Last updated November 21, 2023.
RecruitWell, LLC (“RecruitWell”) operates this RecruitWell website (the “Site”).
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information (as defined below) if anyone decided to use the Site.
If you choose to use the Site, then you agree to the collection and use of information in relation to this privacy policy (the “Policy”). The Personal Information (as defined below) that we collect are used for providing and improving the Site. We will not use or share your Personal Information with anyone except as described in this Policy.
For a better experience while using the Site, we may require you to provide us with certain personally identifiable information, including, but not limited to, your name, phone number, and postal address (the “Personal Information”). The Personal Information we collect will be used to contact or identify you.
Who is responsible for the date collection on the Site? The data collected on this Site are processed by RecruitWell. RecruitWell contact details can be found in Section 15a of the Terms of Use.
How do we Collect your Data? Some data is collected when you provide it to us. This could, for example, be data you enter on a subscription form. Other data are collected automatically by our IT systems when you visit the Site. These data are primarily technical data such as the browser and operating system you are using or when you accessed the Site.
What do we Use your Data for? Part of the data is collected to ensure the proper functioning of the Site. Other data can be used to analyze how visitors use the Site.
What rights do you have regarding your data? You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You have the right to request that it be corrected, blocked, or deleted. You can contact us at any time in accordance with Section 15a of the Terms of Use if you have further questions about the issue of privacy and data protection. You may also file a complaint with the appropriate regulatory authorities.
When visiting the Site, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e., we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the Policy. We will inform you below about exercising your options in this regard.
Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make the Site more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after you visit a website. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the website.
You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disability cookies may limit the functionality of the Site.
Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use are stored pursuant to Article 6, paragraph 1(f) of the General Data Protection Regulation. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those analyzing your surfing behavior) are also stored, they will be treated separately in this privacy policy.
The Site provider automatically collects and stores information that your browser automatically transmits to us in “service log files.” These are:
Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing compute
Time of the server request
IP address
We want to inform you that whenever you visit the Site, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s internet protocol (“IP”) address, browser version, pages of the Site you visit, the time and date of your visit, the time spent on those pages, and other statistics.
We may employ third-party companies and individuals due to the following reasons:
To facilitate the Site;
To provide the Site on our behalf;
To perform Site-related services; or
To assist us in analyzing how the Site is used.
We want to inform the Site users that these third parties have access to your Personal Information. This reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
The Site may contain links to other websites. If you click on a third-party link, you will be directed to that website. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of any external websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
We may update the Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Policy on this page. These changes are effective immediately after they are posted on this page.
By using the Site, you consent to the Policy.
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 16 years of age. Our website, products and services are all directed to people who are at least 16 years old or older.
This online privacy policy applies only to information collected through the Site and not to information collected offline.
If you have any questions or suggestions about the Policy, do not hesitate to contact us in accordance with Section 15a of the Terms of Use.
RECRUITWELL TERMS OF USE
Last Updated: November 21, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS OF USE (“AGREEMENT”). BY ACCESSING, BROWSING AND/OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AN AUTHORIZED USER AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM THIS SITE.
1. Application of Terms; Updates
This site is operated and/or controlled by RecruitWell, LLC (“RecruitWell”, “we”, or “us”). This Agreement pertains only to the use of this Site. This Agreement may be changed or updated without notice, and the changes and updates will apply to your use of this Site and the materials on it after such changes or updates are made. RecruitWell also may make improvements and/or changes in the services, products, programs, and/or features offered through this Site at any time, in its sole discretion, without advanced notice to you. Nothing on this Site shall be interpreted as offering legal, tax, or financial advice.
You may review the current version of these Terms of Use at any time. Any changes or amendments to this Agreement will be effective upon the date updated and published on this Site. It is your responsibility to periodically check these Terms of Use for applicable changes. Your continued use of this Site following RecruitWell’s posting of any notice of change or amendment will constitute your agreement to such changes or amendments and to the then-current version of this Agreement.
