Privacy Policy

1. Introduction

This Global Privacy Policy (“Privacy Policy”) describes how Fixgang, Inc. will gather, use, and maintain your Personal Information on the Fixgang Platform. It will also explain your legal rights with respect to that information.

By using the Fixgang Platform, you confirm that you have read and understand this Privacy Policy, and our Global Terms of Service (together referred to herein as the “Agreement”). The Agreement governs the use of the Fixgang Platform. Fixgang will collect, use, and maintain information consistent with the Agreement.

 

 

2. General Terms

In this Privacy Policy:

  • Fixgang, Inc. may be referred to as “Fixgang,” “we,” “our,” or “us.”
  • We call a user of the  Platform “User,” “Users,” “you,” “your,” or “Freelancer Client” and “Fixer,” as appropriate.
  • The mobile applications (whether on iOS or Android) are referred to as the “Apps.”
  • Fixgang’s Sites, Apps and related services, information and communications are collectively referred to as the “Fixgang Platform.”
  • “Terms of Service” refers to our Global Terms of Service, which can be found here. This Privacy Policy is incorporated into, and considered a part of, the Terms of Service.

 

  1. Information Collection
  2. Information you provide to Fixgang

Fixgang collects certain personally identifiable information about you, including information that is reasonably capable of being associated with you (“Information”). Examples of Information that Fixgang collects include but are not limited to:

Contact Information. This may include your first and last name, postal address, telephone number, and email address.

Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.

Identity Information. If you are a Fixer, we may collect Personal Information, such as your date of birth and address, national identification number if applicable, together with the result of basic criminal record checks as provided by you, or by our Third Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, and to validate your identity.

Financial Information. To help Fixers set up a payment account and help Clients make payments to Fixers and pay fees to Fixgang, we may collect financial information, including credit card number, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable. We use Financial Information in order to operate the Fixgang Platform and to ensure that Fixers are paid by Clients. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users. To keep your financial data secure, we have contracted with a third party to maintain and process your payment card information.

Promotional Information. Certain offerings of the Fixgang Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of Fixgang Platform offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage the survey, contest or similar offering in connection with our legitimate interest in promoting our business and the Fixgang Platform. To opt-out of receiving marketing communications from us, please see the Choice/Opt-Out section below.

Content Information. You also may choose to send Fixgang Personal Information in an email or chat message containing inquiries about the Fixgang Platform and we use this Information in order to help us respond to your inquiry. We also collect content within any messages you exchange with other Users through the Service (such as through our chat functionality), and we will never use or share such information for marketing purposes.

We require that you furnish your Contact Information and Financial Information when you register an account with us in order to provide services through the Fixgang Platform. For example, if you are a Client, we collect your first and last name, email address, and your zip or postal code in order to create and administer your Fixgang account. We also collect additional information in order to facilitate your booking request, such as information about the task you are seeking, the time, date and location of the task, and Financial Information. If you are a Fixer, we collect your first and last name, email address, mobile phone number and zip or postal code in order to create and administer your Fixgang account and facilitate communications between you and your Clients through the Platform. We also collect information about your tasks, rates, and skills, as well as Identity Information and Financial Information.

 

 

4. Information Fixgang Collects Automatically

We automatically collect certain information when you use the Service. The categories of information we automatically collect and have collected, including in the last 12 months, are as follows:

Service Use Data, including data about features you use, pages you visit, emails and advertisements you view, portions of the Fixgang Platform that you view and interact with, the time of day you browse, and your referring and exiting pages.

Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id. When you visit and interact with the Fixgang Platform, Fixgang may collect certain information automatically through cookies or other technologies, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type(s) of internet browser(s) you use, and information about the way you use the Fixgang Platform (“Device Information”). We may use Device Information to monitor the geographic regions from which Users navigate the Fixgang Platform, and for security and fraud prevention purposes. Use of any IP-masking technologies or similar technologies (like the TOR network) may render portions of the Fixgang Platform unavailable and are forbidden on the Fixgang Platform.

Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you visit the Fixgang Platform via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a relevant location map. We will not share your current location obtained in this manner with other Users.

We also use various Tracking Technologies (“Tracking Technologies”) to automatically collect information when you use the Fixgang Platform, including the following:

Cookies. When you visit websites our Sites, your browser may automatically transmit information to these websites throughout the visit. In a similar way, when you use our mobile applications, we will access and use mobile device IDs to recognize your device. We use “cookies” and equivalent technologies to collect information through our Site and Apps. Cookies are small data files stored on your device that act as a unique tag to identify your browser.

Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Platform. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. We utilize persistent cookies that only Fixgang can read and use, and access mobile device IDs to:

  • save your login information for future logins to the Fixgang Platform;
  • assist in processing items during checkout;
  • hold session information; and
  • track user preferences.

Session cookies make it easier for you to navigate our website and expire when you close your browser. We utilize session ID cookies and similar technologies to:

  • enable certain features of the Fixgang Platform;
  • better understand how you interact with the Sites and the Fixgang Platform;
  • monitor usage by our Users and web traffic routing on the Fixgang Platform;
  • track the number of entries in Fixgang promotions, sweepstakes and contests; and
  • identify visited areas of the Fixgang Platform.

Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Fixgang Platform and then close your browser.

Exhibit A sets out the different categories of cookies that the Fixgang Platform uses and why we use them.

We may work with third party advertisers who may also place or read persistent cookies on your browser, and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on the Sites to personalize your visit.

You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Fixgang Platform.

To change your cookie settings for cookies on the Sites, please click on the following addresses based on the browser you use: Internet ExplorerSafariChromeFirefox, and Opera.

Pixels. We and our Third Party Agents may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Fixgang Platform and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, determine the success of marketing campaigns, and compile statistics about Site usage and response rates.

 

5. Fixgang’s Use of Information

We collect and use information for business and commercial purposes in accordance with the practice described in this Privacy Policy. Our business purposes for collecting and using information include:

  • To operate and make available the Fixgang Platform. We use your data to connect you with other Users to enable the posting of, selection for, completion of, and payment for Tasks, in order to fulfill our contracts with Users;
  • For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Clients and Taskers can meet and conduct business, and in order to comply with our legal obligations;
  • To conduct identification, criminal background, and right to work checks, if applicable, and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the Fixgang Platform given that Fixers often interact directly with Clients and may enter their homes;
  • To analyze Fixgang Platform usage as necessary for our legitimate interest in improving the Fixgang Platform to grow our business;
  • To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the Fixgang Platform, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users and in promoting our business;
  • To provide you with customer support in order to fulfill our contracts with Users;
  • For internal market research for our legitimate interest in improving the Fixgang Platform to grow our business;
  • For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which Users can meet;
  • To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;
  • To enforce our Terms of Service and our legitimate interests in ensuring our Agreement is complied with; and
  • As otherwise set forth in the Agreement.

Interest-Based Advertising. Ads are a standard part of user experience on the Internet, and Fixgang believes that targeted advertising enhances this experience. Fixgang and affiliate third parties may use cookies and other technologies to place ads where they believe interested Users will see them. In addition to banner ads, Fixgang may advertise products, companies and events that we think might interest you through the email address you provide. We may incorporate Tracking Technologies into our own Service (including our website and emails) as well as into our ads displayed on other websites and services. Some of these Tracking Technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-Based Advertising”).

For more information and to understand your choices regarding third party ads, please see the “Cookies and Other Technologies and Interest-Based Advertising” in Exhibit A. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

Analytics and Market Analysis. Fixgang may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the Fixgang Platform.

Fixgang uses information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

Cell Phone Numbers. Fixgang may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about Tasks, for marketing purposes (with your consent where required by law), and to administer the Fixgang Platform. If you would like more information about our policy, or how to opt out, please review the “Choice/Opt Out” section below or Section 9 of our Terms of Service . You may be liable for standard SMS and per-minute charges by your mobile carrier. Fixgang may also message you via push notifications (with your consent when required under applicable law), which you can opt-out of on your mobile device. Data rates may apply.

 

6. Information Sharing

We only share the Information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:

Third Party Agents. We share information, including Identity Information, with entities that process information on our behalf for our business purposes. Third Party Agents assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, fraud prevention and detection, communication services, and technical support. We contractually prohibit our Third Party Agents from retaining, using, or disclosing information about you for any purposes other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

To operate the Fixgang Platform, including processing your transactions, we may share your information with our agents, representatives, vendors and service providers (“Third Party Agents”) so they can provide us with support services as follows:

  • Email origination;
  • Identity checks (currently carried out by our providers IDology (U.S), Sterling (Canada) and Jumio (U.S., France, Germany and Spain)), and criminal background checks (currently carried out by our provider Sterling in U.S. and Canada), to the extent permitted by applicable law;
  • Fraud detection (currently carried out by our providers Sift Science and Emailage). Our fraud detection providers also use information relating to you and your use of and activity on the Fixgang Platform to provide fraud detection services to their other clients;
  • Receipt, invoice, or support services;
  • Customer relationship management services;
  • Financial transaction fulfillment (in which we are currently supported by Stripe, who processes your information in accordance with its own privacy policy) and related chargeback and collection services; and
  • To otherwise help us provide the Fixgang Platform.

Partners. Some Fixgang content is “sponsored by” or “presented by” other companies. If you connect to the Fixgang Platform through a co-branded version of our Fixgang Platform or otherwise participate in one of our partner programs, we may share information about your use of the Fixgang Platform with that Partner in order to offer the integrated platform and to evaluate the partner program. We may also share your information with our Partners in order to receive additional information about you, or in order to create offers that may be of interest to you. Please check such Partner’s privacy policy before revealing information about yourself. If you don’t want these Partners to have your Personal Information, you can choose to not participate.

Promotions. When you voluntarily enter a sweepstakes, contest, or other promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners’ list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice, and/or likeness in advertising or marketing materials. We may occasionally contact you, if you want us to, with information about special events, activities, promotions, contects, submission opportunities, and programs. You always have the ability, in your Account, to ask Fixgang not to contact you with this type of information. Please see the Your Rights and Choices section for more information.

