Last revised: January 2022
Information Collection and Use
Our primary goals in collecting, using, and processing information via the Platform are to provide Users with access to and use of our Platform, to improve and further develop our Platform, and to enable users to enjoy and easily navigate the Site.
We collect personal information that you voluntarily provide to us when you express interest in obtaining information about us or our products and services when you participate in activities on the website or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the website, the choices you make, and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect names; email addresses; job titles; company names; and other similar information.
Personally Identifiable Information
- In the course of using the Platform (whether as a Client or Contractor), we may ask you to provide us with or grant us access to, or permission to obtain, certain personally identifiable information that can be used to contact or identify you; personally identifiable information may include, but is not limited to, your name, company name, email address, postal address, work experience and interests, and phone number (“Information”).
- If you use the Platform to make or receive payments, we will also collect certain Personal Information such as credit card information, Square, Stripe, or other financial account information, and billing address.
- We may collect additional Personal Information to validate your identities, such as your date of birth, place of birth, or taxpayer-identification number. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third-party databases or request a credit report.
- As further described in our Terms of Service, you may register or input data onto our Platform directly via the Site or by logging into your account with certain third-party social networking services (including, but not limited to, LinkedIn or Facebook) (“SNS”) via our Site. If you choose to input data via an SNS, we will use the Personal Information you have provided to the SNS (such as your ”real” name, email address, gender, prior experience, and other information you make publicly available via the SNS) to modify and update your account; the information we extract may depend on the privacy settings you have with the SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Platform, and Nesh is not responsible for its accuracy, legality, or non-infringement.
- We also collect other information that you provide in connection with your use of the Platform (e.g., zip code (on its own) and individual preferences) (“Non-Identifying Information”). We collect additional Non-Identifying Information from Clients in the form of information related to jobs posted via the Platform (e.g., budget, location, history of job listings, the timing of job performance, and feedback/rating information). We also collect additional Non-Identifying Information from Contractors in connection with Contractor profiles (e.g., information on jobs previously performed, skills, hourly pay rates, and feedback/rating information).
- We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Platform, complete your transactions, and administer your inquiries.
When you register for the Platform, you will be opting-in to receive Nesh emails, newsletters, marketing, and/or promotional materials. We will also use your Personal Information to send this content to you. If you decide at any time that you no longer wish to receive such communications from us, you can opt-out by emailing us at firstname.lastname@example.org Please note that any such opt-out applies solely to marketing-related emails. Nesh will still need to communicate with you via email regarding non-marketing-related matters related to the Platform and you acknowledge and agree that Nesh has the right to do so.
Nesh’s Use of Personal Information
Nesh uses Personal Information for the following general purposes:
- To provide our products and the Platform,
- For billing, identification and authentication, and fraud prevention,
- To analyze Site usage and improve our products and the Platform,
- To contact you and deliver administrative notices and communications relevant to your use our products and services,
- For internal market research, troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity,
- For distribution to third-party contractors that provide services to Nesh and partners of Nesh who are bound by confidentiality obligations with respect to any Personal Information that we share with them,
- To enforce our Terms of Service, and
We may employ third party companies and individuals to facilitate our Platform, to provide the services of the Platform on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection, and improvement of the Site’s features) or to assist us in analyzing how our Site and Platform are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Although we ensure that our third-party agents (“Agents”) receiving your information are bound by confidentiality obligations. Nesh is not responsible for and shall not be liable for any issues that may arise regarding the Privacy Policies of any of its agents, affiliates, advertiser, and/or any other third parties. By using this website, you do hereby agree to hold Nesh indemnify, defend and hold harmless Nesh from any claims and/or damages that may arise from the actions of any of Nesh’s Agents, affiliates, and/or advertisers.
Nesh may analyze Personal Information and Web Navigational Data based on your interests and may use the analysis from this information in a way that does not contain any Personal Information (“Market Research”) in order to:
- Market the Platform
- Improve the likelihood of a sale to a new Users
- Increase the likelihood that a User’s experience with the Platform is relevant to its interests
Nesh uses data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Research.
- When you submit information to Nesh, it is collected, processed, and maintained solely by us or by third-party Agents who are bound by confidentiality obligations. We may allow our business partners to collect information about Users that is not extremely sensitive Information. If you would like to opt-out from the onward transfer of your information to our non-agent partners, you may send us an email. Include the word “privacy” in the subject line of the email and all your registration information in the body of the email.
- Nesh reserves the right to disclose Personal Information from both private and public areas of this website at our discretion, if required by law or if we are given reason to believe, in our sole discretion, that such disclosure is necessary in order to prevent harm to our Platform or our Users or to protect the rights of our Users, the general public, or Nesh, to comply with a judicial proceeding, court order or legal process.
Client-Contractor Communication and Work Product
As part of the Platform, we may collect information and communication transferred between Client and Contractor, including without limitation the Work Product. Such data may include information input, sent or delivered by the Contractor or Client such as a memo, project details and timeline and responses to queries. Nesh may use this information for statistical analysis, product development, marketing, and research. Except as noted above, we do not treat information contained in these communications as Personal Information, but we may use such information in association with Personal Information, and we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. For any communication outside the platform, we encourage Clients and Contractors to copy email@example.com. This will help in the unlikely event of a dispute.
When you visit the Site, whether as a registered user or a non-registered user just browsing the Site (a “User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser software version or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, the information you search for on our Site, access times and dates, and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze this type of information in order to increase our Site’s functionality and user-friendliness, to better tailor it to our visitors’ needs, and to detect suspicious activity. These third-party service providers have their own privacy policies addressing how they use such information. We do not treat Log Data as Personal Information, but we may use it in association with Personal Information, and we may aggregate, analyze and evaluate such Log Data for the same purposes as stated above regarding other Non-Identifying Information.
Identity theft and the practice currently known as “phishing” are of great concern to Nesh. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. We advise you not to respond to and to promptly report any email or telephone communication purporting to be from Nesh in which such information is collected. For more information about phishing, visit the Federal Trade Commission’s website.
We collect feedback from users about their experience with other users of the Platform. Please note that any User feedback provided via the Platform will be publicly viewable via the Platform.
Compliance With Laws and Law Enforcement
Nesh cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to the government or law enforcement officials or private parties as we, in our sole discretion, believe it necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of Nesh or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Nesh is very concerned with safeguarding your Personal Information. The security of such Personal Information is important to us. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems. When you use the Platform to share Work Product and Personal Information, that Work Product and Personal Information will be made available to the Users with whom you agree to share such information. These Users, and not Nesh will be responsible for the privacy and security of your Work Product and Personal Information in accordance with the terms of any arrangement, including, without limitation, any non-disclosure agreement entered into with these other Users.
Links to Other Sites
Our Site contains links to other websites. If you choose to click on a third-party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
This Site is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 13 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files.