Privacy Policy

Privacy Policy

Welcome to the Shiftie privacy policy.

Shiftie respects your privacy and is committed to protecting your personal data.

The information set out in this privacy policy aims to inform you as to how we collect and look after your personal data when you visit our website, https://www.shiftie.co or make use of our software and services (regardless of where you visit from). It will also tell you about your privacy rights and how the law protects you.

References to “you” or “your” are to you as an individual using our website, software, or services, or otherwise contacting Shiftie (either on behalf of yourself, your business or another individual or organisation).

THE CONTENT

IMPORTANT INFORMATION

WHO WE ARE

THE DATA WE COLLECT ABOUT YOU

IF YOU FAIL TO PROVIDE PERSONAL DATA

HOW WE COLLECT YOUR PERSONAL DATA

HOW WE USE YOUR PERSONAL DATA

DISCLOSURES OF YOUR PERSONAL DATA

DATA SECURITY

DATA RETENTION

YOUR LEGAL RIGHTS

CONTACT DETAILS AND COMPLAINTS

IMPORTANT INFORMATION

It is important that you read this privacy policy together with our Cookie Policy our Terms of Use and any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

Please note that Shiftie may update and amend this privacy policy from time to time and any changes will be posted on our website. This version was last updated on 22^nd January 2021.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Our website and software may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

By accessing and continuing to use Shiftie’s website and/or services and/or software, you accept the terms of this privacy policy.

WHO WE ARE

Shiftie Software Limited is a company incorporated in England and Wales with company number 14003273. Our registered office is Sigma House Oak View Close, Edginswell Park, Torquay, Devon, TQ2 7FF and the company is referred to as ” Shiftie”, “we”, “us” or “our” in this privacy policy

Shiftie provides its customers with a cloud-based software-as-a-service shift scheduling and human resources management platform, through which our customers have the ability to manage their teams’ shifts, availability, attendance, and personal details. Individual users can also hold their own independent accounts and subscribe to different company workplaces, managing their own personal data and availability. We provide our software products and services to our clients who act as the controller of any personal data that we, as the processor, then process for and on their behalf.

It is the responsibility of our customers to determine how their employees’ personal data is processed and to ensure there is a lawful basis for its use. If you are one of our customers’ employees and you have any specific queries or concerns about how your personal data is being handled you should contact the relevant customer in their capacity as controller.

Shiftie is a controller (in respect of personal information we process in relation to our website) and a processor on behalf of our customers (in respect of personal information we process in relation to our website, software, and services) and we are responsible for your personal data.

We are bound by applicable data protection laws in respect of the handling and collection of your personal data and are registered as a data controller in England and Wales, with the Information Commissioner’s Office (ICO) under the ICO number ZB553109.

If you have any questions about this privacy policy, including any requests to exercise your legal rights as set out in the ‘YOUR LEGAL RIGHTS’ section, please contact us using the contact details in the ‘CONTACT’ section.

THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data) or data relating to a corporate entity.

If you visit our website, or contact us about employment opportunities or to enquire about our products and services or are an employee making use of our software and services via one of our customers’ Shiftie accounts, we may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

• Identity Data includes first name, last name, title, company position, date of birth, sex, and photographs.
• Contact Data includes business or home address, billing address(es), email address(es), telephone number(s), and fax number(s).
• Transaction Data includes details about payment patterns and payment instructions
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, use of cookies or other devices to store and sometimes track information about you (more details on our use of cookies is set out in our Cookie Policy) and other technology on the devices you use to access this website or our software.
• Profile Data includes your username and password, subscriptions made by you, account preferences, feedback and survey responses.
• Usage Data includes information about how you use our website and/or software.
• Marketing and Communications Data includes your preferences in receiving marketing from us, or our customers or other third parties and your communication preferences.

Aggregated Data. We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific software feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

Special Categories of Personal Data. We do not actively collect any special categories of personal data about you. This includes details about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health, sex life or sexual orientation. However, we may process certain special categories of personal data when:

• you include such information in your CV which you send to us when you make contact with us about employment opportunities with us; or
• you store such information in the optional fields in your personal Shiftie profile, either by your own volition or because asked to do so by your employer who holds a Shiftie account.

