Current as of

February 22, 2024

Privacy Policy

Airwrk is committed to protecting the personal information of its users – buyers, sellers and other visitors browsing the Site (“users”) as well as affiliates, influencers and other collaborators interacting with Airwrk. We believe that you have a right to know our practices regarding the information we collect when you visit and/or use the Site. This Policy explains our privacy practices for the Site and services provided by Airwrk as well as privacy practices that apply to affiliates, influencers and other collaborators who are individuals. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a Airwrk account and/or registering to our affiliate or influencer or similar program, you acknowledge that you understand how we process your personal data in accordance with this Policy, including our collection, use, disclosure, processing and retention of personal information. You can also learn how to limit sharing of information in this Policy.

Scope

This Privacy Policy sets out how Airwrk collects, retains, and uses information, including personal data (“Personal Data”) and non-identifiable data, about Service users. This Privacy Policy also covers data that Airwrk collects in-person, for instance at business conferences and trade shows, or through client support.

When you interact with us through the Service, we may collect Personal Data and other information from you, as further described below.

Information We Collect

Information You Provide

When you register to the Site, use it, complete forms, participate in skills tests or surveys, or use the Site as collaborator, and/or register to our affiliate or influencer or similar program, we ask you to provide certain personal information, including a valid email address, Facebook or Google account login details and username. We will also ask you to provide or otherwise collect additional information, such as, your profile details, physical address or billing information, telephone number or other contact details, transactional information, payment information (for example, in certain cases we process your payment method and credit card number), taxpayer information and forms, details about other social networks linked accounts, details about your listed gigs, purchases, education, profession and expertise, and additional authentication information (such as copies of your government issued ID, passport, or driving license, as permitted by applicable laws and as detailed in our Seller Help Center at “Verifying Your Identity”). We also collect information about or contained in your communications with Airwrk as well as any of your posts on our blogs or forums and your communication with other users of Airwrk.

Information We Collect Automatically

We collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we collect personal information on your usage of the Site, including transactions and communications with other users through the Site, your searches, the pages you visited, as well as other actions on Site. We also collect, use and process the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and the URLs of the web pages you’ve viewed or engaged with before or after using the Site. We also collect and process information relating to the use of cookies and similar technologies, as detailed below. We use that information to provide you our services, enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour.

Additionally, in order to improve your online experience at Airwrk, we have implemented impression reporting. While you view our ads, we gather user Global Unique Identifier, HTTP request data like, user agent, IP, host, URL, country/continent from which request made, browser info, device/operating system/operating system version.

Information We Receive from Third Parties

We receive information from third party vendors and/or other commercially available sources, such as:

  • Third party vendors who provide us data to supplement the information we collect about you, in accordance with applicable laws. For example, we receive fraud warnings from service providers for our fraud prevention and risk assessment efforts. We also receive information from enrichment service providers to enhance and personalize your experience as well as from advertising and marketing partners in order to manage and measure our campaigns.

  • If you link, connect, or login to your Airwrk Account with a third-party service (e.g. Google, Facebook, LinkedIn), we receive certain information, such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

  • We also receive certain information about you, if you are invited to Airwrk by another user (for example, as part of our collaboration tools and referral program), in such case we will receive limited information, such as your email address or other contact information, and we will use it for the same purpose it was provided and in accordance with the terms of this Privacy Policy.

We combine your personal information with information we collect automatically or obtain from other companies and use it for the purposes detailed in this Policy.

Our Legal Basis for Using Your Personal Information

Where relevant under applicable laws, all processing of your personal information will be justified by a “lawful ground” for processing. In the majority of cases, processing will be justified on the basis that:

  • you have provided your consent for us to use your personal information for a specific purpose;

  • our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);

  • the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or

  • the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.

How Do We Use The Information Collected?

We will use your personal information for the following purposes:

  • to provide you with quality service and security, to operate the Site, to perform our obligations to you and to develop and improve our service. For example, we use personal information to verify your identity. We also use this information to establish and set up your account, verify or re-issue a password, log your activity, enable your communications with other members, provide customer support and contact you from time to time. The information helps us to develop and improve our services, to understand and analyse our performance as well as your preferences and performance and to customize and personalize our service and enhance your experience (including by making Gig suggestions, ranking search results, etc.).

