Introduction

This document sets forth the Privacy Policy of Gaia in collecting, storing and processing Personal Data received from Gaia customers (“Customers”), Customer employees, website visitors, Gaia employees and Gaia job applicants. For purposes of this Privacy Policy, “Personal Data” shall mean any information provided to Gaia that relates to an identified or identifiable individual.

 

1) PERSONAL DATA COLLECTED

From Gaia Customers and Customer Employees:

 

We may collect, process and/or store your Personal Data from a lot of resources, primarily to provide products and services under our contracts with our Customers and to improve those products and services.

 

Sometimes we collect data, such as name, company name, IP address and email or physical address, directly from you when you provide contact and other information to us through a Gaia website (a “Site”), or when you ask us a question, make a comment, request support, or use certain services. Voluntarily providing us with Personal Data indicates that you consent to our use of the information in accordance with this Privacy Policy. If you provide Personal Data to us electronically, you acknowledge and agree that such Personal Data may be transferred from their current location to offices and servers of ours and our subcontractors to provide our services to you, consistent with applicable law.

 

We also may obtain Personal Data by recording how you use our products, for example through error reports or other usage data. When you visit a Site, certain Personal Data may be collected by recording how you interact with that Site via cookies or web beacons (see the “Information Collected via Cookies” and “Managing Cookies” sections below for further details).

Gaia, in delivering its workforce management products and services, also processes data supplied by its Customers about their employees to provide Customers with the full benefit of those products and services (see Section 2 below for further details). Such data (such as name, employee number, time and attendance, and schedule information) is collected under the instructions specified in the contract between Gaia and its Customers. For Customers who choose to deploy Gaia terminals utilizing a biometric technology option, the collection of Customer employee fingerprints data is undertaken and controlled by the Customer and may include information used to verify employee identity.

 

From Gaia Job Applicants and Gaia Employees:

We collect Personal Data from Gaia job applicants to conduct our applicant review and hiring activities. We collect Personal Data from our employees for the purposes of fulfilling our human resources obligations to our employees, such as conducting employee performance evaluations, administering payroll and benefits (and related record keeping), filing government reports, performing company network management and authentication, security, emergency notification management, and enhancing employee health and safety.

 

From Visitors to our websites:

Non-identifiable Information: When you utilize a Site, we may receive certain personally non-identifiable information about your use of the Site. We may store such information ourselves, or it may be included in databases owned and maintained by us, our subcontractors, agents or our business partners. We may use such information and pool it with other information to track, for instance, the total number of visitors to a Site and the domain names of our visitors’ Internet service providers.

 

Information Collected via Cookies and Similar Technologies: Like most websites, we also collect and/or log specific Site visitor information, which may include both non-identifiable information and Personal Data, including the browsers which visitors are on, the operating system, their IP address, cookie information, time stamp and clickstream information. This data is collected through log files, “cookies,” “web beacon” or other similar technologies. “Cookies” are small files of data that may be sent to your web browser and stored on your computer. With “web beacons,” when a visitor accesses certain pages on a Site, an anonymous notice of that visit is generated and may be processed by us. Web beacons work in conjunction with cookies to let us know what portions of our Sites are of interest to you and to help us provide you with tailored information from our Sites. We may collect and store this information and combine it with other Personal Data you have provided.

 

We also use first-party and third-party cookies in online advertising efforts. When you visit a Site, third parties may set cookies on your computer and use those cookies to collect information about you, including the information about your computer and how you use the Site. Third parties use such information to personalize and deliver targeted advertising to you on non-Gaia websites.

 

Managing Cookies and Similar Technologies:

Most web browsers can be configured to reject cookies, notify you if a cookie is sent to you, or otherwise manage cookies, web beacons and similar technologies. If you turn off cookies, web beacons and similar technologies will still detect anonymous visits, but the notices which are generated cannot be associated with other anonymous information or personally-identifiable information and are neglected. Similarly, if you would like to prevent third parties from setting and accessing cookies and similar technologies on your computer for advertising and other purposes, you can configure your browser to manage or block cookies and those technologies.

 

Social Media Features and Widgets:

Our Sites may include social media features, such as video links, “Like” buttons, and widgets such as “Share” buttons or interactive mini-programs. These features may collect your Personal Data such as your IP address and the website page which you are visiting, and may set a cookie to enable the feature to function. Social media features and widgets may be hosted by a third party or hosted directly on our Sites. Your use and interactions with these features are at your option and are governed by the published privacy policy of the companies providing them.

 

Research Department: We have been working to understand better and serve all the Gaia’s customers, and we can survey the users’ statistics and interests based on the personal data and other information provided to us. We compile and analyze the survey on an aggregate basis, and we may share this aggregated data with our affiliates, agents, and business partners. This aggregate information does not identify you personally.

