1. Who we are
Torc is a digital platform using AI, blockchain, and marketplace dynamics to connect our global pool of talent (our "Talent Members") with opportunities to learn and earn. Torc is an ecosystem for freelance technology talent to establish, grow, and shape their professional careers, and an ecosystem for enterprises to access phenomenal human capital and the assets they create. Our platform is operated on the website located at torc.dev and related domains and subdomains, and related services, including live events, marketing, and customer service and ancillary support services (collectively referred to as "Services"). Torc is a Delaware limited liability company based in the United States of America.
3. Types of personal information we collect and how we use it
The types of personal information we may collect and our privacy practices depend on the nature of the relationship you have with Torc and the requirements of applicable law. Some of the ways that Torc may collect personal information include:
You may provide personal information directly to Torc through interacting with the Services, participating in surveys, during events, and requesting Services, or information. As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below. We endeavor to collect only that information which is relevant for the purposes of processing. Below are the ways we collect personal information and how we use it.
3.1. Types of personal information we collect
Torc collects personal information regarding its current, prospective, and former clients, customers, users, visitors, and guests (collectively "Individuals").
Information you provide directly to us
When you use the Services or engage in certain activities, such as registering for an account with Torc, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
When you register on our platform, Torc requires that you provide contact information, such as your name, email address and country.
- User profiles
If you complete a profile after registering, you may voluntarily submit additional information such as contact details, photographs, examples of your work, occupation, educational background, hobbies, social media profiles, information on work previously performed via the Service and outside the Service, user preferences, communications preferences, skills and other information, including your username ("Profile"). The information in your Profile may be visible to all Torc users and the general public.
- Communications with us
We may collect personal information from you such as email address, phone number or mailing address when you choose to request information about our Services, register for Torc’s newsletter, request to receive customer or technical support, or otherwise communicate with us.
From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or services and in any manner consistent with the policies provided herein.
- Posting on the services
Torc may offer publicly accessible pages, blogs, private messages, or community forums. You should be aware that, when you disclose information about yourself on Torc’s pages, blogs, private messages, and community forums, the Services will collect the information you provide in such submissions, including any personal information. If you choose to submit content to any public area of the Services, such content will be considered "public" and will not be subject to the privacy protections set forth herein.
If you are eligible for payment we require payment information; such as your contact information, payment account information, and tax ID information as required by applicable laws. You may be required to complete identity verification using a third party that will require information that is country specific and can include drivers license, passport, national identification card or other government issued identification.
If you make purchases via our websites, we may require that you provide us your financial and billing information, such as billing name and address, credit card number or bank account information.
Device and usage data
We use common information-gathering tools, such as tools for collecting usage data, cookies, web beacons, pixels, and similar technologies to automatically collect information that may contain Personal Data as you navigate our websites, our services, or interact with emails we have sent to you. More information on these types of information collection are below:
- Device and usage data
As is true of most websites, we gather certain information automatically when individual users visit our websites. This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server information), device and application information, identification numbers and features, location, browser type, plug-ins, integrations, Internet service provider and/or mobile carrier, the pages and files viewed, searches, referring website, app or ad, operating system, system configuration information, advertising and language preferences, date and time stamps associated with your usage, and frequency of visits to the websites. This information is used to analyze overall trends, help us provide and improve our websites, offer a tailored experience for website users, and secure and maintain our websites.
- Automatic data collection
In addition, we gather certain information automatically as part of your use of our cloud products and services. This information may include identifiers, commercial information, and internet activity information such as: your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. This information is used to maintain the security of the services, to provide necessary functionality, to improve performance of the services, to assess and improve customer and user experience of the services, to review compliance with applicable usage terms, to identify future opportunities for development of the services, to assess capacity requirements, to identify customer opportunities, and for the security of Torc generally (in addition to the security of our products and services). Some of the device and usage data collected by the services, whether alone or in conjunction with other data, could be personally identifying to you. Please note that this device and usage data is primarily used to identify the uniqueness of each user logging on (as opposed to specific Individuals), apart from where it is strictly required to identify an Individual for security purposes or as required as part of our provision of the services to our customers.
