Welcome to the combined Legal Hub for Fuse and Gustav. Here you will find all our legal agreements.
Last update on: May 25, 2023
Visit any of our websites; visit our social media pages; receive communications from us; or register for, attend and/or otherwise take part in any of our events, tutorials, webinars or contests (collectively “Visitors”);
Register to or otherwise use any of the Fuse Gustav VMS Services as a team member or employee of one of our Customers (collectively “Users”), when we act as a controller of your Personal Information; and
"You" may, depending on the context, be a Visitor, a User or an Applicant of one or more of the Fuse Gustav VMS.
Data: Collectively all information that you submit to Fuse Gustav VMS via our websites and by using Fuse Gustav VMS. This definition incorporates, where applicable, the definitions provided in the European Union’s 2018 General Data Protection Regulation (GDPR);
Credit & Debit Card Data: We rely on third parties to process your transactions. We do not store credit card details nor do we share customer details relating to financial data with any 3rd parties;
Cookies: A small text file may be placed on your computer by our websites and Fuse Gustav VMS when you visit certain parts of our websites and/or when you use certain features of the Fuse Gustav VMS. Details of the cookies used by us are set out in the clause “Cookies and Similar Tracking Technologies” below.
UK and EU Cookie Law: the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and the European Union’s 2018 General Data Protection Regulation;
User or you: any third party that accesses our websites or Fuse Gustav VMS and is not either (i) employed by Fuse Cooperative and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Fuse Gustav VMS and accessing the our websites or Fuse Gustav VMS Services in connection with the provision of such services; and
Websites: the websites that you are currently using such as https://www.hellogustav.com/, https://www.gustav.app and any sub-domains of this sites unless expressly excluded by their own terms and conditions.
Fuse Gustav VMS offers cloud-based software-as-a-service products and services for the recruiting and staffing industry, including but not limited to software that helps to distribute jobs to recruiting and staffing companies, receiving and reviewing submitted candidates, managing the communication between each staffing company, reviewing performance KPIs, sending candidate resumes/CVs to clients, managing resumes/CVs, as well as other services including but not limited to educational events and webinars.
The following products and services are collectively referred to as the “Fuse Gustav Services” or “Services” and include but are not limited to:
Fuse Gustav VMS - a vendor management software that enables staffing and recruiting firms to manage the distribution of jobs and candidate submittals to and from their sub-vendors and partners.
Fuse Cooperative DBA Gustav. is both a Controller and a Processor, depending on the circumstance.
Fuse Cooperative DBA Gustav as the Controller of Data
If you are a Customer, you (or your team administrator) may provide certain Personal Information to us through the Fuse Gustav Services - for example, when you register for an account to access and use the Fuse Gustav VMS, when you consult with customer support, send us an email or communicate with us in any way (for example, to make a support request). You have the ability to access and modify your data when it is on our platform. Learn more about what type of data we collect in the section “What information do we collect”.
Fuse Cooperative DBA Gustav as the Processor of Data
Fuse Gustav VMS follows these principles in order to protect your privacy:
The information we collect depends on the ways you interact with the Fuse Gustav VMS and the choices you make (including your privacy settings), the products and features you use, your location and applicable law.
A. Information We Collect
(i) Information You Provide to Us
When a Visitor to our website contacts us and/or registers for information, content or an event sponsored by Fuse Gustav VMS, we will collect certain personal information so that we may fulfill the Visitor’s request or keep in touch with them in connection with our sales and marketing activities (always in accordance with a Visitor's marketing preferences). The Personal Information we collect and we may have collected in the past twelve (12) months include:
If you are a User, you (or your team administrator) may provide certain Personal Information to us through the Fuse Gustav VMS - for example, when you register for a Fuse Gustav VMS account to access and use the Fuse Gustav Services, when you consult with customer support or send us an email or communicate with us in any way (for example, to make a support request).
The Personal Information we collect may include:
If you ever communicate directly with us, we will maintain a record of those communications and responses.
