Privacy Statement
WorkMarket Online Privacy Statement
Effective Date: October 5, 2018
Last Updated Date: May 31, 2024
This Privacy Statement explains how WorkMarket, an ADP company ("WorkMarket" or "our" or "we"), uses and discloses Personal Data that is collected through WorkMarket, which includes all webpages associated with WorkMarket, landing pages within the WorkMarket mobile application, all application programming interfaces (APIs), file transfers and csv uploads, and all applications and communication tools provided by WorkMarket.
This Privacy Statement also incorporates ADP's Binding Corporate Rules ("BCR") Privacy Code for Business Data (the "Business Code"), which includes information about how ADP processes and protects Personal Data of our business and client contacts, freelancers, and consumers (users). For more information on the Business Code, please click on Business Code Overview here: https://www.adp.com/privacy.aspx. If you have additional questions about privacy or this Privacy Statement, please contact our Privacy Team at [email protected].
ADP also has a Global Data Privacy Policy that applies to all ADP companies worldwide. An overview of our Privacy Program is located here: https://www.adp.com/privacy.aspx.
Click here for additional information on U.S. State Specific Consumer Privacy Rights.
1. Types of Personal Data
This Privacy Statement explains our practices with regard to Personal Data collected by WorkMarket for the purposes of the WorkMarket offering.
Personal Data is any information that identifies you as an individual or relates to an identifiable individual.
Some examples of Personal Data collected when you use WorkMarket include your name, username, address, location data, email address, telephone number, user profile information, worker type, employment information, demographic data, financial and tax information, compensation information, benefits information, or other information about how you engage with the WorkMarket offering.
2. How WorkMarket Collects Personal Data & Categories of Personal Data Collected
In most cases, we will collect Personal Data directly from you; we will also collect and/or access Personal Data about you from clients or companies for which you provide services, third-party service providers, third-party data suppliers, and/or publicly available databases.
We will ask you for Personal Data when you interact with WorkMarket, such as when you register on WorkMarket, set up an account with WorkMarket, sign up to receive marketing communications, and/or request our services or the ability to use and access our platform.
WorkMarket also collects the following categories of Personal Data directly from you when you choose to share them with us: name, Social Security Number (SSN) or US Tax Identification Number (TIN), Canadian tax information like Social Insurance Number (SIN) (for Canada-based platform users), foreign tax identifying number (on IRS Form W-8BEN), date of birth, address, business name and information, worker type, bank account information, information around work assignments performed, compensation information, location and geo-tracking data, government IDs (such as a driver’s license or passport), photos, email address, password, login, skills and qualifications, interests, and IP address.
We need to collect Personal Data to provide the requested services to you. If you do not provide the information requested, we may not be able to provide the services. If you disclose any Personal Data relating to other people to us or to our service providers in connection with WorkMarket, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement. By providing Personal Data to us, you are consenting to the collection, verification and storage of such Personal Data which may occur outside of your country of residence.
Cookies and Other Online Tracking Technologies. If you interact with us through WorkMarket, we use cookies and other online tracking technologies to collect information about your device and your use of WorkMarket.
For more information about cookies and online tracking other technologies, please see the section Cookies and Other Automatic Data Collection Technologies below.
3. How WorkMarket uses Personal Data
WorkMarket is an offering on ADP mobile and web properties that allows independent contractors who provide services and companies seeking services to interact and arrange for an independent contractor to complete a work assignment for a company. WorkMarket uses Personal Data to provide the WorkMarket services, which may include: the creation of an account on the platform; managing payments, invoicing, tax reporting, customer service, and account management support; facilitating the ordering of background checks and/or drug tests when requested; and providing other services related to your relationship with WorkMarket.
WorkMarket also uses your Personal Data for the following business purposes:
(a) Business purposes for processing Personal Data pertaining to business and client contacts. Personal Data pertaining to consumers with whom WorkMarket has a business relationship may be processed as needed:
(1) To initiate, assess, develop, maintain, or expand a business relationship, including negotiating, contracting, and fulfilling obligations under contracts;
(2) For due diligence regarding the individual's qualifications and eligibility for the relationship, including verifying the identity, qualification, authority, and creditworthiness of the consumer and obtaining publicly-available information from third parties (such as publicly-available sanction lists from screening companies);
(3) To send transactional and administrative communications (such as requests for information, responses to requests for information, transaction details, confirmations, and service updates);
(4) To analyze Personal Data for business reporting and providing personalized services, including to better understand individuals’ interests and preferences in order to personalize our interactions with the individuals, as well as to identify usage trends and determine the effectiveness of our promotional campaigns;
(5) For account management, accounting, finance, and dispute resolution purposes (such as accounts receivable, accounts payable, account reconciliation, cash management, or money movement) and for consolidated management and reporting;
(6) To assure quality control and to enforce company standards and policies;
(7) For risk management and mitigation, including for audit and insurance functions, and as needed to license and protect intellectual property and other assets;
(8) For security management, including monitoring consumers with access to the website, applications, systems, or facilities, investigation of threats, and as needed for any data security breach notification; or
(9) To anonymize, aggregate, or de-identify so that will no longer be considered Personal Data. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies an individual.
