We know that your privacy is important to you, and we work hard to earn and keep your trust.  Croft Technology, Inc. (collectively with its subsidiaries, “Company,” “we,” “us,” and “our”) respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy”). 

This Policy describes:

• The types of information we collect from you or that you may provide when you visit our website or web application, as well as any other websites and applications directly owned by the Company where this Policy is linked (collectively, our “Platform”).  
• Our practices for collecting, using, maintaining, protecting, and disclosing that information. 

Users. This Policy applies to your use as a user of the Platform, such as Worker, an employee or contractor of an Employer, Agent, Other Employer Partner, or other registered user of the Platform (collectively, “you” or “your”). 

• A “Worker” is an individual that will be working for an Employer, whether as a United States citizen or as an H2A Worker. 
• An “H2A Worker” is an individual specified on a H2A visa application that will be working for an Employer. 
• “Employer” includes farm labor contractors, growers and associations, and other employers of Workers. 
• “Agents” may include, but are not limited to, H2A processing agents and law firms of an Employer.
• “Other Employer Partners” may include, but are not limited to, recruiters, transportation partners, food service providers, healthcare service providers, applicable government agencies, and other third-party vendors.  

Applicability. This Policy applies to information we collect on the Platform or in emails and other electronic messages between you and the Platform. This Policy does not apply to information collected by us offline or through any other means, including on any other website, platform, or application operated by the Company or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Platform (for further information, see below, “Third-party Technologies”). 

Acknowledgement. Please read this Policy carefully to understand our practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, then please do not use our Platform.  By using our Platform, you agree to the terms of this Policy.  This Policy may change from time to time (see below, “Changes to this Policy”).  Your continued use of our Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. 

Platform Terms of Use. This Policy should be read in conjunction with our Platform Terms of Use, into which this Policy is incorporated by reference.

Other Agreements. Use of the Platform and any user information associated with the Platform may also be subject to the terms of separate written agreements (the “Employer Agreements”) between Company and Employers.  When applicable, this Policy may be superseded by specific terms in the Employer Agreements.  If you use or submit any materials on the Platform as an employee or contractor of an Employer, or as an Agent or Other Employer Partner, you agree to be bound by any applicable Employer Agreements, as well as any posted Employer guidelines and policies related to the materials you wish to use or submit, as applicable.  When applicable, if you do not agree to the terms of the Employer Agreements, you will not be able to use the Platform.

Personal Information.

To ensure that we provide you with the best possible experience, we will store, use, and share personal information about you in accordance with this Policy.  Personal information is information that identifies, relates to, is reasonably capable of being associated with, directly or indirectly, a particular individual (“Personal Information”). In particular, the Platform may collect the following categories of Personal Information from the various users of the Platform:

Worker.

As a Worker, you may have the opportunity to provide, or the Platform may collect, certain Personal Information. Such Personal Information includes but is not limited to:

• Personal Identifiers. A first and last name, date of birth, email address, postal address, phone number, unique personal identifier, and online identifier. 
• Protected Classification Characteristics. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
• Sensitive Personal Information. Social Security number or National ID Number, driver’s license, state identification card, visa information, account log-in, racial or ethnic origin, health and sexual orientation.
• Physical Characteristics. Height, weight, size, and other bodily characteristics. 
• Professional or Employment Related Information. Current or past job history, including any information contained in a resume.
• Internet or Other Similar Network Activity. Browsing history, search history, information on your interaction with the Platform. 

Employees, Agents, and Other Employer Partners.

As an employee or contractor of an Employer, Agent or Other Employer Partner, you may have the opportunity to provide, or the Platform may collect, certain Personal Information. Such Personal Information includes but is not limited to: 

• Personal Identifiers. A first and last name, email address, postal address, phone number, unique personal identifier, and online identifier. 
• Internet or Other Similar Network Activity. Browsing history, search history, information on your interaction with the Platform. 

Sources of Personal Information.

We obtain the categories of Personal Information listed above from the following categories of sources:

Directly from you.

For example, when you: 

• register yourself with the Platform;
• subscribe to one of our e-newsletters; 
• as a Worker, Employer, Agent, or Other Employer Partner, upload information regarding a Worker or other individual; 
• upload information regarding an H2A application or other job application; or 
• communicate with us, such as requesting information.

Indirectly from you.

For example, through information we collect from you in the course of providing our services to you.

Directly and indirectly from activity on our Platform.

For example, from Platform usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” section below. 

Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting the Company to request further information.  When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security or national identifier numbers, credit card information or other sensitive personal data, unless required for our services.  