  • to ensure marketplace integrity, prevent fraud and maintain a safe and secure marketplace and services. For example, we use personal information to monitor, track and prevent fraudulent activities and other inappropriate activities, monitor content integrity, conduct security investigations and risk assessments, verify or authenticate information provided by you, enforce our Terms of Service and comply with applicable laws. We conduct certain behavioural analytics to achieve the above objectives and in limited cases, if we detect activity that we think poses a risk to the Airwrk marketplace, other users, our community, or third parties, automated processes may restrict or limit your ability to use Airwrk. If you would like to challenge any such decision, please contact us at MAIL.

  • to contact you, as requested by you or as otherwise approved by you or permitted according to this Policy.

  • to promote and advertise the Site, our services and the Airwrk marketplace. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to organize and facilitate referral programs, contests or other promotional activities or events.

  • to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.

We will ask for your consent before using information for a purpose other than those set out in this Policy.

Direct marketing:

  • We use your personal information to send you direct marketing communications about our products, services or promotions from Airwrk that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.

  • Our processing of your personal information for marketing purposes is based on our legitimate interest, or on your consent, or as otherwise permitted according to applicable laws. You have a right to prevent direct marketing of any form at any time – this can be exercised by following the opt-out link attached to each communication or by sending an email to MAIL.

  • We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

How Long Do We Keep Personal Information?

We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances, we will retain your personal information for longer periods of time. We will retain personal information for the following purposes:

  • as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and

  • in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.

Non-Identifiable or Aggregated Data

When you interact with Airwrk through the Service, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Airwrk may store such information itself or such information may be included in databases owned and maintained by Airwrk affiliates, agents or service providers. This Service may use such information and pool it with other information to track, for example, the total number of users of our Service, the number of hours worked using our Service, the location of our users, and how our users use and interact with the Service. Also, in an ongoing effort to better understand and serve the users of the Service, Airwrk often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Airwrk may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Airwrk may also disclose aggregated user statistics in order to describe our Service to current and prospective business partners, and to other third parties for other lawful purposes.

Children

This Site is offered and available to users who are at least 18 years of age or older and of legal age to form a binding contract. Minors under 18 and at least 13 years of age, are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. Minors under 13 are not permitted to use the Site or the Airwrk services. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children’s activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe we might have any information from or about a child under 13, please contact us at MAIL.

Sharing Personal Information with Third Parties

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

We share your personal information with third parties as detailed below:

  • With other users and Site visitors. Once you register, your username, country, and additional information regarding your activity is made public and is visible to all users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile. We also offer you the opportunity to participate and post content publicly in forums, blogs and on other similar features. Please be aware that certain information, such as your user name and profile, together with the content uploaded by you, will be publicly displayed when you use such features. Your information will also be shared with other users when you message or otherwise communicate with such users. When you publish your information and/or share your data with other Airwrk users, you do so at your own risk. If you choose to share personal information with other users, including Sellers providing you a service via Airwrk, such personal information is shared with other users as separate controllers. While Airwrk our Terms of Service require Sellers to keep the information shared with them confidential, Airwrk cannot ensure that all users will do so and it is your responsibility to ensure that other users will comply with your standards.

  • With Service Providers. We share personal information for business purposes with service providers that provide us with services for the purpose of operating the Site, opening and operating your account as well as providing ancillary services and solutions. These include, among others, hosting services, billing and payment processors and vendors, CRM systems, forum hosting, community management services, data and cybersecurity services, web analytics and performance tools, translation tools, IT SaaS services, session recording, communication systems, mailing systems, data optimization and marketing services, data enrichment services, legal and financial advisors or technical consultants. Consistent with applicable legal requirements, we take appropriate technical and organizational measures to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;

  • For legal reasons. We share personal information with law enforcement agencies, public authorities or other parties in order to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Airwrk, our customers, or the public;

  • For payments and fraud detection. We share personal information with payment processors, fraud detection agencies and similar third parties for the purpose of facilitating payments done via the Site and securing the Site and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;

  • With social media partners. Our Site includes certain social media features, including single sign on features. We also share limited personal information with such social media platforms and marketing partners, such as Facebook and Google, to promote our services or the Airwrk marketplace. Such features and third party services collect certain information about you and may set a cookie to enable their functionality. Such third parties’ features are governed by their policies.

