Legal

Privacy Policy

Last updated: August 10, 2026

1. Introduction

Nearwork LLC ("Nearwork," "we," "us," or "our") is a remote staffing agency incorporated in Wyoming, USA, operating at 30 N Gould St, Ste R, Sheridan, WY 82801. We connect US and Canadian companies ("Clients") with Latin America-based talent ("Candidates") through our recruitment, Contractor of Record (COR), Dedicated Team, and staffing services.

This Privacy Policy explains what personal information we collect, why we collect it, how we use and protect it, who we share it with, and what rights you have. By using our website (www.nearwork.co), our candidate portal (talent.nearwork.co), our job board (jobs.nearwork.co), or our client platform (app.nearwork.co), you acknowledge this policy.

We are committed to transparency. We do not sell your personal information for money. This policy is written in plain language intentionally.

2. Who This Policy Applies To

This policy applies to three groups of individuals:

Candidates: Individuals who create profiles, apply for roles, or engage with Nearwork's recruitment pipeline.
Clients: Representatives of US or Canadian companies who use Nearwork's platform to hire talent.
Website Visitors: Anyone who visits www.nearwork.co or any Nearwork subdomain.

3. Information We Collect

3.1 Information You Provide Directly

Candidates — when you create an account and progress through our pipeline, we collect:

Full name, email address, and phone number
CV/resume and its parsed contents (work history, education, certifications, skills, languages)
LinkedIn profile URL and professional links
English proficiency test results and interview recordings (where applicable)
Home address — collected at mid-to-late pipeline stages when required for contracting
National ID number (Cédula de Ciudadanía or equivalent) — collected only at the formal onboarding stage, not at application
Professional references (names and contact information of references you provide)
Any additional information you voluntarily add to your Nearwork profile

Clients — when your company uses Nearwork services, we collect:

Company name, business address, and website
Contact name, email address, and phone number of authorized representatives
Business registration number for billing and compliance
Billing details processed through our payment processor, Stripe

3.2 Information Collected Automatically

When you visit any Nearwork website, we automatically collect certain technical data:

IP address and approximate geographic location
Browser type, version, and operating system
Pages visited, time spent, and navigation behavior
Device type and screen resolution
Referral source (how you arrived at our site)

This data is collected through cookies, Google Analytics, and Google Tag Manager. See our Cookie Policy for full details.

3.3 Information from Third Parties

Affinda (CV parsing): When you upload your CV, we use Affinda's AI-powered document processing service to extract and structure your professional information. Affinda processes your CV on our behalf and retains data on their servers per their own data processing terms. We use the extracted data to populate your Nearwork profile.
Google services: We use Google Tag Manager and Google Analytics which may collect browsing data per Google's privacy policy.
HubSpot: We use HubSpot as our CRM and marketing email platform. If you engage with Nearwork marketing or contact us, your information may be stored in HubSpot.
Apollo: We use Apollo.io to identify and reach out to potential Client contacts via cold outreach. Data processed through Apollo is subject to Apollo's privacy policy.
Microsoft Teams: Interviews may be conducted via Microsoft Teams. If sessions are recorded, recordings are stored within our Microsoft environment and subject to Microsoft's privacy policy.
Stripe: All payment processing is handled by Stripe. Nearwork does not store credit card numbers or full payment credentials on our servers.

3.4 Calendar Data (Clients Who Connect a Calendar)

Client users may choose to connect a Google Calendar or Microsoft Outlook calendar to Nearwork so that candidates can book interviews at times when the required interviewers are genuinely free. Connecting a calendar is entirely optional, and Nearwork is fully usable without it.

When a Client user connects a calendar, we access the following:

Free/busy availability: We read only whether a given time period is free or busy for the connected users. We do not read event titles, descriptions, attendees, locations, attachments, or the contents of any existing calendar event.
Interview events we create: We create, update, and cancel only the calendar events that Nearwork itself generates for scheduled interviews. We do not modify or delete any other event on the connected calendar.
Account identity: The name and email address of the connected calendar account, so the Client can see which calendar is connected and disconnect it.