Cookies, pixel tags/web beacons, and analytics information
- Pixel tags/web beacons
We also use web beacons and pixels on our websites and in emails. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We also may place a pixel in marketing emails that notify us when you click on a link in the email. We use these technologies to operate and improve our websites and marketing emails. For instructions on how to unsubscribe from our marketing emails, please see Section 5 below.
- Embedded scripts
We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an embedded script. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.
We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Social media features
Our websites may use social media features, such as the Facebook "like" button, the "Tweet" button and other sharing widgets ("Social Media Features"). Social Media Features may allow you to post information about your activities on our website to outside platforms and social networks. Social Media Features may also allow you to like or highlight information we have posted on our website or our branded social media pages. Social Media Features are either hosted by each respective platform or hosted directly on our website. To the extent the Social Media Features are hosted by the platforms themselves, and you click through to these from our websites, the platform may receive information showing that you have visited our websites. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our websites with your social media profile.
Torc also allows you to log in to certain of our websites using sign-in services like Google Authentication. These services authenticate your identity and provide you the option to share certain Personal Data from these services with us such as your name and email address to pre-populate our sign-up form.
Torc's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
Your interactions with Social Media Features are governed by the privacy policies of the companies providing them.
Information submitted via services
You agree that Torc is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Torc will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so or it is otherwise necessary as part of the Services, such as to facilitate payment to you as a talent member; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Information from other sources
We may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access or use our Services through a third-party application, we may collect information about you from that third-party application that is public via your privacy settings or is otherwise available. This supplemental information allows us to verify information that you have provided to Torc and to enhance our ability to provide you with information about our business, products, and Services.
We may combine the information from other sources with the personal information provided by you. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. The personal information we collect from other sources includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviors. In particular, we collect personal information from the following sources:
- Third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying contact information; and
- Another Individual at your organization who may provide us with your business contact information for the purposes of obtaining services; and
- Platforms such as GitHub to manage code check-ins and pull requests. If you participate in an open source or community development project, we may associate your code repository username with your community account so we can inform you of program changes that are important to your participation or relate to additional security requirements.
3.2. How Torc uses your information
We acquire, hold, use, and process personal information about Individuals for the following business purposes. Where required by law, we obtain your consent to use and process your personal information for these purposes. Otherwise, we rely on another authorized legal basis (including but not limited to the (a) performance of a contract or (b) legitimate interest) to collect and process your personal information.
To provide products, services, or information requested
Torc may use information about you to provide the Services and fulfill requests for products or information, including to:
- Generally manage Individual information and accounts;
- Respond to questions, comments, and other requests;
- To assess the quality of Services you provide;
- Provide access to certain areas, functionalities, and features of Torc’s Services;
- Contact you to answer requests for customer support or technical support;
- Allow you to register for events.
Torc may use personal information about you for its administrative purposes, including to:
- Measure interest in Torc’s Services;
- Develop new products and Services;
- Ensure internal quality control;
- Verify Individual identity;
- Communicate about Individual accounts and activities on Torc’s Services and systems, and, in Torc’s discretion, changes to any Torc policy;
- Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as Account management, customer service, or system maintenance;
- Process payment for products or services purchased;
- Process applications and transactions;
- Prevent potentially prohibited or illegal activities;
- Enforce our Terms.
Marketing Torc products and services
Torc may use personal information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. Torc may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers;
- To notify you about offers, products, and services that may be of interest to you;
- To provide Services to you and our sponsors;
- For other purposes disclosed at the time that Individuals provide personal information; or
- Otherwise with your consent.
You may contact us at any time to opt-out of the use of your personal information for marketing purposes, as further described in Section 5 below.
Research and development
Torc may use personal information alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services.
Direct mail, email and outbound telemarketing
Individuals who provide us with personal information, or whose personal information we obtain from third parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on Torc’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
Services via mobile devices
De-identified and aggregated information use
Torc may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Torc’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. De-identified and/or aggregated information is not personal information, and Torc may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Torc and with third parties for our or their purposes in an de-identified and/or aggregated form that is designed to prevent anyone from identifying you.