2. Site Resources
This Site allows you to access certain resources and marketing materials regarding our business, products, and services including, but not limited to investor relations materials, community involvement initiatives, company news, blogs, webinars, podcasts, client testimonials, product and service descriptions, and job postings.
3. Intended Audience
This Site and all of the information, communications, scripting, photos, images, text, video, graphics, music, sounds, user interfaces, visual interfaces, and other materials, checklists and resources found on this Site (collectively, the “Content”) is intended for the lawful use of RecruitWell’s clients, employees (corporate and worksite), and members of the general public who are primarily located in the United States of America (“USA”).
Users of this site should be at least the age of majority recognized in their jurisdiction of residency. This Site is not a children’s site and RecruitWell does not solicit data from children or market to children.
This Site is controlled and operated by RecruitWell from its offices within the USA. RecruitWell makes no representations that this Site or the Content is appropriate, intended for, or available for use in other country locations. Those accessing this Site from other country locations do so at their own risk and are responsible for compliance with applicable international laws.
4. Privacy and Security
RecruitWell will be responsible for the security, confidentiality and integrity of all confidential information, including personal information, properly submitted by you to us via this Site. However, you will be solely responsible for your access and retrieval of any confidential information from this Site, and you are required to maintain the security, confidentiality and integrity of such information in your possession, in any form, whether located on a computer, server, website, email system or any other electronic system, application, or device. You agree to read and periodically review our Privacy Policy posted on this Site for information on our privacy practices and processing of personal information, and you agree to the terms of the Privacy Notice. If you are located within California, you agree to review our California Privacy Notice and agree to its terms.
5. Site Access
You will be solely responsible for any authorized or unauthorized access by any person to the portions of this Site that require login, including access through the use of your computer or network by any person or code functionality working in or through your computer or network, or through the use of your username, password or access codes (“Access Criteria”), except to the extent any unauthorized access is caused by our breach of this Agreement.
Do not misuse this Site. For example, do not interfere with the Site or try to access the services accessible from the Site by using a method other than the interface and the instructions that we provide. You agree to safeguard and maintain your Access Criteria in total confidence and to bear all responsibility for the confidentiality of your Access Criteria and all costs or administrative charges incurred by us from misuse of this Site with your Access Criteria. You agree to immediately notify us and to change your password if the secrecy of your password is compromised. You agree to immediately notify us if you know that your computer has been compromised by any virus, worm, disabling code or unauthorized intrusion that could be harmful to this Site. By accessing this Site, you acknowledge that RecruitWell reserves the right in its sole discretion to refuse or terminate your access to this Site at any time. You agree to not share your Site access criteria with others. You are responsible for completely and properly exiting from this Site at the end of any session.
6. Intellectual Property Rights and Alleged Copyright Infringement
RecruitWell and its affiliates, and its and their suppliers or licensors own all copyrights to the Content on this Site and all other intellectual property rights related to this Site, except with respect to Content you may submit. All trademarks, service marks, and trade names (collectively, the “RecruitWell Marks”) are proprietary to RecruitWell, its affiliates, or its or their suppliers or licensors. You acknowledge that You have been advised by RecruitWell that the Content, RecruitWell Marks and all other proprietary material accessible through this Site is protected in the U.S. and internationally by a variety of laws and regulations.
When you upload, share or submit content to the Site you retain ownership of any intellectual property rights that you hold in that content and you grant to us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries or other changes), communicate, publish, publicly perform, publicly display, and distribute this content in any manner, mode of delivery or media now known or developed in the future.
THE UNAUTHORIZED USE, COPYING, OR DISPLAY OF ANY CONTENT FROM THIS SITE IS NOT PERMITTED. YOU MAY ONLY VIEW OR DOWNLOAD CONTENT FROM THIS SITE FOR YOUR OWN AUTHORIZED USE AND YOU MUST KEEP ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES INTACT ON THE DOWNLOADED COPY OF ANY CONTENT.
