Fountain Privacy Policy

Effective Date: May 1, 2018

Last Updated Date: August 20, 2018


Fountain streamlines and optimizes the process of connecting Applicants with income opportunities in the gig economy.

Fountain understands that privacy is important to our Users. This Privacy Policy (“Policy”) describes how OnboardIQ, Inc. (“Fountain,” “we,” “our,” or “us”) collects and uses Personal Information (as defined below).

This Policy applies to Fountain’s website, mobile application, API, and any other online services offered by Fountain, its affiliates, or subsidiaries (collectively, the “Services”).

In this Policy, we refer to Users, Applicants, and site visitors as “you” or “your.”

“Applicants” means individuals who utilize Fountain Services to apply for jobs.

“Customers” means Fountain’s customers who use the Fountain Services to recruit and hire workforce members, including employees and contractors.

All capitalized terms that are not defined herein have the definitions given them in our Terms of Service. By using our Services, you agree to this Privacy Policy and our Terms of Service.

  1. INFORMATION FOUNTAIN COLLECTS

    “Personal Information” is information that relates to an identified or identifiable individual.

    You may choose to provide Personal Information to Fountain in order to create an account, apply for a job, or otherwise interact with the Services. The Personal Information you will be asked to provide depends on your interaction with the Services, as explained below.

    No site visitor is required to submit Personal Information on Fountain Services, and no Applicant is required to start or finish an application for employment. Please do not submit any information through the Fountain Services that you do not want either Fountain or the applicable Customer to see. If you apply for a position through Fountain Source, please do not submit (1) your phone number, if you do not want to be contacted by text or phone in connection with the application, or (2) any personal details you do not wish to appear in publicly-searchable listings, if you select the box to automatically be eligible for other gigs.

    Information that We Collect Directly Through the Fountain Services

    We collect, store, process and disclose Personal Information belonging to Applicants who apply for employment with or are employed by our Customers.

    Applications. In the event you choose to apply for a particular position, we will display the information fields the Customer has requested be collected from Applicants. Such information could include your name, photo, contact information, Social Security number, driver’s license number, passport number, residence and/or business address, and other information typically found on a job application such as your job history, education level, age, specialized skill set, and other information requested by the applicable Customer. This may also include documents you need to submit that reflect your identity or other information about you, such as your passport.

    While Applicants are in no way required to supply this information to us, please be advised that the applicable Customer may choose to ignore applications for positions that do not contain the requested information.

    Fountain does not control and is not responsible for the privacy practices of our Customers. Please review the Customer’s privacy policy, terms of use, or employment policies to learn more about their information practices, including their use of service providers like Fountain. If you have questions about a specific Customer’s privacy practices, please reach out to the Customer directly.

    Log data and metadata. We maintain logs of when and how you complete important steps in the application process or take certain actions using the Service, such as sending a message, completing application steps, or uploading a resume.

    We may collect log file information about your browser or mobile device each time you access the Service, including information such as your Internet Protocol (“IP”) address, browser type, information about your mobile device, including unique device identifier, referring/exit URLs, time you visit the Services, and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information.

    Cookies, Web Beacons, and Similar Mechanisms

    We and our third-party partners may automatically collect certain types of usage information when you visit our website or use our Service.

    Cookies. For instance, when you visit our websites, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser.

    Web Beacons. Small graphic images (also known as "pixel tags" or "clear GIFs") may be included on our Services or in our emails. Web beacons typically work in conjunction with cookies to help Fountain and Customers understand our Users and their behavior. Web beacons do not collect or track Personal Information.

    Use of data collected through these mechanisms. We may use metadata or the data collected through cookies, log files, device identifiers, location data and clear GIF information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) understand how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service); (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Services.

    Analytics and Do Not Track

    Analytics. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Service. These analytics tools may use IP address but do not use other Personal Information. These tools may, however, track your inputs of personal information into web forms that form a part of the services.

    Do Not Track. Although we do our best to honor the privacy preferences of our Users, we do not respond to Do Not Track signals from your browser at this time.