(ii) Information We Collect Automatically
This information we collect includes:
When you use or interact with the Fuse Gustav Services, we automatically collect or receive certain information through our Services (for example in log files) and through other technologies (such as cookies) about your device and usage of the Fuse Gustav VMS. In some (but not all) countries, including countries in the European Economic Area ("EEA"), UK and Switzerland, this information is considered 'personal data' under data protection laws. Please see the section on Cookies below for more information.
The information we collect includes:
Log and usage data, which is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use the Fuse Gustav VMS and which we record in log files. This log data may include the Internet Protocol (IP) address, device information, browser type and settings and information about your activity in the Services (such as the date/ time stamps associated with your usage, pages and files viewed, searches and other actions you take (for example, which features you use), device event information (such as system activity, error reports and hardware settings).
Device data, such as information about your computer, phone, tablet or other device you use to access the Fuse Gustav VMS. This device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system and system configuration information.
Location data, such as information about your device's location, which can be either precise or imprecise. How much of this information we collect depends on the type and settings of the device you use to access the Fuse Gustav VMS. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Fuse Gustav VMS.
This information is used to:
(iii) Information We Collect from Third Parties
In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, as well as from other third parties. This information may include your: mailing address, job title, functional role, business email, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, social media URLs and custom profile. We process this data for the purposes of: updating our records; targeted advertising; event promotion; optimizing our sites and the Fuse Gustav VMS; for our sales and marketing activities, including to send marketing emails.
Fuse Gustav VMS processes personal information for the following business and commercial purposes, and if you are a resident in the EEA or UK, on the legal basis identified below:
Providing our websites, apps and Fuse Gustav VMS: In reliance on our legitimate interest, we process your personal information to operate and administer our websites, and to provide, operate, and maintain the Fuse Gustav VMS;
Communicating with you about the Fuse Gustav VMS: We may send you service, technical and other administrative or technical email, messages and other types of notifications (such as distribution and product updates and product patches and fixes) in reliance on our legitimate interests in administering the Fuse Gustav VMSand providing certain features. These communications are considered part of the Fuse Gustav VMS and in most cases you cannot opt-out of them. If an opt-out is available, you will find that option within the communication itself;
Providing necessary functionality: We process your personal information in reliance on our legitimate interest to provide you with the necessary functionality required during your use of our websites and Fuse Gustav VMS.
Transactional considerations: We process your personal information to complete transactions, and send you related information, including purchase confirmations and invoices, to perform our contract with you and to the extent necessary in reliance on our legitimate interest;
Handling contact and support requests: If you fill out a “Contact Us” web form or request support as a User, or if you contact us by other means including via a phone call, we process your Personal Information to perform our contract with you and/or (if we have not entered into a contract with you) to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
Developing and improving our websites and services: We process your Personal Information to analyze trends and to track your usage of and interactions with our websites, marketing activities and Fuse Gustav VMS to the extent it is necessary for our legitimate interest in developing, improving and troubleshooting our websites, marketing activities and the Fuse Gustav VMS and providing you with more relevant content and service offerings, or where necessary, in reliance on your consent;
Sending marketing communications: We will process your Personal Information for marketing purposes in accordance with your preferences, such as to communicate with you via email, SMS or telephone about services, features, surveys, newsletters, promotions or events we think may be of interest to you and/or to provide other news or information about Fuse Gustav VMS and/or our select partners, in each case in reliance on our legitimate interest in conducting direct marketing or where necessary with your consent. Please see the "Your Privacy Rights" section below, to learn how you can control the processing of your Personal Information byFuse Gustav VMS for marketing purposes;
Displaying personalized advertisements and content: We process your Personal Information to conduct marketing research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in supporting our marketing activities or advertising the Fuse Gustav VMS or, where necessary, to the extent you have provided your prior consent (please see the "Your Privacy Rights" section, below, to learn how you can control how the processing of your Personal Information for personalized advertising purposes);
Promoting the security of our websites and services: To the extent necessary for our legitimate interests in promoting the safety and security of our websites and services, we use your Personal Information to investigate and prevent fraudulent transactions, unauthorized access to the websites, Fuse Gustav VMS, and other illegal activities;
For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and features, enhancing, improving or modifying our products and services, identifying usage trends and expanding our business activities in reliance on our legitimate interests; and
Complying with legal obligations: We process your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites, the Fuse Gustav VMS, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
Reviewing compliance with applicable usage terms: We process your Personal Information to review compliance with our contract with you or your organization (where applicable) to the extent that it is in our legitimate interest to ensure adherence to the relevant terms; and
Other purposes: We will process your Personal Information for other purposes about which we notify you in advance, or for which we receive your consent.
