Terms of Service

Privacy Policy

Effective Date: November 4, 2020

This Privacy Policy describes how we collect, use, disclose, and store information provided to us when accessing or using our websites, mobile applications, or other online products or services that link to this Privacy Policy. When the terms “we,” “us,” “our,” or “Company” are used in this Privacy Policy, such terms refer to ThinkHR Corporation. When the term “Site” is used, we mean our websites located at www.thinkhr.com and www.mammothhr.com and any subdomains thereof. When the term “Services” is used, we mean our cloud-based, software-as-a-service platform made available to our customers. PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. WHEN YOU ACCESS, USE, OR SUBMIT INFORMATION TO OR THROUGH THE SITE OR SERVICES, YOU CONSENT TO THE COLLECTION AND PROCESSING OF INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. BY USING THE SITE OR SERVICES, YOU ACCEPT OUR TERMS OF SERVICE, WHICH INCORPORATE THIS PRIVACY POLICY BY REFERENCE. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, YOU MAY NOT USE THE SITE OR SERVICES.

Please Note:

This Privacy Policy does not apply to information collected through third-party websites or services. Our services and communications may contain links to websites or other online services provided by third parties, and such links do not mean that we endorse such websites or other online services or the quality or accuracy of the information presented. You acknowledge and agree that we are not responsible for the collection and use of your information by websites and other online services that are not under our control. The privacy practices of third parties are governed by their privacy policies, and we encourage you to review the privacy policies of all websites and online services that you use, view, or visit.

We do not store, transmit, or otherwise process any individually identifiable health information or PHI via the Site or Services, and we prohibit submission or collection of protected health information or individually identifiable health information (as those terms are defined by the Health Insurance Portability and Accountability Act of 1996) in connection with use of the Site or Services.

The Site and Services are not intended for use by children. Consistent with the requirements of the Children’s Online Privacy Protection Act, if we learn that we have received information directly from a child under the age of 13 without first receiving a parent or legal guardian’s verified consent, we will use any collected information solely to inform the child that use of the Site and Services is prohibited, and any collected information will be deleted.

The Site and Services are hosted in the United States and governed by applicable U.S. federal and state laws. When you provide information to us through the Site or Services, you consent to the processing of your data in the United States.

Changes to this Privacy Policy

The effective date of this Privacy Policy is set forth at the top of this webpage (“Effective Date”). We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this webpage and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your continued use of the Site or Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions. We encourage you to review our Privacy Policy regularly to stay informed about our information practices and the choices available to you.

Contact Us

If you have any questions or complaints regarding this Privacy Policy, please feel free to contact us by phone at (925) 225-1100, by email at [email protected], or by postal mail at ThinkHR Corporation, ATTN: Legal, 4637 Chabot Drive, Suite 200, Pleasanton, CA 94588.

Table of Contents

Definitions

The following terms are frequently used in this Privacy Policy and are defined here for your reference (in order of relevance).

You” or “Your” means the individual accessing or using the Site or, as the case may be, the individual authorized to access and use the Services as a User.

User” means an individual associated with a Partner or Client, who is authorized to access and use the Services or a portion thereof.

Client” means an entity subject to an agreement with Partner under which Partner agrees to provide access to and use of the Services or a portion thereof.

Partner” means an entity subject to an agreement with Company under which Company authorizes Partner to provide access to and use of the Services or a portion thereof to its Client.

Service Provider” means a third-party performing work for us or a portion of the Services on our behalf.

Personal Information” means information associated with or used to identify you, such as: (a) your first and last name, email address, postal address, phone number, and some Usage Data under applicable law; (b) your job title or department; or (c) your employer’s name, phone number, postal address, payment information, type of company, company industry, and company size.

Usage Data” means information about your activity on the Site or Services that, by itself, does not identify you, such as: (a) browser type, operating system, webpages visited, access times, links clicked, and the page visited before navigating to our Site or Services; (b) technical information about the computer or mobile device you use to access our Site or Services, including hardware model, operating system and version, unique device identifiers, location data, IP address, domain name, internet service provider, or network information; (c) information searched for, observed, or accessed while using the Services; or (d) metadata related to User Content, such as date, time, or location.

