Privacy Policy for MobileShifts

1. Introduction

MobileShifts B.V. (referred to as "we," "our," "us") with its principal office at (office address in Netherlands) is dedicated to respecting the privacy of its users ("you," "your"). This Privacy Policy provides you with information about the collection, use, disclosure, and protection of your information when you use our Platform.

By using the MobileShifts mobile application, website, and/or any related services (the "Platform"), you agree to the collection and use of information in accordance with this Privacy Policy.

2. Scope of Application

This privacy policy applies to the following parties:

• Workers, freelancers, and Gig professionals using MobileShifts application.
• Business, employers and clients using MobileShifts application.
• Visitors accessing the platform with whom MobileShifts has no contract.
• Recipients of MobileShifts marketing materials or communications.

3. Information Collected

We collect a variety of information to constantly improve our service and elevate your experience, this information includes but is not limited to:

Personally identifiable information

• Full name
• Email address
• Phone number
• Date of birth
• Government-issued identification (e.g., Aadhaar, PAN, passport)
• Profile photograph
• Address and location data

Professional information

• Work history
• Skills and certifications
• Resume/CV
• Availability and shift preferences
• Ratings, reviews, and performance data

Financial information

• Expected salary/Current salary
• Bank account details
• UPI IDs
• Payment history
• Tax information (including PAN, GST where applicable)

Device and usage data

• IP address
• Device type and OS
• Browser type
• App usage data
• Log files and diagnostic data

Location information

We may collect real time location data from your IP address in order to track shifts, verify attendance and prevent frauds.

Communications

• Messages between users
• Messages between clients and users
• Customer support interactions and any metadata thereof
• Feedback and surveys

Consents

Any consents or permissions that you grant us whilst using our services.

Any other data

Any other information you choose to provide to us through all available channels, participating in user/customer surveys or otherwise visiting and interacting with our Site and/or Services.

4. Information Usage

We use your information for the following purposes:

• To provide, maintain and debug our services;
• To create and manage user accounts;
• To match workers with employers;
• To facilitate hiring, onboarding, and employment (including EOR services);
• To analyse usage patterns and improve our services;
• To process payments and payouts;
• To verify identity and prevent fraud;
• To improve platform functionality and user experience;
• To provide customer support;
• To comply with legal and regulatory obligations;
• To send notifications, updates, and marketing communications.

5. Legal Basis for Processing

Where applicable, and as per "legitimate use" under Digital Personal Data Protection Act, 2023 we process your data based on:

• Your consent
• Performance of a contract
• Compliance with legal obligations
• Legitimate business interests

6. Sharing and Disclosure of Information

We do not share your data or disclose information we collect from you except as described below or otherwise described to you at the time of collection of such information.

Employers and Clients

To enable hiring decisions and workforce management.

Service Providers

Third-party vendors for:

• Payment processing
• Background verification
• Cloud storage and hosting
• Analytics and marketing

Legal and Regulatory Authorities

If we think it's necessary or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others' rights, property, or safety, we may access, preserve, and disclose your personal information.

Business Transfers

In connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company, or in which we sell, liquidate, or transfer all or a portion of our business or assets, we may disclose and transfer your personal information to service providers, advisors, potential transactional partners, or other third parties.

7. Data Retention

We retain your information for as long as necessary to:

• Provide services;
• Comply with legal obligations;
• Resolve disputes;
• Enforce agreements.

When your personal information is no longer needed for the purposes for which we process it, we take steps to either delete it or store it in a way that makes it impossible to identify you, unless we are compelled by law to retain it for a longer amount of time.

We take into consideration a number of factors when determining the retention period when processing personal information for our own purposes. These factors include the kind of services you receive, the length and nature of our relationship with you, the possibility of re-enrolment with our services, the impact on our services if we remove any information from or about you, and the statute of limitations and mandatory retention periods set forth by law.

8. Data Security

We take appropriate measures to safeguard your personal information with physical and electronic protections aimed at enhancing the security of the personal information we hold. Nevertheless, since no electronic transfer or retention of data can be completely safe, we cannot ensure the security or confidentiality of your personal information.

We will take charge of creating and upholding a program for information security that aims to:

• safeguard the safety and privacy of personal information;
• safeguard against expected risks or dangers to the safety or reliability of the personal information;
• safeguard against illicit access to or utilisation of the personal information;
• guarantee the accurate disposal of individual information, as elaborated on below;
• make sure that all employees and subcontractors, if applicable, adhere to all the above.

Formal privacy and security awareness training will be provided for all staff and necessary contractors as soon as feasible after hiring and/or before they begin work with personal data, with annual recertification thereafter.

We will uphold technologies and procedures for authorisation and authentication to guarantee that only permitted individuals can access personal data, including:

• providing access permissions based on the necessity to know principle;
• evaluating and updating documentation of staff members who are permitted to provide, change, or revoke authorised access to systems;
• necessitating personalised, individual access accounts for password usage;
• encrypting, recording, and monitoring all access sessions to systems with personal information.

We will hire a third-party vendor to conduct penetration and vulnerability testing on our systems that hold and/or process personal data at least once annually.

9. Your Rights

Depending on applicable laws, you may have some or all of the following rights with regards to your personal information:

• Claim a copy of your personal data and information regarding how your data is processed;
• Correct inaccurate information;
• Delete your data;
• Restrict or object to processing;
• Withdraw consent;
• Claim a portable copy of your personal information or have a copy sent to a third party of your choice;
• File a complaint with a supervisory authority for data protection in case of any breach.

To exercise any of your rights, contact us at info@mobileshifts.com.

We might request extra information to verify your identity and ensure security before providing the information you requested.

To submit a request for someone else, you must provide evidence of the individual's permission for you to make that request on their behalf. We maintain the right to impose a fee where allowed by law. We may also refuse to handle requests that threaten the privacy of others, are unreasonable, or would require us to act in ways that are not allowed by relevant laws.

Moreover, as allowed by relevant laws, we might be required to keep specific Personal Information for a restricted duration for purposes of record-keeping, accounting, and fraud prevention. Kindly be aware that you might have the ability to exercise some of these rights independently. For instance, if you are a registered user of the MobileShifts platform, you can view and modify your personal information.

10. Cookies and Tracking Technologies

We use cookies and similar technologies to:

• Enhance user experience;
• Analyse platform performance;
• Deliver personalised content and ads.

You can manage cookie preferences through your browser settings. You can access our cookie policy here.

11. Children's Privacy

MobileShifts is not intended for individuals under the age of 18. We do not knowingly collect personal data from minors.

12. International Data Transfers

Your information may be transferred and processed outside your jurisdiction, subject to appropriate safeguards.

13. Third-Party Links

Our Platform may contain links to third-party websites. We are not responsible for their privacy practices.

14. Updates to This Policy

We may update this Privacy Policy from time to time. Changes will be notified via the Platform or email.

This Privacy Policy takes effect from the "LAST REVISED" date shown at the beginning of this document and will stay in place unless any modifications are made to its terms in the future, which will become effective right after being published on this page.

We retain the right to modify or revise our Privacy Policy whenever necessary, and you ought to review this Privacy Policy from time to time. Your ongoing usage of the Service following any changes we make to the Privacy Policy on this page will signify your acknowledgment of those changes and your agreement to comply with and be governed by the revised Privacy Policy.

15. Grievance Officer (India Compliance)

In accordance with the Information Technology Act, 2000 and applicable rules, the contact details of the Grievance Officer are:

Name: Max Mäkinen
Email: max@mobileshifts.com

16. Contact Us

If you have questions about this Privacy Policy, or the usage of your data contact us at:
Email: info@mobileshifts.com