PRIVACY POLICY

Effective Date: October 22, 2021
Last Updated Date: September 22, 2021

Octopusapp, Inc. d/b/a Jobber (“Jobber”/“we”/“us”/“our”) owns and operates the website located at https://getjobber.com/ (“Website”), and any subdomains used in connection with or related to the same, and the Jobber mobile application (the “App”), as well as the e-commerce site located at https://store.getjobber.com/.  Jobber is committed to protecting your privacy. This Privacy Policy describes how we collect, store, use and distribute information about information about identifiable individuals and information which can be used to identify an individual (“Personal Information”) through the Website, App and Service (as defined in our Terms of Service). Our Service is provided to business customers who have registered for an account with us (“Account Owners”) and any information collected via the Website, App and Service from or about Account Owners’ employees, customers and contractors will be made available to the applicable Account Owner and will be used by such Account Owner according to their own privacy policy(ies).

A Note About Children.  You must be at least 18 years old to use the Website, App, and/or Service.  We do not intentionally gather Personal Information (defined in Collection of Information below) from visitors who are under the age of 13. If a child under 13 submits Personal Information to Jobber and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at [email protected].

A Note to Users Outside of the United States and Canada. If you are a non-U.S. or non-Canadian user of the Website, App, and/or Service, by visiting or using the Website, App, and/or Service and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States and Canada, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.  If you are in the EEA please see the GDPR Privacy Notice and if you are a California resident please see our CCPA Notice. 

Lawful processing: We process your personal information only to the extent necessary for the performance of our obligations to you, which is in providing the Services to you under our Terms of Service at www.getjobber.com/terms-of-service. We set out below the type of Personal Information that we collect and how we use it. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or third-party marketing in a way that specifically identifies the individual. In other words, we don’t sell customer lists. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website, App and/or the Service.

Scope.  This Privacy Policy covers the activities of Jobber but does not apply to the practices of companies and other third parties that we do not own or control, including our customers and third parties that offer products or services to customers linked or made available through our Service (eg. via the Jobber Marketplace).   You are responsible for ensuring that you have obtained the necessary authorizations and consents for any Personal Information you make available to us for use in accordance with this Privacy Policy, in particular, our customers represent and warrant to Jobber that they have the necessary rights under applicable law or have obtained the necessary consents from each end user whose Personal Information is provided by that customer to Jobber in order to allow Jobber to use, disclose and otherwise process such Personal Information for the purposes described in this Privacy Policy in the manner described in this Privacy Policy.

What we Collect.  Set out below are the ways in which we may collect Personal Information:

  • Personal Information We Collect from our Customers. We may collect registration data such as your full name and email address as well as and business contact information of individuals who work for our customers (i.e. field service companies that use the Service to manage aspects of their business and transactions) in order to communicate with those customers about their business relationship with Jobber.  We may also collect payment credentials or related information from our customers in order to allow those customers to pay Jobber for services procured by such customers or in order to remit to such customers their share of transaction fees collected from end users.  You have the ability to take/upload photos, notes and other content to the Website, App, and/or Service such as a photo and description of a job that you have completed. The content that you make available will be accessible to the Account Owner.
  • Personal Information Collected in the Course of the Service.  We may collect Personal Information about our customers’ clients through various communications methods used by the Service.  The Personal Information provided by such clients consists of their name, address, phone number, address and any other Personal Information required in connection with transactions processed or data stored by our customers through our Service.  In some instances, end user information may be collected by our customers and provided to Jobber.  .
  • E-commerce Transactions. If you make a purchase through our e-commerce store located at https://store.getjobber.com/, Jobber will collect your name, credit card billing information and shipping information. This information is used to process your transaction and delivery products purchased.
  • Logs. Our servers automatically record information created by your use of our Services to help us diagnose and fix technical issues, and to improve the overall quality and user experience of our Services. Logs may include information such as your IP address, browser type, operating system, details of how you used our Service (such as the functions you asked our Service to perform), diagnostic information related to the Services (such as crash activity reports), the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. Please see further below for more information on this.
  • Cookies. We use technologies like cookies and pixel tags to gather information about how you are interacting with the Services, which may include identifying your IP address, browser type, and referring page. Please see further below for more information on this.
  • Employee and Contractor Candidate Information. When we seek candidates for potential jobs or contracting engagements with Jobber, we collect information that those candidates choose to provide to us when applying, which may include contact information, education and employment history, credentials, place of residence and other information the candidate believes to be relevant.  For people who become our employees or contractors, we will typically retain the information provided by those candidates in the application process along with additional information to manage their employment or contractor relationship with us, including, without limitation, information related to income tax reporting and withholding and enrollment in Jobber benefit plans (in each case, to the extent applicable for the relevant relationship).
  • Marketing Information. From time to time, we may conduct surveys or hold contests or other events and in connection with such surveys, contests, or events, we may collect information you elect to provide about yourself, such as your name, email address, telephone number, organization name and address; and general information about the company for whom you work.  In addition, we may use third-party service providers to collected business-related information about your employer such as its name, size, and publicly available revenue in connection with potentially offering the Services to your employer.
  • Jobber Suppliers and Partners.  Jobber collects business contact information of individuals who work for our suppliers and other partners to communicate with those suppliers and partners about their business relationship with Jobber.

