1. Introduction

This Global Privacy Policy (“Privacy Policy”) describes how OnQall, Inc., and its subsidiaries, (together as “OnQall”) collects, uses, retains, discloses, and deletes your Personal Information on the OnQall websites and apps (the “Platform”). It also explains the legal rights and options with respect to your information depending on where you reside.

By using the Platform, you confirm that you have read and understood this Privacy Policy, and each applicable Terms of Service (together referred to as the “Agreement”).

2. General Terms

In this Privacy Policy:

• OnQall, Inc. and Dolly, Inc. are referred to as "OnQall," “we,” “our,” or “us.”
• Users of the Platforms (Clients, Taskers, Helpers, or Hands) as “You.” 
• The “Platform” refers to OnQall’s websites: www.OnQall.com and local variants, as well as its mobile applications, “OnQall.
• “Terms of Service” refers to the applicable legal terms you agree to when you use one of our products or services. The “OnQall Terms of Service” refers to the Terms of Service governing your use of the OnQall website and app, which can be found here. In addition, the “OnQall Terms of Service” refers to the Terms of Service governing your use of OnQall’s website and app, which can be found here. This Privacy Policy is incorporated into, and considered a part of, Dolly and OnQall’s Terms of Service.
• “Personal Information” is information that can directly or indirectly identify, or can reasonably identify, an individual, to the extent regulated under applicable privacy laws. 

3. Collection of Personal Information 

We collect personal information directly from you when you provide it to us or from your use of the Platform. Some examples of Personal Information we collect includes the following:

• Contact Information, such as your first and last name, email address, physical address, and phone number which is needed to set up an account.
• Billing Information, such as your credit or debit card number, expiration date, security code, and zip code.
• Identity Information, such as your date of birth, and depending on where you reside, your social security, tax ID number, VAT ID number, or social insurance number, and photo of your ID document such as your passport, local ID, or driver’s license.
• Promotional Information, such as the information you provide when you participate in surveys, contests, or similar offerings. 
• Job Applicant Information, such as employment and education history from resumes, writing and work samples, references as necessary to consider you for open positions, and any responses to custom questions e.g., your LinkedIn profile, how far you live from the office, willingness to work in-office, whether you’re authorized to work in the country where the job is listed, whether you require future sponsorship for employment, or your desired salary expectation.
• User Generated Content Information, such as information submitted via email or chat messages between you and us or between you and other users. This can include photos shared between users or by a Tasker via chat  related to the performance of a Task.
• Booking Information, such as information about the task or job you are seeking e.g., the time, date, and location. If you are a Tasker, we also collect information about your tasks, rates, and skills. 
• Driver’s License and Vehicle Information, such as your vehicle type, year, make and model. 
• Background Check Information, such as results of your background check which may include any criminal violations.
• Data from Cookies and Similar Technologies as described in our Cookie Policy which sets out the different categories of cookies and similar technologies that the Platform uses and why we use them.
• Device Data, including data about the type of device or browser you use, your device’s operating system, internet service provider, device’s regional and language settings, and device identifiers such as IP address and AD ID. 
• Location Data, including location data such as those derived from an IP address or data that indicates a city or postal code level or latitude/longitude data. 
• Service Use Data, including your activities on the Platform’s features and webpages, the time of day you browse, and emails and advertisements that you view and may interact with.

Third Party Information. If you registered through one of our partners, they may provide us with information such as your name, address, phone number,  email, order number, or purchase history related to your requests.

4. Use of Personal Information

We use your Personal Information for business and commercial purposes, which includes the following purposes: 

• To operate and make available the Platform. 
• To connect you with other users to fulfill a Task or a Job;
• To personalize your experience on the Platform;
• For billing and fraud prevention to ensure a safe and secure environment to facilitate financial transactions;
• To conduct identification and criminal background checks, as permitted by applicable laws;
• To ensure the safety of our users both online and offline; 
• To maintain the integrity of the Platform;
• For analysis to improve the Platform;
• To contact you with transactional and promotional communications;
• To provide you with customer support, and to assist in the resolution of your, or a third party’s, complaints;
• To advertise our Platform’s or a partner’s products or services that we think might interest you. For more information and to understand your choices regarding third-party ads, please see our Cookie Policy.
• To enforce the relevant Terms of Service; and
• As otherwise set forth in other terms of the Agreement or as otherwise permitted under applicable laws. 

5. Disclosure of Personal Information

We share your Personal Information with third parties for the following purposes:

Subsidiaries. To promote and improve each other’s products and services.