Sharing content with friends or colleagues
Torc’s Services may offer various tools and functionalities to share content. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Torc or any other third parties for any other purpose.
Torc may use personal information for which we have a legitimate interest, such as network and information security, direct marketing, disclosure to affiliated organizations, research (including marketing research), fraud prevention, or any other purpose disclosed to you at the time you provide personal information or with your consent.
Uses of automatic collection technologies
Our use of the Technologies fall into the following general categories:
- Operationally necessary
- Performance related
- Functionality related
- Advertising or targeting related
We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our Services, you may do so by blocking, deleting, or disabling them as your browser or device permits.
3.3. Third-party websites and social media platforms
The Services may contain links to other websites and other websites may reference or link to our Services. These other domains and websites are not controlled by us, and Torc does not endorse or make any representations about third-party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Torc’s Services may include publicly accessible blogs, community forums, or private messaging features. The Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.
3.4. Third-party payment processing
If you use the Services to make, receive or facilitate payments in connection with the Services, we and Third-Party applications may collect certain financial information from you to process transactions, including your name, email address, address, financial account information and other billing information.
4. Onward transfer-sharing of personal information
4.1. Information we share
WE DO NOT SELL YOUR PERSONAL INFORMATION!
We may share your personal information in the following circumstances:
We use vendors and service providers
We may share information we collect about you with third-party service providers to perform tasks on our behalf in supporting the Services. The types of service providers, or sub-processors, to whom we entrust personal information include: (i) payment providers; (ii) providers of hosting services; (iii) sales and marketing providers; (iv) providers of document and content management tools; (iv) providers of analytic data services; and (v) other services such as system support, subscription services, verification, and ticketing. Torc 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.
For Talent Members who participate in certain customer programs, to the extent described in the policies of such customer programs, Torc may share contact information about those Individuals (for example, name, company name (if applicable), and email address) to allow those customers to contact those Talent Members to allow them to interact directly or as otherwise authorized by the Talent Member with respect to the specific customer program or service.
Torc may share personal information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Torc may also provide personal information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Torc. Torc requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of personal information they maintain on our behalf and not to use it for any purpose other than the purpose for which Torc provided them.
Content visible to others
When you create a Profile or post content to the Services, this information may be displayed to others. We are not responsible for privacy practices of the other users who will view and use the posted information.
Marketing – Interest-based advertising and third party marketing
Through our Services, Torc may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third-party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Torc related websites within their networks. This practice is commonly referred to as "interest-based advertising" or "personalized advertising." We may allow access to other data collected by the Services to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your personal information with third-party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 5 below.
Disclosures to protect us or others (e.g., as required by law and similar disclosures)
We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Torc policies or contracts; (v) to collect amounts owed to Torc; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
Merger, sale, or other asset transfers
4.2. International data transfers
If you are located outside the United States and choose to provide your personal information to us, your personal information may be transferred to, stored on, and processed on computers located anywhere in the world, including but not limited to the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Such transferring, storage or processing or your personal information may take place in governmental jurisdictions where the privacy laws may not be as protective as those in your jurisdiction. Whenever we transfer your personal information, we will take all reasonable steps to ensure that your privacy rights continue to be protected. Wherever you are based, we are responsible for the processing of your Personal Information, including any subsequent transfers to third parties.
Your personal information may be accessible to law enforcement or other authorities pursuant to a lawful request. Where required by law, international transfers of personal information will be supported by an adequacy mechanism. In the case of transfers of data out of Europe, we rely on Standard Contractual Clauses under the EU General Data Protection Regulation ("GDPR") and endeavor to utilize third-party service providers that provide adequate protections that are compliant with the GDPR such as implementing Standard Contractual Clauses or Binding Corporate Rules.
If Torc transfers personal information to a jurisdiction (or to a third party in a jurisdiction) for which the European Commission, Switzerland or the UK (as applicable) has not issued an adequacy decision, Torc will implement appropriate technical and security safeguards as required, including Standard Contractual Clauses (see below) approved by competent authorities, to transfer personal data in accordance with data protection and privacy laws, either internally between our group entities, or between us and our Talent Members and customers (such as where we process personal data on their behalf).
