I. HOW DO WE COLLECT AND USE YOUR INFORMATION?
We collect and process information about you with your consent and/or as necessary to provide the products and services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
When you are asked to provide information, you may decline. But if you choose not to provide information that is necessary for certain products or features, those products or features may not be available.
Information You Provide To Us or Third Parties. We collect information you provide directly to us, as follows:
Registration. Account Information which includes personal information we collect when you create an account or create or edit your profile through the FYSH Technology Services. Account information includes your name, email address, postal address, phone number, date of birth, availability, and any other account-related information you choose to provide.
We use this information to create and register your account as a “Registered User” on the FYSH Technology Service; provide, maintain and improve our Technology Services; enable communications between you and other users of the Technology Services; send you technical notices, updates, security alerts and support and administrative messages; present you with content that is relevant to you; communicate with you about products, services, and events offered by FYSH and others, and provide news and information we think will be of interest to you.
If you register for a Technology Service that requires you to pay a fee, a third party application will also collect your payment method details, such as account number, expiration date, and security code, as well as your billing address, for payment purposes, and your birthday, if not previously provided. You will need to register on these applications and will be subject to the privacy policies of those platforms.
Profile. If you are a person providing services (“Provider”), we collect and store all of the additional information that you provide to us on your posting. This may include, among other information: The type of services you provide, your schedule, location, hourly rate, ability to drive, pictures you choose to provide, health information, if you choose to provide it, and any other information you choose to include in your posting.
If you are a person looking for someone to provide services, we collect and store all of the additional information that you provide to us on your posting. This may include, among other information: The type of services you are looking for, your schedule, location, narrative job description, and requirements for a Provider (such as ability to drive), pictures you choose to provide, health information, if you choose to provide it, and any other information you choose to include in your posting.
Other. Both Registered Users and temporary visitors (“Site Visitors”) on the FYSH site (“Site”) may choose to provide information by phone, email, postal mail, or chat. We collect and store all of the information you provide to us through these channels. Site Visitors and Registered Users may provide information to FYSH when they contact the helpline or use certain Technology Services FYSH may offer by telephone. For example, if you call FYSH to discuss service options over the phone, we will collect and store all of the information you chose to provide to us. If you provide information about someone other than yourself, you represent that you have authority to do so.
Payment and tax information, which includes payment information you provide to us, such as the amount and type of Technology Services purchased, the date and time of a transaction, and payment card information. Payment card transactions are processed by our third-party payment processors. If you are a Provider, we and our third-party payment processors may also collect certain payment disbursement information to distribute your revenue from the provision of Technology Services. We may also collect your tax identification number.
We use this information to facilitate and process transactions and send you related information, including booking and payment confirmations and tax documentation (where required); facilitate revenue distribution to Providers and for related accounting purposes; detect, investigate and prevent fraudulent transactions and other illegal or unauthorized activities; and protect the rights and property of FYSH and others.
Information collected automatically when you use the Technology Services includes usage information, device information, location information and cookies. We use this information to present the Technology Services to you on your device; provide, maintain and improve our Technology Services; send you technical notices, updates, security alerts and support and administrative messages; detect, investigate and prevent fraudulent transactions and other illegal or unauthorized activities and protect the rights and property of FYSH and others; communicate with you about products, services, and events offered by FYSH and others; provide news and information we think will be of interest to you; and link or combine with information we get from other sources to help provide you with better service.
Information Provided by Others. FYSH also captures and collects information that Registered Users, Site Visitors, and others provide about one another. For example, Providers may invite Registered Users, Site Visitors, or others to rate and indicate their relationship to the Provider on the Site. Additionally, certain Registered Users may post reviews about individual Providers. Registered Users may communicate directly with one another through FYSH platforms. Registered Users, Site Visitors, and others also may provide information to us about Registered Users by phone, email or postal mail. FYSH captures and stores all information it receives from Registered Users, Site Visitors, and others about other Registered Users and Site Visitors.
Information Provided By Service Providers You Use In Connection With Our Technology Services. If you engage a service provider through FYSH, such as a home care agency or a payments processor, that service provider may provide us with information about you or your loved ones, such as information relating to your transactions with the service provider.
