Last Updated: June 2022

This Privacy Policy relates to information collected through your use of the mobile software applications (the “Applications”), online platforms and websites (the “Sites”) and related content (collectively, the “Solutions”) made available to you by IntelyCare, Inc. or its subsidiaries, affiliates and licensors (collectively, “IntelyCare” “we” or “us” or “our”). This Privacy Policy is incorporated into, a part of, and governed by the IntelyCare Terms of Use, and, as applicable, the IntelyCare Terms of Service (together, the “Terms”). As used herein, “you” and “your” means a user of the Solutions, whether through the Applications or the Sites, including but not limited to IntelyPros and Clients (as each such term is defined in the Terms).

You should carefully read this Privacy Policy. By using the Solutions, including without limitation the collection, processing, use, and disclosure of your information as described in this Privacy Policy, you acknowledge this Privacy Policy. If you do not agree with this Privacy Policy, you may not use the Solutions.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

This Privacy Policy serves to notify you of the following:

1……… WHAT INFORMATION DO WE COLLECT ABOUT YOU?

2……… DOES INTELYCARE COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

3……… WHAT DOES INTELYCARE DO WITH THE INFORMATION IT COLLECTS?

4……… WHEN DOES INTELYCARE DISCLOSE INFORMATION TO THIRD PARTIES?

5……… DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?

6……… IS THE INFORMATION COLLECTED THROUGH THE SOLUTIONS SECURE?

7……… COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?

8……… WHAT ARE MY CHOICES TO OPT-OUT OF COMMUNICATIONS?

9……… CAN I UPDATE OR CORRECT MY PERSONAL INFORMATION?

10…….. HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

11…….. WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

1.         WHAT INFORMATION DO WE COLLECT ABOUT YOU?

Information We Collect From and About You

We collect certain information that you submit to us, including:

  • Profile information that you provide when you establish an account, which may include your name, postal address, e-mail address, birth date, telephone number and billing information.
    • If you are an IntelyPro, you may also provide, in connection with your registration for or use of the Service, your nursing license, photo identification, Social Security number, driver’s license, CPR card and employment eligibility documents.
  • Personal information you provide when interacting with the Solutions or otherwise sending us an e-mail or text with questions or comments.
  • Geolocation information, specifically your precise location, which is collected by your device’s GPS feature, from the mobile devices on which you have installed the Application.

If you are an IntelyPro, we also collect certain personal information that you authorize us to collect about you from third parties, including from third parties providing payment authorization and fraud screening services and background checks as part of your registration for or use of the Solutions.

Information We Collect Automatically

·       Cookies and Action Tags

We may collect certain information about your passively using “cookies” and “action tags.”

“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on the Solutions and the Sites. Cookies can be used to personalize your experience on the Solutions (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Solutions (such as saving time by not having to reenter your name each time you use the Solutions), to allow us to statistically monitor how you are using the Solutions to help us improve our offerings, or to determine the popularity of certain content.

Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. However, if you reject cookies, certain features or resources of the Solutions may not work properly or at all and you may experience some loss of convenience.

For the avoidance of doubt, the Solutions use third-party service platforms (including to help analyze how users use the Solutions and to deliver advertising services). These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable “third party” cookies, you may be able to turn them off by going to the third party’s website.

Here is a link to the main third-party platform we use:

https://www.google.com/policies/privacy/.

“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Solutions, including advertisements, or e-mail sent on our behalf, may contain action tags.

By using cookies and action tags together, we are able to gain valuable information to improve the Solutions and measure the effectiveness of our advertising and marketing campaigns.

Finally, you should be aware that advertisers and other third parties may use their own cookies or action tags when you click on their advertisement or a link to their websites or services on or from the Solutions. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services or providers of third-party advertising.

·       Log Files

We also collect certain information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Solutions. This information may be used to analyze trends, to administer the Solutions, to monitor the use of the Solutions, and to gather general demographic information. We may link this information to personal information for these and other purposes such as personalizing your experience on the Solutions and evaluating the Solutions in general.

