Privacy Policy
(Updated December 10th, 2020)
Home Instead, Inc. (“Home Instead,” “we” or “us“) is the master franchisor of the worldwide network of independently owned and operated master franchise and sub-franchise Home Instead businesses.
Purpose and scope of this Notice
We are committed to protecting the privacy and security of your personal information. This Privacy Notice (“Notice“) explains how we handle personal information that is subject to the GDPR and sets out individuals’ rights related to our processing of such personal information. In this Notice, we use the term “GDPR” to include the (European Union) EU General Data Protection Regulation (GDPR), as well as associated national laws.
For this Notice, “personal information” means any information relating to an identified or identifiable person.
This Notice applies to personal information that we collect about EU data subjects, including, without limitation:
- Prospective master franchisees;
- Principals, employees and sub-franchisees of our master franchisees;
- Contractors, agents and vendors and their personnel; and
- Other third parties with whom we network.
For information about how our master franchisees and their sub-franchisees collect and use personal information, please refer to the separate privacy policies that can be found on their respective websites.
Our promise to you
We will comply with the GDPR when it comes to the processing of your data. Accordingly, the personal information we hold about you will be:
- Used lawfully, fairly and in a transparent way;
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
- Relevant to the purposes we have told you about and limited only to those purposes;
- Accurate and kept up to date;
- Kept only as long as necessary for the purposes we have told you about; and
- Kept securely.
Personal information we collect and how we use it
The information we collect about you will depend on who you are. We may collect personal information directly from you, through your use of www.homeinsteadglobal.com (the “Site“) and/or from third parties, such as background check or other screening agencies.
We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason, and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis that allows us to do so. To the extent legally allowed, you may opt-out of such unrelated use.
The sections below explain in detail what information we collect on each group of individuals with whom we work or come in contact.
Prospective Master Franchisee
If you are inquiring into or applying for the purchase of a master franchise license from us, we may collect, store and use the following categories of personal information about you:
- Name, title and company
- Contact information, including mailing address, telephone number, fax number and email addresses;
- Financial information;
- Educational history and credentials;
- Employment history;
- Litigation and bankruptcy history;
- Directorships and shareholding;
- References;
- Relevant information as required by anti-bribery & anti-corruption regulations (e.g., the U.S. Foreign Corrupt Practices Act), such as information regarding your inclusion on any Office of Foreign Assets Control (OFAC) sanctions lists and/or information about criminal convictions and offenses; and
- Other information included in a CV or cover letter or as part of the inquiry or application process.
We will process your personal data for the following purposes, in each case as justified by a legal basis:
| Legal Basis | Purpose |
| Performance of a contract |
|
| Compliance with a legal obligation |
|
| Legitimate interests of the controller |
|
If you fail to provide certain information when requested, we may not be able to continue to consider your master franchise application.
Principals, Employees and Sub-franchisees of our Master Franchisees:
If you are a principal, employee or sub-franchisee of one of our master franchisees, we may collect, store and use the following categories of personal information about you:
- Name, title and company;
- Contact information, including mailing address, telephone number, fax number and email addresses;
- Photo;
- Directorships and shareholding; and
- Relevant information as required by anti-bribery & anti-corruption regulations (e.g., the U.S. Foreign Corrupt Practices Act), such as information regarding your inclusion on any Office of Foreign Assets Control (OFAC) sanctions lists and/or information about criminal convictions and offenses.
We will process your personal data for the following purposes, in each case as justified by a legal basis:
| Legal Basis | Purpose |
| Performance of a contract |
|
| Compliance with a legal obligation |
|
| Legitimate interests of the controller |
|
Contractors, Agents and Vendors and their Personnel:
If you or your company are inquiring into, applying to become or have become a contractor, agent and/or vendor of Home Instead, we may collect, store and use the following categories of personal information about you:
- Name, title and company;
- Contact information, including mailing address, telephone number, fax number and email addresses; and
- Relevant information as required by anti-bribery & anti-corruption regulations (e.g., the U.S. Foreign Corrupt Practices Act), such as information regarding your inclusion on any Office of Foreign Assets Control (OFAC) sanctions lists and/or information about criminal convictions and offenses.
We will process your personal data for the following purposes, in each case as justified by a legal basis:
| Legal Basis | Purpose |
| Performance of a contract |
|
| Compliance with a legal obligation |
|
| Legitimate interests of the controller |
|
If you fail to provide certain information when requested, we may not be able to continue to consider your potential approval as a contractor, agent or vendor.
Other third parties with whom we network
Where we maintain a business or referral relationship with you and/or your organization we may collect, store and use the following categories of personal information about you:
- Name, title and company; and
- Contact information, including mailing address, telephone number, fax number and email addresses.
We will process your personal data for the following purposes, in each case as justified by a legal basis:
| Legal Basis | Purpose |
| Legitimate interests of the controller |
|
Who has Access to Your Data
We use and may establish a business relationship from time to time with other businesses whom we believe to be trustworthy and whom we believe have privacy practices that are consistent with ours (“Third-Party Providers”). Representative business processes that our Third-Party Providers may assist us with include:
- offering customer service, assessing quality and customer satisfaction;
- enabling website features;
- hosting and maintenance;
- data storage and management;
- payment processing;
- conducting surveys;
- marketing and promotions; and
- assisting with hiring of employees.