We respect the intellectual property rights of our licensors and any other third party and we comply with the Digital Millennium Copyright Act of 1988 (“DMCA”). Please contact us in accordance with Section 15a of this Agreement for information on how to report alleged copyright infringement appearing on our Site.
7. Forums and Postings
All posts become the property of RecruitWell and RecruitWell may remove any objectionable messages, postings and comments from this Site or close any discussion thread for any or no reason. However, it is impossible for us to review all messages. All messages express the views of the author, and not RecruitWell. RecruitWell will not be held responsible for the content of any message, comment or information provided by any third party. RecruitWell does not endorse any businesses or individuals which may solicit business from this Site through the posting of comments or messages on this Site. You should always research all products and services independently and make your own informed decision.
8. Product Reviews
You should perform your own research and evaluation of the products and services offered and make your own well-informed decision before buying any products or services. The product reviews and client testimonials offered on this Site are solely the opinion of the individual reviewer who wrote the review or client who provided the testimonial. We shall have no liability whatsoever for any opinion, product or service review appearing on this Site.
9. Candidate Portal
This Site contains a portal which allows you to create a user account and respond to job/career postings (“Candidate Portal”). RecruitWell may also provide a method for you to send and receive messages or submit referrals for jobs as a part of the Candidate Portal.
The Candidate Portal allows you to submit resumes, user account information, and email messages (“Candidate Data”) in response to job listings. You retain ownership of any intellectual property rights that you hold in that Candidate Data and may exercise any privacy rights that you may be afforded in applicable state privacy laws. In short, what belongs to you stays yours. When you create a user account and upload or otherwise submit Candidate Data to our Site, you give RecruitWell (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Candidate Data works better with our Site), communicate, publish, publicly perform, publicly display and distribute such Candidate Data. The rights you grant in this license are for the limited purpose of contacting you, providing you with job postings and related information, and operating, promoting, and improving our Site. This license continues even if you stop using our Site and your Candidate Data may be retained in accordance with our retention policies and applicable laws. Make sure you have the necessary rights to grant us this license for any Candidate Data that you submit to our Candidate Portal as accessed through this Site.
RECRUITWELL IS NOT TO BE CONSIDERED YOUR EMPLOYER WITH RESPECT TO YOUR USE OF THE CANDIDATE PORTAL AS A CANDIDATE FOR JOBS ACCESSIBLE THROUGH THE SITE. JOB POSTINGS MAY BE AVAILABLE FOR POSITIONS WITHIN RECRUITWELL AND ITS CLIENT COMPANIES FOR WHICH IT PROVIDES RECRUITING SERVICES. RECRUITWELL SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON, MADE BY ANY RECRUITWELL CLIENT COMPANY OR OTHER ENTITY POSTING JOBS FOR WHICH YOU ARE APPLYING THROUGH THE CANDIDATE PORTAL.
RecruitWell encourages You to keep a back-up copy of any of your Candidate Data. To the extent permitted by law, in no event shall RecruitWell be liable for the deletion, loss, or unauthorized modification of any Candidate Data.
10. Links to External Sites
This Site may contain links to other websites which are owned or operated by third parties, including websites owned or operated by government bodies such as the U.S. Government (“External Site(s)”). RecruitWell makes no representations whatsoever about any other site that you may access through this Site. RecruitWell is not responsible for the policies or content at External sites and RecruitWell does not control the privacy policies for External Sites. RecruitWell does not control how your information will be utilized at External Sites. Because RecruitWell has no control over such sites and resources, you acknowledge and agree that RecruitWell is not responsible for the availability of such External Sites or resources and is not responsible or liable for any content, advertising, products, services or other material on or available from such External Sites or resources. Links to External Sites are provided solely as a convenience to you. It is your responsibility to take precautions to ensure that whatever External site you select for your use is free of such items as viruses, worms, Trojan horses, or other items of a destructive or disruptive nature. It is also your responsibility to read the terms of use and the privacy policies that may appear on such External Sites and to determine for yourself whether you are willing to assent to such terms or policies. References on this Site to any names, marks, products or services of any third parties or to hypertext links to External Sites are provided solely as a convenience to you and are the property of their respective owners. Unless otherwise expressly stated in writing, RecruitWell makes no representation or warranty as to any third-party content, products or service, and you agree that RecruitWell will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such third party content, products or services available through or on any External Site or third-party resource, or for any use of any personal information that you may choose to convey as you use any External Sites.
