The Services are directed solely to persons 16 years of age or older. We do not knowingly gather information from visitors who are under 16. If we become aware that we have gathered information from a person under 16, then we will attempt to delete such information as soon as possible. If you believe that we have gathered Information from a person under 16, please contact us at email@example.com.
INFORMATION WE COLLECT AND HOW WE USE IT
We use three categories of data to provide the Services. When this Agreement uses the term “Data” alone and without other qualification, it refers to all three categories.
- Contact Data: Contact Data consists of the name, e-mail address and other contact information you or other users provide using the Tools. Contact information is accessible only by us and the client or vendor with whom you associate your registration. You consent to the use of your Contact Data for the legitimate business purposes of us and our clients, including the creation of a company directory for the inter-company use of our clients.
- Personal Data: Personal Data consists of all the personal information you or other users input into the Tools and that clients or vendors input or process about you, your employment, and any other information about you (other than the Contact Data) or other users. It includes, without limitation, employment history and qualifications, resume, salary or hourly rates, tax information, employee reviews, and all other personal information (other than the Contact Data). Your Personal Data is accessible only to us, to you, and to the client or vendor with whom your registration is associated. We do not share it with third parties, but we may use Personal Data to make inferences that help us provide the Services. We may use Personal Data in an aggregated format that is not identifiable to any individual, and that aggregated information belongs solely to us. To the extent we are required to delete any Personal Data about you, we will still retain aggregated and anonymized information that may have originated as your Personal Data.
- Usage Data: Usage Data consist of information relating to your use of the Tools, such as the device you use, how often you access the Tools and at what times, information gathered through cookies and other technical tools, and similar related usage information. Usage Data is accessible to us and to you.
The technologies we use for automatic data collection may include the following:
- Flash Cookies. Certain features of our Tools may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Tools. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of the Tools and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
SHARING YOUR INFORMATION
We will share your Information as follows.
- At Your Instruction. One purpose of our Services is for users to share information related to their use of the Services with other users. Any information you share with other users about yourself may be used by those users for the purposes for which it was given.
- Sharing with Clients and Vendors. A major purpose of our Services is to allow our clients and vendors with whom your registration is associated to manage their workforces. This involves collecting and managing information about certain users that may involve sensitive personal information, such as employment history, resume items, personal characteristics, salary and hourly rates, taxes, employee reviews, and other personal information. This is information that would likely have been kept in physical files in the past but is now kept and processed electronically, and we may gather, store, and process this information using the Tools. We require all users who have access to this information to keep it confidential and to use it solely in connection with the purposes for which the information was gathered.
- Sharing with Third Parties. ELEVATE uses a limited number of third party service providers to assist in making the ELEVATE site available to customers, offer customer services and support, assist in technical operations, and provide data processing and storage services. These third parties may process or store personal information in the course of providing their services, in which case the third party’s access, use, and disclosure of the personal information must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.
- Service Providers. We may sometimes use a third party to provide specific services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.
- Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you.
- Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us or the Services, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.
SECURITY AND PRIVACY FOR EU RESIDENTS
The information that the Tools collect may be stored locally on your Device and may be transmitted to our servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where we or our service providers operate. We take your privacy and the security of your Data seriously, and we use the Privacy Shield as a framework for those security and privacy efforts. Your obligations and our obligations with respect to the security and privacy of the Data (whether about you or a third party) are set forth in the Data Protection Addendum posted at https://www.elevatesaas.com/dpa (“DPA”). The DPA is legally binding upon you and upon us. It addresses the restrictions placed upon you in your role as an administrator or other user with access to the Data of other users. It also addresses the restrictions placed upon us regarding security and privacy issues of all Data. We are currently seeking certification under the Privacy Shield protocol and will post further notices of our certification when that is complete.
EU individuals have rights to access personal information about them, to limit use and disclosure of their personal information, and to ensure that such personal information is accurate and relevant for the purposes for which it is collected. With our “pending” Privacy Shield certification, ELEVATE has committed to respect those rights. You may access and control your personal information by sending your request to firstname.lastname@example.org.
ELEVATE is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
ELEVATE will adhere to our Privacy Shield obligations as long as we retain personal information that is covered under the Privacy Shield.
In compliance with the Privacy Shield Principles, ELEVATE commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact ELEVATE at:
3990 Westerly Place, Ste. 270
Newport Beach, CA 92660
ELEVATE has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. If neither ELEVATE nor JAMS resolves your complaint, you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.
The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
TESTIMONIALS, RATINGS, REVIEWS, AND PUBLIC FORUM
If you submit testimonials, ratings or reviews to the Services, any information you include will be displayed in the Service. We also partner with third-party service providers to collect and display ratings and review content on our web site.
Our Services may offer publicly accessible message and comment boards, blogs, and community forums. Please keep in mind that if you directly disclose information through our public message boards, blogs, or forums, this information may be collected and used by others.
SHARING INFORMATION WITH THIRD PARTIES
ACCESS AND ACCURACY
You have the right to access the information we hold about you in order to verify the information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your information as appropriate. As appropriate, this amended information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate information about you enables us to give you the best possible service.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: email@example.com
You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at firstname.lastname@example.org. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.