As a company involved in human capital management, Timespan, Inc. d/b/a Time Clock Go (“TCG”, “us”, “we”, “our”) stores and processes a great deal of personal data on behalf of our users. We understand that the privacy of our user’s information is important. TCG is committed to privacy, protecting such personal data, and being transparent about how we use, share, and protect such information. To further this commitment, TCG developed this privacy policy (“Privacy Policy”) to allow our users to better understand the types of information we collect, why we collect it, how we will use it, and the various options customers have to manage the privacy of their information.

Scope of the Privacy Policy.

The Privacy Policy describes TCG’s privacy practices for the collection, use, and disclosure of the personal information that we collect in our usual course of business, including through our services, sites, products, mobile applications, desktop applications, and software (collectively, “Services”), and other initiatives such as marketing and product trainings.

In addition to the Privacy Policy, we may provide additional “just-in-time” disclosures or additional information about the data collection, use, and sharing privacies of those specific Services. These notices may supplement or clarify our privacy practices or may provide customers and other users with additional choices about how we will process their personal information.

The Privacy Policy applies to those that visit our website and purchase and/or use our Services (as hereinafter defined). The Privacy Policy does not apply to other companies and individuals, including products or sites that may be displayed or linked to on our website or Services. Additionally, enterprise customers may have separate internal policies and procedures; TCG is not responsible for such policies and procedures.

Responsible Entity.

Unless otherwise provided in the Privacy Policy, TCG is the controller of data and information as herein described.

1. INFORMATION COLLECTED BY TCG.

The information we receive depends on the context of how a user interacts with us, how their account is configured, and choices that users make, including privacy settings. Such information includes, but is not limited to, identification information, employment related information, education information, financial information, commercial information, and information regarding internet activity, preferences, and behaviors. Most personal identification information and other data we collect comes directly from our users (and enterprise customers, as applicable). This occurs when users and administrators interact with our Services, such as registering on our website, making purchases, and agreeing to receive marketing information. Also, when a user interacts with our Services, including using our website or our app, we use Cookies (as defined below) to collect information about them and their systems and use of our Services. Additionally, the information provided to us or obtained from Cookies is combined with other information that may come from third parties. Below we will describe a high-level view of the various sources of personal data that we receive.

Information Enterprise Users Provide Us.

• Account Information . When anyone creates an account with TCG or downloads certain content, we are provided with and collect information that allows us to set up or open the account. This information may include names, addresses (physical and electronic), ages, pictures, phone numbers, IDs, passwords, password hints and billing information.
• Identification Information . TCG also collects information to verify its user’s identity, including name, social security number, and driver’s license number.
• Services Information . When a user accesses or uses TCG’s Services, we receive information. This information may include invoices, statements, business data and financial information, as well as information regarding user’s preferences. We may also collect additional information if a user syncs its account with a third-party account or financial institution, such as financial account data. Additional information regarding syncing, linking, and connecting accounts is provided in our Master Service Agreement and any applicable Order Form(s).
• Information Stored with TCG . TCG offers its users the option to store data with TCG. Such data may include pictures, documents, and other files.
• Support, Feedback, and Requests . When a user reaches out to TCG for support, gives feedback, participates in surveys, uses beta services, requests additional information, or participates in trainings, we may also collect information.

Information We Obtain From Users’ Access and Use.

When users access or use our Services, including accessing or using our website or app, and communicate with TCG, we may automatically collect certain information about them and how they use the Services. Such information may include:

• Content Collection . TCG may collect content that users provide through the Services, such as personal information including names, usernames, mailing addresses, telephone numbers, email addresses, and account information; information about their business including affiliations (e.g. working relationships) and job titles; content provided to customer support; and other feedback customers provide regarding the Services.
• Usage Information . TCG may collect usage information from users including information regarding pages they have viewed, the features used, browser types, time spent on web pages, what data and files have been downloaded, and any links clicked on to leave or interact with our Services.
• Information Regarding Devices . TCG may collect device information such as Media Access Control (MAC) address, Internet Protocol (“IP”) address, operating system name and version, browser type, log information, error messages, device type, network type, and unique device identifiers.
• Location Information . Certain Service features may collect users’ precise location data, device motion data, or both, if a user grants permission to do so in their device settings.
• Camera and Contacts . Certain Service features may have access to users’ camera and contacts, if a user grants permission to do so in their device settings.
• Phone Calls . Anyone who communicates with TCG by phone may be monitored and/or the call may be recorded.
• Telephony log information . If a user accesses certain features on a mobile device, TCG may collect telephony log information (e.g. phone numbers, time and dates of calls, duration of calls, and types of calls), device event information (e.g. crashes, hardware settings, and system activity), and location information (e.g. IP addresses and GPS).
• Local Storage . TCG may collect and store information (including personal information) locally on user’s devices.
• Cookies . TCG and our service providers may use commonly-used tools such as cookies, web beacons, server logs, pixel tags, browser analysis tools, local shared objects, and similar technologies (collectively, “Cookies”) to provide the Services requested, recognize visitors, track interactions with our Services, and improve user’s experience. By way of example, when a user visits our website, we place Cookies on their computer which allow us to recognize them upon their return. This permits TCG to provide a more customized experience as well as enables us to detect certain types of fraud. By way of a separate example, pixel tags and web beacons are small graphic images contained on web pages and in emails that allow TCG to determine whether a person has performed a specific action. For instance, when a person accesses a page or clicks on an email, the pixel tag or web beacon generates a notice. This allows TCG to measure responses and improve our Services and business operations. In general, Cookies provide TCG with a broad range of information including information regarding our user’s devices, operating systems, browser type, domain, system setting, system language uses, time zone/physical location, IP address, websites visited prior to coming to our website and websites visited after leaving our website. Users have some control over the data we collect from Cookies and how we use it. For more information about cookies see http://www.allaboutcookies.org .

Information From Third Parties.

TCG may also receive information about our enterprise customers and users from third parties where permitted by applicable law. Such third parties may include:

• Parties with whom an enterprise customer or user has an account or receives a service when they choose to sync that third-party account/service with their TCG account or integrate their data from that third party into the Service we provide.
• Parties who help TCG to supplement the information enterprise customers and users have provided and to ensure the accuracy of such information.
• Parties who provide TCG with information about customers or customers’ interaction with our Services.
• Parties who provide us with support services.
• Parties that provide us with risk management, cybersecurity, and anti-fraud services.
• Joint offering partners.
• Publicly available sources, such as government databases, and government agencies.
• Other users, administrators, and enterprise customers, as described below in “Organizational Information”.

To the extent permitted by law, such information from third parties may be combined with information provided by or obtained directly from enterprise customers and users.

Enterprise Customers and their Work Force; Notice to End Users.

Our services are generally intended for use by enterprise customers and their work force. Accordingly, many of our Services allow individuals and organizations to interact, such as employers and their work force. If a user grants access to an organization or an organization creates an account for a user, the owner of the organization and/or one or more designated administrators may view, control, and administer details of the user’s account. By way of example, the administrator may be able to determine the user’s access rights, make decisions regarding personal information, and require certain actions to be taken (e.g. using location tracking). Additionally, such user’s use and access to the account may be subject to additional internal policies and procedures as determined by the organization. TCG is not responsible for such policies and procedures. If you are an employee, contractor, or other worker of an enterprise customer, TCG will obtain, process, retain, and use your data in accordance with the instructions we receive from our enterprise customer (your employer). Accordingly, TCG may disclose personal information to your employer and to other entities when instructed to do so by your employer. Additionally, we may disclose your personal information to our affiliates and third-party processors as needed to provide the Services that you and our enterprise customer have requested and as required by law, such as in response to a subpoena.