Use of Personal Information. Jobber uses the Personal Information described above to:

  • provide, operate, maintain and improve the Website, App and/or Service;
  • account administration, billing, verification and authentication purposes and to contact you in relation to the same;
  • send technical notices, updates, security alerts and support and administrative messages;
  • facilitate transactions and send related information to the relevant transaction participants, including confirmations and invoices;
  • respond to comments, questions, and requests and provide customer service and support;
  • communicate with you and provide news or information about us;
  • investigate and prevent fraudulent transactions, unauthorized access to the Website, App and/or Service, and other illegal activities;
  • monitor and analyze trends, usage, and activities in connection with the Website, App and/or Service, including generating aggregated and anonymized statistics and disclosing industry trends to third parties which are derived from use of the Service but do not include any Personal Information;
  • conduct business and contractual relationships that we have with various persons and companies (such as customers, suppliers, partners and employees); and 
  • for other purposes which we will notify you about and seek your consent.

THIRD PARTY RELATED-TERMS

  • Connecting Through Third-Party Sites. Users may login or register to use the Service through certain third-party owned or operated social networking services (“SNSs”). If you are already logged into the App or Service and a SNS or a Third-Party Account, when you connect to the SNS or Third-Party Account, you may be prompted to merge your profiles. By proceeding, you are allowing the App and/or Service to access your information and you are agreeing to the SNSs’ or Third-Party Account’s Terms of Use in your use of the App or Service. Conversely, if you are not currently registered as a user of the App or Service, and you click on “Sign in” the SNS or Third-Party Account that we support, you will first be asked to enter your SNS or Third-Party Account credentials and then be given the option to register for the App or Service. In this case, we may receive information from the SNS or Third-Party Account to make it easier for you to create an account on the Website and show our relevant content from your SNS friends. Once you register on the Website and connect with the SNS or Third-Party Account you will be able to automatically post recent activity back to the SNS or Third-Party Account. Any information that we collect from your SNS account or Third-Party Account may depend on the privacy settings you have with that SNS or Third-Party Account, so please consult the SNSs’ or Third-Party Account’s privacy and data practices.  If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at [email protected].
  • Third-Party Links: The Website, App, and/or Services may contain links to other third-party websites that are not owned or controlled by us. Such third-party websites are governed by the terms and conditions and privacy policies of such third-party providers and we are not involved in any interaction or transaction between you and such third parties. We encourage you to read the privacy policies of every website you visit. The links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.
  • Third-Party Partner Integrations: Optional third-party add-ons may be offered by our integration partners from time to time. Data shared with third-party integration partners is subject to the privacy policies and terms of service of such third parties.
  • Jobber Payments. If you register for the Jobber Payments service, we may collect additional information from you, including certain account information. We will also collect certain payment and other personal information from your customers, and it is your responsibility to ensure you have a privacy policy in place that permits Jobber to collect such information. Because our payment service is provided by a third-party service provider, Stripe, by signing up for Jobber Payments, you are also agreeing to the terms of the Stripe Privacy Policy (see further www.stripe.com/ca/privacy). Any personal information that you provide to Stripe about you or your customers will be treated in accordance with the terms of the Stripe privacy policy.
  • Jobber Marketplace:  The Website, App, or Service may include access to a marketplace enabling subscribing Jobber users to browse and select third-party software applications, tools and add-ons (collectively “Third-Party Apps”) which are offered by third-party developers (“App Providers”).  By downloading any Third-Party App you acknowledge and agree that the App Provider will have access to certain information from you when contracting with you to provide you with access to one or more Third-Party Apps.  Use of any personal information provided directly or indirect to or derived by an App Provider will be subject to the privacy policy of the applicable App Provider.  Jobber has no control over the privacy policies of App Providers although we contractually require App Providers to agree to : (i) comply with all applicable laws and regulations in their collection and processing of any personal data in accordance with their stated privacy policies; (ii) inform users of a Third-Party App (“Users”) about any information about a User or data generated or derived from a User’s use of a Third-Party App (“User Data’) that the Third Party App collects and how such User Data is used, stored, secured, disclosed and their data retention policies; and (iii) describe the controls that Users have over the use and sharing of their User Data and how they may access their User Data.   