If you are interested in creating any links to this Site, you must get approval from RecruitWell’s Marketing Department before doing so via request in accordance with Section 15a of this Agreement. In establishing links to this Site, you must not represent in any way, expressly or by implication, that your company or website has received the endorsement, sponsorship or support of this Site or RecruitWell, including its respective employees, agents, directors, officers and shareholders. You agree to remove any link to this Site immediately upon request by RecruitWell.
11. Representations and Warranties of User
User represents and warrants to RecruitWell that: (i) all information provided by User to RecruitWell is truthful, accurate and complete; (ii) all information provided by User to RecruitWell is not in violation of any governmental regulation, statute or law; and (iii) User shall comply with all terms and conditions of this Agreement.
12. Prohibited Use
Users are solely responsible for all errors, mistakes, acts and omissions that occur by the use of User’s computers or systems. User agrees not to use this Site to: (a) list, post, market, advertise, offer or sell any product or service; (b) disseminate, store or transmit chain letters, pyramids, spam or other unsolicited messages or unsolicited commercial email; (c) disseminate or transmit products, services or material that, in RecruitWell’s sole judgment, is abusive, obscene, pornographic, defamatory, racist, sexist, harassing, vulgar, hateful, threatening, malicious, dangerous or otherwise inconsistent with the use of this Site; (d) upload, disseminate, store or transmit files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (e) interfere, disrupt or attempt to gain unauthorized access to this Site or to any other computer network; (f) disseminate, store or transmit computer viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other malicious code or program or items of a destructive or deceptive nature; (g) assign access rights or make the Site available to any person who is less than 13 years old, (h) engage in any other activity deemed by RecruitWell to be in conflict with the intent of this Agreement, or (i) violate any laws. These offenses are grounds for immediate refusal or termination of access to this Site.
Except as expressly provided in this Agreement, you shall not: (a) reproduce, publish, display, distribute, sell, license (unless otherwise agreed in writing by RecruitWell), transfer, rent, lease, broadcast, timeshare, loan, disclose, or otherwise make available the Site Content, or any part thereof, to any third party; (b) reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Site Content, or any part thereof; (c) modify, translate, adapt, alter or create derivative works (as defined under the United States copyright laws) based upon the Site Content or any part thereof; (d) remove any proprietary notices, labels, or trademarks or service marks on any Site Content; (e) merge the Site Content, or any component thereof with another program (unless otherwise authorized herein); (f) use the Site Content, or any component thereof, for any purposes other than those explicitly stated in this Agreement; (g) have any right to any source code for the Site; (h) use download functionality enhancement tools; or (i) make unauthorized uses of Intellectual Property Rights of the Content as provided by RecruitWell, our client companies, or applicable third party licensors.
13. Disclaimer of Warranties, Release, Limitation of Liability, and Indemnification
THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE IS AT YOUR SOLE RISK. RECRUITWELL DOES NOT WARRANT OR REPRESENT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES RECRUITWELL MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, QUALITY OR LACK OF DEFECT OF ANY RESOURCE, FORM, DATA, PRODUCT OR SERVICE OBTAINED BY YOU VIA THIS SITE. RECRUITWELL MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT IN RELATION TO THIS SITE. RECRUITWELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD- PARTY WEB SITES, IF ANY, INCLUDING GOVERNMENT SITES, TO WHICH YOU GAIN ACCESS VIA THIS SITE.