TCG also receives personal information from our enterprise customers regarding their current, prospective, and former employees, contractors, and other workers. Such information may include sensitive personal information such as social security numbers. Any administrator or organization that provides such information, such as personal identification information, regarding its work force represents that it has the authority to do so and if necessary, has obtained the necessary consents from such work force. Additionally, it is acknowledged that any information so provided is subject to the Privacy Policy. TCG has implemented reasonable technical, physical, and administrative safeguards to help protect such information from unlawful use and disclosure. TCG will only disclose sensitive personal data as stated herein.

Should a member of customer’s work force have any questions regarding their privacy rights, they should contact their employer’s human resource department. If a member of a customer’s work force has any questions regarding the Privacy Policy, they may contact us at privacy@timeclockgo.com.

Required Information.

Some of the functionalities in our Services may require certain information to be provided in order to use the Services. An enterprise customer or user may not be able to use certain features of the Services if they do not wish to provide such information.

2. HOW TCG USES INFORMATION.

TCG uses customer information in a variety of ways, each being part of TCG’s business purpose. Such uses include the following:

• To provide, initiate, improve, protect, develop, and deliver the Services, including to personalize experience, provide support, and to protect the security and safety of the Services, our enterprise customers, our users, TCG, the data that we maintain, and others, and to otherwise operate our business, including management, training, reporting, assessment, and analysis activities.
• To communicate with our customers, including to provide information regarding our Services or customer accounts and to offer products and services (including third-party products and services), and expand business relationships, including marketing services, investor communications, client communications (e.g. alerts, updates, trainings, and invitations), and surveys.
• To perform due diligence regarding an individual’s qualifications and eligibility, including verifying such person’s identity, qualification, authority (including authority to receive information, products, or Services), and creditworthiness and obtaining publicly available information from third parties.
• To analyze our customer’s information, using both manual and automated systems, to assess and improve our Services, perform quality control, personalize our customer’s experience, automate certain functions, aggregate and de-identify certain information, provide features, perform risk management, and to protect the safety and security of the Services, our customers, our users, TCG, and others.
• To send transactional communications, including requests for information, responses, orders, confirmations, training, and service updates.
• To manage accounts, perform accounting and finance tasks, perform risk mitigation services (including internal and external audits and investigations), perform compliance functions, and for dispute resolution purposes.
• To enforce, remedy, or apply our Master Service Agreement, applicable Order Forms, or other agreements.
• To license and protect intellectual property and other assets.
• To perform business structure activities, including mergers, acquisitions, and divestitures.
• To perform disaster recovery and business continuity services.
• To perform research.
• To determine customer’s eligibility for financial offers, products, and services.
• For legal, compliance, and insurance purposes.

Generally, TCG will only use enterprise customer’s and user’s collected personal information in the manner described in the Privacy Policy or for the purposes we designate at the time we collect such information. Notwithstanding the foregoing, to the extent permitted by law, TCG may use personal information for other purposes which are not incompatible with our business purposes and which are permitted by applicable law. To the extent required by law, TCG will provide enterprise customers and users with further information on any such additional use when it happens.

3. HOW TCG SHARES INFORMATION.

TCG may occasionally need to share our customer’s information, including personally identifiable information. However, TCG will only share such information as follows:

• With our enterprise customer’s and/or user’s consent (e.g. as part of a testimonial).
• To provide functions and the Services on our behalf and to otherwise operate our business.
• With third parties for research or academic purposes, but only combined, unidentifiable customer data which does not allow any customer or other person to be identified.
• For joint sales, promotions, and events.
• For legal reasons, such as if we reasonably believe disclosure is required or permitted by law, to enforce our Master Service Agreement, applicable Order Form(s), or other agreements (including debt collection), or to protect the rights, property, or safety of TCG, the Services, our customers, our users, or others.
• With our subsidiaries and affiliates.
• With our service providers who provide services on our behalf (e.g. IT services, hosting, credit card processing, research and analytics, marketing, and customer support).
• With other affiliated TCG customers (e.g. an employee’s account may be visible and subject to access, change, copy, or deletion by the company’s administrator).
• In the event that TCG is a party to a merger, acquisition, asset sale, financing, liquidation, or bankruptcy, TCG may share customer information before and after the transaction date.
• With professional advisors acting as our service providers (e.g. lawyers, bankers, auditors, and insurers).

