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Policy

PRIVACY POLICY GUIDELINES

This policy describes the types of information that WorkLLama LLC (“WorkLLama”), on behalf of Nesco Resrouce (“Data Owner”, WorkLLama and Data Owner are sometimes referred to individually or collectively, as the context indicates, as “we”, “our” or “us”), may collect from you or that you may provide when you purchase, download, install, register with, access, or use the Nesco Resource powered by WorkLLama™ mobile application, www.nescoresource.workllama.com, or any other Nesco Resource website operated by WorkLLama (collectively, the “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. Information collected or provided will be owned by the Data Owner.

 

This policy is intended to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this policy. This policy applies to information collected through the App and from electronic messages between you and the App, including, without limitation, information that identifies, relates to, describes, references are reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

 

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

This policy does not apply to information collected by (i) us offline or through any other means, including through any other application operated by WorkLLama, Data Owner, or any third party; or (ii) any third party (including our affiliates), including through any application or content that may link to or be accessible from the App.

 

Please read this policy carefully to understand our policies and practices regarding your information. By downloading, registering with, accessing, or using the App, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you agree to this policy. If you do not agree with our policies and practices, do not download, register with, or use this App.

Information We Collect

The following categories contain the type of personal information or other information we may have collected within the last twelve (12) months and may collect in the future from you or other consumers:

  • Identifiers: Your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
  • California Customer Records Data (Cal. Civ. Code § 1798.80(e)): Your name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. You should note that some personal information included in this category may overlap with other categories.
  • Classification characteristics protected under California or federal law: Your age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)
  • Commercial information: Records of your personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Medical or biometric information: Your genetic, physiological, behavioral, and biological characteristics, or other identifier or identifying information, such as fingerprints, blood titers, drug screens, vision test results, vaccination history, and information related to physical examinations such as height, weight, temperature, blood pressure, and medical conditions and diagnoses (including HIV and AIDS and pregnancy or childbirth and related medical conditions).
  • Internet or other similar network activity: Your browsing history, search history, information about your device and operating system, information on a consumer’s interaction with the App, a website, application, or advertisement, including through automatic means such as cookies.
  • Geolocation data- Your physical location or movements.
  • Device content- Your phonebook, contact list, and other content stored on your device when you are prompted and consent to access.
  • Sensory data- Your auditory, electronic, visual, thermal, olfactory, or similar information.
  • Professional or employment-related information: Your current or past job history or performance-related documentation, including, but not limited to, performance evaluations and improvement plans, written warnings, documented conversations and termination paperwork, employment pursuits and application data, professional designations, civil, regulatory, criminal, financial, arbitration, and termination history, and signed contracts and policies.
  • Non-public education information: Your education records are maintained by an educational institution or party acting on its behalfs, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  • Inferences are drawn from other personal information: A profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • App-related information you provide: Information you provide by filling in forms in the App, including information provided at the time of registering to use the App, information which may be posted publicly, such as job postings to the App and responses to postings, or requesting information made available on or through the App. Information we request when you report a problem with the App.
  • In-App communications: Correspondence or other communications that you may send to us or others through the App.

    We obtain the categories of personal information or other information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete, jobs you apply for or refer to or other interactions with us and our offerings.
  • Indirectly from you. For example, from observing your actions on our App.
  • From third parties, in connection with jobs you apply for or refer or other interactions with us and our offerings.

Information Collected Through Automatic Data Collection Technologies

In addition to the above collection sources, as you navigate through and interact with the App, we may collect, through automatic data collection technologies, certain information about your mobile device, browsing actions and patterns to improve the App and deliver better and more personalized service, to help remember and process the items or information you save or otherwise queue for later use, to compile aggregate data about App traffic and interactions to better serve you, to keep track of referrals of jobs or companies to other individuals, and to keep track of advertisements. Your mobile application and web browser settings allow you to control and limit cookies on your computer or mobile device. If you reject cookies, you may still use the App, but your ability to use some areas or functions of the App may be limited. If you do not want us to collect this information at all, do not download the App or delete it from your device.

 

“Unique Identifiers” may also be used to enable your use of the App. Unique Identifiers are small files used by our App that are stored on your device when the App is first installed for the purposes of identifying your device for consistent usage across sessions in the App. Unique Identifiers are installation-specific: if the App is uninstalled and then reinstalled, the old Unique Identifier is deleted and a new Unique Identifier is installed. These Unique Identifiers do not contain any personal information or other sensitive information. We use Unique Identifiers to track and enhance your usage of the App.