Information You Expressly Authorize Us To Collect. We may from time to time request permission to collect certain information from or about you. For example, if you use a FYSH mobile application, we may request permission to access information about the contacts listed in your mobile device phone book when you initiate an address book search for friends who have downloaded the application. We may also request permission to access and store your location (e.g., your precise GPS-based functionality on the mobile devices used to access the Site and Technology Services). If you grant your permission, we will access and/or store such information unless you subsequently opt out by adjusting the settings in your mobile device. See your device manufacturer’s instructions for further details.
Automatically Collected Information. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Site and Technology Services as described in this section below such as log files, internet protocol (“IP”) addresses and information about your computer and mobile device.
When you visit the Site, FYSH receives the IP address of your computer (or the proxy server you use to access the internet), your computer operating system, the type of web browser you are using, and browser language. If you are using a mobile device, FYSH may also receive unique device identifiers and other information about your mobile or other device(s), and mobile operating system. We may correlate this information with other information we have about you. We may also automatically collect information related to the ways in which you interact with the Site and the Technology Services, such as referring and exit pages, URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed (including ads viewed) and the order of such views, the amount of time spent on particular pages, the date and time you use the Technology Services, error logs, and other similar information.
Online Analytics And Advertising. When you visit our Site or open one of our emails, we may allow authorized third parties, such as ad servers, ad agencies, ad exchanges, ad technology vendors, and research firms, to place or recognize a unique cookie, pixel, and/or similar technologies on your browser in order to provide you relevant FYSH advertisements as you surf the Internet. If you prefer not to receive these online behavioral advertisements, you may opt-out here: support@FYSH.com. In order for the opt-out to work, your browser must be set to accept third-party cookies. Furthermore, if you buy a new computer or mobile device, change web browsers or delete the opt-out cookie, you will need to perform the opt-out task again. Please note that if you opt-out, you may continue to receive FYSH advertisements as you surf the Internet, including contextual ads based on the content on a webpage you are visiting. However, these advertisements will not be displayed based on information contained in, or collected by, cookies or other technologies placed on your browser when you visit our Site or open our emails.
We also use Google Analytics to measure Site usage and improve our visitor experience. The relevant data is provided to us by Google in the aggregate (i.e., individual users are not identified) and allows us to better understand our Site audience. The Google Analytics features implemented by us allow us (a) to evaluate and generate reports on certain demographic, behavioral, and interest metrics of users collected by Google, and (b) to create advertising remarketing audiences and campaigns based on such metrics, which may be segmented into aggregated groups. Site Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings form at https://www.google.com/settings/ads.
II. HOW WE SHARE YOUR INFORMATION
When you sign up for and participate in the interactive areas of our Technology Services, such as creating a user profile or writing a review (note that if you are a service provider, your profile is discoverable to anyone who searches the Site or enters your unique profile URL into their browser);
With vendors, consultants, business partners, and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information if we believe disclosure is in accordance with, or required by, applicable law, regulation or legal process;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property or safety of FYSH, its employees, its users, or the public; and
With your consent or at your direction.
How We Share. In addition to using the information collected by FYSH for the purposes described above, we may also share your information with various third parties, as described below. Please review our sharing policy closely. By using our Site or our Technology Services, you agree to allow us to share the information you provide to us in the ways described below. Your ability to make changes to what information is shared is described below in Section V.
With All Site Visitors And Registered Users. If you are a person needing service or a Provider, in order to increase your chances of finding a job or finding the services you need, we share with Site Visitors and Registered Users the information that is included in your job posting or profile, aside from your contact information, as well as the following registration information, which we may include in your job posting or profile: your first name, first initial of your last name, city, state, profile picture, and if you are a Provider, your gender and, unless you opt-out, your age. With certain exceptions, you choose how much detail you want to include in either your job posting or your profile. If you are a Provider and have elected to verify certain information with FYSH or to have a background check performed, we may also disclose that information in your profile as a Registered User in addition to your response rate and any payment or payroll preferences you have indicated.
With Other Registered Users. In addition to the information that is provided to all Registered Users and Site Visitors, Provider reviews and references are made available to certain Registered Users. If you are a Provider, your phone number may be visible to certain Registered Users if you elect to share it in your profile. In addition, your approximate residential location is made available to certain Registered Users and Site Visitors unless you elect to keep that information confidential.