User Content” means any content you submit through or in connection with the Services.

Why We Collect Information

In general, we collect information to perform our agreements with our Partners and related business purposes, such as product performance, product development, relationship management and marketing, compliance with legal obligations, and other similar business and legal purposes.

What Information We Collect

When you access the Site, we may collect your Personal Information or Usage Data. When you access or use the Services, we may collect your Personal Information, Usage Data, and User Content.

How We Collect Information

When you access the Site, we may collect Personal Information provided to us directly by you or Usage Data provided to us automatically by Data Collection Tools as described below. For example, you may complete a form on the Site used to contact us about our products and services, which may include Personal Information. When you access or use the Services, we may collect information from You, Clients, Partners, Service Providers, or Data Collection Tools as described below.

From You

We may collect Personal Information and User Content provided to us directly by you when you access or use the Services. For example, we collect information when you create an account, fill out a form, make a purchase, subscribe to receive communications, request customer support, communicate with us, or submit information when you use the Services.

From Clients and Partners

We may collect information provided to us directly by a Client or Partner. For example, a Partner or Client may share information with us about the other so that we may provide particular products or services to either or both of them.

From Service Providers

When you access or use the Services, Service Providers may collect Personal Information, Usage Data, or User Content. For example, a Service Provider may collect information about unauthorized access to or use of the Services and share it with us, or a Service Provider may process Personal Information or User Content provided directly by you when you use the Services.

From Data Collection Tools

We may automatically collect Usage Data when you access or use the Site, Services, or otherwise transact business with us. We may use cookies, web beacons, server logs, and similar tracking technologies (“Data Collection Tools”) to collect Usage Data so that we may improve your experience with the Site or Services. Cookies are small data files stored on your hard drive or in device memory that help us improve your experience with the Site or Services, see which areas and features of the Site or Services are popular, or count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used with our Site, Services, or emails to help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. For information about how to disable Data Collection Tools, please see “Your Choices”.

How We Use Information

In general, we use information to perform our agreements with our Partners and related business purposes, such as product performance, product development, relationship management and marketing, compliance with legal obligations, and other similar business and legal purposes, such as:

  • To provide the Services;
  • To operate, maintain, improve, or personalize the Services or other products and services we offer;
  • To provide customer service or respond to your comments, questions and requests;
  • To send technical notices, updates, security alerts, and support or administrative messages;
  • To communicate with you about products, offers, promotions, rewards, and events we or others offer, or provide news and information we think will be of interest to you;
  • To monitor and analyze trends, usage, and activities in connection with our Services;
  • To provide advertisements about content or features more relevant to you;
  • To assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the Services;
  • To process your transactions and send you related information, such as confirmations and invoices;
  • To help us develop new products and services or improve our existing products and services;
  • To enforce our Terms of Service and other applicable agreements or policies; and
  • To carry out any other lawful purpose for which information was collected.

We may derive information or draw inferences based on information collected when you access or use the Services. For example, we may make inferences about your interest in our products and services based on your location, browsing behavior, usage behavior, and past purchases.

To improve the Services, information collected may be used in an aggregated or deidentified manner. For example, information about a particular use of the Services may be used to suggest such use may be beneficial to others.

We may combine information provided to us directly by you with information from other sources, such as social media or data brokers, and use the combined information as described in this Privacy Policy.

We may allow third parties or Service Providers to serve advertisements on our behalf across the internet and to provide analytics services. Such entities may use Data Collection Tools to collect information about your use of the Site, Services, and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests in our Services and other websites, and better understand your online activity.

