@example.com. You can expect that such a request will be completed within seven (7) days of our receipt of the same.
6 Accountability for Onward Transfer
As provided for in the Privacy Shield principles, if a third party service provider providing services on behalf of WorkForce processes Personal Information from the EEA in a manner inconsistent with the Privacy Shield Principles, WorkForce will be liable for such processing unless we can prove that we are not responsible for the event giving rise to the damages.
7 Our Commitment to Data Security
To prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Information, we employ physical, technical, and administrative controls and procedures to safeguard the information we collect.
To protect the confidentiality, integrity, and availability of your Personal Information, WorkForce utilizes a variety of physical and logical access controls, firewalls, intrusion detection/prevention systems, network and database monitoring, anti-virus, and backup systems.
We limit access to your Personal Information and data to those persons who have a specific business purpose for maintaining and processing such information. WorkForce employees who have been granted access to your Personal Information are made aware of their responsibilities to protect the confidentiality, integrity, and availability of that information and have been provided training and instruction on how to do so.
8 Data Integrity & Purpose Limitation
WorkForce will take reasonable steps to ensure that Personal Information collected is maintained accurately, completely, and kept current for its intended use. WorkForce will only use Personal Information in ways that are compatible with the purposes for which it was collected. Personal Information will be stored only as long as it serves a useful purpose.
9 How You Can Access or Correct Your Personal Information
You can access your personal information that we maintain by emailing your request to firstname.lastname@example.org. We use this procedure to better safeguard your information.
You can correct factual errors in your Personal Information by sending us a request that credibly shows error. You can expect to receive a response to any such update request within seven (7) days of our receipt of your request.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
10 Recourse, Enforcement and Liability
In the case that WorkForce obtains knowledge of use or disclosure of information not in accordance with the Privacy Shield Notice, WorkForce will take the following reasonable steps to stop the use or disclosure:
- If the relevant party continues to use or disclose the information inappropriately, WorkForce will take legal actions to prevent the continued misuse of information. WorkForce will also remove the information from its database to prevent further misuse.”
11 Effective Date
This Privacy Notice became effective September 15, 2016. It was last updated September 15, 2016.