Username and Password; Other Sources. Additionally, we may ask you to create a username and password that should only be known to you.  When you provide this information to us, you are no longer anonymous.  Moreover, we may receive information about you from other sources and add it to the information you have provided to us.

INFORMATION OF OTHER INDIVIDUALS.  YOU MAY HAVE THE OPPORTUNITY TO PROVIDE INFORMATION OF OTHER INDIVIDUALS. WHEN PROVIDING SUCH INFORMATION, YOU ARE SOLELY RESPONSIBLE FOR OBTAINING THE NECESSARY CONSENTS AND AUTHORIZATIONS FROM ANY INDIVIDUALS IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS AND REGULATIONS, AND THE COMPANY SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR YOUR FAILURE TO OBTAIN THE NECESSARY CONSENTS. YOUR USE OF ANY PERSONAL INFORMATION SHALL BE IN ACCORDANCE WITH AN EMPLOYER’S POLICIES AND PROCEDURES AND OTHERWISE WITH APPLICABLE LAW.

Aggregated and De-Identified Data. We also collect, use and share aggregated and de-identified data such as statistical or demographic data for any purpose. aggregated and de-Identified data could be derived from your Personal Information but is not considered Personal Information under applicable law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated or de-identified data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.

4. Automated Information Collection

In addition to the information that you provide to us, we may also collect information about you during your visit to our Platform.  We collect this information using automated tools that are detailed below.  These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Platform.  Some of the tools we use to automatically collect information about you may include:

(a) Cookies.  A “cookie” is a small data file transmitted from a website to your device’s hard drive.  Cookies are usually defined in one of two ways, and we may use either (or both) of them:  

1. session cookies, which do not stay on your device after you close your browser, and 
2. persistent cookies, which remain on your device until you delete them or they expire.
   We may use the following categories of cookies on our Platform.
   i. Strictly Necessary Cookies.  These cookies are essential in order to enable you to move around the Platform and use its features. Without these cookies, services you have requested cannot be provided.
   ii. Performance Cookies.  These cookies collect anonymous information on how you use our Platform to help us understand how you arrive at our Platform, browse or use our Platform and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.
   iii. Functionality Cookies.  These cookies remember choices you make such as the country from which you visit our Platform, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Platform more tailored to your preferences. The information in these cookies may be anonymized.  These cookies cannot track your browsing activity on other websites.
   iv. Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign.  The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit and that information is shared with other parties, such as advertisers. 

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings.  However, by disabling cookies on your device, you may be prohibited from full use of the Platform’s features or lose access to some functionality.

(b) Google Analytics.  The Platform sends aggregated non-Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Platform’s performance.  For more information on how Google Analytics supports the Platform and uses information sent from the Platform, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.

(c) Web Beacons.  A Web Beacon is an electronic image.  Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior.  If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails.  We may also use them to track if you click on the links and at what time and date you do so.  Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Platform.  This information is only collected in aggregate form and will not be linked to your Personal Information.  Please note that any image file on a webpage can act as a Web Beacon.

(d) Embedded Web Links.  Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link.  The tracking is accomplished through a redirection system.  The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you.  This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

(e) Collection by Third-party Websites and Services.  We work with a number of service providers of marketing communications technology.  These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.  The information collected can be gathered on our Platform and also on the websites where our marketing communications are appearing.  For example, we may collect data where our banner advertisements are displayed on third-party websites.

5. How We Use Your Information

The information we gather and that you provide is collected to provide you information and the services you request (such as visa application processing), in addition to various other purposes, including, but not limited to: 

• security, credit or fraud prevention purposes;
• providing you with effective customer service;
• providing you with a personalized experience when you use the Platform;
• contacting you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
• contacting you with information and notices related to your use of the Platform;
• inviting you to participate in surveys and providing feedback to us (in accordance with any privacy preferences you have expressed to us);
• better understanding your needs and interests;
• improving the content, functionality and usability of the Platform;
• improving our products and services;
• improving our marketing and promotional efforts; and
• any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

Duration. The length of time Company intends to retain Personal Information, including sensitive information, is for as long as reasonably necessary to carry out Company’s intended business purpose for such information.  

