Privacy Policy

PRIVACY POLICY

Last Revised: Oct 3, 2024

Please read this privacy policy (“Policy”) carefully as it contains important information about the collection and processing of your Personal Information under applicable data privacy laws, rules, or regulations.

Importantly, this Policy does not cover the practices of companies we do not own or control or people we do not manage.

I. ABOUT THIS POLICY

This policy covers the processing of Personal Information that we obtain in various contexts, including when you access or use our websites, use our Services (as defined below), use our mobile applications, or any other applications or services that link to this privacy policy; communicate with us; or engage with us on social media. Our Cookies Policy includes additional information about the processing of Personal Information that we obtain through the use of online tracking technologies on our Website.

II. DEFINITIONS

We, us, our

ThinkWhy LLC (DBA LaborIQ®) 2626 Cole Avenue, Suite 300 Dallas, Texas 75204

Our Website

https://laboriq.co/

Personal Information

Personal information and data that identifies you; identifies a particular individual; refers to personally identifiable information, personal information, or personal data; or identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household

Our Services

Our LaborIQ® platform available to login and access on our Website or Mobile App.

Service Providers

A “Service Provider” under the CCPA, a “Processor” under the GDPR and US state privacy laws, or any natural person, legal entity, or other body that operates under a service-provider contract with us to process Personal Information from us under contractual obligations prohibiting the retention, use, or disclosure of Personal Information collected by us for any purpose other than the purpose specified in the contract or any other purpose permitted under any applicable data privacy laws (i.e. a person or entity who processes any Personal Information we collected on behalf of us)

Sensitive Personal Information

Means Personal Information that includes your social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, or union membership; contents of your mail, email, and text messages unless we are the intended recipient of the communication; genetic data; biometric information; Personal Information concerning your health; Personal Information collected and analyzed concerning your sex life, sexuality, or sexual orientation, Personal Information collected from a known child.

1. How We Collect Your Personal Information.

Directly from you. We collect your Personal Information directly from you when you provide such information directly to us, for example, when you register to create an account or submit information to us on a form through our Website,

Tracking technologies. When you visit our website, use our Services, open or click on the emails we send you, or interact with our advertisements, we or third-parties we work with automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies. For more information about the data collected in this manner, please see our Cookies Policy.

Social Media Platforms. If you interact with our profile(s) on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks, we collect information that you or the social media platforms disclose to us. For more information, you may review the privacy policies and settings of the social media platforms that you use.

2. Personal Information We Collect About You.

We may collect and use the following Personal Information:

Categories of Personal Information

Specific Types of Personal Information Collected

Cookie Information

The information we collect from tracking technologies on our Website as stated in our Cookie Policy

Employment Information

Information you provide as part of applying for a job or during the course of your employment.

Identifying Information

Name, email address, postal address, phone number, date of birth, account name, user name, social media handle, and similar identifiers.

Technical Information

IP address, browser type and version, preferred language, geographic location, operating system and computer platform, services you have viewed or searched for while using our Services, and parts of our Services that you have visited. Although we do not normally use technical data to identify individuals, sometimes individuals can be recognized from it, either alone or when combined or linked with user data.

Payment Information

Including credit or debit card numbers.

3. Why We Use Your Personal Information. We collect and use Personal Information for the following purposes:

Information

What we use your Personal Information for

Identifying Information, Payment Information, Technical Information

• To provide our Services to users, such as to create a profile on our platform, process payments, and send notifications.
• To prevent and detect fraud;
• Other processing necessary to comply with professional, legal and regulatory obligations that apply to us;
• Screening for financial and other sanctions or embargoes;
• Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies;
• Ensuring business policies are adhered to, e.g. policies covering security and internet use;
• Operational reasons, such as improving efficiency, training and quality control;
• Ensuring the confidentiality of commercially sensitive information;
• Statistical analysis to help us manage our business, e.g. in relation to our financial performance;
• Preventing unauthorized access and modifications to systems;
• Ensuring safe working practices and staff administration and assessments;
• External audits and quality checks, e.g. for accreditation and the audit of our accounts;

Employment Information

• To assess your eligibility for employment, onboard and enroll you as an employee, evaluate your performance, operate our business, comply with laws, communicate with you, and to provide you with compensation and benefits.

