Updated January 21, 2020
1. User Consent
2. A Note About Children
We do not intentionally gather Personal Data from visitors who are under the age of 18. If a user under the age of 18 submits Personal Data to RestUp and we learn that the Personal Data is the information of a user under the age of 18, we will attempt to delete the information as soon as possible. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably possible.
3. A Note to Users Outside of the United States
Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
4. Types of Data We Collect
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
“Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
(A) Information You Provide to Us. If you are a Caregiver, when you create an account to log in to our Site, we may collect Personal Data from you, such as your first and last name, birthdate, social security number, driver’s license number, criminal history, ethnicity, gender, religion, email and mailing address, phone number, work experience, salary/income, professional license numbers, education, interests, hobbies, professional and personal references, profile picture, professional skills and abilities, life style information, schedule availability, music preferences and bank information to facilitate direct deposit of earnings. If you are a Careseeker, when you create an account to log in to our Site, we may collect Personal Data from you, such as your first and last name, birthdate, gender, religion, email and mailing address, phone number, care services needed, health conditions, activities, profile picture, interests, music preferences and credit card information to facilitate payment processing. If you are a Member other than a Caregiver or Careseeker, such as a family member or health care provider, when you create an account to log in to our Site, we may collect Personal Data from you, such as your first and last name, birthdate, social security number, driver’s license number, criminal history, ethnicity, gender, religion, email and mailing address, phone number, work experience, salary/income, professional license numbers, education, interests, hobbies, professional and personal references, profile picture, professional skills and abilities, life style information, schedule availability, music preferences, care services needed and health conditions. We retain information on your behalf, such as files and messages that you store using your account. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you post messages or upload content within our Site, the information contained in your posting will be stored on our servers and other users to whom you provide access, will be able to see such messages and content. We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via e-mail regarding support for the Services. We may also collect Personal Data, at such other points in our Site that state that Personal Data is being collected. Please note that you can choose not to provide us with certain information, but this may limit the features of the Site or Services you are able to use.
(D) Information Collected from Others About You. Other Users may provide us Personal and/or Anonymous Data about you through our Site or the Services. Examples include when a Careseeker posts feedback regarding a Caregiver.
(E) Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from companies that assist RestUp in providing the Services. These third party companies may supply us with your Personal Data. We may add this information to the information we have already collected from you via our Site in order to provide and improve the Services.
5. Use of Your Personal Data
(A) General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
(B) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. RestUp reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
6. Disclosure of Your Personal Data
(A) Other RestUp Users. We may share your Personal Data with third parties to whom you ask us to send Personal Information, including other Users. Unless you direct us to provide access to your Personal Data via your “Privacy Settings” or otherwise, we do not disclose the Personal Data of any Careseeker or Caregiver to any another Member. We do, however, provide other Users with the opportunity to communicate with you through an anonymous in-browser message box. If you respond to any in-browser message, you will be providing the recipient your email address.
(B) Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to RestUp. These third party service providers are required not to use your Personal Data other than to provide the services requested by RestUp. Examples of such third party service providers include companies that administer background checks of Caregivers and companies that process payments from both Caregivers and Careseekers. These third party service providers are required not to use your Personal Data other than to provide the services requested by RestUp.
(C) Other Third Parties. We may disclose your Personal Data to third parties so that such third parties may contact you for marketing purposes.
7. Third Party Data Collection
(B) Information Collected by Ad Networks. While we do not currently use third-party advertising companies to serve ads when you visit our Site, we may choose to do so in the future. These companies may collect and use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services to you.
8. Your Choices Regarding Your Personal Data
(B) Changes to Personal Data. You may change any of your Personal Data in your Account by editing your profile within your account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes. However, if we have already disclosed some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
9. Security of Your Personal Data
RestUp is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while RestUp uses reasonable efforts to protect your Personal Data, RestUp cannot guarantee its absolute security.
10. Contact Information
12. Privacy Information for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your "personal information" (as defined in the California Consumer Privacy Act ("CCPA")).
Categories of personal information we collect.
Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about our users. Under the CCPA, we are also required to provide you with the "categories" of personal information we collect as defined by California law. The categories we collect depending on the types of services you use are:
Please note that specific pieces of your personal information may belong to more than one of the above referenced categories.
How we source, use, and share these categories of personal information.
We source, use, and share with third parties the categories of personal information we collect from and about you consistent with the various business and operational purposes we discuss throughout this Policy and for the business and operational purposes of our service providers in accordance with the CCPA.
Please note that the CCPA sets forth certain obligations for businesses that "sell" personal information to third parties. We do not engage in such activity and have not engaged in such activity in the past twelve (12) months from the effective date of this Policy.
CCPA Rights Disclosure.
If you are a California resident, the CCPA allows you (or an authorized agent acting on your behalf) to make certain requests related to your personal information. Specifically, the CCPA allows you to request us to:
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request. In doing so, we may use one or more of the following methods: (i) using your login credentials to verify you (it being understood that we may also ask you to reauthenticate yourself), or (ii) matching two or more data points provided by you with data points maintained by us. If we are unable to verify you through the foregoing methods, we shall have the right, but not the obligation, to request additional information from you. If you would like further information regarding your legal rights under California law or would like to exercise any of them, or if you are an authorized agent making a request on a user's behalf, please contact us at email@example.com.
Shine the Light Disclosure.
The California "Shine the Light" law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Information for Nevada Residents
Under Nevada law, certain Nevada consumers may opt out of the sale of "personally identifiable information" for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. If you are a Nevada resident and you have purchased services or products from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us via e-mail at firstname.lastname@example.org. Please note we may take reasonable steps to verify your identity and the authenticity of the request.