Service Providers. To operate the Platform and process Personal Information in accordance with OnQall’s instructions and on its behalf, such as the following business and commercial purposes: 

• Email origination;
• Identity and criminal background checks as permitted under applicable laws;
• Fraud prevention and detection;
• Receipt, invoice, or support services;
• Customer relationship management services;
• Data analytics;
• Marketing and advertising;
• Website hosting;
• Communications services;
• Technical support;
• Financial transaction fulfillment and related chargeback and collection services; 
• For registrant processing to onboard you on the Platform; and
• As otherwise set forth in other terms of the Agreement or as otherwise permitted under applicable laws. 

Promotions or Offers. When you voluntarily enter a sweepstakes, prize draw, contest, promotion, or offering, we may share your Personal Information with the partner to provide you with the product or service requested. 

Advertising. We may share your Personal Information with third parties for advertising purposes.

Other users. We may share your contact information with another user, or their legal or other authorized representative, to resolve an investigation or dispute related to, or arising from, an interaction between you and another user of the Platform, or between us and a third party related to the Platform.

Legal Obligations. We may disclose your Personal Information to comply with applicable laws, or as requested by courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, to the extent permitted under applicable laws, or where disclosure is reasonably necessary to address any activity that may expose us or a third party to legal or regulatory liability.

We may also disclose your Personal Information to a relevant third party in our sole discretion, and to the extent permitted by applicable law, if we have reason to believe there has been an injury or an actual or possible interference with the rights of users, OnQall and its parents, partners, or the general public.

Merger or Acquisition. We may also share your Personal Information with interested parties in connection with, or during negotiations of, any proposed or actual merger, purchase, or sale of all or any portion of our assets to another business.

6. Retention of Personal Information  

We retain your Personal Information for as long as necessary to provide you with our products or services and fulfill the purposes described in this Privacy Policy. When we no longer need to use your information and there is no need for us to keep it to comply with our legal obligations or to the extent permitted under applicable laws, we’ll either delete it from our systems or deidentify it so that we can’t use it to reidentify you. 

7. Your Rights and Choices

Depending on where you live, you may have certain privacy rights under regional or local law.

Opt-Out of Promotional Communications. You may opt-out of receiving or promotional updates via email, SMS, or push notifications, on web and app, by visiting the “Notifications” page in your Account Settings and setting your preferences. Other opt-out mechanisms include:

• Opt out of promotional email marketing by clicking on the unsubscribe link in the email; 
• Opt out of promotional text messages by following the instructions provided in those messages to text the word "STOP." 

We may still continue to send you transactional communications, such as those about your account, Tasks or Jobs, transactions, servicing, or ongoing business relationship with you. 

Right to Access and Data Portability. You have the right to access the Personal Information we have about you. In particular, you have the right to request the following from us:

• The categories of Personal Information we have collected about you;
• The categories of sources from which the Personal Information was collected;
• The categories of Personal Information about you we disclosed for a business purpose or sold;
• The categories of third parties to whom the Personal Information was disclosed for a business purpose or sold;
• The business or commercial purpose for collecting or selling the Personal Information; and
• The specific pieces of Personal Information we have collected about you

Right to Correct. You have the right to update and correct inaccuracies in your account at any time by logging in and clicking on the “Account” tab. There, you can view, update, and correct your account information. 

Right to Delete. You have the right to delete the Personal Information we have about you. Please note we may retain certain Personal Information to comply with our legal obligations or to the extent permitted under applicable laws.

Right to Non-Discrimination. You have the right to non-discriminatory treatment by us should you exercise any of these rights.

To exercise any of these rights, please submit a request here and select “Consumer Rights Requests.” We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.

8. Contacting Us

If you have any questions about our this policy or our privacy practices us, you may contact us

9. Jurisdiction-Specific Provisions

Residents of the United States 

Right to Opt-Out of Sale. OnQall does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in Section 5, OnQall’s Use of Information, as a “sale,” you have the right to opt-out of the sale of your Personal Information by us to third parties at any time. You may request to opt-out by clicking Do Not Sell My Personal Information and making your choice.

California Residents. California residents may request: a list of the categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes, and a list of the categories of third parties to whom we have disclosed such information. To exercise a request, please submit a request  and select “Consumer Rights Requests.” Note we may request additional information to verify your identity and confirm your California residence.

Residents of Canada

Transfer Of Data. We and our affiliates primarily store your Personal Information on servers located and operated within the United States to provide and operate the Platform. By accepting the terms of this Privacy Policy, you acknowledge the transfer to and processing of your Personal Information on servers located in the U.S..

Residents of the European Economic Area (EEA), Switzerland, and the United Kingdom

Controller. OnQall, Inc. is the data controller for your Personal Information.

