Kwalified Privacy Policy

Notice: Kwalified’s Privacy Policy has been updated as of 07-25-2017.

The Kwalified Terms and Conditions, including this Privacy Policy, constitute a legally binding agreement between you and Kwalified, LLC (“Kwalified”, or “we”). This Privacy Policy sets forth information about the collection, use, and disclosure of personal data or personally identifiable information (“Personal Data”) and other information in connection with your use of the services offered by Kwalified, including without limitation the job referral services (the “Referral Services”) and Kwalified.com (the “Website”) (collectively, the “Services”).

By signing up, accessing, using, or participating in the Services, either as a job seeker (“Job Seeker”) or as a referrer (“Kwalifier”), or by visiting the Website, you hereby expressly agree to comply with, and be bound by, the terms of this Privacy Policy. Kwalified reserves the right to refuse, restrict, prohibit, or reject your access to, use of, or participation in the Services at any time and for any reason. Please read this Privacy Policy carefully before using any of the Services.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an email to the email address listed by registered users and/or by posting a notice and the revised Privacy Policy on the Website.

You acknowledge that it is your responsibility to maintain a valid email address as a registered user, and to review the Website and this Privacy Policy periodically in order to be aware of any modifications. Your continued use of the Services after such modifications will constitute your acknowledgment of the modified Privacy Policy and agreement to abide and be bound by the modified Privacy Policy. You can see when this Privacy Policy was last updated by checking the date at the top of this page.

Information We Collect

We may, in order to facilitate your use of the Services, collect personally identifiable information from and about you, including without limitation your name, physical addresses, email addresses, telephone numbers, and date of birth (collectively, “Personal Information”). By using the Services, you acknowledge and consent to our collection, use, and disclosure of your Personal Information as necessary to operate our business and provide the Services, and such consent continues until you notify us in writing of withdrawal of your consent in accordance with the procedures set forth in the “Opt Out” section below.

You acknowledge and agree that we may also collect information which does not identify you (“Technical Information”), either directly from you when you provide it to us, or automatically as you navigate the Website (e.g., usage details). Such Technical Information may include but is not limited to: (i) details of your visits to our Website and use of the Services, including traffic data, location data, logs, and the resources that you access and use on our Website or the Services; (ii) information about your computer and internet connection, operating system and browser type, device identifier, and your Internet Protocol (“IP”) address; and (iii) location-based information for the purpose of pairing you with Job Seekers or Kwalifiers.

Information You Provide

In the course of using the Services, you may provide us with information about yourself, including but not limited to: (i) information that you provide by registering for the Services or filling in forms on our Website, responding to surveys, posting material, or communicating with our personnel; (ii) details of transactions you carry out through the Website; (iii) information you provide to us to be published or displayed on public areas of the Website, or transmitted to other users of the Website or third parties; and (iv) information about you from third party social media sites (e.g., LinkedIn, Monster, Facebook or Twitter), including but not limited to profile information, timeline feeds, contact and follow lists, and network statistics and updates, if you authorize Kwalified to connect your account to such sites.

Payment

If you register for the Referral Services as a Job Seeker, we require a nominal subscription fee of one dollar ($1.00) per month. In order to collect this fee, and to collect any Referral Fee for a Placement (as defined in the Terms and Conditions), we must also collect payment card information from you. All such payment card information is stored by, and all payments to Kwalified are processed through, third party payment card processor Stripe. By making any payment to Kwalified, you agree to be bound by the Stripe Terms and Privacy Policy.

If you register as a Kwalifier and are entitled to a Referral Fee, we may distribute the Referral Fee one of several ways: (i) via check, delivered by mail; (ii) via direct deposit; (iii) via a third-party payment processor; or (iv) by any other method Kwalified reasonably deems effective.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information, to: (i) administer, personalize, or improve the Services, including the Website; (ii) provide you with information, products, or services that you need, depending on the type of Services you use; (iii) provide you with notices about your account, including but not limited to notices related to the payment of Referral Fee; (iv) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (v) notify you about changes to the Services; (vi) allow you to participate in interactive features on our Website; (vii) diagnose service or technical problems, troubleshoot, analyze how our Services are used, or personalize content for you; (vii) verify your employment; (viii) comply with applicable laws and regulations, including those related to taxes; or (ix) in any other way we may describe when you provide information.

Sensitive Information

Any information, including Personal Information, which you voluntarily disclose for public posting to our Services becomes available to the public and may be accessed, used, and stored by others around the world. Accordingly, you should not disclose sensitive Personal Information or any other information that you would not want made public. You should never provide your social security number, financial information, passport number, and other sensitive information not necessary for your participation in the Services, unless specifically requested by Kwalified (e.g., for tax purposes).

How We Share Your Information

We may share or disclose your Personal Information with selected third parties, including but not limited to: (i) other Kwalifiers or Job Seekers; (ii) companies within our corporate family, including our subsidiaries and corporate affiliates; (iii) a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets or stock, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding; (iv) employment verification agencies, credit card processing and other billing service providers, customer service providers, and email service providers; or (v) other third parties as necessary to enforce or apply our Terms and Conditions or other agreements with you.