Children. Our website is not intended for children and in this respect, we do not knowingly collect data relating to children.

We do not actively collect any information about criminal convictions and offences. However, our software does provide our clients with the opportunity to collect and process personal data relating to their employees’ criminal records.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our products or services or open up a customer account). In this case, we may have to suspend or cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW WE COLLECT YOUR PERSONAL DATA

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Profile, Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email, social media or otherwise. This includes any personal data you provide when you:
  • ­get in touch to request a quote to use our Service as an Enterprise client;
  • ­set up a customer account with us (as an individual, a sole trader, or on behalf of a corporate entity);
  • make contact with our support team;
  • ­email us about your interest in a job with us;
  • ­subscribe to our newsletter; or
  • ­give us some feedback.
• Automated technologies or interactions. As you interact with our website or software we may automatically collect Technical or Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our Cookie Policy.
• Third parties or publicly available sources. When you are a customer making use of our software we may receive personal data about you or we may receive information about you from our website or various other third parties and public sources as set out below:
  • Identity and Contact Data from individuals recommending, in a business-to-business context, that we make contact with you to introduce our products and services to you;
  • who send us your CV;
  • ­Identity, Contact (and possibly Special Categories of Personal), Profile, Usage and Marketing & Communication Data from our clients’ based on the information they obtain from you (and capture in our software) during your interaction with their Shiftie account; and
  • ­Technical and Usage Data from analytics providers, such as Google, based outside the EU.

HOW WE USE YOUR PERSONAL DATA

Please note this section only summarises the purposes for which we use personal data where we are acting as a controller of personal data. Our clients are responsible for determining the purposes for which they use our software and will be responsible for providing you information in that respect.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Performance of Contract means processing your personal data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best product/service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can contact us for further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities (please see the ‘CONTACT’ section).
• Consent means where we have obtained your agreement to process your personal data. Consent must be freely given, specific, informed and be an unambiguous indication of your wishes for us to process your personal data (this may be collected by you ticking a box). Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending our newsletters and/or marketing material to you via email, post, phone, text message and social media. You have the right to withdraw consent to newsletters and/or marketing at any time by contacting us (please see the ‘Opting Out / Unsubscribing’, the ‘Withdraw consent at any time’ and the ‘CONTACT’ sections).
• Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

• Prospecting. In a business-to-business context, we may make contact with you to provide or seek information in connection with our products and/or services. The legal basis we rely on for making contact with you and processing your personal data is our shared legitimate interests in doing business together. When we make contact with you, you can exercise your right to object to such contact from us (please see the ‘Object to processing’ section).
• Marketing. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established personal data control mechanisms for our business including an unsubscribe link displayed on every email newsletter and marketing communication.

Marketing from Us

If you provide your express, opt-in consent, we may use your Identity, Contact, Technical, Usage and/or Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You may receive marketing communications from us after you have requested information from us or opened a client account and, in each case, you have opted-in to receiving that marketing.

You can withdraw your consent at any time.

In some limited circumstances, we may contact you about similar products and/or services where you have purchased products or services from us and you have not opted-out of receiving this information. The legal basis on which we process personal data for these purposes is our legitimate interest to develop our products and services and grow our business.

You can ask us to stop sending you marketing communications at any time (please see the ‘Opting Out / Unsubscribing’ section).

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any company outside Shiftie for marketing purposes.

Opting Out / Unsubscribing

You can ask us to stop sending you marketing messages at any time by following the unsubscribe links on any marketing message sent to you or by contacting us at any time.

Where you opt-out of receiving these marketing messages, you may still receive messages for other purposes (such as providing the services to you).

• Cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. If you disable or refuse cookies when browsing our website or using our software, please note that some parts of our website or software may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
• Change of Purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, you can contact us (please see the ‘CONTACT’ section).