We conduct an appropriate level of due diligence and put in place contractual documentation in relation to any Third-Party Provider to ensure that they process personal information appropriately and in accordance with our legal and regulatory obligations. We only provide our Third-Party Providers with the information necessary for them to perform services on our behalf. The Third-Party Providers are not allowed to use personal information they receive from us for any other purpose. Each Third-Party Provider is expected to use reasonable security procedures and practices appropriate to the nature of the information involved to protect your personal data from unauthorized access, use or disclosure.
In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Our use of cookies and similar technologies
The Site may use certain cookies, pixel tags, log files (this includes IP address, browser type, referring and exit web pages and operating system) and other technologies to operate and improve the Site (and related services), and to collect information about how the Site is accessed and used and about website performance. Please see our Cookie Policy to find out more about the cookies we use and how to manage and delete cookies.
Where we transfer your personal information
We are located in the United States. When you submit personal information to us, or when others provide personal information to us, we will receive it and process it in the United States.
If you are located within the European Union/European Economic Area (EEA) or Switzerland, please note that we may transfer your personal information to countries outside the EEA or Switzerland that may not provide an adequate level of protection for your personal information. Prior to any such transfer, we will conduct a due diligence process to ensure the continued safety and security of your data and implement appropriate safeguards, including the use of specific contracts approved by the European Commission, which give personal data the same protection it has in Europe.
Where applicable, you have a right to obtain details of the mechanism under which your personal information is transferred by submitting a Privacy Request Form.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
On 16 July 2020, the European Court of Justice ruled that the Commission Implementing Decision (EU) 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield is invalid.
Notwithstanding the above, Home Instead participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Frameworks, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.
Home Instead is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Home Instead complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Home Instead is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
How to access your information and your other rights
Home Instead respects your control over your information. You have the following rights in relation to the personal information we hold about you:
- Your right to access – If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
- Your right to correction (rectification) – If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have the information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible. If you ask us, we will also tell you, where possible and lawful to do so, with whom we have shared your personal information so that you can contact them directly.
- Your right to erasure – You can ask us to delete or remove your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we have shared your personal information with others, we will let them know about the erasure where possible. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information so that you can contact them directly.
- Your right to restrict (block) processing – You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we have shared your personal information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information so that you can contact them directly.
- Your right to data portability – You have the right, in certain circumstances, to receive a copy of personal information we’ve obtained from you in a structured, commonly used and machine-readable format and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
- Your rights in relation to automated decision-making and profiling – You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
- Your right to withdraw consent – If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time by contacting us.
- Your right to lodge a complaint with the supervisory authority – if you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to the relevant supervisory authority, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation. To make such a request of us, please contact us using one of the following methods:
- Submitting a Privacy Request Form;
- Writing to us at Home Instead, Inc., 13323 California Street, Omaha, NE 68164; or
- Calling us toll-free at +1.888.484.5759.
Please note that some of these rights may be limited where we have an overriding legitimate interest or legal obligation to continue to process the personal information or where the personal information may be exempt from disclosure due to applicable law, the applicable rules of professional conduct, attorney-client privilege, legal professional privilege, other applicable privileges or protections or professional secrecy obligations.
Retention of Personal Information
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
Confidentiality and security of your personal information
We are committed to keeping personal information secure and we have implemented appropriate information security policies, rules and technical measures to protect the personal information that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. Please note that no transmission over the Internet is completely secure or error-free, and that the information security policies, rules and technical measures utilized and maintained by us may be subject to compromise.
All of our employees and data processors (i.e., those who process your personal information on our behalf, for the purposes listed above) who have access to and are associated with the processing of personal information, are obliged to respect the confidentiality of such personal information.
Collection of Information by Third-Party Websites and Sponsors
The Site contains links to other websites whose information practices may be different than ours. Visitors should consult the other websites’ privacy notices as we have no control over information that is submitted to or collected by these third parties.
Children’s Privacy
We do not knowingly collect personal data from children under the age of 18 nor market our products or services to children under the age of 18. We have no reason to believe that the Site will attract children or that children will access the Site or provide personal data. If we become aware that we have inadvertently received personal data from a child under the age of 18, we will delete such information from our records.
Changes to this Notice
We may make changes to this Notice from time to time to reflect changes in our practices. We may also make changes as required to comply with changes in applicable law or regulatory requirements. Where we materially change this Notice, we will take steps to notify you (such as by posting a notice on the Site or via email) and, where required by applicable law, to obtain your consent.
How to contact us
You can always contact us by using one of the following methods:
- Submitting a Privacy Request Form;
- Writing to us at Home Instead, Inc., 13323 California Street, Omaha, NE 68154; or
- Calling us toll-free at +1.888.484.5759.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.