Please note, TCG does not permit our third-party service providers to use the personal information we share with them for their marketing purposes or for any other purpose other than in connection with providing services to TCG.

Notwithstanding the foregoing, TCG has no duty to disclose such information and therefore shall not be liable to customers in connection with any nondisclosure.

4. PROCESSING CUSTOMER INFORMATION.

TCG’s legal basis for collecting and using the information described in the Privacy Policy depends on the type of information and the specific context in which we collect it. TCG will normally collect customer information from only where the customer has consented, where we need the information to perform a contract with the customer, or where the processing is in our legitimate interests and not overridden by customer’s data protection interests or fundamental rights and freedoms. Additionally, TCG may have a legal obligation to collect information from its customers. If a customer has any questions regarding the legal basis on which TCG collects and uses information, please contact us using the contact details provided below.

5. HOW CUSTOMERS CAN MANAGE THEIR PRIVACY.

Customers have choices when it comes to managing their privacy. Such rights include:

• Updating their privacy settings through our website or app by visiting their account settings.
• Updating their preferences, including opt-ins and opt-outs of marketing communications. To update preferences, enterprise customers and users can:

• • Email privacy@timeclockgo.com ;
  • Click “unsubscribed” at the bottom of any TCG email;
  • Send “STOP” in response to any text message; or
  • Ask to be added to our “Do-Not-Call” list.

Please note, if an individual is currently receiving Services and decides to opt-out of promotional emails, it will not impact messages TCG sends for purposes of delivering Services.

• In many cases, an enterprise customer or user can change browser settings to opt out of Cookies and other data collection technologies. Please note, disabling Cookies and opting out of data collection may cause partial or permanent interruption of the Services.

6. PERSONALLY IDENTIFIABLE INFORMATION.

Generally, information collected from Cookies is used in non-identifiable ways and without reference to any user’s personal data. By way of example, we may use such information to optimize our website and understand traffic patterns. In some instances, however, information collected from Cookies will be coupled with the user’s personal data. In those instances, the Privacy Policy applies to such associated information. In an effort to preserve our customer’s privacy, TCG agrees that it will treat any personally identifying information that customers submit through TCG’s site or app in accordance with the terms outlined in the Privacy Policy.

7. DATA ACCURACY AND RETENTION.

TCG will use reasonable measures to keep enterprise customer’s and user’s data accurate, complete, and up-to-date for purposes of providing the Services. However, in many cases TCG will rely on our users and enterprise customers and their work force, as applicable, to use their own ability to access and correct such data to ensure its accuracy.

TCG will retain customer information for so long as TCG deems necessary for purposes of maintaining accounts, providing the Services, and for our business purposes. Such time period may vary depending on the amount, nature, and sensitivity of the particular data. Generally, after an enterprise customer or user terminates their account or otherwise ceases to use the Services (including if we determine your account is inactive), then subject to any obligations pursuant to the Master Service Agreement or applicable Order Form(s), TCG will no longer retain enterprise customer’s or user’s information except as follows:

• To send marketing communications in accordance with such customer’s marketing preferences, as detailed above;
• For our legal or regulatory compliance; to exercise, establish or defend legal claims; and to protect against fraudulent or abusive activity on our service; and
• For general product improvement purposes in accordance with the Privacy Policy, provided that any data retained for this purpose will be used only for a limited period and handled securely and in confidence.