Cookie Information

• To provide our Services to users.
• For our advertising and analytics purposes and those of our third-party partners.

For more information, please see our Cookie Policy.

4. Who We Share Your Personal Information With. We share or disclose your Personal Information for a business purpose as described below:

• We share or disclose Identifying Information, Payment Information, and Employment Information to our Service Providers to help deliver our Services to you;
• We share some Cookie Information with third parties and Service Providers for analytics and advertising as provided in our Cookie Policy.
• We share or disclose Identifying Information to third parties approved by you, including social media sites you choose to link to. Additionally our Website has features like plugins, widgets, and/or other tools made available by social media platforms that may result in information being collected or disclosed between us and such parties. Their use of your information is not governed by this privacy policy.

We may also disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

Additionally, we may also need to share some Personal Information with other parties, such as potential buyers of some or all of our entity or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations, similar to those binding Service Providers discussed above.

5. Personal Information We Sell. Some jurisdictions consider the sharing or disclosing of Personal Information collected by online tracking technologies like cookies with third-parties to be a “sale” of Personal Information. To the extent this information is considered a sale, we share some Personal Information gathered when you browse our website with third-parties as described in our Cookie Policy. We do not sell any other Personal Information.

6. Global Privacy Control. We honor Global Privacy Control, a browser-level signal, maintained either by a browser or browser extension, that a user can configure to opt out of the sale or sharing of Cookie Information with third-parties. More information about Global Privacy Control is available at https://globalprivacycontrol.org/.

7. How Long Your Personal Information Will Be Kept. We will keep your Personal Information for the period necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law.

We will also keep your Personal Information for as long as is necessary:

• To respond to any questions, complaints or claims made by you or on your behalf;
• To show that we treated you fairly; or
• To keep records required by law.

When it is no longer necessary to retain your Personal Information, we will delete or deidentify it.

8. Where Your Personal Information is Held. Information may be held at our offices, those of our Service Providers, and third parties (see above: “Who We Share Your Personal Information with”).

9. Promotional Communications. We may use your Personal Information to send you updates (by email, text message, telephone or post), including exclusive offers, promotions or new products and services.

We have a legitimate interest in processing your Personal Information for promotional purposes. This means we do not usually need your consent to send you promotional communications. However, where consent is needed (or doubly needed) under Data Privacy Laws, we will ask for this consent separately and clearly.

You have the right to opt out of receiving promotional communications at any time by:

• Contacting us at privacy@LaborIQ.co;
• Using the “unsubscribe” link in emails or “STOP” number in texts; or
• Updating your notification preferences in the Account Settings section of your account.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or services in the future, or if there are changes in the Laws or the structure of our entity.

10. IMPORTANT NOTICE FOR CHILDREN UNDER THE AGE OF SIXTEEN (16). Our Website and Services are NOT intended for children under the age of 16 without parental consent. Indeed, our Terms & Conditions (in Paragraph 4) requires that any Opt-In Participant must be at least 16 years of age. IF YOU ARE UNDER THE AGE OF 16 and wish to become an Opt-In Participant, your parent or legal guardian must supervise your use of our Website and Services, opt-in and create any account, submit any of your Personal Information, and agree to this Policy, our Cookie Policy, and our Terms & Conditions for you and your parent or legal guardian. Also, WE WILL NOT RETAIN ANY PERSONAL INFORMATION OF ANY PERSON UNDER THE AGE OF THIRTEEN (13) IF KNOWINGLY COLLECTED WITHOUT PARENTAL OR LEGAL GUARDIAN SUPERVISION AND CONSENT. If we learn that we have collected Personal Information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that Personal Information. If you believe we have impermissibly collected Personal Information from someone under the age of 13, please contact us immediately.

III. AVAILABLE RIGHTS TO YOU

1. Your Rights in General.

State privacy law provide residents with certain rights that may be applicable to you:

Disclosure of Personal Information We Collect About You

You have the right to know:

• Whether we are processing your Personal Information;
• The categories of Personal Information we have collected about you;
• The categories of sources from which the Personal Information is collected;
• Our business or commercial purpose for collecting or selling Personal Information;
• The categories of third parties with whom we share Personal Information, if any; and
• The specific pieces of Personal Information we have collected about you.

