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Last updated: 6 February 2019
The software application made available to you once you have downloaded or installed it (the “Gigable App”) are operated by Gigable Limited, Unit 1, Dogpatch Labs, the CHQ Building, North Wall Quay, Dublin 1 (“Gigable”). We are a registered company, number 631191. Gigable respects your right to privacy and this Privacy Statement (the “Statement”) sets out the basis on which we use, process, store or disclose any personal data detailed below (“Personal Data”) that we collect from you or that you provide to us through the Gigable App. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the EU General Data Protection Regulation (the “GDPR”), Gigable Limited is the Data Controller of the Data you provide to us. The Gig Owner will also be a Data Controller in their own right for GDPR purposes and will have responsibility with regard to certain Gig Helper Personal Data processed for its own usage, as between the Gig Owner and Gig Helper.
This Statement, together with our Gigable Terms of Use and the Gigable Terms of Service applies to both Gig Owners and Gig Helpers use of the Gigable App. This Statement also applies to any of the services accessible through your use of or in connection with the Gigable App (the “Services”).
1. OVERVIEW OF THIS STATEMENT
We collect Personal Data from you when you use the Gigable App and process this Personal Data for the purposes of providing you with access to the Gigable App. You can also choose to provide us with additional Personal Data (for instance via email or contact forms or support chat messenger available via the Gigable App) which we will process for the purposes of responding to your queries (including any employment applications to work at Gigable). Responding to these queries is necessary for the purposes of our legitimate business interests. We also are legally required to process your Personal Data in order to comply with legal obligations imposed on us under applicable Irish and European Union law. Further, it is necessary to process your Personal Data in order to enter into and perform our duties (including the exercise of our powers) pursuant to our contract with you.
We may, in certain limited scenarios, share your Personal Data within the other entities and with third parties according to this Statement. We will also share your Personal Data with law enforcement agencies or public bodies if we are required by law to do so. We store your Personal Data on servers located in Europe, however some of our service providers use servers located outside of Europe (for instance Google and Amazon Web Services). Where any personal data is transferred outside of Europe it is done so in accordance with the rules and prescribed mechanisms for international transfers according to the GDPR (as further detailed in section 4).
THE PERSONAL DATA WE PROCESS
If you do not wish to provide us with your Personal Data for the purposes listed in this section, we will not be able to enter into or perform our contract with you and you will not be able to use the Gigable App or the Services.
We will collect and process the following Personal Data from you:
Information you give us:
Profile and Gig Information
How you provide this information to Gigable
- You provide us with information when you register to use the Gigable App, download or install the Gigable App, or subscribe to any of our Services.
- You do this by sharing data via the Gigable App’s social media functions, messaging functions, promotion or survey functions and when you report a problem with the Gigable App and/or the Services.
- You may also give us information about yourself by filling in forms, completing the Gigable questionnaire on the Gigable App or by corresponding with us (for example, by e-mail or through the Gigable App’s contact feature). You may also give us information about yourself by completing your profile in the Gigable App.
- Where you provide information about other individuals, (including references) via the Gigable App, you agree that you are responsible for ensuring that such individuals know their personal information will be used by us in accordance with this Statement and have no objection to such use.
Type of Information
- The information you provide to us may include but is not limited to your name, address, location, e-mail address, phone number, age, date of birth, username, password and other registration information, transaction details (relating to payments made or received in the Gigable App), personal description, photograph, work history, qualifications, experience and education details.
- The information you provide may also include (but is not limited to), Gig information, Gig history, role specification, experience required and information related to the applicable rate of pay.
Device Information
How you provide this information to Gigable
- When using the Gigable App or availing of Services, personal information will be collected from you by Gigable.
Type of Information
Your device browser including your IP address, region or location and other information derived from cookies used on the Gigable App.
- Details of your visits and use to the Gigable App such as traffic data.
You can choose to provide us with the following Personal Data:
Query and Form Information
How you provide this information to Gigable
- When contacting us and submitting enquiries through the Gigable App by e-mailing us or using the support chat messenger.
Type of Information
- Gig Owners and Gig Helpers, or other users may choose to give us additional information such as name, address, employment history, university qualifications, issues relevant to support queries or other issues around the use of services.
Additional Gig Information
How you provide this information to Gigable
- When setting up your profile or applying for a gig opportunities advertised on the Gigable App or availing of Services, personal information will be collected from you by Gigable (however different categories of information will be required for Gig Helpers and Gig Owners). This may include information about your previous work experience, university education and professional qualifications. You will also be required to set up a Stripe Connect account (as further detailed in the Terms of Service). Gigable will not have access to all information provided to Stripe.
- If you provide us with this information, we will keep a record of this information for as long as is necessary to deal with working towards presenting Gig opportunities from a Gig Owner to a Gig Helper. After a Gig Helper’s information has passed to a Gig Owner, the Gig Owner will also be a data controller under the GDPR in relation to the usage of such Personal Data as well as any further information processed for Gig Owners’ usage. Gigable will only retain the profile information originally submitted for as long as necessary under our retention processes as further described below in section 6.