  2. HOW FOUNTAIN USES INFORMATION IT COLLECTS

    We process your Personal Information for a variety of legitimate business purposes, or with your consent, as outlined below.

    To Provide the Services

    We use information we collect, including Personal Information, to operate, maintain, analyze and improve, and provide the Services, including to facilitate your application (e.g., to communicate with you regarding your application) and to help identify new positions, Customers, or Employers that might be a good fit for you.

    Additionally, Fountain may use information, including Personal Information to:

    • Manage accounts
    • Respond to questions, comments, or other requests
    • Provide access to certain features or functionalities of the Service
    • Measure interest in Fountain Services
    • Develop new products or Services or improve existing products and Services, including research and development efforts
    • Ensure internal quality control
    • Verify individuals’ identity
    • Comply with legal requirements
    • Prevent potentially prohibited or illegal uses of the Services or enforce our Terms of Use
    • Tailor content, advertisements, and offers
    • Notify you of products, services, or offers that may be of interest to you
    • Notify you of new positions that might be of interest to you
    • Upon your request, notify new employers that you might fit their needs
    • For other purposes disclosed at the time you provide Personal Information
    • Otherwise with your consent.

    To Communicate With You

    We may use the information we collect to communicate with you, such as to send you email messages or text messages with your consent, or to permit other Users of the Services to send you such messages, and to follow up with you to offer information about our Services and your account. We may also send you Service-related emails or messages (e.g., account verification, transactional communications, change or updates to features of the Service, technical and security notices).

    To Prioritize Applicants for our Customers

    If our Customer opts in, Fountain will automatically analyze Applicant data based on the hiring preferences of our Customers in order to prioritize applications for our customers’ review. Application priority is determined by our Customers’ preferences or hiring patterns, as well as by how complete your profile or application is. They do not constitute an assessment of who the best or proper candidate is for any position; they only organize applications according to the Customers’ instructions.

  3. HOW FOUNTAIN MAY DISCLOSE YOUR INFORMATION

    To Facilitate Your Application

    We may share your Personal Information:

    1. With the Customer and/or employer who listed the position you’ve applied for if you instruct the Fountain Services to submit the information and/or application on your behalf;
    2. With a background check or identity verification service such as Checkr, where a Customer has requested background checks or identity verification as part of their employment application criteria;
    3. To obtain and verify your electronic signature where appropriate to a particular position application, or where otherwise requested by a Customer in connection with a certain type of position;
    4. To enable, effect, and facilitate messaging and conversation between Applicants and Customers via SMS or phone;
    5. To provide our Customers with the opportunity to leverage a learning management system to onboard an Applicant.

    With Third-Party Service Providers

    Fountain uses third-party service providers to operate our Services, and those third-party service providers may have access to account or application information. Fountain has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

    With the Public

    To the extent that we provide forums, blogs, or bulletins that allow you to post User-generated content, such content may become available to the public and to other members of the Service. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

    Other

    Additionally, we may share information about you in these instances:

    1. In connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and
    2. As required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Fountain, our Users, or others.

    Anonymized/De-Identified Information

    We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated or anonymized data with third parties.

  4. RETENTION OF YOUR INFORMATION

    Fountain retains the Personal Information it receives as described in this Policy for as long as you use the Services or as necessary to fulfill the purpose for which it was collected, provide our products and Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

  5. YOUR CHOICES AND RIGHTS

    You have the right to access, update, and/or correct information about you stored on Fountain’s systems and to control your communications preferences.

    How to Control Your Communications Preferences

    You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications or by contacting us as described below. We make every effort to promptly process all unsubscribe requests.

    Note that you will continue to receive Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

    Also note that others, such as your employer or potential employer, may contact you through or outside of Fountain’s Services and Fountain may not be able to control your preferences for those types of communications. Contact your employer or potential employer directly to learn more about how to opt out of communications from them.

    Rights of Access, Portability, Rectification, Erasure, and Restriction

    You may inquire as to whether Fountain is processing Personal Information about you, request access to that Personal Information, request your information in a portable format, restrict processing, and ask that we correct, amend, or delete your Personal Information where it is inaccurate.

