1. Parties and roles. This addendum is between the business named on the WhenShift account ("you") and DesignQube, of 51/1, Justice Ramaswamy Street, Kamaraj Ave 2nd St, Adyar, Chennai, Tamil Nadu 600020, India ("WhenShift", "we"). It is part of the Terms of service, accepted with them, and runs while they do. For the personal data in your account, you are the controller (the business, under California law; the enterprise that entrusts the data, under Quebec law) and we process it for you (your processor; your service provider; the party you mandate). Our own data about the people who visit our site, sign up and pay is covered by our Privacy notice, not by this addendum.
2. What we process.
- Purpose: running WhenShift for you: availability and time off, building and publishing the schedule, cover, the time clock, timesheets, tips, payroll files and connections, labour against sales, hiring, and messages to your staff, as you use them.
- People: your staff, managers and owners; applicants to your job posts.
- Data: name, email, phone number and how each person signs in; role, location, position, wage and pay type, employee ID; availability, time off and its balances; shifts, swaps and cover; clock-in and clock-out times with the location they were made from, inside your geofence; breaks; timesheets, tips and payroll files; messages and announcements; applicants' details and applications; notes, custom fields and the history of each record.
- Sensitive data: we ask for none. A time-off record can show that someone was sick, and a note holds whatever its author writes.
- Duration: while the account is open, then under section 9.
3. Your instructions. We process the data only on your instructions: these terms, your account's settings and what your owners and managers do in it. We tell you if we believe an instruction breaks data protection law.
4. California. We do not sell or share the data, or keep, use or disclose it for any purpose but the one in section 2 or outside our direct relationship with you, and we do not combine it with data from elsewhere except as California law lets a service provider. We tell you if we can no longer meet these duties, and you may then take reasonable steps to stop and remedy unauthorised use. We delete data at your direction.
5. Confidentiality and security. Everyone at WhenShift who can reach the data is bound to keep it confidential and uses it only for your mandate. We protect it by the measures in the annex. A support person imports data into your account only when you ask in a support conversation, and the import shows in your account's history as support's.
6. Sub-processors. You authorise the sub-processors listed in the annex. We bind each to terms no weaker than this addendum and stay responsible for it. We email the owner 30 days before a new one processes your data; you can object through support, and if your objection stands the owner may close the account with unused days of a paid month refunded.
7. Requests from your staff. Your owners and managers see, export and correct your staff's records in WhenShift. A request about your records that reaches us goes to you, and support helps you answer it.
8. Breaches. We tell your privacy officer and the owner without delay of any breach or attempted breach touching your data, and help you with the notices the law asks of you.
9. When the account closes. The owner can export the whole account at any time. When the owner closes the account, it stays read-only and exportable for 90 days and is then deleted, or deleted at once on the owner's direction. We keep nothing of your data after that, [backup ageing].
10. Verification and audits. We give you the information needed to show we meet this addendum, and allow and contribute to audits and inspections by you or an auditor you name. [Audit frequency, notice and cost]
11. Where the data goes. We run WhenShift from India, and the data is stored in Ashburn, Virginia, in the United States. Where UK data leaves the UK, the UK International Data Transfer Addendum to the EU Standard Contractual Clauses applies, with you as exporter and us as importer, its tables completed in the annex.
12. For an employer in Quebec. This addendum is our written mandate under Quebec's private-sector privacy law. Before your staff's data leaves Quebec, your assessment weighs its sensitivity, the purposes, the protection measures and the legal framework where it goes; sections 2, 5, 11 and the annex give you each for our processing, and support answers what more you need.
13. Order. Where this addendum and the terms of service differ on personal data, this addendum governs. Where the UK Addendum and this addendum differ, the UK Addendum governs.
Annex: security measures
- Each person reaches only what their role and locations allow, checked at every act; a deactivated person loses access at once.
- Every consequential act is recorded with who did it, when, and the record before and after.
- A person can sign out of every device at once, and a sensitive change asks them to sign in again first.
- [Hosting, encryption and backup measures]
Annex: sub-processors
| Sub-processor | What it does | Where |
|---|---|---|
| Hetzner | Runs the service and stores the data | Ashburn, Virginia, United States |
| Resend | Sends email to your staff and owners | United States |
| Telnyx | Sends texts to your staff | [Country] |
| Freshworks (Freshdesk) | Holds support conversations | [Country] |
| PostHog | Counts how the product is used | United States |
| Sentry | Records errors in the service to fix them | United States |
| Cloudflare (R2) | Stores documents, kiosk photos, message files, logos and exports | United States |
| Cloudflare (Turnstile) | Checks that a sign-up, sign-in or job application comes from a person | [Country] |
| Apple | Delivers notifications to iPhones and iPads | [Country] |
| Delivers notifications to Android phones and Chrome; receives sign-up and payment events for our ads | [Country] | |
| Sign in with Google, for people who choose it | United States |
Annex: UK Addendum tables
- Table 1, Parties. Start date: the date you accept this addendum. Exporter: the business named on the account, at its address on the account; key contact, the owner at the owner's email. Importer: DesignQube, 51/1, Justice Ramaswamy Street, Kamaraj Ave 2nd St, Adyar, Chennai, Tamil Nadu 600020, India; key contact, support@whenshift.com. Signature: by acceptance of the terms.
- Table 2, Selected SCCs. The Approved EU SCCs, Module 2 only. Clause 7: [Docking]. Clause 11: [Option]. Clause 9(a): general authorisation, 30 days. Personal data received from the importer combined with the exporter's: no.
- Table 3, Appendix information. Annex 1A: Table 1. Annex 1B: section 2, transferred continuously while the account is open. Annex II: the security measures above. Annex III: the sub-processors above.
- Table 4, Ending this Addendum when the Approved Addendum changes. [Which party may end it]