All of your Personal Information remains private and confidential. The security of your Personal Information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
Your data consists of things like your user name, notifications, passwords, linked accounts like Google or Slack, chat messages, and so on. The majority of this data is stored on an encrypted database at both rest and in-transit within AWS. Access to this server is restricted.
Fuse Gustav VMS maintains a comprehensive written information security program that complies with applicable law and generally accepted industry standards. Our program includes appropriate administrative, technical and physical safeguards, procedures and practices to protect Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over theInternet, or method of electronic storage, however, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, the Fuse Gustav VMS, web applications owned and operated by Fuse Cooperative, or the Fuse Gustav Services, please contact us using the contact information below.
Fuse Gustav VMS and its representatives will never request your account credentials. You should never share your account information, including your username and password, with anyone else. We recommend that you use a unique password for your Fuse Gustav VMS account that is not associated with other websites. You should check your Fuse Gustav VMS account regularly to ensure that your Personal Information has not been tampered with or altered. Any suspicious activity regarding your account, including automated messages or calls from parties you cannot identify, should be reported to your site administrator and Fuse Gustav VMS using the contact information below.
When acting as a controller, and depending on your location, your jurisdiction, and subject to applicable law, you may have the rights below with regard to the Personal Information we control about you. We will respond to your requests within the appropriate timeline under applicable law.
The right of access: You have the right to request that we disclose what Personal Information we have collected, used and disclosed about you. You can do so at any time by contacting us using the contact details provided under the "How to Contact Us" heading below.
The right to erasure: You have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions. You can do so at any time by contacting us using the contact details provided under the "How to Contact Us " heading below.
The right to rectification: You have the right to request that Gustav correct any information you believe is inaccurate. You also have the right to request Fuse Gustav VMS to complete the information you believe is incomplete. You can do so at any time by contacting us using the contact details provided under the "How to Contact Us " heading below.
The right to restrict processing: You have the right to request that Fuse Gustav VMS restrict the processing of your personal data, under certain conditions. You can do so at any time by contacting us using the contact details provided under the "How to Contact Us " heading below.
The right to object to processing: You have the right to object to Fuse Gustav VMS’s processing of your personal data, under certain conditions. You can do so at any time by contacting us using the contact details provided under the "How to Contact Us " heading below.
The right to data portability: You have the right to request that Fuse Gustav VMS transfer the data that we have collected to another organization, or directly to you, under certain conditions.You can do so at any time by contacting us using the contact details provided under the "How to Contact Us " heading below.
The right to non-discrimination: You will not receive any discriminatory treatment when you exercise one of your privacy rights.
You can also ask us to correct or update your Personal Information; object to the processing of your personal information; ask us to restrict processing of your Personal Information or request the portability of your Personal Information. Again, you can exercise these rights by contacting us using the contact details provided under the "How to Contact Us " heading below
While you cannot opt out of service-related emails if you are an account holder, as this is an essential part of the Fuse Gustav VMS, you have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you, or you can contact us using the contact information below.
Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent
You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
If you make a request, we have one month to respond to you. If you would like to exercise any of the rights above, please contact us at our email: email@example.com with the subject line of “GDPR Request”. Emails with any other subject line cannot be guaranteed to be responded to within the same timeframe or recognized as a valid request.