2.         DOES INTELYCARE COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. The Solutions is not designed for or directed to children under the age of 13. We do not collect personal information from any person we actually know is under the age of 13. In fact, as currently operated, persons under the age of 18 may not use the Solutions. By providing information to IntelyCare, you represent that you are 18 years of age or older.

3.         WHAT DOES INTELYCARE DO WITH THE INFORMATION IT COLLECTS?

We may use information about you for various purposes, including:

  • to provide, maintain and improve the Solutions, including to determine IntelyPros’ qualifications and to otherwise make hiring decisions, to determine IntelyPros’ locations to ensure that they arrive to their shifts at Clients on time and stay for the entire time reported, and to process payroll;
  • to help us understand who uses the Solutions and monitor usage of the Solutions;
  • for internal operations such as operating and improving the Solutions,
  • for training our artificial intelligence and machine learning algorithms;
  • for customer service and billing purposes;
  • to notify you about changes to the Solutions;
  • to contact you in connection with the Solutions and permit third parties to contact you in connection with the Solutions, including to send you a welcoming e-mail or text to confirm your contact details;
  • to send you emails or texts about the Solutions, such as: (i) to encourage you to complete your application or to encourage certain shift behaviors; (ii) about products, services, information and news that may be of interest to you; and (iii) to provide announcements and updates about the Solutions or relating specifically to your use of the Solutions. If you want to continue using the Solutions, you will not be able to unsubscribe from certain Solutions announcements and updates as they contain important information relevant to your use of the Solutions, but we will otherwise provide you with the option to unsubscribe from other communications.
  • to respond to your questions or comments you send via text or e-mail, and we may file your questions or comments (with your information) for future reference.
  • to comply with legal and/or regulatory requirements and cooperate with regulators and law enforcement bodies;
  • to protect our rights, your rights and the rights of others;
  • to perform statistical analysis of user behavior or to evaluate and improve the Solutions. We may link some of this information to personal information for internal purposes or to improve your experience with the Solutions; and
  • to otherwise create anonymized and aggregated data sets that may be used for a variety of functions, including internal analysis, analytics, and other functions.

4.         WHEN DOES INTELYCARE DISCLOSE INFORMATION TO THIRD PARTIES?

We share certain information about you in the following circumstances:

·       To Connect IntelyPros and Clients

The Staffing Solutions (as defined in the Terms) require the disclosure of IntelyPros’ information to Clients, and the disclosure of Clients’ information to IntelyPros. The information of IntelyPros shared with Clients may include a variety of personal information (some of which may be sensitive) and non-personally identifiable information, including without limitation, name, phone number, zip code, government issued id, photo, nursing license, CPR card, proof of dementia training, health information, and background screening results.

·       Laws and Legal Rights

We may disclose your information if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personal information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms, to detect fraud, for assistance with a delinquent account, or to protect the safety or security of our users, the Solutions or the general public.

·       Third Parties Generally

We may provide to third parties certain aggregated or anonymized data, including where such information is combined with similar information of other users of the Solutions. For example, we might inform third parties regarding the number of unique users who use the Solutions, the demographic breakdown of our users of the Solutions, or the products or services purchased using the Solutions and the vendors of such products and services.

If you opt in, we may also provide to third parties personal information about you. In addition to the above, when users use our Solutions, third parties (including third-party advertisers, analytics providers, and commercial partners) may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites. The third parties to whom we may provide or who may independently directly collect personally identifiable and non-personally identifiable information may include potential or actual advertisers, providers of advertising and analytics products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties.

Please note in particular that the Solutions use Google Analytics, including its data reporting features, and Google AdWords, including for remarketing to users. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners’ sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on Google Analytics’ and Google AdWords’ currently available opt-out options, we encourage you to visit Google’s website.

·       Text or SMS Notifications

If you sign up with IntelyCare for potential work as an IntelyPro, you may receive SMS notifications from us about potential shifts (“Shift Notifications”). Shift Notifications will be sent to remind you of upcoming shifts and include messages like the following: “Shift Reminder: You are scheduled to work tomorrow at 03:00PM at Puget Sound Nursing Home facility in Quincy. Thanks for being an IntelyPro.”

