Argyle Systems Inc. (“Argyle,” “we,” “us,” or “our”) offers a software-as-a-service platform (the “Argyle Platform”) that allows you (“End User,” “you,” or “your”) to direct third-party companies with whom you have a contractual relationship (such as your insurance provider) to collect and/or post information about you (“Your Data”) from or to your account(s) on certain authorized third-party workforce platforms (such as ride-sharing and food delivery platforms). The Argyle Platform is accessed by the companies with whom you have a contractual relationship, such as your insurance provider (each, a “Client”) in order to access Your Data. Clients may only access Your Data through the Argyle Platform if you have given certain permissions to Argyle, the Client, and the applicable third-party workforce platforms (each, a “Workforce Platform”) that integrate with Argyle through a widget allowing Argyle to pull Your Data from your account on such Workforce Platform, or post Your Data to your account as the case may be. In this way, Argyle provides a way for you to connect and transfer Your Data, stored on your account with a Workforce Platform, to Clients with whom you contract to obtain goods or services.
The Services are available only to individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this End User Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. We reserve the right, in our sole and absolute discretion, to deny you access to the Services or any portion thereof without notice and without reason.
2. Client Applications
3. Use and Restrictions on use
You may use the Services for personal use only. You hereby agree that you will (i) comply with all applicable laws in your use of the Services; (ii) not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; (iv) not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services; and (v) not access or use the Services to collect any market research for a competing business.
If you have volunteered to test the Services pursuant to a separate agreement made by and between you and Argyle (each, a “Trial Participation Agreement”), then your use of the Services is governed by that Trial Participation Agreement as well as this End User Agreement. If any provision in the Trial Participation Agreement conflicts with a provision in this End User Agreement, the provision in the Trial Participation Agreement shall govern during the term of your Trial Participation Agreement. If, after expiration of the Trial Participation Agreement, you continue to use the Services, only this End User Agreement shall govern.
5. No warranties; Limitation of liability
YOU ACKNOWLEDGE THAT THE SERVICES AND THE ARGYLE PLATFORM MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SERVICES AND ARGYLE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SERVICES OR ARGYLE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE SERVICES OR ARGYLE PLATFORM ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, TO OUR CLIENTS, TO THE WORKFORCE PLATFORMS, OR TO ANY THIRD PARTY THAT YOUR DATA IS ACCURATE, COMPLETE, UP TO DATE, OR OTHERWISE RELIABLE. WE DO NOT, AND WE HAVE NO RESPONSIBILITY OR OBLIGATION TO, VERIFY OR REVIEW YOUR DATA. USE OF YOUR DATA BY YOU OR BY ANY SUCH PARTY IS SOLELY AT YOUR OWN, OR SUCH PARTY’S OWN, RISK.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE ARGYLE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE ARGYLE PLATFORM SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THIS END USER AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
6. Your representations and warranties
By using the Services or providing us (either directly or through a Client) with your login credentials or other information for a Workforce Platform, you represent and warrant to Argyle that such information is accurate, complete, and owned by you, and that you are authorised to provide such information for the purpose of collecting and using Your Data as described in this End User Agreement. You further represent and warrant to Argyle that you are authorised to permit third parties, including Argyle and its Clients, to electronically access your Workforce Platform accounts and electronically retrieve Your Data therefrom, or post New Data thereto. You represent and warrant to Argyle that by using the Services and entering into and complying with this End User Agreement you are not violating any agreements you may have with any Workforce Platform, any Client, or any third party.
You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising from or in connection with: (i) your breach of this End User Agreement including, without limitation, any of the representations and warranties set forth herein above; (ii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; or (iii) your gross negligence, wilful misconduct, or fraud. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
8. Intellectual property
The Services and the Argyle Platform are protected by copyright, trademark, and other laws of the United States and foreign countries. Argyle and our licensors exclusively own all right, title, and interest in and to the Services and the Argyle Platform, including all associated intellectual property rights. The trademarks, service marks, and logos of Argyle (the “Argyle Trademarks”) used and displayed on the Services and the Argyle Platform are registered and unregistered trademarks or service marks of Argyle. Other company, product, and service names located on the Services or the Argyle Platform may be trademarks or service marks owned by others, including, without limitation, Clients and Workforce Platforms (the “Third-Party Trademarks,” and, collectively with Argyle Trademarks, the “Trademarks”). Nothing on the Services or the Argyle Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of Argyle Trademarks inures to our benefit. Elements of the Services and the Argyle Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. We reserve all rights in the Services and the Argyle Platform not expressly granted to you in this End User Agreement.
You are and shall remain the owner of Your Data. You hereby grant Argyle a worldwide right and license to access and use Your Data solely to provide you with the Services and as otherwise expressly provided in this End User Agreement.
9. Communications with and submissions to us
Although you are free to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information, without compensation or attribution to you.
10. Compliance with applicable laws
The Services are based in the United States and are only available to United States residents. We make no claims concerning whether the Services may be appropriate for use outside of the United States. If you access the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. Modification of the services; Termination
12. Controlling law
This End User Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
13. Binding arbitration
In the event of a dispute arising under or relating to this End User Agreement or the Services (each, a “Dispute”), either Argyle or you may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com
. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 15 below, nothing in this End User Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
14. Class action waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Equitable relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this End User Agreement. We may, without waiving any other remedies under this End User Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
16. Communications decency act notice; Telephone consumer protection act
Argyle is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any of Your Data is limited as described therein. We are not responsible for any of Your Data. We neither warrant the accuracy of Your Data nor exercise any editorial control over Your Data, nor do we assume any legal obligation for editorial control of Your Data or liability in connection with Your Data, including any responsibility or liability for investigating or verifying the accuracy of any of Your Data.