Please note that we are not required to:

• Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or
• Provide the Personal Information collected to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose

In connection with any Personal Information we may sell or disclose to a third party for a business purpose, you have the right to know:

• The categories of Personal Information about you that we sold and the categories of third parties to whom the Personal Information was sold; and
• The categories of Personal Information that we disclosed about you for a business purpose.

Right to Opt-out

You have the right to opt-out of the sale of your Personal Information to third parties or Service Providers, the use for targeted advertising, and profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you. If you exercise your right to opt-out, we will refrain from selling your Personal Information, unless you subsequently provide express authorization. To opt-out of the sale of your Personal Information, please click here to update your Preferences.

Right to Access

The right to be provided with a copy of your Personal Information (the right of access). See LaborIQ Terms of Service for proper procedures.

Right to Limit the Use and Disclosure of Sensitive Personal Information.

The right to limit the use and disclosure of any Sensitive Personal Information about you.

Right to Rectification or Correct Personal

Information The right to require us to correct any mistakes in your Personal Information

Right to be Forgotten or Deleted

The right to require us to delete your Personal Information

We may deny the request if the information is necessary to:

• Complete providing a Service requested or reasonably anticipated by the Opt-In Participant
• Detect and protect against security incidents, malicious, deceptive, fraudulent, or illegal activity, or take action against those responsible for such activity
• debug to identify and repair errors impairing intended functionality
• Engage in research in the public interest adhering to applicable ethics and privacy laws where the Opt-In Participant has provided informed consent
• Enable solely internal uses reasonably aligned with the Opt-In Participant’s expectations based on the Opt-In Participant’s relationship with us
• Comply with any legal proceeding, court order, law, legal investigation, regulatory body, or other legal obligation
• Otherwise use the information internally in a lawful manner compatible with the context in which the Opt-In Participant provided the information

Right to Restriction of Processing

The right to require us to restrict processing of your Personal Information—in certain circumstances, e.g. if you contest the accuracy of the data

Right to Data Portability

The right to receive the Personal Information you provided to us in a portable and readily usable format. If the Personal Information is in a platform, you may have the right to receive the information in a format that allows the transfer to another platform.

Right to Object The right to object:

• At any time to your Personal Information being processed for direct marketing (including profiling)
• In certain other situations to our continued processing of your Personal Information, e.g. processing carried out for the purpose of our legitimate interests

Right Not to Be Subject to Automated Individual Decision-Making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

Right Not to Be Discriminated Against

• You have the right to not be discriminated against by us because you exercised any of your rights. This means we cannot, among other things:
• Deny goods or services to you;
• Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Provide a different level or quality of goods or services to you; or
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and services to you, if that difference is reasonably related to the value provided to our business by your Personal Information.

Right to Appeal the Denial of an Enforcement of Your Right by Us

You have the right to appeal the denial or failure to enforce any request of your rights listed above by us. You can appeal any data privacy decision or indecision we make concerning your Personal Information by emailing us at privacy@LaborIQ.co and including the word “Appeal” in the subject line of the email with information sufficient to allow us to identify

2. How to Contact us or Exercise Your Rights. If you would like to contact us or exercise any of your rights as described in this Policy, please:

• Call us at +1 (972) 961-4400; or
• Email us at privacy@LaborIQ.co.
• Users of our Services (i.e., those who have created an account to login to our portal) may manage the use of some data in the Account Settings section of their account.

Not all of the rights listed above may apply to you depending on your state of residence and other factors, including restrictions on the number of times per year you can make certain kinds of requests. We reserve the right to evaluate your request to determine our responsibilities for complying with the request.

If you choose to contact us directly by, you will need to provide us with:

• Enough information to identify you (e.g., your full name, email address and phone number or WhatsApp number provided);
• Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
• A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any Personal Information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

IV. GENERAL INFORMATION

1. Changes to This Privacy Notice. We may change this Policy from time to time–when we do, we will inform you via our Website and by email.

2. Do You Need Extra Help? If you would like this Policy in another format (for example: audio, large print, braille), please contact us (see “How to contact us” above).