Third-party Use of Automatic Data Collection Technologies

Some content or applications, including advertisements, in the App, are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different apps and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

We do not control these third parties tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Accessing your device content and features

You may be prompted to allow us to access and use your device’s phonebook, contacts, microphone, camera, or other device content or features. If you consent, the content or feature will be used as described in this policy or as disclosed in the App. For example, we may use your phonebook or contacts to allow you to refer jobs to your contacts and allow us to process those job referrals. In addition, your microphone may be accessed to enable the in-App calling feature or uploading audio recordings to the App, and access to your camera allows you to upload pictures to the App.

How We Use Your Information

We may use or disclose information that we collect about you or that you provide to us, including any personal information:

 

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to apply for or refer a job or ask a question about a job posting, we will use that personal information to respond to your inquiry. If you provide your personal information to apply for or refer a job, we will use that information to process your application or referral, which may also include verifying employment eligibility, conducting a background check, and processing payroll. We may also save your information to facilitate new engagements with you.
  • To perform obligations and enforce rights arising under any contract between you and us (including the affiliates of WorkLLama or Data Owner), including any employment contract between you and the Data Owner.
  • To provide, support, personalize, present, and develop our App, job posting, and other products and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, applications, referrals (using your phonebook or contacts), interactions, transactions, and other interactions and prevent fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your App experience and to deliver content and job postings, referral programs, and other product and service offerings relevant to your interests, including targeted offers and ads through our App, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our App, job postings and referrals, other products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including developing and improve the App, job postings, referral programs, and other products and services.
  • For WorkLLama’s, Data Owner’s, and our respective affiliated entities’ internal business purposes.
  • To administer contests, promotions, surveys, or other website features.
  • To notify you about changes to the App or any products or services we offer or provide though it.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information, for any purpose with your consent, or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our App users is among the assets transferred.

We will not collect additional categories of personal information or other information or use personal information or other information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosure and Sharing of Your Information

We may disclose or share de-identified or aggregated information about our users without restriction.

 

Additionally, we may disclose or share your personal information to a third party for a business purpose in compliance with applicable law. We may disclose or share your personal information to certain third parties without further notice unless required by law, as follows:

 

  • To the affiliates of the Data Owner.
  • To our Service Providers.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our respective assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about App users is among the assets transferred.
  • To comply with any court order, law or legal process, government or regulatory request.

Third-Party Links

Occasionally, at our discretion, we may include or offer third-party products or services on our App. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Rights to Change Information

You may change any personal information that you have submitted to us through the App by logging into your account and updating your account profile in the App.

Your Rights and Choices under the CCPA (California Residents Only)

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes certain of those rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

 

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

 

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to the Data Owner by either:

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
    • Verifying your App user login and password;
    • Verifying certain information that we have collected; or
    • Such other methods that we deem necessary to reasonably verify your identity.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

 

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

 

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  •  

However, exercising certain of your CCPA rights may inhibit your ability to effectively and fully use the App due to the nature of the services offered through the App. Additionally, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the Data Owner at support@nescoresource.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to the App. Any transmission of personal information is at your own risk. We are not responsible for any party’s circumvention of any privacy settings or security measures contained in the App. The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. You should not share your password with anyone.

Children Under the Age of 16

The App is not intended for children under 16 years of age. No one under age 16 may provide any information through the App. If you are under 16, do not use or provide any information through the App or on or through any of its features. We do not knowingly collect personal information from children under 16; however, if we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. Please contact us if you believe we might have personal information about a child under age 16.

Fair Information Practices

In our effort to comply with the Fair Information Practices, should a data breach occur of which we are aware, we will attempt to notify affected users by email within ten (10) business days of becoming aware of such data breach, or as soon as possible thereafter.

Changes to Our Privacy Policy

We may change this policy from time to time and will post those changes in the App. If we make material changes to how we treat our users’ personal information, we will notify you by email or by conspicuous notice within the App. Your continued use of the App after we notify or post changes to the policy is deemed to be an agreement to and acceptance of those revised policies, so be sure to check this policy periodically for updates. The date the policy was last revised is identified at the top of the page.

Contact Information

Except as otherwise set forth above, to make any request permitted by this policy, ask questions, or comment about this policy, contact WorkLLama by mail at 3655 North Point Pkwy, Alpharetta, Georgia, 30005-2027, by email at contact@workllama.com, or by phone at (770) 691-5853.