Who these terms bind
These terms are between Shifticker and the company that opens an account, which we call the customer. The customer’s staff use the product but are not party to this agreement; what happens to their data is described in Privacy.
The customer is the controller of the records in their account and decides what is collected and why. Shifticker is the processor and acts on the customer’s instructions.
What Shifticker does
Shifticker records employee attendance from the app inside a geofence, and during an open shift it records location. It compares attendance against a roster and raises issues for a manager. It produces timesheets and exports.
It is a record-keeping tool. It does not decide anything about anyone’s pay, discipline or employment, and it must not be treated as if it did.
Accounts and organizations
- You need an account to use Shifticker. Keep your password to yourself and tell us if you believe someone else has it.
- One person owns one organization. A person may belong to other organizations as an employee, which is what lets a contractor work for two companies.
- You are responsible for the roles you hand out, and for removing people who leave.
- You must be old enough to enter a contract where you live, and authorised to bind the company you are signing up.
- You can delete your account at any time, from Settings in the app or on the web. Your name, email and sign-in are removed for good; attendance records stay with the organization that recorded them, without your details. An owner hands the organization to somebody else first, or closes it by being the last to leave.
Your duties as an employer
Attendance and location monitoring is regulated in most places. Before you put Shifticker in front of your staff, you must:
- Tell them. Explain that their working hours are recorded, that location is recorded during shifts, and, where you use a kiosk, that a photograph is taken at each scan.
- Have a lawful basis. Obtain whatever consent, works-council agreement, or other basis your local law requires. Consent obtained under pressure of employment is not consent in many jurisdictions, so take advice.
- Set retention deliberately. Choose how long location history is kept rather than leaving the default because it was there.
- Answer your staff. Handle requests for access, correction or deletion. We will help you, but the obligation is yours.
Limits on monitoring
Some things are not available to you at any price, because the product will not do them:
- Location is only ever collected between a check-in and a check-out. There is no setting that extends it, and the server refuses location data when no shift is open.
- Kiosk photographs are single stills taken at the moment of a scan. There is no video, no continuous capture, and no face recognition.
- Shifticker does not read messages, contacts, browsing, keystrokes or other applications on anyone’s device.
You must also not use Shifticker:
- to monitor anyone covertly, or anyone who has not been told;
- to monitor people who are not working for you;
- to use kiosk photographs for anything other than confirming who was at the entrance;
- to build a profile of someone’s movements for a purpose unrelated to managing work.
Acceptable use
- Do not attempt to reach another customer’s data, or to bypass the role checks.
- Do not resell or white-label the service without a written agreement.
- Do not use it to break any law that applies to you.
- Automated access is fine within reason; do not degrade the service for others.
Plans and payment
- The free plan covers up to 5 active people, with no time limit.
- The paid plan is 9.99 USD per month and includes 50 people, then 1.00 USD per month for each additional active person.
- A seat is any active membership, the owner and admins included. Deactivating someone frees their seat the same day.
- Moving down to the free plan requires your team to be 5 people or fewer first.
Paid plans are billed monthly in US dollars at the prices shown on the pricing page. Payment is taken by card through our payment provider, which acts as the seller of record: it collects the payment, applies any tax your country requires, and issues the invoice and receipt in its own name. We never see or store your card details.
Cancelling. You can cancel from Billing at any time. You keep the paid plan until the end of the month you have already paid for, and nothing is charged after that. Cancelling does not remove your people or your records; the seat limit of the Free plan applies the next time somebody is invited.
Refunds. Subscription charges are for the month in which they are made and are not refunded when you cancel part-way through it. If you were charged in error, or the service was unavailable for a substantial part of a month you paid for, write to us and we will refund that charge. Refunds are issued by the payment provider to the card that paid, under its own refund policy, which is linked from every receipt. Nothing in this section limits rights you have under the consumer law of the country you live in. The full policy is at Refund policy.
Your data
- The records in your account are yours. We claim no ownership of them.
- You can export attendance, timesheets and issues as CSV at any time, without asking us.
- We use your data to run the service for you, and for nothing else. We do not sell it and we do not train anything on it.
- We may use aggregate, non-identifying figures about usage to improve the product.
Availability and support
We aim to keep the service running and to give reasonable notice of planned maintenance, but we do not currently offer a service-level agreement. Support requests are answered by email on business days.
Features may change. We will give notice before removing anything you rely on.
Ending the agreement
- You may stop using Shifticker at any time and delete your organization from the settings.
- We may suspend an account that breaks these terms, that is used to monitor people unlawfully, or that endangers the service.
- Export what you need before you close an account. After termination we delete your data within 30 days, except where we are required to keep something.
Liability
Shifticker is provided as it is. We are not liable for indirect or consequential loss, and our total liability is limited to the amount you paid us in the twelve months before the claim.
Nothing here limits liability that cannot be limited by law. In particular, we do not exclude liability for our own unlawful handling of personal data.
You remain responsible for how you use the records: for telling your staff, for the decisions you take, and for any claim arising from monitoring you carried out without a lawful basis.
Changes, governing law and contact
We will give notice of material changes to these terms. Continuing to use the service after that is acceptance.
These terms are governed by the law of the Republic of Azerbaijan, and disputes go to the courts of Baku. If you live somewhere whose consumer law gives you the right to bring a claim at home, that right stands: nothing here takes it away.
Payment is taken by our payment provider as the seller of record, under its own terms, and your receipt and invoice come from it.
Questions: support@shifticker.com. How data is handled: Privacy. Support.