Type of Information
- Gig Owners and Gig Helpers may also choose to give us additional information depending on the Gig type including, but not limited to, motor tax and insurance details, driver’s license, university education, professional qualifications, previous employment, a photograph or other details, when applying for gig vacancies advertised on the Gigable App or when setting up a gig vacancy on the Gigable App.
We may obtain the following Personal Data about you from other third parties:
Third Party Information
- We may receive limited information about you from social media platforms, such as but not limited to Facebook, Instagram, Twitter and LinkedIn, when you interact with us via such platforms. This includes information such as details of how you shared the Gigable App via the social media resources on the Gigable App. For clarification Gigable will not pass any Personal Data from Gig Owners or Gig Helpers to any third party social media platforms.
Review and Ratings
- Both Gig Owners and Gig Helpers may submit star ratings, reviews, comments, photos, and other user-generated content through the ratings and review facility on the Gigable App.
2. HOW AND WHY WE USE YOUR PERSONAL DATA
The following table details the legal bases and the purposes for which we process your Personal Data:
| Legal Basis | Purpose(s) | Personal Data Processed |
|---|---|---|
| Contractual Necessity | Contract Performance It is necessary to process your Personal Data in order to enter into and perform our duties (including the exercise of our powers) pursuant to our contract with you. Given that the service we operate facilitates Gig Owners in liaising directly with Gig Helpers using their profiles to find the appropriate Gig Helper for a Gig, it is necessary that we collect, and process Personal Data submitted via the Gigable App and Services in connection with the delivery and performance of these services. In order to verify your driving credentials (in relation to ensuring you are qualified for certain gigs), it is essential that we collect certain personal data from you. In order to verify your identity it is also essential that we collect certain personal data from you. For clarification, in order to enable to facilitate the sending and receipt of payments in the Gigable App, you will be required to verify your identity via Stripe. While Gigable will have access to certain payment and transaction information, the details of such payment information will be held and processed by Stripe. For more information please see the Terms of Service and the Stripe Terms of Service. | Data Type • Profile and Gig Information • Additional Gig Information • Payment and Transaction Information |
| Legitimate Interests | Enhancing the Gigable Experience In order to enhance the Gigable experience it is necessary that we collect and process Personal Data submitted via the Gigable App. We use technology to assist us in helping meet the needs of both Gig Owners and Gig Helpers. Maintaining and Improving Gigable App Functionality & Efficiency To provide, improve, test and monitor the effectiveness of the Gigable App. To monitor metrics such as total number of visitors, traffic data and demographic patterns. Feedback, Questions and Cancellations To process and respond to any enquiries or requests you submit to us by email. Promotional or Marketing Materials To provide you with information in relation to our events programme, general news from Gigable and other communications from Gigable deemed to be of probable interest (please note that you may opt-out of receiving such marketing information by contacting us at info@gigable.com). | Data Type • Profile and Gig Information • Additional Gig Information • Rating and Reviews Information • Device Information, • Query and Form Information • Third Party Information |
| Legal Obligation | Irish and EU Law It is necessary to process your Personal Data in order to comply with legal obligations imposed on us under applicable Irish and European Union law. | Data Type • Profile and Gig Information • Device Information, • Query and Form Information • Additional Gig Information • Third Party Information • Rating and Reviews Information |
| You have the right to object at any time to the processing of your Personal Data carried out on this basis (please see section 8 below for more information on your rights). When we process your Personal Data based on our legitimate interests, we make sure to consider and balance any potential impact on you and your Data Protection rights. We will not process your Personal Data for activities where our interests are overridden by the impact on you. | ||
3. WHO WE SHARE YOUR PERSONAL DATA WITH
We will disclose your Personal Data to some or all the following recipients:
RECIPIENT(S)
Gig Owners and Gig Helpers
- In order for Gig Owners and Gig Helpers to use the Gigable App it is necessary to facilitating the sharing of certain information between Gig Helpers and Gig Owners. After the Gig Helpers information has passed to a Gig Owner, the Gig Owner will also be a data controller under the GDPR for its usage of such information as well as any further information processed for its own usage.
Investors and Partners
- Potential Investors and partners (subject to pseudonymisation of all Personal Data) as if Gigable or substantially of all its assets are acquired by a third party, Personal Data held by it about Gig Owners and Gig Helpers will be one of the transferred assets.
Advertisers
- We may provide advertisers with anonymous (not individual) aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We do not disclose information about identifiable individuals to our advertisers.
Integrated Services
- We may receive, use and share certain information including information made publicly available on or through your account of other integrated services (e.g. Facebook, Instagram, Linkedin and Twitter etc.). For clarification Gigable will not pass any Personal Data from Gig Owners or Gig Helpers to any third party social media platforms.
Other Recipients
- Regulatory authorities and law enforcement agencies (where we are under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation or request).
- External advisors e.g. lawyers, accountants and auditors (as necessary to protect Gigable’s legitimate and legal interests).