    Accessing and Modifying Your Personal Information. You may view and modify your Personal Information through your account settings.

    If at any time you believe that an item of Personal Information about you is inaccurate and it cannot be updated through account settings, please contact us as described below as soon as possible with a description of the inaccuracy and the desired correction. We are committed to helping to maintain the accuracy and integrity of Personal Information we hold about you and endeavor to respond to rectification requests in a reasonable timeframe.

    Note that we may not be able to modify your information in all circumstances. For example, information we collect in the course of providing the Services is shared with our Customer and we do not control that information once it has been shared with our Customer.

    Erasing Your Personal Information. If you wish to erase the Personal Information Fountain holds about you, please contact us as described below.

    Note that in some cases we may not be able to erase your Personal Information, in which case we will let you know if we are unable to do so and why.

    Restriction and Portability Requests. If you wish to restrict Fountain’s processing of your data or wish to request information Fountain holds about you in a portable format, please contact us as described below.

    If you have any questions about reviewing, modifying or deleting your account information, contact us as described below.

  6. INTERNATIONAL USERS

    Your Personal Information collected through the Services may be stored and processed in the United States and in any other country in which Fountain or its subsidiaries, affiliates or service providers maintain facilities.

    If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we will transfer information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Fountain or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

    By choosing to visit our website and use our Services, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of California, and the adjudication of any disputes arising in connection with Fountain or its Services will be in accordance with this Policy and Fountain’s Terms of Service.

  7. SECURITY

    Fountain cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot 100% guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, Fountain will investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

  8. CHILDREN’S PRIVACY

    Fountain does not knowingly collect or solicit any information from anyone under the age of 13 (and in some jurisdictions, 16) or knowingly allow such persons to register as Users. In the event that we learn that we have collected Personal Information from a child under age 13 (and in some jurisdictions, 16), we will delete that information as quickly as possible. If you believe that we might have any information from a child, please contact us as described below.

  9. LINKS TO OTHER WEB SITES AND SERVICES

    Our Services may integrate with or contain links to other third-party sites and services. We are not responsible for the practices employed by third-party websites or services embedded in, linked to, linked from, or connected with the Services and your interactions with any third-party website or service are subject to that third party’s own rules and policies.

  10. CHANGES TO THIS POLICY

    Fountain may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the Policy we will update the ‘last modified’ date at the top of this page.

  11. PRIVACY SHIELD

    Fountain participates and has certified compliance and will comply with both EU-U.S. and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We ensure that the Privacy Shield Principles apply to all information about you that is subject to this privacy policy and is received from the European Union, the European Economic Area, and Switzerland.

    Fountain has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit U.S. Department of Commerce's Privacy Shield List.

    Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

    Fountain may disclose data in response to lawful requests by public authorities, and to meet national security or law enforcement requirements.

    In compliance with the EU-US and Swiss-US Privacy Shield Principles, Fountain commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Statement should first contact Fountain’s DPO or at: [email protected] or by mail Attn: DPO, Fountain, Inc., 625 Market Street, Suite 500, San Francisco, CA ,94105

    You may seek independent dispute resolution from the appropriate body designated to address complaints and provide appropriate recourse free of charge to you. For individuals protected under the EU-U.S. Privacy Shield, contact the European data protection bodies listed here. For individuals protected under the Swiss-U.S. Privacy Shield, you may contact the Swiss Federal Data Protection and Information Commissioner, here. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

    Under certain conditions, if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration.

  12. HOW TO CONTACT US

    If you have any questions about this Privacy Policy or the Service, please contact us at [email protected].

    Fountain, Inc.

    625 Market Street, Suite 500

    San Francisco, CA 94105

    (415) 854-7333

    For GDPR-related issues

    Ken Baylor

    Data Protection Officer

    2 Ashton Place

    Gardiner's Hill

    Cork, Ireland

    [email protected]

    (650) 399-9979