Legal Bases for Using Your Personal Information

In accordance with the General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK GDPR”), we rely on the following legal basis for processing your Personal Information: 

Performance of a Contract 

We process the following information where it is necessary for us to carry out a contract to which you are party to or take steps before you enter into a contract with us or another user of the Platform: 

• Contact Information 
• Billing Information 
• Booking Information 
• User-Generated Content Information 
• Driver’s License and Vehicle Information 
• Third Party Information 

For the following purposes:

• To operate and make available the Platform; 
• To connect you with other users to fulfill a Task or a Job;
• To process payments;
• To provide you with customer support, and to assist in the resolution of your, or a third party’s, complaints; or 
• To enforce the relevant Terms of Service. 

Consent 

We process the following information where you have given your consent:

• Contact Information
• Promotional Information 
• Data from Cookies or Similar Technologies 

For the following purposes:

• To contact you with transactional and promotional communications.
• To advertise our Platform’s or a partner’s products or services that we think might interest you. For more information and to understand your choices regarding third-party ads, please see our Cookie Policy. 

You have the right to withdraw your consent for the processing at any time. If you would like to withdraw your consent please submit a request here and select “Consumer Rights Requests.” We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.

To comply with our legal obligations 

We rely on this legal basis where the processing is necessary to comply with legal or regulatory obligations. The categories of information we process will depend on the factual circumstances and could include any of the categories listed in this Privacy Policy. 

For the following purposes:

• For billing and fraud prevention to ensure a safe and secure environment to facilitate financial transactions;
• As otherwise set forth in the Terms of Service or as otherwise permitted under applicable laws;
• To conduct identification and criminal background checks, as permitted by laws; 
• To ensure the safety of our users both online and offline; or
• To maintain the integrity of the Platform.

Legitimate Interests 

We rely on our legitimate interests or those of a third party where they are not outweighed by your interests and fundamental rights, to process the following information: 

• Contact Information 
• Identity Information 
• User-Generated Content Information 
• Booking Information 
• Job Applicant Information – to manage recruitment
• Device Data  
• Location Data  
• Service Use Data 
• Data from Cookies and Similar Technologies

For the following purposes:

• To operate and make available the Platform;
• To connect you with other users to fulfill a Task or a Job;
• For billing and fraud prevention to ensure a safe and secure environment to facilitate financial transactions;
• To ensure the safety of our users both online and offline;
• To maintain the integrity of the Platform;
• For analysis to improve the Platform; or
• To provide you with customer support, and to assist in the resolution of your, or a third party’s, complaints. 

It is in our legitimate interest to process the information for the above purposes so that we can provide you with an innovative product and keep it secure.

You have the right to object to processing based on legitimate interests. If you would like to object to the processing please submit a request and select “Consumer Rights Requests.” 

Your Rights 

Right to Object to Processing

You may object to our processing of your personal information where we rely on legitimate interests as the legal basis. We will stop processing your information unless we can demonstrate compelling legitimate grounds for the processing, or if it is required for legal claims.

Right to Withdraw Consent

Where we rely on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent.

Right to Lodge a Complaint

You have the right to lodge a complaint with your local supervisory authority. If you are located in the EEA, UK or Switzerland, you can contact the data protection authority in your country of residence. 

How to Exercise Your Rights

To exercise any of these rights, please submit a request here and select “Consumer Rights Requests.” We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.

How We Transfer Your Personal Information 

EU-US Data Privacy Framework (DPF) and the UK Extension to the EU-US DPF

OnQall is a participant in the EU-US Data Privacy Framework (DPF) and its UK extension as set forth by the US Department of Commerce. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about DPF and to view our self-certification, please visit here.

 

As a participant of DPF, OnQall is committed to transferring the personal information of all EU and UK residents in compliance with DPF Principles.

 

As explained in this Privacy Policy, OnQall may disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

 

If we transfer personal information about an EU or UK resident to a third party, the third party’s use, retention, or disclosure must also follow our DPF obligations. OnQall recognizes our potential liability under the DPF for the third party's failure to adhere to DPF principles concerning your personal information.

 

OnQall is committed to resolving inquiries and complaints about our privacy program's adherence to DPF. If you have any inquiries or complaints regarding our privacy program, you may contact us.

 

If we are unable to resolve your inquiry or complaint, you may contact an independent dispute resolution body, free of charge to you. You may contact our US-based third-party dispute resolution organization, JAMS, here. If neither OnQall nor JAMs is unable to resolve your complaint,  you may, under certain circumstances, pursue binding arbitration.

 

Additional recourse mechanisms include contacting the following independent dispute resolution bodies: for EU residents, you may contact EU Data Protection Authorities here. For UK residents, you may contact the UK Information Commissioner's Office here. In the US, OnQall is subject to the investigatory and regulatory enforcement of the Federal Trade Commission.