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL DATA

For the purposes set out in the ‘HOW WE USE YOUR PERSONAL DATA’ section we may have to share your personal data with the following parties:

• Internal Third Parties such as other companies within the Shiftie group, which includes subsidiaries and the ultimate Shiftie holding company and its subsidiaries.
• External Third Parties such as:
  • ­Service providers and suppliers based in (and outside) the UK who provide IT and system administration services.
  • ­Professional advisers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, legal, banking, accounting insurance and services.
  • ­HM Revenue & Customs, regulators, law enforcement bodies, police and other authorities based in the UK who require reporting of processing activities in certain circumstances (such as criminal activity, suspected or actual fraud or tax evasion).
  • ­Marketing and PR providers where you have agreed to a publication or article with us.
• Specific Third Parties such as the companies set out below with whom we have some level of integration with for providing our software and where one or more of the following conditions is/are met:
  • ­Send. We send information, including personal data, to the third party.
  • ­Receive. The third party sends information, including personal data, to us.
  • Expose. The third party pulls information, including personal data, from us.

If you require further information on specific third party integrations in relation to your personal data, please get in contact (please see the ‘CONTACT’ section).

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS

We do not process your personal data in any country outside of either the United Kingdom (UK) or the European Union (EU).

Our clients may request that we transfer their customers’ personal data to a third party with whom the client contracts directly and where such a third party may process the personal data outside of either the UK or the EU, but our clients as controllers would be responsible for these arrangements.

DATA SECURITY

We take the security and protection of your personal data seriously. To this end, we regularly review and update our security measures to ensure that they are in line with the latest industry standards.

We have put in place a number of measures to ensure your data is as secure as possible, including storing multiple distinct copies in geographically separated regions, encryption at rest / in transit, and taking multiple redundant backups. In the event of an operating region outage, we have systems in place to ensure only healthy data is used and service disruption is kept to a minimum.

Ad-hoc access to your personal data is strictly limited to those individuals who require it for legitimate business purposes, such as our employees, agents, contractors, and other third parties. We maintain strict control over who can access your data in this way and monitor all data access attempts through centralised monitoring and access control software.

Finally, we have put in place procedures to deal with any suspected personal data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so. Please contact us if you require further information on our Security Policy (please see the ‘CONTACT’ section).

DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. We will generally retain our clients’ personal data for a period of 6 (six) months after a contract has ended, and historical billing recordings for a period of 7 (seven) years after a contract has ended, to ensure that we are able to assist you should you have any questions or feedback in relation to our products or services or to protect, or defend our legal rights, or for tax purposes.

Where you are an employee of one of our customers and your personal data is processed via our software, we refer you to the relevant customer’s retention policy. Your rights in respect of that customer are also set out below (please see the ‘YOUR LEGAL RIGHTS’ section). Subject to you exercising your rights with the relevant customer, we store the customer’s data, which may include your personal data, in accordance with the ‘We will only retain your personal data for as long as necessary’ section and the relevant customer’s instructions. On termination of any customer arrangement, the customer’s data, including any of your personal data, will be held for 6 (six) months and then permanently anonymised by us. If requested by the customer this data may be securely exported to the customer prior to anonymisation.

If we have processed your personal data to provide you with marketing communications with consent, we may contact you at least every 12 (twelve) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our marketing lists (but will be added to a “do not contact” list).

Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with services or in relation to recruitment), subject to the ‘We will generally retain our customer’s data for a period of 6 (six) months after a contract has ended’ section, we will retain your data for 6 (six) months.

In some circumstances you can ask us to delete your data; please see section Request erasure of your personal data for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above and you are the employee of one of our customers you should direct your request to that customer. If you wish to exercise any of the above rights in respect of the personal data we are responsible for, please contact us directly (please see the ‘CONTACT’ section).

• No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
• What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
• Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

CONTACT DETAILS AND COMPLAINTS

Our full details are:

Full name of legal entity: Shiftie Software Limited

Contact person: Richard Booker

Email address: legal@shiftie.co

Postal address: Sentio House, Pynes Hill, Exeter, Devon EX2 5AZ

You have the right to make a complaint at any time to the ICO, the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.