Updated January 21, 2020
RestUp, Inc (“RestUp”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from (i) the users of our website (“Visitors”) located at www.RestUp.today (“Site”) and (ii) the Careseekers, Caregivers, and other third parties using our Services (collectively, “Users”). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use.
1. User Consent
By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.
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.
(B) Information Collected via Technology. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions. We may also use (i) third party tracking services to track and analyze Anonymous Data from users of our Site and Services and (ii) location-enabled services for Caregivers as a means to facilitate time card data. If you use the location-enabled services, RestUp may receive information about your actual location (such as GPS signals sent by a mobile device or via your web browser when on the Site).
(C) Information Collected from You About Others. Caregivers, Careseekers and visitors to our Site can invite other people to become RestUp Users by sending invitation emails via our Site. We store the email addresses that are provided to us and, if they are provided by a RestUp member, we will associate those email addresses with such User’s account. We do not currently sell these email addresses or use them to send any other communication besides invitations (unless the email address is used in registration by a new Member) but we may do so in the future. Recipients of invitations may unsubscribe by contacting us at info@restup.today to request that we refrain from sending them emails or to have us delete their information in accordance with this Privacy Policy.
(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:
To facilitate the creation of and secure your Account on our network; Identify you as a user in our system; Run a background check and verify your credentials (if you are a Caregiver); Provide improved administration of our Site and Services; Provide the Services you request; Improve the quality of experience when you interact with our Site and Services; Tailor the features, performance and support of the Site or Services to you; Send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created; Send you administrative e-mail notifications, such as security or support and maintenance advisories; Respond to your inquiries related to employment opportunities or other requests; To make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; To send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company; Respond to your requests, resolve disputes and/or troubleshoot problems; To make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; Customize the advertising you may see on the Site or through the Services; Collect and/or distribute money; Verify your compliance with your obligations in our Terms of Use or other RestUp policies.
(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
We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
(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.
(D) Affiliates and Acquisitions. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
(E) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (1) in connection with any legal investigation; (2) to comply with relevant laws or to respond to subpoenas or warrants served on RestUp; (3) to protect or defend the rights or property of RestUp or users of the Services; and/or (4) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.
7. Third Party Data Collection
(A) Third Party Websites. The Site may contain links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.
(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.
(C) Information Collected by Other Third Parties. This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you. If you disclose information to others, including to other Users, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. In addition, information made available through the Service by Users may be protected by applicable privacy laws, including the Health Insurance Portability and Accountability Act.
8. Your Choices Regarding Your Personal Data
(A) Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data. (i) We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). (ii) Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Use or Privacy Policy.
(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
RestUp welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at info@restup.today.
11. Changes to this Privacy Policy
This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us, and/or by sending a push notification via the RestUp app platform, and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new Users. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
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 info@restup.today.
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 info@restup.today. Please note we may take reasonable steps to verify your identity and the authenticity of the request.