You may also opt in to receiving certain SMS notifications if you are a Client (together with the Shift Notifications, the “SMS Notifications”).

You can cancel the SMS Notifications service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us, but you will still be registered with us and we will attempt to contact you by other means for SMS Notifications.

If you are experiencing issues with the SMS Notifications, you can reply with the keyword HELP for more assistance, or you can get help directly at careteam@intelycare.com or 1-84-INTELYCARE.

Carriers are not liable for delayed or undelivered messages or SMS Notifications. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive Shift Notifications for each shift you are scheduled to work. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

·       Third Party Service Providers

We may employ independent contractors, vendors and suppliers (collectively, “Service Providers”) to provide specific services and products related to the Solutions, such as hosting and maintaining the Solutions, providing credit card processing and fraud screening, background screening, payroll processing, scheduling services, and developing applications for the Solutions. In the course of providing products or services to us, these Service Providers may have access to information collected through the Solutions, including your personally identifiable information.

·       Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of IntelyCare or any of its Corporate Affiliates (as defined below), or that portion of IntelyCare or any of its Corporate Affiliates to which the Solutions relate, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

·       Affiliates

We may disclose information about you to our Corporate Affiliates. For purposes of this Privacy Policy: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with IntelyCare, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

5.         DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?

The Solutions may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Solutions. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Solutions.

6.         IS THE INFORMATION COLLECTED THROUGH THE SOLUTIONS SECURE?

We have implemented safeguards designed to help secure your personal information. Despite these protections, however, we cannot guarantee that your information will never be compromised. You should take measures to protect your personal information. You should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.

7.         COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?

Personal information collected on the Solutions may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Solutions may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Solutions and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. If you are a user accessing the Solutions from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Solutions are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.

8.         WHAT ARE MY CHOICES TO OPT-OUT OF COMMUNICATIONS?

If you do not want to receive marketing-related emails or other types of messages from us on a going-forward basis, you may opt-out by following the instructions in the relevant electronic communication or by contacting privacy@IntelyCare.com. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative and Solutions or transaction-related messages, which you cannot opt-out of.

·       Do Not Track

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.

·       California Residents (California Consumer Privacy Act [CCPA])

If you are a California resident, we process your personal information in accordance with the California Consumer Privacy Act (CCPA). See the “Addendum for California Residents,” below, for more information.

9.         CAN I UPDATE OR CORRECT MY PERSONAL INFORMATION?

You have the right to request the restriction of certain uses and disclosures of personal information as follows. You can contact us in order to (1) update or correct your personal information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personal information maintained about you on our systems (subject to the following paragraph), by contacting privacy@IntelyCare.com or following other directions we may provide. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, deidentify or delete, as appropriate, all personal information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

10.     HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

We may revise this Privacy Policy from time to time. The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised.  Any changes will become effective when we post the revised Privacy Policy.  Use of the Solutions following these changes, or your continued provision of personal information to us, signifies acceptance of the revised Privacy Policy.

11.     WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:

By e-mail:

privacy@IntelyCare.com

By postal mail or courier:

Attn: Privacy Agent
IntelyCare, Inc.
1250 Hancock Street
Quincy, MA 02169

BY USING THE SOLUTIONS, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SOLUTIONS. CONTINUED USE OF THE SOLUTIONS, FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY THAT DO NOT SIGNIFICANTLY AFFECT THE USE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION, MEANS THAT YOU ACCEPT THOSE CHANGES.

[END OF PRIVACY POLICY TERMS – SEE ADDENDUM BELOW]

ADDENDUM FOR CALIFORNIA RESIDENTS

The California Consumer Privacy Act (“CCPA”) regulates how covered businesses handle “personal information” (as such term is defined in the CCPA) of California residents and gives California residents certain rights with respect to their personal information. If you are a resident of California, we are required to inform you of how we use and disclose your personal information and certain rights you may have under the CCPA.