Other Users. Fixgang facilitates contact between Clients and Fixers and reserves the right to share a Fixer’s contact information (e.g. name, phone number, email, or postal address) with a Client and vice versa, or with their legal or other representative, in order to facilitate: (1) the resolution of a dispute related to or arising from an interaction between two or more Users of the Fixgang Platform; or (2) the performance of a Task. This exchange of information is a mandatory part of the Fixgang Platform.

Legal Obligations. Fixgang and our Third Party Agents may disclose information or User Generated Content, including location data or communication data, to a third party if required or permitted to do so by law or pursuant to a court order, warrant or subpoena. Fixgang reserves the right to disclose Personal Information from both private and public areas of the Site(s) and the Fixgang Platform in the absence of a court order, warrant or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Fixgang or its partners, parents or affiliates.

It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited or otherwise constrained by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).

Merger or Acquisition. Fixgang reserves the right to share information in connect with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.

Public Areas. Your profile on the Fixgang Platform consists of information about you and your business, and may include information such as photographs, your years in business, skills and expertise, hourly pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your User Profile may be visible to all Users and the general public. If you choose to post a Task via the Fixgang Platform, the contents of such listing will be viewable to Fixers you select on the Fixgang Platform.

 

 

7. Your Rights and Choices

You may opt-out of receiving promotional communications from us and our Partners, remove your information from our database, choose to not receive future promotional communications related to the Fixgang Platform, or cancel your account by logging on to the Site(s) and clicking on the “Account” tab, or by contacting us.

Account Settings. During registration you choose whether to receive marketing correspondence from Fixgang and its affiliates and Partners. This information remains on your Profile where you can, at any point, easily edit it. After logging on, click on the “Account” tab, then select “Notifications” to make your preferred selections.

Push Notifications. You have the option to receive updates and relevant offers via push notifications in your app. These notifications can be configured in the settings of your mobile device.

Corrections to Profile. You have the right to access, update, and correct inaccuracies in your Fixgang Profile at any time by logging in and clicking on the “Account” tab. There, you can view, update, and correct your Account information. Our databases automatically update any information you edit in your Profile under the “Account” tab.

So that we may protect the integrity of the Fixgang Platform, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under the age of majority in their jurisdiction of residence are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users’ ages. You may contact us  if there is a need to make a correction to such data. Please see the Children’s Privacy section for more details.

Promotional Communications. You can opt out of receiving promotional communications from Fixgang sent via email by clicking on the unsubscribe link in any message. You can opt out of receiving promotional communications from Fixgang sent via text message at any time by following the instructions provided in those messages to text the word “STOP”. Please note that your opt-out is limited to the phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, Fixgang may continue to send you non-promotional communications, such as those about your account, Tasks, transactions, servicing, or Fixgang’s ongoing business relationship with you. If you receive unsolicited email from a Fixgang domain, please let us know.

Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operations should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,”.

App and Location Technologies. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. If you do not want us to use your location anymore for the purposes set forth above, you should turn off the location services for the mobile application located in your device’s account settings, your mobile phone settings, and/or within the mobile application.

If you are a California Resident, please see the Additional Disclosures for California Residents section below.

 

 

8. Fixgang’s Information Retention Policy

We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations (see Exhibit B for exemplar document retention periods). We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.

 

 

9. Fixgang’s Security of Collected Information

Your Fixgang account is password-protected so that only you and authorized Fixgang staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Fixgang account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.

Fixgang implements and maintains reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Fixgang has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security, and making sure that every Fixgang employee is aware of our security practices. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

 

 

10. Notification of Changes

Fixgang’s Privacy Policy is periodically reviewed and enhanced as necessary. This Privacy Policy might change as Fixgang updates and expands the Fixgang Platform. Fixgang will endeavor to notify you of any material changes by email. Fixgang also encourages you to review this Privacy Policy periodically.

 

 

11. Children’s Privacy

This service is intended for a general audience, and is not directed at children under 13 years of age. In certain jurisdictions, this minimum age may be higher. Please check the Jurisdiction-specific Provisions below for more information.

We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us. We will remove the data.

We do not knowingly collect or “sell” the Personal Information of minors under 18 years old who are California residents.

 

 

12. Contacting Us

If you have any questions about this Privacy Policy or the manner in which we or our Third Party Agents treat your Personal Information, the practices of the Site, your dealings with the Fixgang Platform, or if you have technical problems, you may contact us.

Fixgang’s staff will respond to all mail or email from Users with questions about privacy, including the types of Personal Information stored on the Fixgang database, and requests to delete or rectify such Personal Information.

 
  • Google Analytics: We use Google Analytics, a web analytics service. Google Analytics uses cookies to help Fixgang analyze how visitors use the Site(s). The information generated by cookies about your use of the Site(s) and the Fixgang Platform (including your IP address) will be transmitted to and stored by a Google server in the United States. Google uses this information for the purpose of evaluating your use of the Site(s), compiling reports on Site activity for Site operators, and providing Site operators with other services relating to Site activity and Internet usage. You can prevent the storage of data relating to your use of the Site(s) and created via the cookie (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available. You can obtain additional information on Google Analytics’ collection and processing of data and data privacy and security