6. How We Disclose Your Information

We do not sell or lease your Personal Information to any third party.  We may disclose your Personal Information for a business purpose to the following categories of third parties:

• Our Subsidiaries and Affiliates. We may share the information collected through the Platform with our subsidiaries and affiliates in order to provide our products, services and effective customer support.  
• Employers, Agents, and Other Employer Partners. We may disclose with your Worker Personal Information with your Employer or potential Employer.  The Employer may also provide certain Agents and Other Employer Partners with access to your Worker Personal Information. An Employer’s, Agent’s, or other Employer Partner’s actions are solely based on the Employer’s own policies and procedures, so please read those carefully and direct questions to the applicable Employer. 
• Third-party Service Providers. We share Personal Information collected through the Platform with third-party Service Providers who act for or on behalf of the Company. These third parties may need information about you to perform their functions. “Service Providers” may include suppliers, companies and consultants that provide website hosting, software development, website and data analytics, advertising and marketing, order fulfillment, information technology, and related infrastructure support, customer service, email delivery, and auditing.
• Compliance Filings. In addition to the “Legal Reasons” listed below, we may disclose your Worker Personal Information with certain United States and international government agencies, such as the Department of Labor, for required filings and compliance purposes.

Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:  

Legal Reasons.

• We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, subpoena, or court order;
• To respond to duly authorized information requests from law enforcement or other governmental authorities;
• To enforce our agreements, policies, or the Terms of Use;
• To investigate and prevent security threats, fraud, or other malicious activity; or
• To respond to an emergency that we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person or Company employee.

Sale of Business or Merger. There are circumstances where the Company may decide to buy, sell, or reorganize its business in selected countries.  Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.

7. Your Choices and Selecting Your Privacy Preferences

We want to provide you with relevant information that you have requested. If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed.  Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing. We may send you email newsletters and marketing emails.  After you receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email.  

8. Text Messaging

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties.  Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested.  In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number.  In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us.  You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following the instructions provided in our communications to you.

9. Accuracy and Access to Your Personal Information

We strive to maintain and process your information accurately.  We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.  We employ technologies designed to help us maintain information accuracy on input and processing. Where we can provide you access to your Personal Information in our possession, we may ask you for a username and password to help protect your privacy and security.  We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.  

To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance

10. Information of Minors

We do not intentionally seek to gather information from individuals under the age of thirteen (13).  We do not target the Platform to minors, and would not expect them to be engaging with our Platform or services.  We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.  If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.  

11. Third-party Technologies

This Policy does not apply to applications, platforms, websites or other domains (collectively, “Third Party Technologies”) that are maintained or operated by third parties or our affiliates (whether or not they interact with the Platform). Links to Third Party Technologies are not endorsements of these Third Party Technologies, and this Policy does not extend to them.  Because this Policy is not enforced on these Third Party Technologies , we encourage you to read any posted privacy policy of the Third Party Technologies before using the Third Party Technologies and providing any information.

12. Your Rights Under State Law

California

• Shine the Light law.  Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent. 
• Do Not Track Signals.  The Platform does not track users over time and across third-party websites to provide targeted advertising.  Therefore, the Platform does not operate any differently when it receives Do Not Track (“DNT”) signals. 
• WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION.

Your Consumer Rights

United States. Some state laws in the United States provide consumers with additional rights with respect to their personal information (also known as “personal data”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018 (the “CCPA”) as amended by the California Privacy Rights Act, the Colorado Privacy Act (“CPA”) and the Virginia Consumer Data Protection Act (“VCDPA”). If you are a consumer in a state that provides consumer rights, please be advised that Company is not a “business” or “controller” as that term is defined under applicable state laws and therefore does not afford consumers these rights with respect to their Personal Information.  Regardless, all Personal Information will be processed in accordance with this Policy.

Mexico.

If you are a resident in Mexico, you can exercise any of the following rights, subject to verification of your identity, by notifying us as described below: 

• Access. You may email us to request a copy of the personal data our Platform databases currently contain. 
• Correction or Rectification. You can correct what personal data our Platform database currently contains by accessing your account directly, or by emailing us to request that we correct or rectify any personal data that you have provided to us.  
• Object to Processing. When applicable, you have the right to object to the processing of your personal data that is unnecessary for a legal relationship with the Company.
• Portability. Upon request and when possible, we can provide you with copies of your personal data.  
• Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this Platform by notifying us via email.
• Erasure. If you should wish to cease use of our Platform and have your personal data deleted from our Platform, then you may submit a request by emailing.
  

13. Location of our Platform

We do not warrant or represent that this Policy or the Platform’s use of your Personal Information complies with the laws of every jurisdiction.  To provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.  Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.  

14. Safeguarding the Information We Collect

We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure.  However, we can never promise 100% security.  You have a responsibility as well to safeguard your information through the proper use and security of your username and password.  If you believe your credentials have been compromised, please change your password and notify us immediately.

15. Changes to this Policy

This Policy describes our current policies and practices with regard to the information we collect through the Platform. We are continually improving and adding to the features and functionality of the Platform along with the products and services we offer through the Platform. If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above. 

16. How to Contact Us

We value your opinions and welcome your feedback.  To contact us about this Policy or your Personal Information, please contact us by email at info@withcroft.com