In certain situations, Kwalified may also disclose Personal Information: (i) in response to lawful requests by public authorities or in connection with litigation; (ii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kwalified, our users, or others; or (iii) if we believe disclosure is necessary to investigate, prevent, or take action regarding suspected or actual illegal activities (including instances where we suspect a user has uploaded any content that is infringing).

We may also authorize third party vendors to collect information on our behalf, including as necessary: (i) to operate certain features of our Website; or (ii) to provide analytics search optimization services. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.

How We Protect Your Information

We use appropriate technical and organizational measures to protect your Personal Information. All information you provide to us is stored on GoDaddy secure servers behind firewalls. Any information you submit or upload will be encrypted. As discussed above, payment card or other bank information necessary for processing payment and disbursement of Referral Fees is stored with third party payment processors, and not on Kwalified’s servers. For more information about those third parties’ security practices, see their privacy policies. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and keep your account information secure. In the event that Personal Information is compromised as a result of a breach of security, Kwalified will notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy or as otherwise required by applicable law.

Public Forums

You should be aware that when you voluntarily disclose any Personal Information in public forums on the Website, including but not limited to public message boards or comment threads, this information, along with any information disclosed in your communication in such public forums, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Privacy Policy does not apply to such information. You acknowledge and agree that you, and not Kwalified, are responsible for providing such information in any public forum. Any submissions to public areas on the Website are accepted by you with the understanding that such forums are accessible to all third parties. If you do not want your comments or any content to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and account information. Please be careful and responsible whenever you’re online.

Cookies and Similar Technologies

Kwalified uses cookies or similar technologies to analyze trends, administer the Website, track users’ movements around the Website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Website. You can also set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still have access to some functionality and but many areas of our Website, including paying your monthly subscription fee and Referral Fee may be restricted.

Log file information is automatically reported by your browser each time you access a web page. These server logs may include information such as your web request, IP address, browser type, referring/exit pages and URLs, number of clicks, domain names, landing pages, and other such information. We do not link this automatically collected data to any other information we collect about you.

When you use our Services, Kwalified or our third party analytics providers may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously to help us better manage content on our Website by informing us of what content is effective. No Personal Information from your Kwalified account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Kwalified better for our users.

We may use mobile analytics software to allow us to better understand the functionality of our any of our mobile applications on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

Do Not Track Signals

Some third party websites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain website browsers allow you to set the Do Not Track (“DNT”) signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. We do not respond to DNT signals on your browser. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Social Media

Our Services may include social media features, such as the Facebook Like button and widgets, the “Share This” button, or other interactive mini-programs that run on our Services. These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the company providing such features.

Choices About Your Information

Upon request, Kwalified will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at support@Kwalified.com. You may decline to submit Personal Information through our Services, in which case Kwalified may not be able to provide the Services to you. You may update, delete inaccuracies, or correct your account information and email preferences at any time by logging into your account and selecting email/password. You can also submit a request to review, delete inaccuracies, correct and access the information about you by contacting us at support@Kwalified.com. We will respond to your request within a reasonable timeframe. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or violate a prior agreement you have entered into (e.g., by selecting a position level).

Opt Out

If you wish to cancel your account, please contact us at support@Kwalified.com. Please note, since we keep track of past transactions, you cannot delete information associated with past transactions on the Website. In addition, it may be impossible to completely delete your information without some residual information because of backups. We also reserve the right to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

To request removal of your Personal Information from our Website contact us at support@Kwalified.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile, or click “Unsubscribe” in any e-mail communications we send you. You cannot opt out of Services-related notices. Opting out may prevent you from receiving email messages regarding updates, improvements, offers, or new features or functionality.

If you choose to use our invitation service to invite a friend to our Services, we may provide you with a link to copy and paste to share with your friends, or spread the word on Linkedin, Facebook or Twitter. We provide you with a unique link ID so that you earn credit for each friend that joins the site by following your link. Your friend may contact us to request that we remove this information from our database at support@Kwalified.com.

Where Your Information Is Stored

Please be aware that your Personal Information may be transferred to, stored in, and processed in our facilities and by those third parties with whom we may share your Personal Information, in the United States and potentially in other countries. By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Children’s Privacy

Kwalified does not knowingly collect or solicit Personal Information from anyone under the age of 13, or knowingly allow such persons to register to use the Services. No one under age 13 is allowed to provide any Personal Information to Kwalified or on the Website. In the event that we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@Kwalified.com.

Third Party Websites

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information you provide to us or we collect from you. Other websites accessible through our Website have their own privacy policies and data collection, use and disclosure practices. Please consult each website’s privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our Website may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

California Residents

California residents may choose to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes or choose to opt out of such disclosure. To make a request or to opt out at any time, please contact us support@Kwalified.com or mail us at the address provided below.

Notices

Except as otherwise set forth herein, or as required by law, all notices provided to Kwalified should shall be sufficiently delivered if delivered to the address listed immediately below: (i) by email; (ii) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service; or (iii) by certified mail, return receipt requested, postage prepaid.

Kwalified, LLC

PO Box 39521

Los Angeles, CA 90039

Email: moderator@kwalified.com

Except as otherwise required by law, you agree that Kwalified may provide notice to you via the e-mail address you provided to Kwalified.