With Vendors/Service Providers. We also share information with vendors with whom we have a contractual relationship and who perform services for FYSH including, without limitation, vendors who provide email, demographic information, or geo-location information services, vendors who perform background checks, vendors who process or accept credit card payments, vendors who run classified advertising businesses, vendors who send SMS messages to Registered Users’ mobile phone numbers, vendors who provide services that enable us and other third parties to detect and prevent fraud, in each case to the extent applicable. In certain cases (such as for vendors who help facilitate our online communication services or provide fraud detection and prevention services), the information we share may include the contents of written and audio messages you send through our online communication platforms.
With Our Affiliates. You acknowledge and agree that we may disclose any of the information we’ve collected about you to any of our affiliates or subsidiaries for the purposes of providing you with the Technology Services, operating the Site, soliciting you for potential employment opportunities with those affiliates or subsidiaries, and our other commercial purposes, including those of our affiliates and subsidiaries.
If you are a person needing service, you will appear in search result listings if you match the search criteria used by a Provider or person needing service, as applicable. Similarly, you may appear in emails sent to Providers or persons needing service in your area. Persons needing service may opt-out of being included in Provider search results and in certain emails sent to Providers. In addition, if you are a person needing service and you view the profile of certain Providers, those Providers will be able to see that you have viewed their profiles unless you opt-out of that information sharing.
If we terminate your registration for any reason, we reserve the right to send a notice of your termination to other Registered Users with whom we believe you have corresponded.
III. YOUR CHOICES REGARDING THE SHARING OF YOUR PERSONAL
Registered Users have control over what optional information they choose to share with us when utilizing our Technology Services (such as pictures, certain details in a job description or profile, etc.).
In addition, Registered Users have the following opt out choices with respect to the sharing of their information, which they can manage via their account settings:
Registered Users can opt out of having their FYSH online status visible to other Registered Users who are on FYSH.
Registered Users can opt out of having information contained in their job postings or Provider profiles shared with other Registered Users and third-party web sites to be listed in third-party search engine results such as Google.
Registered Users who have connected to FYSH through Facebook may subsequently opt out of having certain of their Facebook information shared with FYSH and certain of their FYSH information shared with Facebook by disabling Facebook Connect in their account settings.
Registered Users who have opted into receiving text message alerts notifying them of account related events can opt out of receiving those text messages.
Providers can opt out of having their approximate residential location (through Google map plotting) visible to Registered Users.
Providers can opt out of allowing care-related companies to contact them about potential job opportunities.
Providers can opt out of having their age visible to Registered Users.
Persons needing service can opt out of appearing in Provider search results and in certain Provider emails to not allow Providers to initiate contact with them. They can also opt out of allowing Providers see that they have viewed the Providers’ profiles.
Users of a FYSH mobile application, who have given FYSH permission to access certain information from their mobile device such as their location or contacts, may subsequently opt out of that information sharing by adjusting the settings in their mobile device.
Your opt out preferences will take effect within 10 days of receipt of your request.
IV. YOUR COMMUNICATION CHOICES
By becoming a Registered User, you are consenting to receive certain email communications from us, such as special offers, tips and advice, notifications of new persons needing service or Providers in your area, customer surveys and administrative notices.
You may also opt-out of receiving unsolicited marketing calls from us regarding your FYSH account by adjusting your settings in your account settings.
If you are a person needing care, certain Providers may initiate contact with you directly using the messaging features of the FYSH Site. You have an option at any time to stop permitting Providers from initiating contact with you by adjusting your settings in your account settings.
V. CHANGING OR REMOVING YOUR PERSONAL INFORMATION AND CLOSING YOUR ACCOUNT
You can update certain of your information by logging into your account and accessing your account settings. If you would like to remove some of the information you have posted on the Site, such as information you posted in profiles and job postings, you may do so by editing or deleting that item in your My Profile & Settings area or your My Jobs area.
If you no longer wish to participate in our Technology Services, you may close your account directly through your account settings.