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

COOKIES & OTHER AUTOMATIC DATA COLLECTION AND TRACKING METHODS

  • Location Data Generally. If you download the App, the App will request access to your device location. If you grant the App access to your device location, we will be able to track the physical location of your device using GPS and WiFi signals. We use this information to provide the Service. You can remove the App’s access to your device location at any time by changing your privacy settings on your device, and you may also permit the App to only track your location at specific times by changing your privacy settings within the App. Not enabling access to your device location may limit the features and functionality of the Service that you can use. Location data will be available to the Account Owner.
  • Location Data: Security Tracking.  Location data is automatically tracked for fraud prevention purposes (eg. to potentially identify unauthorized access to your account) and unusual patterns or location data that is flagged by the Security Services may be notified to the Account Owner/applicable administrators.  In the event of high-risk activity flagged by the Security Services, your account may be temporarily disabled to protect against fraudulent activity through your account.  We will notify you if we take this action and will provide information on how to verify your account and unblock access to the same.   
  • Time Tracking. You may use the time tracking functionality in the App to track how long it takes you to complete a work task. Such information will be made available to the Account Owner.
  • Metadata: We collect and use various metadata derived from your use of the Service. For example, if you take a photo using the App, we also collect the time that such photo was taken. Such metadata will also be made available to the Account Owner.
  • Third-Party Services: In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Website or use the App, and/or Service. This includes third-party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Website, as well as third parties that deliver content or offers and third-party fraud detection and prevention services (“Security Services”) that we engage to help predict and prevent fraudulent activities on the Website and Services. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Website and Services and the use of information from Security Services will be used in accordance with the terms of the Account Security and Fraud Prevention Terms. The information generated by the Cookies or other technologies about use, access to and the location of such use and access by you and others with access to your Jobber account and to  our Website and Services (the “Analytics Information”) is transmitted to the Analytics Services and Security Services. The Analytics Services use Analytics Information to compile reports on user activity and the Security Services use Analytics Information within digital products and tools including an AI-driven real time machine learning software platform which analyses and aggregates data to identify risk patterns and predict fraudulent activities. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Website, App, and/or Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please go to https://getjobber.com/subprocessors (collectively “Sub-Processors”).
  • System Logs & Cookies: Cookies are used by us to track content usage and traffic on the Website and App. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. Cookies help us compile aggregate statistics about usage of this Website and App, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website and App. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website, App, and/or Services.  Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.

How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.

DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES

Service Providers and Business Partners. We may from time to time employ third parties to perform tasks for us and we may need to share Personal Information (including account information) with them to perform those tasks. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them perform the relevant tasks for us. The third parties we currently engage include third-party companies and individuals employed or contracted by us to provide certain capabilities within the Services and for certain general business functions, including the provision of database management, payment processing and customer relationship management tools, including the Sub-Processors.

Business Transfers. If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.  Your Personal Information may also be transferred in connection with due diligence for any such transactions.  In all cases, if any such transactions occur, your Personal Information will remain subject to the restrictions and protections set forth in this Privacy Policy.

SNSs. Our Website, App and/or Service may enable you to post content to SNSs or other Third-Party Accounts. If you choose to do this, we will provide information to such SNSs or Third-Party Accounts in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third-party provider of such SNSs or Third-Party Accounts. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs or Third-Party Accounts; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs or Third-Party Accounts

Third Party App Providers.  Through the Jobber Marketplace certain Personal Information may be shared by us with Third Party App Providers.

Payment Processors.  When you provide credit card or other payment information to pay for Jobber subscriptions, your credit card and financial information is processed by third-party subscription management provider. Jobber does not store and does not have access to detailed credit card details.  If you use Jobber Payments, as further described in our Terms of Service, your payment information and payments will be processed by Stripe and such information and processing will be subject to Stripe’s own legal agreements which you should read carefully

As Required by Law. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.   We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process or governmental request (including in pursuant to subpoenas, civil investigative demands, or similar processes); enforce our contracts or user agreements, including investigation of potential violations hereof; and
  • detect, prevent, or otherwise address fraud, security, or technical issues. 

The above may include exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and know-your-customer purposes. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms of this Privacy Policy to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders (including in respect to depositions, interrogatories, subpoenas, civil investigative demands, and other court or regulatory-mandated discovery processes).

OTHER RIGHTS AND RESPONSIBILITIES

Retention: We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your Personal Information be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

Access & Accuracy.  You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information.  Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user.  In such circumstances we will provide reasons for the denial to you upon request.  We will endeavor to deal with all requests for access and modifications in a timely manner.  We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate.  As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information.  Having accurate Personal Information about you enables us to give you the best possible service.

Residents of the European Economic Area (“EEA”): Please go to https://www.getjobber.com/GDPR to read additional terms which apply to EEA residents’ data under the General Data Protection Regulation.  

California Consumer Privacy Act:  Please go to https://www.getjobber.com/CCPA to read additional disclosures required under the California Consumer Privacy Act.

Amendment of this Policy: We reserve the right to change this Privacy Policy at any time. If we decide to make any material changes to this Privacy Policy in the future, including how we use your Personal Information, we will send you an email or in-App notification. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website or App. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the top of this document.  Your continued use of the Website, App, and/or Service signifies your acceptance of any changes. You should consult this Privacy Policy regularly for any changes.

Contact Us: If you would like to access your information or would otherwise like to exercise any of your rights in respect of your personal information (whether as set out above or otherwise), if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: [email protected].