Updated: December 10, 2021
GIS Workshop, LLC, doing business as gWorks (“Company” or “We” or “Us” or “Our”), respects your privacy and is committed to protecting it through our compliance with this policy.
This policy applies to our websites, our web-based and mobile apps, and other products, services, and features (our “Services”) and describes our practices for collecting, using, maintaining, protecting, and disclosing information when you use the Services.
This policy applies to information we collect:
- On our website, gworks.com.
- On our mobile applications.
- On our County WebGIS application.
- On our SimpleCity Cloud and Desktop applications.
- On our gWorks Cloud applications, which includes all Hubs, add-ons, settings, administrative control, and future releases.
- On our custom applications.
- In email, text, and other electronic messages between you and us.
- From your employer or your employer’s designated administrator (collectively, your “Employer”) when they access the Services or verify your identity.
- From you when you access the Services, create an account, or verify your identity.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
This policy does not apply to information collected by:
- Us offline or on any other website operated by any third party; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Information We Collect
The information we may collect through our Services includes:
- Personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, and other information (“personal information”). We collect this information for the purpose of providing the Services, identifying and communicating with you, responding to your requests/inquiries, and improving our services.
- Payment information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange our products, or request information about our Services.
- Federal Employer Identification Number (FEIN)
- Tax withholding selections, including your tax filing status, jobs you have worked in the past calendar year, and the number of dependents you have
HEALTH AND WELFARE BENEFITS INFORMATION
- Identification information for you and your dependents
- Life events and conditions that impact your eligibility for benefits, such as marital status, employment information, and disability or illness information
- Insurance policy information, such as plan numbers, benefits and coverage information, and premium amounts
- Insurance claim information, such as monetary amounts, and other information required to process and verify claims
- Information about your internet connection, the equipment you use to access the Services, and usage details, including IP address, browser type, operating system, access times, and the pages you viewed directly before and after accessing the Services.
How We Collect Your Information
We collect information from and about users of our Services:
- Directly from you when you provide it to us.
- From your Employer when they provide it to us.
- Automatically when you use the Services.
Information You Provide To Us
We collect the information you provide directly to us, for example, when you create an account, participate in interactive features of the Services (such as online chat or message boards), fill out a form, respond to a survey, request customer support, or otherwise communicate with us via the Services. Such information may include personal information, payment information, and any other information you choose to provide.
Information Your Employer Provides to Us
We collect information your Employer is authorized to provide to us, for example, when your Employer creates an account or verifies your identity. Such information may include Personal Information, payment information, and any other information your Employer is required to provide in order for you and your Employer to make full use of the Services.
We may also collect and receive information about you, including Personal Information, from third parties associated with your Employer, such as accountants, service providers, financial institutions, insurance carriers, and third-party administrators.
Information We Collect Automatically When You Use The Services
When you access or use the Services, we automatically collect information about you, including the following:
- We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before and after navigating to the Services.
- We use various technologies to collect information, including sending cookies to your computer or mobile device and placing web beacons on pages of the Services.
- Cookies are small data files stored on your hard drive or in device memory that help us to improve the Services and your experience, see which areas and features of the Services are popular, and count visits. Most browsers are set to accept cookies by default.
- Web beacons are small electronic files (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related Services statistics (for example, recording the popularity of certain Services content and verifying system and server integrity).
We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Services through the use of first-party cookies and third-party cookies to, among other things, analyze and track users’ use of the Services, determine the popularity of certain content, and better understand online activity. By accessing the Services, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their respective privacy policies and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor’s website or Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the Services and their contents, and any other information, products, or services that you request from us, including by:
- Responding to your questions and support requests
- Sending you surveys and other reuqest for feedback on the Services
- Determine your eligibility for our Services
- Improve, personalize, and enable your use of the Services
- Operate our business, including by:
- Processing payment transactions
- Enforcing contracts with users and third parties
- Generating aggregated data or anonymized data
- Fulfill any other purpose for which you provide it.
- Give you notices about your account.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Protect the interests of gWorks, our users, the public, and comply with applicable law or legal process, including by:
- Validating user information for fraud and risk detection purposes
- Responding to claims and legal process, such as subpoenas and court orders
- Preventing and stopping illegal activity
- Monitoring and enforcing compliance with any orders, scopes of work, our Master Services Agreement, and Terms of Service
- Protecting the rights of users and third parties
- Notify you when Services updates are available, and of changes to any products or services we offer or provide though it.
- The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Services according to your individual interests.
- Speed up your searches.