If you close your FYSH account, we will remove your name and other contact and identifiable information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain information related to you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, de-identified information, account recovery, auditing our records, enforcing our rights and obligations under our agreements, or if required by law. FYSH may also retain and use your information if necessary to provide the Technology Services to other Registered Users. For example, just as an email you may send to another person through an email service provider resides in that person’s inbox even after you delete it from your sent files or close your account, emails you send through FYSH to other Registered Users, as well as your contributions to FYSH groups, may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that others have copied, may also remain visible. FYSH disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information, or any obligation not to delete the information.
FYSH does not control when search engines update their search index or cache, which may contain certain job posts, profiles or other information that have since been removed from FYSH’s Site.
VI. COLLECTION OF INFORMATION FROM CHILDREN
FYSH’s Site and Technology Services are not intended for individuals under the age of 14. Moreover, if we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.
VII. HOW WE PROTECT INFORMATION
We have implemented a variety of administrative, technical, and physical security measures to protect against the unauthorized access, destruction, or alteration of your information. These safeguards vary based on the sensitivity of information that we collect, process, and store and the current state of technology.
VIII. LINKS TO OTHER WEBSITES
X. 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 Technology Services you use are:
Identifiers (such as name, address, email address);
Commercial information (such as transaction data);
Financial data (such as payment method details and billing address);
Internet or other network or device activity (such as browsing history or usage information);
Geolocation information (e.g., your approximate location based on IP address, or precise location with your consent);
Inference data about you (e.g., the additional services or advertising we think would be of most interest to you based on your interactions with us);
Professional or employment-related data (e.g., if you are a Provider, your references and employment history);
Education information (e.g., if you are a Provider, your level of education);
Legally protected classifications (such as gender or information obtained from a background check, where applicable);
Physical characteristics or description (e.g., photos you choose to upload to your job postings or profile);
Medical information (e.g., if you provide us this information in connection with senior service planning); and
Other information that identifies or can be reasonably associated with you (e.g., registration and log-in information).
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. See the relevant section(s) above for more information.
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 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:
Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Policy.
Provide access to and/or a copy of certain personal information we have about you.
Delete certain personal information we have about you.
Provide you with information about the financial incentives that we offer to you, if any.
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 Technology 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: support@FYSH.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.
XI. 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: support@FYSH.com. Please note we may take reasonable steps to verify your identity and the authenticity of the request.
XII. CONTACT US
XIII. INFORMATION SECURITY
FYSH takes reasonable measures designed to help protect information about you from loss, theft, misuse and unauthorized access, use, disclosure, alteration and destruction.
The FYSH Site and Technology Services are built with strong security features that continuously protect your information. FYSH has protocols to help detect and automatically block security threats from ever reaching you. We work hard to protect you from unauthorized access, alteration, disclosure, or destruction of information we hold, including:
Using encryption to keep your data private while in transit;
Offering security features, like two-step verification, to help you protect your account;
Reviewing our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems; and
Restricting access to personal information to FYSH employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Please be aware that no method of transmission over the Internet or through mobile applications is 100% safe. Therefore, although we use commercially reasonable means to protect your information, we cannot guarantee its absolute security.
The information we collect is stored and processed in the United States. Storage is off-site secure cloud-based storage provided by a third party. We take steps designed to ensure that the information we collect under this Policy is processed according to the provisions of this Policy and applicable law wherever the information is located.XIV. RETENTION
We retain information for as long as necessary to provide the Technology Services and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different information types in the context of Technology Services, actual retention periods can vary based on criteria such as user expectations or consent, the sensitivity of the information, the availability of automated controls that enable users to delete information, and our legal or contractual obligations.
We keep some data for the life of your account if it is useful for helping us understand how users interact with our features and how we can improve our Technology Services. Information is retained for extended time periods for limited purposes. For example, sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. For example, when FYSH processes a payment for you, or when you make a payment to FYSH, we’ll retain this data for longer periods of time as required for tax or accounting purposes. Reasons we might retain some data for longer periods of time include:
- Security, fraud and abuse prevention;
- Financial record-keeping;
- Complying with legal or regulatory requirements; and
- Ensuring the continuity of our Technology Services.
Our Technology Services also use encrypted backup storage as another layer of protection to help recover from potential disasters. Data can remain on these systems for up to six months.