(b) Business Purposes for processing Personal Data pertaining to consumers and other individuals. Personal data pertaining to consumers and other individuals may be processed as needed:
(1) To provide the information, product, or service requested by the individual, arranging access to an individual’s account, respond to inquiries and fulfill individual requests, and to complete transactions;
(2) For due diligence, including verifying the identity of the individual, as well as the eligibility of the individual to receive information, products, or services (such as verifying age, employment, or account status);
(3) To send transactional and administrative communications (such as requests for information, responses to requests for information, orders, confirmations, training materials, and service updates);
(4) To manage the individual's account, such as for customer service, finance, and dispute resolution purposes;
(5) To analyze Personal Data for business reporting and providing personalized services, including to better understand individuals’ interests and preferences in order to personalize our interactions with the individuals, as well as to identify usage trends and determine the effectiveness of our promotional campaigns;
(6) For risk management and mitigation, including for audit and insurance functions, and as needed to license and protect intellectual property and other assets;
(7) For security management, including monitoring individuals with access to the website, applications, systems, or facilities, investigation of threats, and as needed for any data security breach notification; or
(8) To anonymize, aggregate or de-identify the Personal Data, so that it will no longer be considered Personal Data. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies an individual.
(c) Business-necessary processing activities. WorkMarket may process Personal Data as needed (i) to protect the privacy and security of the Personal Data it maintains, such as in connection with advanced security initiatives and fraud and threat detection; (ii) for treasury operations and money movement activities; (iii) for compliance functions, including screening individuals against sanction lists in connection with anti-money laundering programs; and (iv) business activities, management reporting, and analysis.
(d) Development and improvement of current and new products and/or services. WorkMarket may process Personal Data to develop and improve WorkMarket’s products and/or services, and for internal research, development, analytics, and business intelligence.
(e) Relationship management and marketing. WorkMarket may process Personal Data for relationship management and marketing. This purpose includes sending marketing and promotional communications as may be appropriate given the nature of the relationship, such as product and service marketing, investor communications, customer satisfaction surveys, supplier communications (e.g., requests for proposals), corporate communications, and WorkMarket news.
WorkMarket uses your Personal Data for secondary purposes such as:
Disaster recovery and business continuity, including transferring the information to an archive
Internal audits or investigations
Implementation or verification of business controls
Statistical, historical, or scientific research
Dispute resolution
Legal or business counseling
Compliance with laws and company policies
Insurance purposes
4. Why and How Personal Data is disclosed by WorkMarket
WorkMarket does not provide your Personal Data to third parties for their own marketing purposes. We limit our sharing of your Personal Data to:
Companies and clients that are using the WorkMarket platform;
ADP Group Companies, which use your Personal Data for the purposes listed in this Privacy Statement;
Our service providers, to facilitate services they provide to us. These can include providers of such services as website hosting, data analysis, payment processing, order fulfillment, fraud prevention, information technology and related infrastructure provision, customer service, email delivery, and auditing;
Uses necessary to enforce our rights, protect our property, protect the rights, property or safety of others, in connection with any proposed or actual reorganization, bankruptcy, merger, sale, joint venture, assignment, transfer of
ADP
, or other disposition of all or any portion of ADP business or assets, or as needed to support external auditing, compliance and corporate governance functions;
We will also disclose Personal Data when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United States and other countries where we operate.
5. Cookies and Other Automatic Data Collection Technologies
When you visit our website, use WorkMarket, or receive digital communications from us, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.
For example, when you visit our website, we place cookies on your device. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return and to collect information such as browser type, time spent on WorkMarket, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation to display information more effectively, and to personalize your experience. We also gather statistical information about use of WorkMarket in order to continually improve its design and functionality, understand how it is used, and assist us with resolving questions regarding it. Cookies further allow us to select which of our advertising or offers are most likely to appeal to you and display them while you are on WorkMarket. We may also use cookies or other technologies in online advertising to track responses to our ads.