4. TRANSFERS OF YOUR PERSONAL DATA
Your Personal Data may be stored and transferred outside the European Union (“EU”). We only transfer your Personal Data outside the EU where the EU Commission has decided that the third country in question ensures an adequate level of protection in line with EU data protection standards or there are appropriate safeguards in place to protect your Personal Data. If you would like to find out more about the appropriate safeguards that we have in place to govern the transfer of your Personal Data you can contact us at info@gigable.com
Unfortunately, the transmission of information via the internet is not completely secure. Although we will always do our best to protect your Personal Data, we cannot guarantee the security of any information you transmit to us; any transmission is at your own risk. Once we have received your information, we will endeavour to use strict procedures and security features to try to prevent unauthorised access.
5. HOW LONG WE KEEP YOUR PERSONAL DATA FOR
In general, we expect to keep your Personal Data for as long as is necessary for the purposes for which it was obtained from the date of collection or, where you enter into a contractual arrangement with us, following the end of the performance of our contract (which may be up to 7 years in some cases).
Please note that in certain circumstances, we may hold your Personal Data for a longer period, for example, if we are processing an ongoing claim or believe in good faith that the law or a relevant regulator may reasonably in our view expect or require us to preserve your Personal Data.
6. LINKS TO THIRD PARTY WEBSITES
The Gigable App may contain links to and from the websites of our partner networks, advertisers and service providers (including, but not limited to, websites on which the Gigable App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy statements and that we do not accept any responsibility or liability for these statements or for any Personal Data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
7. OUR USE OF STATISTICAL INFORMATION
We log certain information concerning your use of the Gigable App. This information includes Gigs applied for and activity choices, Gig’s completed and employment industry of Gigable App users in addition to other activities connected with the use the Gigable App. This information is logged for the purpose of providing the Gigable App and our Services with information such as total number of visitors, traffic data and demographic patterns. We may then aggregate and anonymise this information.
From the anonymised information we collect, we are able to compile statistics in the form of percentages and/or figures relating to users’ interaction with the Gigable App.
8. YOUR RIGHTS AND HOW TO EXERCISE THEM
You have a number of rights in relation to your Personal Data, which are set out in this section 9. In particular these rights include the right to object to the processing of your Personal Data where that processing is carried out for our legitimate interests. Note that in certain circumstances these rights might not be absolute.
| Right | Further Information |
|---|---|
| Right of Access | You have the right to request a copy of the Personal Data held by us about you and to access the information which we hold about you. We will only charge you for making such an access request where we feel your request is unjustified or excessive. |
| Right to Rectification | You have the right to have any inaccurate Personal Data which we hold about you updated or corrected. |
| Right to Erasure | In certain circumstances, you may also have your Personal Data deleted, for example if you exercise your right to object (see below) and we do not have an overriding reason to process your Personal Data or if we no longer require your Personal Data for the purposes as set out in this Statement. |
| Right to Restriction of Processing | You have the right to ask us to restrict processing your Personal Data in certain cases, including if you believe that the Personal Data we hold about you is inaccurate or our use of your information is unlawful. If you validly exercise this right, we will store your Personal Data and will not carry out any other processing until the issue is resolved. |
| Right to Data Portability | You may request us to provide you with your Personal Data which you have given us in a structured, commonly used and machine-readable format and you may request us to transmit your Personal Data directly to another Data Controller where this is technically feasible. This right only arises where: (1) we process your Personal Data with your consent or where it is necessary to perform our contract with you; and (2) the processing is carried out by automated means. |
| Right to Object | You have a right to object at any time to the processing of your Personal Data where we process your Personal Data on the legal basis of pursuing our legitimate interests. |
You can exercise any of these rights by submitting a request to info@gigable.com.
We will provide you with information on any action taken upon your request in relation to any of these rights without undue delay and at the latest within 1 month of receiving your request. We may extend this up to 2 months if necessary however we will inform you if this arises. Please note that we may ask you to verify your identity when you seek to exercise any of your data protection rights.
You also have the right to lodge a complaint with the Data Protection Commission. For further information see www.dataprotection.ie.
9. CHANGES TO THIS STATEMENT & QUESTIONS
If we amend this Statement, in whole or part, any changes will be posted on this page and, where appropriate, notified to you by email or when you use the Gigable App. The new Statement may be displayed on-screen and you may be required to read and accept it to continue your use of the Gigable App.
If at any time we decide to use your Personal Data in a manner significantly different from that stated in this Statement, or otherwise disclosed to you at the time it was collected, we will notify you by e-mail, and you will have a choice as to whether or not we use your Personal Data in the new manner.
If you have any questions, comments or concerns about the way your Personal Data are being used or processed by Gigable, please submit your question, comment or concern in writing to info@gigable.com
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Gigable Ltd (UK), Colony CoWork, Jactin House, 24 Hood Street, Manchester, England. M4 6WX. Company number 12400320.
Gigable Ltd (IRL), Dog Patch Labs, Unit 1 CHQ, North Wall Quay, Dublin 1. D01 Y6H7. Company number 631191.