How this data is handled:

Free/busy availability is requested live at the moment a candidate opens a booking page. It is used to render the available time slots and is not written to our database, cached, or retained afterwards.
We store the authorisation token that permits this access, encrypted, on our servers. We do not store a copy of any calendar.
We store details of the interviews we schedule (date, time, duration, participants, and the video meeting link) so that Clients, candidates, and Nearwork staff can see the booking.
Calendar data is never used for advertising, never sold, never used to train artificial intelligence or machine learning models, and never disclosed to anyone other than the participants of the interview being scheduled.
Client users can disconnect a calendar at any time from Settings in the Nearwork client portal, or by revoking access directly in their Google or Microsoft account. On disconnection we delete the stored authorisation token immediately. Interviews already scheduled remain on the participants' calendars.

Nearwork's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

4. How We Use Your Information

We only use your information for the following purposes:

4.1 Candidates

Creating and managing your candidate profile on our platform
Evaluating your application and matching you to relevant open roles
Presenting your profile to Clients who have posted a role you have applied for — we never share your profile without your application
Communicating with you about application status, interview scheduling, and hiring decisions
Conducting background checks or reference checks with your explicit consent
Completing formal onboarding, contracting, and payroll setup if you are placed
Improving our platform and services

4.2 Clients

Creating and managing your company account
Processing payments and managing your subscription tier
Delivering hiring pipeline reports and candidate presentations
Communicating about active roles, placements, and service matters
Complying with our legal and contractual obligations

4.3 Website Visitors

Analyzing website traffic and performance through analytics tools
Improving the website experience
Marketing measurement and campaign optimization

5. Legal Basis for Processing

Nearwork processes personal data under the following legal bases:

Contract performance: Processing necessary to fulfill our services (e.g., managing your candidate profile, completing a placement).
Legitimate interests: Processing for purposes such as website analytics, platform security, fraud prevention, and cold outreach to business representatives. We balance these interests against your rights.
Legal obligation: Processing required to comply with applicable laws, tax obligations, or law enforcement requests.
Consent: Where we rely on consent (e.g., recording interviews, marketing communications), you may withdraw consent at any time without affecting prior processing.

For candidates who are Colombian residents, we additionally comply with Colombia's Law 1581 of 2012 (Ley de Protección de Datos Personales) and its implementing decrees. You have the right to know, update, rectify, and delete your data, and to revoke authorization at any time.

6. Data Sharing

6.1 Who We Share Data With

We share personal data only as described below:

Clients (for Candidates): We share your profile, CV, assessments, and interview results with the specific Client company for the role you applied to. This is the core of our service. Clients are bound by our Master Service Agreement, which requires them to delete candidate data after a role is concluded.
Service Providers (Data Processors): We share data with third parties who process it on our behalf, including Firebase (Google Cloud), Affinda, HubSpot, Stripe, Microsoft, and Google. These parties are contractually bound to protect your data and may only use it as directed by Nearwork.
Legal Authorities: We may disclose data when required by law, court order, or regulatory authority.
Business Transfers: In the event of a merger, acquisition, or sale of assets, personal data may be transferred. We will notify affected users in advance.

6.2 What We Do Not Do

We do not sell your personal data for money.
We do not share your profile with Clients who have not posted a role you applied for.
We do not share sensitive information (national ID, home address) with Clients — this data is used only for internal onboarding and payroll purposes.
We do not use candidate data for advertising or remarketing targeting.

7. Data Retention

We retain your data for the following periods:

Candidate profiles: Retained indefinitely until you request deletion or your account has been inactive for 3 years, at which point we will notify you and delete your data within 30 days unless you confirm continued use.
Client account data: Retained for the duration of the service relationship and for 5 years thereafter for legal and tax compliance purposes.
Scheduled interview records: Date, time, participants and the meeting link for interviews booked through Nearwork are retained for the duration of the relevant role and for 12 months after it closes. Free/busy availability read from a connected calendar is never stored (see section 3.4).
Interview recordings: Retained for 90 days after the relevant role is filled or closed, then deleted unless a longer period is required for an active legal matter.
CV parsing data (Affinda): Subject to Affinda's retention policies. Our extracted data in Firebase follows our candidate profile retention policy above.
Marketing contact data (HubSpot): Retained until you unsubscribe or request deletion.
Website analytics data: Retained per Google Analytics standard retention settings (default 26 months).

Deletion requests are processed within 30 days. Contact legal@nearwork.co to request deletion of your data.