In many cases, you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different, so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of WorkMarket. You may not receive advertising or other offers from us that are relevant to your interests and needs.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our web pages and promotions and compile statistics about use of the WorkMarket service.
We collect many different types of information from cookies and other technologies. For example, we collect information from the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the Internet Protocol (IP) address assigned to the device you use to connect to the Internet. An IP address is a unique number that devices used to identify and communicate with each other on the Internet. We use IP Addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the [name of service]. We may also derive your approximate location from your IP Address. We may also collect information about the website you were visiting before you came to WorkMarket and the website you visit after you leave our site.
In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to Personal Data. For example, we use information we collect about website users to optimize our website and to understand website traffic patterns. In some cases, we do associate the information we collect using cookies and other technology with your Personal Data. This Privacy Statement applies to the information when we associate it with your Personal Data.
WorkMarket has relationships with third party advertising companies to place advertisements on this website and other websites, and to perform tracking and reporting functions for this website and other websites. These third-party advertising companies may place cookies on your computer when you visit our website or other websites so they can display targeted advertisements to you. These third-party advertising companies do not collect Personal Data in this process, and we do not give Personal Data to them as part of this process. This Privacy Statement does not cover the collection methods or use of the information collected by these vendors. For more information about third party advertising, please visit the Network Advertising Initiative (NAI) at www.networkadvertising.org. You may opt out of being targeted by many third-party advertising companies by visiting http://bit.ly/2Ig9IgT.
Although our website currently does not have a mechanism to recognize the various web browser Do Not Track signals, we do offer consumers choices to manage their preferences that are provided in the previous sections above. To learn more about browser tracking signals and Do Not Track please visit http://www.allaboutdnt.org/.
Third-Party Analytics
WorkMarket uses third-party analytics service providers, such as Google Analytics. This service use cookies and similar technologies to collect and analyze information about use of WorkMarket and report on activities and trends. These services may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Maps
WorkMarket also uses Google Maps and related APIs as a third-party vendor. By using Google Maps, end users are subject to the Google’s applicable policies, including https://www.google.com/intl/en-US_US/help/terms_maps/ and https://policies.google.com/privacy.
reCAPTCHA
We use Google’s visible and invisible reCAPTCHA application in order to protect against spam and other automated abuse. The reCAPTCHA tool may make use of cookies, as well as other information like IP address, date, time, language, screen size and resolution, and mouse movements, while on the page. The use of the reCAPTCHA service and the treatment of any information collected through the service are subject to Google’s applicable privacy policy, available at https://policies.google.com/privacy, and Google’s terms of service, available at https://policies.google.com/terms?hl=en.
Physical Location
We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services, platform functionality, and content. We may also share your device’s physical location, combined with information about the advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. When you enable, or grant permission to use, the GPS/geo-location feature of the WorkMarket platform through your mobile device, WorkMarket may access and process your location data to provide your location data information to actual or potential clients and other users of the WorkMarket platform, find work near you on the public marketplace, and/or check you in and out of a work assignment. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content. Additionally, if you turn off the GPS/geo-location feature of the WorkMarket platform through your mobile device, it may impact the functionality of the WorkMarket platform and all features may not be available to you.
6. Mobile Applications
WorkMarket part of a mobile application that allows you to access your profile, interact with us online, and receive other information via your mobile device. When you download and use our application, we and our service providers may track and collect usage data, such as the date and time the application on your device accesses our servers and what information and files have been downloaded to the application based on your device number. We use this information to understand how the application is used and improve it.
7. Communication Preferences
You may limit the information you provide to WorkMarket. You may also limit the marketing communications that WorkMarket sends to you. To opt-out of marketing emails, simply click the link labeled "unsubscribe" at the bottom of any marketing email we send you.
Please note that if you are currently receiving services from WorkMarket and you have decided to opt-out of marketing communications, we may still send you important administrative messages, from which you cannot opt out.
If you have questions about your choices or if you need assistance with opting out, please contact us via email to [email protected]. You may also write us at the address in the How to Contact Us section below. If you send us a letter, please provide your name, address, email address, and information about the communications that you do not want to receive.
8. Access, Correction, Erasure, and Other Individual Rights
If you have an online account, you may log into your account to access, update, or delete the information you have provided to us. Additionally, you may contact [email protected] to request access to your data, and to exercise any of the individual rights afforded to you by ADP's Business Code, or by applicable data protection laws and regulations. You may also write to us at the address in the How to Contact Us section below. If you send us a letter, please provide your name, address, email address, and detailed information about the changes you would like to make. We will respond to requests in accordance with applicable data protection laws.