Our failure to act on or enforce any provision of this End User Agreement shall not be construed as a waiver of that provision or any other provision in this End User Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this End User Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This End User Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. This End User Agreement may be updated by us from time to time without notice. Any such changes will be posted on our website. By accessing or using the Services or Argyle Platform after we make any such changes to this End User Agreement, you are deemed to have accepted such changes.
Argyle respects your privacy.
1. Information We Collect and/or Receive
Argyle collects the following information:
A. Information You Provide. We collect information you provide when you use the Services or otherwise communicate with us, including your login credentials, username, email address, password, phone number, and other account information for the Workforce Platforms you choose to connect to certain Clients. When providing this information, you authorize Argyle and the applicable Client to act on your behalf to obtain Your Data from the Workforce Platform. We may also collect information through your communications with our customer-support team if you contact us for support.
B. Your Data. We collect your Your Data from Workforce Platforms on your behalf, as described above. Depending on the Workforce Platform and the information requested by the applicable Client, Your Data may include, but is not limited to, the following types of information:
Identity Information: Profile identifiers, names, email addresses, phone numbers, physical addresses, birthdays, requirement and vehicle information, certifications, documents, licenses, and government IDs;
Career Information: Employer, title, hours worked, start and end times, distance, dates, schedule, performance, attendance, feedback;
Income Information: Payout amounts, dates, currencies, tips, bonuses, fees, spending, balances, receivables by job, shift, week, or month;
Reputational Information: ratings, stars, feedback, reviews, achievements, rewards, reconditions; and / or
Location: Your location and location history, as tracked by the Workforce Platform.
C. Information from Clients. Clients may also provide us information about End Users, including, without limitation, New Data. This information may include:
Your name, email address, and other contact information; and/or
Which Workforce Platforms you and the Client have selected to gather Your Data from; and/or
Results of Client’s provision of goods/services to you, such as, by way of example only, a copy of your insurance policy issued by the Client.
D. Device and Usage Information. Like most online services, we automatically receive standard technical information when you connect with the Services through a Client Application or otherwise, including browser and device information such as unique device identifiers, mobile phone carrier, internet protocol (IP) addresses (which may identify your general geographic location), browser types, and the date and time of your interactions. We also receive information about your interactions with our Services, such as which pages of our website you visited and how much time was spent on the page.
We may collect this information using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information, and monitor advertisements and other activities. The Services may use different kinds of cookies and other types of local storage (such as browser-based or link-based local storage).
2. How We Use Your Information
We use your information in a variety of ways to provide the Services to you and to our Clients, and to operate our business, including the following:
B. Communications. We use your information to communicate with you for Service-related purposes. For example, we may send email to the email address you provide to us for informational and operational purposes, such as account management, customer service, system maintenance, and other Service-related purposes. We may also use your information to communicate with Clients and respond to their support requests, including to process account deactivations, troubleshoot login problems, and other uses.
C. Improve the Services. We use the information that we collect:
to understand and analyze usage trends and preferences;
to monitor and analyze the effectiveness of the Services;
to improve the Services and develop new products, services, features, and functionality; and
to test the Services and our infrastructure to make sure the Services are working correctly.
D. Marketing. As permitted by applicable law, we may use information we collect about and from you for marketing purposes, such as providing you with promotional materials that may be useful, relevant, valuable, or otherwise of interest to you. Where required under applicable law, we’ll obtain your prior opt-in consent to send you electronic marketing communications.
3. How We Share Your Information
We may share, transfer, or disclose your information if you consent to us doing so, as well as in the following circumstances:
A. Clients and Service Providers. We share Your Data with the relevant Clients to provide the Services as described in this End User Agreement. We also share information with third parties who provide services to us, such as customer services, analytics, website management, information technology, and other similar service providers.
B. Comply with Legal Requirements. We may disclose your information as we believe to be necessary or appropriate to:
comply with applicable law and legal processes;
respond to requests from public and government authorities, including public and government authorities outside your country of residence;
protect our rights, privacy, safety, or property, and / or that of our affiliates, you, or others; and
allow us to pursue available remedies or limit the damages that we may sustain.
C. Aggregate, De-Identified Information. We may use your data to create aggregate or statistical information that does not directly identify a specific person, and we may share that information with third parties. For example, we may share anonymous and aggregated reports and information on user demographics and industry patterns with third parties.
D. Affiliates and Successors. We may share some or all of your information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us. Further, as we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, your information may be part of the transferred assets.
4. Information Security
We take commercially reasonable steps to protect your information from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that your information will not be intercepted while being transmitted to and from us, a Workforce Platform, or a Client over the Internet.
5. Children’s Privacy
We do not knowingly collect, maintain, or use personal information from children under 18 years of age, and no part of the Services is directed to children under the age of 18. If you learn that your child has provided us with personal information without your consent, you may alert us at the contact information listed below. If we learn that we have collected any personal information from children under 18, we will promptly take steps to delete such information and terminate the child’s account.
6. Your Choices
You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Argyle marketing email. We will use commercially reasonable efforts to process such requests in a timely manner.
7. International Users
8. California Residents
We may share, transfer, or disclose your information if you consent to us doing so, as well as in the following circumstances:
A. Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
B. Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Additionally, you may request at any time that we disconnect certain Workforce Platform accounts from your Argyle records. If you do so, we will stop obtaining Your Data from such Workforce Platforms and will stop sharing such data with Clients.
C. Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
D. Response Timing and Format. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
E. Non-Discrimination. We will not discriminate against you for exercising any of your California privacy rights. Unless permitted by California law, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
9. Contact Us