As mentioned above, Fuse Gustav VMS may provide third parties with certain personal information to provide or improve our products and services, for example to deliver products or services at your request. In such cases, we require those third parties to handle the information in accordance with applicable laws and regulations. Fuse Gustav VMS does not sell personal information to third parties (pursuant to California Civil Code §§ 1798.100–1798.199, also known as the California Consumer Privacy Act of 2018), nor does Gustav share personal information with third parties for their direct marketing purposes (pursuant to California Civil Code Sec.1798.83).For more information review our California Privacy Notice.
You can exercise your rights yourself or depending on your country or state, you may be able to designate an authorized agent to exercise these rights on your behalf. Please note that to protect your personal information, we will verify your identity by a method appropriate to the type of request you are making. For example, this could include sending an email to an account on record, or asking you to identify a recent transaction or communication. We may also request that your authorized agent sign a declaration under the penalty of perjury attesting to their designation as your authorized agent, and that they have written permission from you to make requests on your behalf. We may also need to verify your authorized agent's identity to protect your personal information.Please use the contact details below, if you would like to:
Email us at: firstname.lastname@example.org with the subject line of “GDPR Request”
or write to us at:
Data Protection Officer
StSte 300 #50
Denver, CO 80202
We will retain your Personal Information for as long as is necessary to fulfill the services that you have requested, comply with any laws or regulations, resolve disputes, and enforce our agreements. Fuse Gustav VMS may retain your data longer for a legitimate business interest where business benefit is not outweighed by your personal rights and freedoms. Data entered into the Fuse Gustav VMS and processed on behalf of our Customers as a service provider or processor is retained in accordance with any applicable agreement between Fuse Cooperative and its Customer.
Our website and services are not targeted at children under sixteen (16) years of age. As such, Fuse Gustav VMS does not process or disclose Personal Information of minors under sixteen years of age. If you believe we have collected personal information about a child under sixteen, please contact us using the How to Contact Us Section above.
Your personal information may be transferred to, and processed in the United States and in any other country where Fuse Gustav VMS or its affiliates, subsidiaries or third party service providers maintain facilities or personnel. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective). We follow applicable data protection laws when transferring personal data. If you are resident in or a visitor from the EEA, United Kingdom or Switzerland, we will protect your Personal Information when it is transferred outside of such locations by processing it in a territory which the European Commission has determined provides an adequate level of protection for Personal Information; or otherwise implementing appropriate safeguards to protect your Personal Information, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the European Commission.
IF YOU USE INFORMATION PROVIDED TO YOU THROUGH FUSE GUSTAV SERVICES, LINKS, OR THIRD PARTY SITES YOU DO SO AT YOUR SOLE RISK. INFORMATION PROVIDED THROUGH GUSTAV SERVICES AND ALL RELATED SERVICES IS “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 5 WE DO NOT WARRANT THAT INFORMATION PROVIDED TO YOU VIA GUSTAV SERVICES (A) WILL MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) WILL NOT BE DISCLOSED TO THIRD PARTY USERS OR THEIR EMPLOYEES OR AGENTS, (D) WILL BE ACCURATE OR RELIABLE; OR (D) WILL MEET YOUR EXPECTATIONS. IF YOU ACCESS OR TRANSMIT ANY INFORMATION THROUGH GUSTAV SERVICES YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Fuse Gustav VMS with or without notice and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access to and use of the Fuse Gustav VMS, and if we believe that you have committed such acts, we may report you to appropriate law enforcement authorities.
We reserve the right to amend or vary this Policy from time to time to reflect evolving legal, regulatory or business practices. When we update our Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make (which, for minor changes, may include posting the revised Policy to our Site with immediate effect). We will obtain your consent to any material Policy changes if and where this is required by applicable data protection laws.
We encourage you to periodically review this page for the latest information on our privacy practices. We may also place a prominent notice on our website.
You can see when this Policy was last updated by checking the “last updated” date displayed at the top of this Policy Policy page.