Information Disclosure

We do not sell or share information with third parties for their direct marketing purposes. We may share information as described at the time information is collected or as otherwise provided in this Privacy Policy, such as:

  • With your consent or at your direction, including if we notify you through our Site or Services that the information you provide will be shared in a particular manner and you provide such information;
  • With Partners, so they understand their Clients’ use of the Services and related needs, or to perform functions initiated by Users;
  • With Service Providers to perform functions for which we engage them, such as hosting, analytics, or a portion of the Services;
  • With our affiliates or subsidiaries for the purpose of providing the Services to you;
  • In aggregated or de-identified form, which cannot reasonably be used to identify you;
  • For legal purposes, such as to enforce our rights, protect our property, or protect the rights, property, or safety of others; as needed to support external auditing, compliance, and corporate governance functions; to respond to a subpoena, regulation, binding order of a data protection agency, legal process, government request, or other legal or regulatory process; or as required to pursue available remedies or limit damages we may sustain; and
  • In connection with a merger, sale, reorganization, financing, acquisition, or other change of ownership or control by or of Company or any affiliated company in whole or in part.

Information Retention and Security

In general, we retain information pursuant to our data retention policy unless otherwise permitted or prohibited by applicable law. We use commercially reasonable security measures designed to protect the security of information submitted to or through the Services. However, the security of information transmitted through the internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for any change to or loss of data. Users are responsible for maintaining the security of any User ID, password, or other form of authentication involved in obtaining access to the Services. To protect your information, we may suspend your use of the Services, without notice, during an investigation if any breach of security is suspected. Access to and use of the Services is restricted to authorized Users only. Unauthorized access or use is prohibited and may lead to a civil action or criminal prosecution.

Your Choices

You may access and review information under your user profile and make corrections or deletions as necessary. You may also email us at [email protected]. If you wish to deactivate your account, please email us at [email protected] but note that we may retain information pursuant to our data retention policy unless otherwise permitted or prohibited by applicable law.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that removing or blocking cookies may affect the availability and functionality of our Site and Services. For more information about internet-based ads or to opt out of having your web browsing information used for behavioral advertising purposes, please visit: http://www.aboutads.info/choices.

You may opt out of receiving our promotional emails by following the instructions in those emails. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

California Consumer Privacy Act

THIS SECTION APPLIES SOLELY TO CALIFORNIA RESIDENTS. If you are a California resident, you may have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”). All phrases used in this section shall have the same meaning as those phrases are used under the CCPA.

Right of Non-Discrimination

You have a right to exercise your rights without suffering discrimination. We will not discriminate against you in any way if you choose to exercise your rights under the CCPA.

Right to Know

You have a right to request that we disclose the following information to you:

  • The categories of personal information we have collected about you;
  • The categories of sources from which personal information is collected;
  • The business or commercial purpose for collecting or selling personal information;
  • The categories of third parties with whom we share personal information; and
  • The specific pieces of personal information we have collected about you.
The following paragraphs describe items listed above:

Categories of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: Personal Information, Usage Data, and User Content, as those terms are defined in “Definitions”.

Categories of Sources: The categories of sources from which we have collected personal information are described in “How We Collect Information”.

Business or Commercial Purpose: The business or commercial purpose for collecting personal information is described in “How We Use Information” and “Why We Collect Information”.

Categories of Third Parties: In the preceding 12 months, we have shared Personal Information, Usage Data, and User Content as described in “Information Disclosure”.

Specific Pieces of Personal Information: You may submit a right to know request by visiting us at https://thinkhr.com/ccpa/, calling us at (844) 455-8706, or emailing us at [email protected]. This right is subject to certain exceptions available under the CCPA.

Right to Delete

You have a right to request that we delete personal information we have collected from you. You may submit a right to delete request by visiting us at https://thinkhr.com/ccpa/, calling us at (844) 455-8706, or emailing us at [email protected]. This right is subject to certain exceptions available under the CCPA.

Right to Opt Out

You have a right to direct a business that sells your personal information to third parties not to sell your personal information, but please note that we do not sell personal information to third parties.

Verification

We will verify your identity before responding to your requests. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you.

Authorized Agent

If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. To designate an authorized agent to exercise these rights on your behalf, please email us at [email protected].

Contact Us

If you have any questions or complaints regarding this Privacy Policy, please feel free to contact us by phone at (844) 455-8706, by email at [email protected], or by postal mail at ThinkHR Corporation, ATTN: Legal, 4637 Chabot Drive, Suite 200, Pleasanton, CA 94588.