If TCG no longer needs an enterprise customer’s or user’s information for the above purposes, we will generally delete or de-identify it in accordance with our standard data retention practices. However, there may be occasions where we are unable to fully delete or de-identify information due to technical or other operational reasons. If this occurs, TCG will take reasonable measures to securely isolate such information from any further processing until such time as we are able to delete or de-identify it.

8. THIRD-PARTY SERVICES, LINKS, AND INTEGRATIONS.

Third-party products, services, and applications may use or integrate with TCG’s Services, or otherwise be offered through our Services (“Third-Party Services”). If an enterprise customer or user chooses to use any Third-Party Services or link or sync any of these Third-Party Services with their TCG account, such party is permitting TCG to provide their information and any information associated with their account to the third party. For purposes of clarification, enterprise customer’s or user’s interactions with Third-Party Services are governed by the privacy policy of the company providing such services.

Additionally, TCG may use advertising networks and other third parties to display advertisements within the Services or to manage our advertisements on other sites. Such third parties may place Cookies in the Services and unaffiliated websites, as well as on enterprise user’s or user’s devices in order to serve advertisements that may be relevant to our customers based on browsing activities and interests, and to determine the effectiveness of such advertisements. While the Privacy Policy does not apply to such third parties, we do expect our third-party advertising companies to use reasonable efforts to respect our customer’s choices regarding the use of Cookies. We encourage each user to familiarize themselves with the privacy statements provided by third parties prior to providing them with information or using their services.

If a person wishes to opt out of interest-based advertising, they may visit Digital Advertising Alliance’s Network Advertising Initiative’s website at https://www.networkadvertising.org/ . Please note, even if you opt out of Cookies or otherwise opt out of interest-based advertising, you will still receive advertisements, however they will not be tailored to your interests. Additionally, please note if you opt out and later delete your Cookies, use a different browser, or buy a new computer, you may need to renew you opt-out choices.

9. SECURITY.

TCG understands the importance of security of information and will provide commercially reasonable administrative, physical, technical, and organizational security controls and safeguards. Additionally, TCG will only authorize access to user and enterprise customer and their work force information, as applicable, to the extent necessary to serve its applicable business purposes, and TCG staff will access such information subject to confidentiality obligations. These are designed to prevent unauthorized use, access, processing, destruction, alteration, or disclosure of our customer’s information. However, even with our best efforts, TCG cannot ensure or warrant the security of any information. Accordingly, TCG shall not be liable for unauthorized disclosure of personal information due to no fault of TCG including, but not limited to, errors in transmission and unauthorized acts of third parties.

Additionally, there are steps that each enterprise customer and user should take to protect themselves and their organization. Such steps include:

· Choosing strong passwords, not sharing passwords, and periodically changing passwords.

· Logging out of Services when they are not in use.

· Not sharing devices that are used to access the Services.

· Request and use multi-step verification for logging into the Services.

· Using fingerprint or facial recognition if your device has such features.

· Reviewing TCG email reminders, such as log-in notices.

· Monitoring for fake emails (please note, TCG will never ask a user for a password in an unsolicited phone call or email and our emails will always come from an email address that ends with “timeclockgo.com”.

· Avoiding customer support scams (please note, TCG will not reach out to you to fix problems with your computer).

· Notify us immediately if information related to your payments (e.g. login information or credit cards) are lost or stolen.

· Only transmit data using our API Gateway, with encrypted email, or by an equally secure method.

TCG will investigate all known or suspected security breaches and shall document the facts relating thereto, their effects, and remedial actions taken. TCG will also notify a customer upon becoming aware of a material incident that has actually compromised the security, confidentiality, or integrity of their information as required by applicable law.

10. INTERNATIONAL DATA TRANSFERS.

At this time, TCG is headquartered in the United States of America and it does not transfer any customer information outside the United States of America.

11. HOW TO CONTACT US.

Please contact us if there are any questions or comments about the Privacy Policy or our practices, as follows:

• Email: privacy@timeclockgo.com
• Address: Timespan, Inc., Attention: Privacy, Two North Central, 18 ^th and 19^th Floor, Phoenix, AZ 85004

If you send a letter, please provide your name, address, email address, title (if you are contacting us on behalf of a business entity), and detailed information about your question or comment.