8. Data Security

Nearwork uses Firebase (Google Cloud infrastructure) to store candidate and client data. Firebase provides industry-standard security including:

Encryption in transit (TLS/HTTPS) and at rest
Access controls and authentication requirements
Regular security monitoring through Google Cloud's infrastructure

We limit internal access to personal data on a need-to-know basis. Employees and contractors who access personal data are bound by confidentiality obligations.

Despite our safeguards, no system is completely secure. In the event of a data breach affecting your rights, we will notify affected individuals within 72 hours of discovery, in accordance with applicable law.

9. Your Rights

9.1 Rights for All Users

Right to Access: Request a copy of the personal data we hold about you.
Right to Rectification: Request correction of inaccurate or incomplete data.
Right to Erasure: Request deletion of your personal data. We will process this within 30 days.
Right to Data Portability: Request your data in a structured, machine-readable format.
Right to Withdraw Consent: Where processing is based on consent, withdraw it at any time.
Right to Object: Object to processing based on legitimate interests.

9.2 California Residents (CCPA/CPRA)

If you are a California resident, you have the following additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you, and the purposes for which we collected it.
Right to Delete: Request deletion of personal information we have collected, subject to certain exceptions.
Right to Correct: Request correction of inaccurate personal information.
Right to Opt-Out of Sale or Sharing: We do not sell personal information for money. However, our use of Google Analytics may constitute a "share" for cross-context behavioral advertising under CCPA. You may opt out via our cookie consent tool or by emailing legal@nearwork.co.
Right to Limit Use of Sensitive Personal Information: You may direct us to limit our use of sensitive personal information (such as national ID numbers) to what is strictly necessary for service delivery.
Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

To submit a CCPA request, email legal@nearwork.co with the subject line "CCPA Request." We will respond within 45 days. We may extend this period by an additional 45 days where necessary.

9.3 Canadian Residents (PIPEDA / Quebec Law 25)

For Canadian clients and any individuals whose data we process in connection with Canadian companies, we comply with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec's Law 25 (Act respecting the protection of personal information in the private sector, effective September 2023).

Meaningful consent: We obtain consent before collecting, using, or disclosing personal information.
Limited collection: We collect only what is necessary for our stated purposes.
Access and correction: You may request access to your personal information and request corrections.
Accountability: Nearwork is accountable for all personal information in its possession, including information transferred to third parties.

To exercise your rights under PIPEDA or Law 25, contact legal@nearwork.co.

10. International Data Transfers

Nearwork is a US-registered entity (Wyoming LLC) that serves US and Canadian clients and works with Colombian-based candidates. Data is transferred internationally as part of our core operations:

Candidate data originating in Colombia is stored on Firebase (Google Cloud) servers, which may be located in the United States.
Client data from US and Canadian companies is processed within the United States.
Data processed by Affinda, HubSpot, and other processors may be subject to international transfer under their own data transfer mechanisms.

By using our services, Colombian candidates consent to the transfer and processing of their data in the United States, subject to the protections described in this policy.

11. Children's Privacy

Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from minors. If we become aware that we have collected personal information from a minor without parental consent, we will delete that information promptly. Contact legal@nearwork.co if you believe a minor's data has been collected.

12. Do Not Sell or Share My Personal Information

Nearwork does not sell personal information for monetary consideration. As noted in Section 9.2, our use of analytics tools such as Google Analytics may constitute "sharing" under California's broad CCPA definition. You have the right to opt out of such sharing.

To opt out: Use the cookie consent banner when visiting our site, or email legal@nearwork.co with the subject line "Do Not Share My Information."

13. Changes to This Policy

We may update this Privacy Policy from time to time. When we do, we will revise the "Last Updated" date at the top of this document. For material changes, we will notify registered users via email at least 14 days before the change takes effect. Continued use of our services after that period constitutes acceptance of the updated policy.

14. Contact Us

For privacy-related questions, requests, or complaints:

Email: legal@nearwork.co
Mail: Nearwork LLC, Attn: Privacy, 30 N Gould St, Ste R, Sheridan, WY 82801
Response time: We aim to respond to all privacy requests within 5 business days.

If you believe your privacy rights have not been adequately addressed, you may file a complaint with the relevant regulatory authority in your jurisdiction.