1.         Collection and Disclosure of Personal Information

In the chart below, we have described the categories of personal information that we have collected and shared over the past 12 months, the purposes for such collection, and the types of entities with whom we have shared such information:

Categories of InformationSources of InformationPurpose  Disclosure
Identifiers, including names, email addresses, and IP addresses.   This information may also constitute personal information as defined by Cal. Civ. Code 1798.80.We collect this information directly from you when you visit our Sites, including if you register to receive information about the Solutions.We use this information to provide the Solutions, to help us understand who uses the Solutions; for internal operations such as operating and improving the Solutions; to contact you; ensure the safety and security of our Sites; and to comply with laws and to enforce our Privacy Policy. For more information, see the section of our privacy policy entitled “What Does IntelyCare Do With The Information It Collects?”    We share this information with certain professional service providers, vendors, and professional advisors who help us use the information, and for certain other reasons described in the section entitled “When Does IntelyCare Disclose Information to Third Parties.”
Internet or other electronic network activity information including IP addresses and information regarding browsers and interaction with our Sites.  We collect this information directly from you.We use this information to provide the Solutions, to help us understand who uses the Solutions; for internal operations such as operating and improving the Solutions; to contact you; ensure the safety and security of our Sites; and to comply with laws and to enforce our Privacy Policy. For more information, see the section of our privacy policy entitled “What Does IntelyCare Do With The Information It Collects?”  We share this information with certain professional service providers, vendors, and professional advisors who help us use the information, and for certain other reasons described in the section entitled “When Does IntelyCare Disclose Information to Third Parties.”
Geolocation data.We collect this information from your device.We use this information to provide features of the Solutions and to improve and customize the solutions.We work with service providers who collect this information on our behalf to help us provide, maintain, and improve our Solutions and to personalize your online experience.
Professional and employment related information, such as your employer name, job title, and job description, full name.We collect this information directly from you.We collect such information if you apply for a job via our careers page and use it in connection with processing your application or if you register to receive information about the Solutions.  We share this information with certain professional service providers, vendors, and professional advisors who help us use the information, and for certain other reasons described in the section entitled “When Does IntelyCare Disclose Information to Third Parties.”
Educational information, such as the information included in your resume.We collect this information directly from you.We collect such information if you apply for a job via our careers page and use it in connection with processing your application.N/A.

The Company does not, and during the past 12 months did not, “sell” personal information of California residents (as such term is defined in the CCPA).

2.         Rights under the CCPA 

If you are a California Consumer, as defined under the CCPA, the processing of certain personal information about you may be subject to the CCPA. Where the CCPA applies, this section provides additional privacy disclosures and informs you of key additional rights as a California resident. We will never discriminate against you for exercising your rights, including providing a different level or quality of services or deny goods or services to you when you exercise your rights under the CCPA.

2.1               Right to Know Request

Under the CCPA, California residents have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you free of charge with the following information:

  1. the categories of personal information about you that we collected;
  2. the categories of sources from which the personal information was collected;
  3. the purpose for collecting personal information about you;
  4. the categories of third parties to whom we disclosed personal information about you and the categories of personal information that was disclosed (if applicable) and the purpose for disclosing the personal information about you; and
  5. the specific pieces of personal information we collected about you.

2.2               Right to Delete Request

Under the CCPA, you also have a right to request that we delete personal information, subject to certain exceptions.

3.         How to Exercise Your Rights under CCPA

If you are a California Consumer to whom the CCPA applies, you may contact us to exercise your rights by calling us, toll free, at 1-84-INTELYCARE or by emailing us at privacy@intelycare.com.

Once we receive your request, we will review it, determine whether we can verify your identity, and process the request accordingly. We may need to collect information from you to verify your identity, such as your email address, government issued ID or date of birth.

You may make a verifiable consumer request to access your personal information twice per 12-month period. We aim to fulfill all verified requests within 45 days pursuant to the CCPA. If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay.

You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof that you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

[END OF CALIFORNIA RESIDENT ADDENDUM]