- Recognize you when you use the Services.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To business partners with whom we jointly offer products or services, such as insurance carriers and third party administrators. We share your protected health information (as defined in 45 C.F.R. Part 160) only (a) as authorized by you; (b) as necessary to provide the Services to you; and (c) in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”), as amended from time to time.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Services users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” .
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including any orders, scopes of work, the Master Services Agreement and Terms of Service, and for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
Location Information. You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Services may then be inaccessible or not function properly.
Promotion by us. If you do not want us to use your email address to promote our own or third parties’ products or services, you can opt-out by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org.
Targeted Advertising by us. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to email@example.com.
Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.
If you are a California resident, you can read about your additional rights below in the Privacy Notice for California Residents section.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the Services and visiting your account profile page. You may also send us an email at email@example.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Send “Do Not Track” Signals
Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt-out of receiving marketing from us as described above.
Policy for Children
We do not knowingly solicit information from or market to children under the age of 13. If you are under 13, do not use or provide any information through the Services or on or through any of their features. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Effective Date: December 10, 2021
Last Updated on: December 10, 2021
Information We Collect
We collect Personal Information, which identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal Information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
gWorks does not sell personal information. We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In particular, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:
- Personal information categories listed in the California Customer Records Statute, (Cal. Civ. Code § 1798.80(e)).
- Protected classification characteristics under California or federal law.
- Commercial information.
- Internet or other similar network activity information.
- Geolocation data.
- Professional or employment-related information.
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Services.
Use of Personal Information
We may use, or disclose the Personal Information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Services, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To help maintain the safety, security, and integrity of our Services, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Services, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.
We will not collect additional categories of personal information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed Personal Information for a business purpose to the following categories of third parties:
- Service Providers
- Business Partners
We do not sell Personal Information. In the preceding twelve (12) months, gWorks has not sold Personal Information to the categories of third parties listed above.
Your Rights and Choices
The CCPA provides California residents with rights regarding their Personal Information. To exercise these rights, please contact us as set forth below. We may direct you to contact your employer to exercise your data subject access request depending on the Services at issue related to your Personal Information.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you the categories of Personal Information we collected about you; the categories of sources for the Personal Information we collected about you; our business or commercial purpose for collecting or selling that Personal Information; the categories of third parties with whom we share that Personal Information; if we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing sales, identifying the Personal Information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained; and the specific pieces of Personal Information we collected about you (also called a data portability request).
Right to Delete
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. You do not need to create an account with us to submit a request to know or delete. We will only use Personal Information provided in the request to verify the requestor’s identity or authority to make it.
You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact firstname.lastname@example.org.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”), we may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the personal information of individual located in the EU, including where:
- Necessary to perform a contract we have with you, such as our terms of engagement, and to provide services;
- You have consented to the processing (in which case you may revoke your consent at any time);
- Necessary for us to comply with a legal obligation, or to establish, exercise or defend legal claims;
- Necessary to protect your vital interests or those of others;
- Necessary in the public interest; and
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of clients, partners, staff or others, provided that those interests are not overridden by your interests or fundamental rights and freedoms.
Where we collect, use, disclose and otherwise process your information based on legitimate interests, we may rely on the following interests:
- Provision of services: We use your information to provide services to you and others.
- Keeping our services safe and secure: We use your information in certain instances as necessary to pursue our and your legitimate interests of keeping some of our services, such as our domains, websites, apps, offices and events, safe and secure. For example, we collect IP addresses to ensure our website and apps are not subject to fraudulent access.
- Marketing our services: We use your information as necessary to pursue our legitimate interests in marketing our services.
- Providing, improving and developing services: We use your information as necessary to pursue our legitimate interests in tailoring and improving our services. For example, if you are a customer, we may send you a survey or questionnaire to understand your experience in obtaining services from us.
- Providing seamless services with our affiliates: In some cases, the services require the engagement of, or sharing of your information with, other companies affiliated with us.
If you are located in the EU, under certain circumstances, you may have certain legal rights under the GDPR, including:
- To access the personal data we maintain about you
- To receive information about how we process your personal data
- To correct your personal data
- To have your personal data erased
- To object to or restrict how we process your personal data
- To request your personal data be transferred to a third party
- To withdraw any consent you may have given us to process your personal data
If you are an EU resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address or number below. If you are located in the EU and you believe that we have infringed your rights under the GDPR, please contact us by sending an email to email@example.com or calling us at: (888) 608-7666.
You have the right to lodge a complaint with a supervisory authority, in particular in your applicable Member State.
GIS Workshop, LLC dba gWorks
3905 S. 148th St., Ste 200, Omaha, NE 68144
(888) 608-7666; firstname.lastname@example.org