9. Information Security
WorkMarket is committed to maintaining the appropriate organizational, technical, and physical controls designed to protect Personal Data entrusted to us from anticipated threats and hazards and unauthorized access and use. WorkMarket will strive to provide security that is proportional to the sensitivity of the Personal Data being protected. Additional information about ADP's Global Security Organization may be found at http://www.adp.com/trust.
10. Data Retention
WorkMarket will retain your Personal Data for as long as necessary or permitted for the purposes for which the Personal Data is processed and consistent with applicable law. Personal Data are retained, for example, as needed to fulfill the applicable business purposes, to comply with applicable laws, or as advisable in light of applicable statutes of limitations.
11. International Data Transfers
WorkMarket and ADP are headquartered in the United States of America. Your Personal Data may be accessed by or transferred to countries outside your country of residence, including to the United States or elsewhere in the world in accordance with the ADP Business Code. These countries may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those countries may be entitled to access your Personal Information.
12. Individuals Located in the European Economic Area
In addition to the rights already listed in this Privacy Statement under Section 8 and Section 9, you also have the right to data portability. A data protection officer for the European Economic Area ("EEA") has been appointed and can be reached at [email protected]. You may reach the data protection officer via mail at the address below.
Data Protection Officer - EMEA ADP Europe SAS 31 Avenue Jules Quentin 92000 Nanterre France
13. Third Parties Services
This Privacy Statement only addresses the use and disclosure of information by WorkMarket. This Privacy Statement does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating a website or service to which WorkMarket links. This inclusion of a link does not imply our endorsement of the linked site or services. Our Suppliers, Business Partners, and other third-party websites that may be accessible through WorkMarket have their own privacy statements and data collection, use and disclosure practices. We encourage you to familiarize yourself with the privacy statements provided by third parties prior to providing them with information.
WorkMarket may provide functionality allowing you to receive payments using a third-party payment service with which you have created your own account. When you use such a service to receive a payment, your Personal Data will be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Statement. We have no control over, and are not responsible for, any such third party’s collection, use or disclosure of your Personal Data.
14. Use by Minors
WorkMarket is not directed to individuals under the age or thirteen (13) and we do not knowingly collect Personal Data from individuals under thirteen (13). Concerning individuals located in EEA and UK, WorkMarket is not directed to individuals under the age of eighteen (18) and do not knowingly collect Personal Data from individuals under eighteen (18).
15. Automated Decision Making/Profiling
In some instances, WorkMarket’s use of your Personal Data may result in automated decisions being taken. Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without human review. For example, we may use your Personal Data to match you with companies looking to engage freelancers. These actions/automated decisions are necessary to provide you with the WorkMarket services and related support. We have implemented measures to safeguard the rights and interests of individuals whose Personal Data is subject to automated decision-making.
When we make an automated decision about you, you have the right to contest the decision, to express your point of view, and to require a human review of the decision. You can exercise this right by contacting the Global Data Privacy and Governance Team at [email protected].
16. Sensitive Data
Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) on or through WorkMarket or otherwise to us.
17. Changes to this Privacy Statement
From time to time, we may update this Privacy Statement, and we encourage you to review it regularly. If we make changes, we will notify you by revising the date at the top of the statement. Any changes will become effective when we post the revised Privacy Statement on our sites or within our application.
18. ADP Group Companies bound by this Privacy Statement
For a listing of ADP Group Companies bound by this Privacy Statement and the Privacy Code for Business Data, please click www.adp.com/privacy/pdf/A2CoBDC.pdf
19. How to Contact Us
Please contact us if you have questions, or comments. You may reach us via email at [email protected] or via mail at address below. If you send us a letter, please provide your name, address, email address, and detailed information about your question, comment, or complaints.
ADP Global Data Privacy and Governance Team MS 325 One ADP Boulevard Roseland, NJ 07068-1728 USA
20. How to Lodge a Complaint
If you believe that WorkMarket has not handled your Personal Data properly or that it has breached its privacy obligations, under any applicable data protection laws or the Business Code or of applicable law, you may file your complaint in writing to the address above, or via email, to the Global Data Privacy and Governance Team at [email protected]. The Global Data Privacy and Governance Team will investigate each complaint and notify you within a reasonable timeframe of the outcome of the investigation. If you are not satisfied by the resolution, you may lodge a complaint in accordance with the provisions of the Business Code.