In order to comply with the transfer of data rules between the US and the UK, Switzerland or EU we offer Standard Contractual Clauses (sometimes also referred to as EU Model Clauses). Standard Contractual Clauses are contractual clauses designed to ensure Torc meets the legal and regulatory requirements for customers and Talent Members using the Services in the European Economic Area ("EEA"), Switzerland and the UK. The Standard Contractual Clauses are available at https://ec.europa.eu/info/system/files/1_en_annexe_acte_autonome_cp_part1_v5_0.pdf.
5. Your choices
You may have the right to object to and opt out of certain uses and disclosures of your personal information. Where you have consented to Torc’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting email@example.com.
5.2. Email and telephone communications
5.3. "Do not track"
Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
5.4. Cookies and interest-based advertising
As noted above, you may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and our Site may not work properly.
Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions here: https://www.networkadvertising.org/mobile-choice
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp,https://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.
6. Your privacy rights
6.1. General Data Protection Regulation (GDPR)
What is the General Data Protection Regulation (GDPR)?
GDPR is a new set of rules in the European Union designed to give residents of the EU more control over Personal Data. Its goal is to ensure that citizens and businesses in the European Union can fully benefit from the modern digital economy. According to the text, the "Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data." Generally, it applies to the Personal Data of EU residents and the companies that handle it. Refer to articles 1-3 of the GDPR to determine whether it applies to you.
Your rights under GDPR
If GDPR applies to you, you can find the complete list of data subject rights in Chapter 3 of the GDPR, or see some of the rights summarized below:
- Right to Access
You have the right to obtain information about the processing activities of a data controller and the personal data of yours that they are processing.
- Right to Rectification
The right to rectification concerns the ability to correct any inaccurate data concerning the data subject.
- Right to Erasure
This is also known as the right to be forgotten, and gives you the right to request deletion of your personal data held by the controller.
- Right to Restrict Processing
Right to restrict processing where data is inaccurate or use is unlawful or no longer needed.
- Right to Portability
You have the right to receive requested personal data in a commonly used and machine-readable format.
6.2 - California Privacy Laws
We do not sell your personal information
For purposes of California privacy laws, such as the California Consumer Privacy Act (CCPA) and once it goes into effect, the California Privacy Rights Act (CPRA), we do not "sell" or "share" personal information under the traditional sense of the word; however, we use advertising cookies. It does not necessarily mean money was exchanged for the transfer of personal information. We have taken substantial steps to identify whether any of our practices would constitute a "sale" under the CCPA applicable California privacy laws. Due to the complexities and ambiguities in the California privacy laws, we will continue to evaluate some of our third party relationships as we wait for final implementing regulations and guidance.
Additional rights under CCPA and CPRA
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the "right of data portability"); (iv) restrict our uses of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; (vi) withdraw your consent and (vii) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law.
Additional California privacy rights
If you are a California resident, you have a right not to receive discriminatory treatment by Torc for the exercise of your rights conferred by the California Consumer Privacy Act.
6.3 - General opt-out rights
You may opt-out of the Technologies we employ in connection with our services by blocking, deleting, or disabling them as your browser or device permits. For more information, please see Section 5.4 above. We will continue to update our business practices as regulatory guidance becomes available and provides clarity on what constitutes a sale transaction, particularly in the advertising ecosystem.
To protect your privacy, Torc will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
7. Data retention
8. Security of your information
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an e-mail to you. You may have a legal right to receive this notice in writing.
9. Children's privacy
The Services are not directed to children under 13 (and in certain jurisdictions under the age of 16) years of age, and Torc does not knowingly collect personal information from children under 13 (and in certain jurisdictions under the age of 16) years of age. If you learn that your child has provided us with personal information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected any personal information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information.
10. Supervisory authority
If you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
11. Contact us
New uses of personal information
Additionally, before we use personal information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the processing of personal information is otherwise required by law or contract, Torc will endeavor to comply with the law or contract.
13. Revision history
Posted October 31, 2021