 

Do Not Track: Like many websites, our Sites do not currently respond to “do not track” browser headers. you can take steps to limit tracking by erasing cookies and similar technologies from your computer’s hard drive and by setting your browser to block all cookies or similar technologies or warn you before they are stored.

 

2) How Gaia Uses Personal Data

We use the Personal Data you provide to us in a manner that is consistent with this Privacy Policy.

If you visit our Sites: We may use your Personal Data in the manner described in Section 1) above. You can use many features of our Sites without providing any Personal Data. However, you may not be able to use certain services.

 

If you provide Personal Data to us directly in another manner: We may use your Personal Data in connection with the reason for which it was provided, such as to deliver the product or service you requested, answer the question you posed, or diagnose a technical support issue. We also may use it to send you product or service notices that may be of importance to you, prevent, detect or investigate illegal or fraudulent activity, or use it as otherwise disclosed to you when you provide the information. We may use Personal Data information to contact you in the future to tell you about services we believe will be of interest to you. When we contact you in these ways, we will do so based on your prior consent to receive such communications, or upon our “legitimate interest” to communicate with you, for instance, if we have information to share based upon your prior relationship with Gaia. In every case, we offer you the opportunity to “opt out” from receiving further such communications.

 

If you are an employee of a Gaia Customer: When Gaia collects and processes Customer employee data in accordance with a Customer’s instructions set forth in the contract, we only use that employee data to provide products and services consistent with those Customer instructions. If we process Customer employee finger scan data via biometric technology, as described in Section 1 above, we will only do so as directed by the Customer for employee verification purposes. The Customer can take measures to permanently destroy such finger scan data which Gaia processes and which may be in the Customer’s possession once this purpose has been fulfilled (as determined by the Customer) or as otherwise required by applicable law, whichever occurs first. The collection, retention, and destruction of all Customer employee data, including finger scan data, shall always be controlled by the Customer (as the employer), and any questions or requests with regards to a Customer employee’s Personal Data should be directed to that employer.

 

If you are a Gaia job applicant or Gaia employee: We collect Personal Data from Gaia job applicants to conduct our applicant review and hiring activities. We collect Personal Data from our employees for the purposes of fulfilling our human resources responsibilities as described in Section 1) above. Gaia employee Personal Data may be accessed by our human resources, IT and support personnel, as reasonably required to fulfill these obligations, consistent with applicable law. Gaia takes reasonable steps to ensure that all job applicant and employee data collected is accurate, complete and current for its intended use.

 

3) Our Disclosure of Your Personal Data

Gaia does not sell or rent your Personal Data to third parties for promotional purposes.

 

Gaia will not use, share or distribute your Personal Data except as follows: i) as necessary to maintain the security of our products; ii) as required by applicable law; iii) for Customer employees, as described in a contract between Gaia and our Customer; iv) or as otherwise set forth in the subsequent paragraphs of this Section directly below.

 

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or a Site, Personal Data may be part of the transferred assets.

 

Service providers, subcontractors, agents: We sometimes hire other companies to perform certain business-related functions. Examples include hosting and/or maintaining databases, mailing information on our behalf and processing payments. When we employ another party to perform a service or function, we may need to provide them with access to certain Personal Data. Under this circumstance, we only provide them with the information that they need to perform their specific service or function. Gaia is liable for any Personal Data that Gaia receives from you and subsequently transfers to these third parties, in accordance with applicable privacy law. We remain responsible if a third-party that we engage to process Personal Data on our behalf does so in a manner inconsistent with the applicable law unless we can prove that we are not responsible for the activities or circumstances that cause the claim.

 

Partners and related third parties: We may share information with third party partners who resell our products and services and/or provide value-added services. We may offer with third parties (solely or jointly) webinars, white papers, or other services related to our offerings or services. We may share your contact information and your expressed interest in these offerings or services with third parties, if you have provided prior consent to this use of your data, or if we believe we have a legitimate interest in doing so, based on our prior business relationship with you.

 

Legal Requirements: We also may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation; (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of a Site or the public; or (iv) protect against legal liability.

 

4) Access and Control of Personal Data

Visitors to Our Sites: You can use many Gaia Site features without providing any Personal Data, but you may not be able to use certain services. (You can learn how cookies and similar technologies collect data on our Sites in Section 1) above.) You can always choose whether you wish to receive promotional email, SMS messages, telephone calls and postal mail from Gaia. When you otherwise contact Gaia directly, you can control the Personal Data you provide to Gaia.