12. HOW TO MAKE A COMPLAINT.

If any enterprise customer or user believes its personal information has been provided to TCG improperly by a third party or TCG has not handled their information properly or has breached its privacy obligations, either under any agreement between TCG and such enterprise customer or user, the Privacy Policy or applicable law, such party can file a complaint in writing to the address listed above under “How to Contact Us” or via email to abuse@timeclockgo.com

TCG will use reasonable efforts to investigate each complaint and notify such enterprise customer or user within a reasonable timeframe of the outcome of such investigation.

13. CHANGES TO OUR PRIVACY POLICY.

TCG reserves the right to make changes or updates to the Privacy Policy at any time and from time to time. If material changes are made, we will provide you with notice via the Services or by other communication channels, such as by email, and by posting such new Privacy Policy on our website and making it available via our app. Please review any changes carefully.

14. COLLECTION AND USE OF CHILDRENS’ PERSONAL INFORMATION.

The Services are intended for and directed to persons eighteen (18) years of age or older, or nineteen (19) years of age or older for persons residing in Alabama or Nebraska, or twenty-one (21) years of age or older for persons residing in Mississippi. TCG does not knowingly collect personal information from minors.

15. ACCESSING AND CORRECTING INFORMATION.

TCG respects its enterprise customers’ and users’ rights to access, correct, and delete their information and update their information if it is incorrect. Parties with online accounts can log into their account to access, update, or delete the information provided to us to the extent permitted by law. Additionally, to the extent permitted by applicable law, parties may contact help@timeclockgo.com to request access to their data (and that of their work force, as permitted by law) and to exercise any other individual rights afforded to them by the Privacy Policy or applicable data protection laws. Notwithstanding the foregoing, TCG will also seek to protect other individuals’ rights as required by law.

16. PERSONAL RIGHTS WITH RESPECT TO DATA.

Some data protection laws, including those of specific states, provide individuals with certain rights in connection with their personal data. Such rights may generally include:

· The right to be informed with how your data will be used. The Privacy Policy provides such information.

· The right to access a copy of your data. Section 15 provides details regarding making such requests.

· The right to request changes to data if the information is incorrect. Section 15 provides details regarding making such requests.

· The right to have data deleted when it is no longer necessary for TCG to retain such data. Sections 5, 7, and 15 provide details regarding this process.

· The right to opt out of certain uses of your data at any time. Sections 5 and 8 provide details regarding this process.

· The right to have a portable copy of your data. Section 15 provides details regarding making such requests.

· The right to refuse to be subjected to automated decision making and insist on human intervention. The Privacy Policy provides multiple means for customers to communicate directly with TCG personnel, including those listed in Sections 11 and 12.

· The right to lodge a complaint with a supervisory authority. Section 12 provides details regarding making such a complaint.

Additionally, depending on the state in which you live, you may have certain state-specific legal rights with respect to your personal information and how it is collected and processed.

Nevada Privacy Rights.

TCG collects personal information from our enterprise customers and users in the course of providing requested Services. Unless otherwise stated, TCG does not sell any Covered Information, as defined under Nevada law (S.B. 220). If any enterprise customer or user of the Services would like to make further inquiry regarding the selling of their Covered Information as defined under Nevada law, please contact legal@timeclockgo.com.

California “Do Not Track” Disclosures.

While some internet browsers offer a “Do Not Track” option that lets you tell websites if you want to have your online activities tracked, TCG is not currently configured to monitor, recognize or respond to browsers’ “Do Not Track” signals at this time as no form “Do Not Track” standard has been adopted. Accordingly, TCG does not currently commit to monitoring, recognizing, or responding to browsers’ “Do Not Track” signals with respect to our website, but will continue to monitor developments around such technology and the implementation of such standards.