  • With users with whom you transact. We share personal information to help facilitate interactions between users. For example, if you are a Buyer we may share certain limited information about you (such as the fact it is your first purchase on Airwrk) with the Seller to ensure the services you receive from the Seller will fit your needs; such sharing of information is limited in scope, and is only intended to improve the services provided by the Seller and your user experience;

  • With our corporate affiliates. We share personal information with Airwrk’s corporate affiliates that are related by common control for the purpose of operating the Site, providing our services to you and for other purposes listed herein; and

  • In the context of a corporate transaction. Personal information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Airwrk’s assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.

This Site is also protected by reCAPTCHA and theGoogle Privacy Policy andTerms of Service apply with respect to data collected by reCAPTCHA. The use of Google reCAPTCHA is required in order to prevent fraud and misuse of the Site by use of automated machines. To learn more, please seeGoogle’s privacy policy.

Cookies

We use cookies and similar technologies (such as web beacons, pixels, tags, and scripts) to improve and personalize your experience, provide our services, analyze website performance and for marketing purposes. To learn more about how we and our third party service providers use cookies and your control over these Cookies, please see our Cookie Policy.

Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not honor browser requests not to be tracked online (known as “Do Not Track”), but ourCookie Policy describes how you can opt out of receiving cookies.

External Links

Please note that the Site contains links to third party sites and if you navigate to a third party site from the Site, any data you provide to that site and any use of that data by the third party are not under the control of Airwrk and are not subject to this Policy. You should consult the privacy policies of each site you visit. This Policy applies solely to personal information collected by our Site. If you upload content, including personal information, to a social network and then tag the Site, your submission will be subject to that social network’s terms of use and privacy policy, even where you post on an official Airwrk page on the social network. We do not have control over these terms of use and privacy policies and have not reviewed their adequacy. You should therefore review these before submitting any personal information.

Security

We implement technical and organizational measures to maintain the security of the Site, our services and personal information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. Among other things, we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification (with respect to payment by credit cards), as required. In addition, we contractually ensure that any third party processing your personal information equally provides for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access. Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party. Further information about our data security practices can be provided on request.

Updating Personal Information

We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact Airwrk’s Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.

You can review and change your personal information by logging into the Site and visiting your account profile page.

If you delete your User Generated Content (“UGC ”), as defined in theAirwrk Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by ourTerms of Service.

Changes to Airwrk’s Privacy Policy

The Site and our business may change from time to time. As a result, at times it may be necessary for Airwrk to make changes to this Privacy Policy. Airwrk reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contact Us

To exercise any of your rights in connection with your personal information, we kindly ask that you open aCustomer Relations ticket. Please include all the relevant details, so your ticket can be handled correctly. We will process any requests in line with any local laws and our policies and procedures. You may also contact us at MAIL.

If you have any questions (or comments) concerning this Policy, please email our team at MAIL, and we will make an effort to reply within a reasonable timeframe. For Airwrk Workspace users, please contact us at MAIL

GDPR PRIVACY

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

  • Consent: You have given your consent for processing personal data for one or more specific purposes.

  • Performance of a contract: Provision of personal data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.

  • Legal obligations: Processing personal data is necessary for compliance with a legal obligation to which the company is subject.

  • Vital interests: Processing personal data is necessary in order to protect your vital interests or of another natural person.

  • Public interests: Processing personal data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the company.

  • Legitimate interests: Processing personal data is necessary for the purposes of the legitimate interests pursued by the company.

In any case, the company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of your personal data and to guarantee you can exercise your rights.

You have the right under this privacy policy, and by law if you are within the EU, to:

  • Request access to your personal data: The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the personal data we hold about you.

  • Request correction of the personal data that we hold about you: You have the right to to have any incomplete or inaccurate information we hold about you corrected.

  • Object to processing of your Personal Data: This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your personal data on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.

  • Request erasure of your personal data: You have the right to ask us to delete or remove personal data when there is no good reason for us to continue processing it.

  • Request the transfer of your personal data: We will provide to you, or to a third-party you have chosen, Your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  • Withdraw your consent: You have the right to withdraw your consent on using your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the service.

Exercising of Your GDPR Data Protection Rights

You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible. 

You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

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