 

Employees of Gaia Customers: Employees of Gaia’ Customers should contact the appropriate person within their employer’s organization to understand, access, change and/or control the employee information provided by the employer to Gaia so that Gaia may deliver its products and services to the employer under their contract.

 

Gaia Job Applicants: Job applicants to Gaia should reach out to their Gaia recruiter or human resources contact, as applicable, to understand, access, change and/or control Personal Data that has been provided to Gaia in the job application context.

 

Gaia Employees: Gaia employees should reach out to their Gaia human resources contact to understand, access, change and/or control Personal Data that has been provided to Gaia in the employment context.

 

5) Privacy Policy Exclusions

Unsolicited Information: This Privacy Policy shall not apply to any unsolicited information you provide to us through our Sites or any other means. This includes, but is not limited to, information posted to any public areas of our Sites, such as Gaia Morning Paper, Gaia Noon Paper, bulletin boards, any ideas for new products or modifications to existing services, and other unsolicited submissions including all User Content as that term is defined in our applicable Terms of Use (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential, and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

 

Publicly Available Information: Please also note that any Personal Data or other information you provide to be displayed in your publicly available online profile, or post in Site forums, will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for how third parties do with any Personal Data or other information that you choose to make publicly available. As such, we advise that you exercise great care in determining what Personal Data or other information you choose to make publicly available.

 

6) Children: We do not knowingly collect Personal Data from children under the age of 13. If you are under thirteen, please do not submit any Personal Data to Gaia. If you have reason to believe that a child under the age of 13 has provided Personal Data to Gaia, please contact us, and we will endeavor to delete that information from our databases.

 

7) Links to Other Websites: Our Sites may frame or contain references or links to other websites not owned, operated or controlled by Gaia, and their privacy policies may differ from ours (the “External Sites”). Gaia is not responsible for the privacy policies, and procedures of External Sites and the privacy policies and procedures we describe here do not apply to External Sites. We recommend that you read and understand the privacy policies of External Sites.

 

8) Security: We utilize commercially reasonable physical, technical, and administrative controls and procedures to safeguard the Personal Data provided to Gaia and protected it from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particularly, E-mail sent to or from Gaia may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to us or our service providers electronically. Users of our Sites and online services are responsible for maintaining the security of their passwords, username or ID or other forms of authentication needed to access secure areas or services. We may suspend your access to a Site or one of our services, without notice and pending our investigation if a security breach is suspected.

 

9) Retention of information: As long as your registration on our website is valid, we will retain your Personal Data to provide you (or your employer, as applicable) with the requested service or information as required, or during the period specified in this policy or as we inform you at the time of collection.

 

10) Opt-Outs: If you have provided contact information or other Personal Data to us, your Personal Data changes, or if you don’t want to accept our offer of information, (such as all kinds of marketing materials, newsletters, etc.), or if you wish to change the way we control the use of the above Personal Data, please send us your request together with your updated information and/or your new choices. Please send your request to privacy@gaiaworks.cn. or by postal mail to 3/F Building 1, 209 Zhuyuan Road, New District, Suzhou, Jiangsu, China. We will respond to your request to access, change or delete your Personal Data within 30 days. Of course, we will retain and use your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

11)Exemption Clause: Gaia shall not be liable under any of the following circumstances except as set forth in This Policy.

  1. i) any Personal Data leakage, loss or tampering, etc. caused by you telling others about your Personal Data, sharing it with others, or your improper storage;
  2. ii) any Personal Data leakage, loss or tampering, etc. caused by force majeure such as hacker attack, computer virus invasion, etc.

iii) any disputes and consequences arising from the leakage, loss or tampering of Personal Data caused by reasons other than this Site.

 

12)Contacting Us With Questions: You may contact us if you have any questions about this Privacy Policy or any of our information practices, or the ways of handling your Personal Data, at privacy@gaiaworks.cn. or by postal mail sent to 3/F Building 1, 209 Zhuyuan Road, New District, Suzhou, Jiangsu, China.

 

13)Privacy Shield and General Privacy Complaints: Gaia encourages you to contact us if you have a general privacy complaint. In compliance with the Privacy Policy, we commit to working diligently to resolve complaints about our collection or use of your Personal Data. For individuals who have any questions or complaints about our privacy policy, please contact the Gaia privacy team first  at privacy@gaiaworks.cn.

 

14)Changes to Our Privacy Policy

It may be necessary for us to make changes to this Privacy Policy from time to time. Accordingly, we reserve the right to update or modify this Privacy Policy at any time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data to us. Your continued disclosure of Personal Data to us after any changes or revisions to this Privacy Policy shall indicate your agreement with the amended terms and policies.

 

                                             Gaia Privacy Policy Rev Date: 22 Aug 2018