YOU RELEASE RECRUITWELL, ITS AFFILIATES, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY CLAIM, DEMAND OR DAMAGES (ACTUAL, CONSEQUENTIAL OR PUNITIVE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE. WITHOUT LIMITING ANY SEPARATE WRITTEN AGREEMENT WE MIGHT HAVE WITH YOU OR YOUR EMPLOYER, UNDER NO CIRCUMSTANCES SHALL RECRUITWELL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE OR THE INTERNET GENERALLY, INCLUDING YOUR USE OF OR INABILITY TO USE THIS SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THIS SITE.
FURTHER, IN NO EVENT SHALL RECRUITWELL’S TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE EXCEED $100 AND YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND RECRUITWELL, ITS AFFILIATES AND SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS FROM AND AGAINST ANY LOSSES, COSTS, DAMAGES, LIABILITY OR EXPENSES, INCLUDING COSTS AND ATTORNEY’S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE IN VIOLATION OF THIS AGREEMENT.
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit RecruitWell to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to this Section 13.
14. Termination
RecruitWell reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove, disable or limit access or availability to all or any portion of this Site; (b) suspend your access to or use of all or any portion of this Site; (c) terminate any right or license granted herein; or (d) retrieve any material obtained by You from this Site. This shall not apply to or prejudice your rights under other agreements You may have with RecruitWell.
15. Miscellaneous
a. Notice. All notices to RecruitWell regarding this Site shall be in writing by certified mail or commercial delivery service against receipt to the attention of Tim Arnel, at 5588 Broadcast Court, Sarasota, Florida 34240 or sent by email to tarnel@recruitwell.com. Notice shall not be by facsimile transmission.
b. Law. This Agreement shall be governed by the laws of the State of Florida applicable to agreements as if made and to be performed wholly within such state, except for its provisions regarding conflicts of laws.
c. Forum and Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Sarasota County, Florida. Notwithstanding anything to the contrary in this paragraph, RecruitWell may apply to a court of any other jurisdiction for injunctive or other equitable relief in respect of a breach or anticipated breach by you of this Agreement. The parties waive any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
d. Feedback. You agree that RecruitWell may own and use any suggestions, enhancements, requests, recommendations, survey responses, assessments or other feedback you provide through this Site to RecruitWell or its affiliates. We will have all present and future existing rights to the feedback. We will not be liable for any similarities to provided ideas that may appear in any future website design, products or services of RecruitWell or its licensors and partners. We will be entitled to use feedback that does not contain any of your personal or confidential information for any commercial or other purpose, without compensation to you or any other person.
e. Binding Arbitration and Class Action Waiver. Any claim arising out of or related to this Agreement that cannot be resolved by you and us through good faith informal negotiation within a reasonable period of time (not to exceed 30 days after written notice of a claim or dispute), will be settled by binding arbitration conducted before one neutral arbitrator, and governed by the Federal Arbitration Act, 9 U.S.C. §§ 10 and 11 (“FAA”). Notice of the demand for arbitration will be filed in writing by either party with the other party to this Agreement and with the American Arbitration Association (the “AAA”). The demand for arbitration will be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event will any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The arbitrator’s decision will be final except for any applicable right of appeal or review under the FAA. Any court or jurisdiction over the parties may enforce the arbitrator’s award. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. Unless otherwise agreed to by the parties, the arbitration will be held in the home jurisdiction of the party against whom arbitration is initiated, unless home jurisdiction is outside the U.S. mainland, in which case arbitration will be held in Sarasota County, Sarasota, Florida. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator may, in its discretion, award costs and fees to the prevailing party.
f. Entire Agreement. This Agreement constitutes the complete statement of the agreement between RecruitWell and you with respect to your use of this Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the parties concerning this Site.
RECRUITWELL CALIFORNIA PRIVACY POLICY
Notice for California Consumers
Last revised November 21, 2023
This notice describes the rights of Californians under the California Consumer Privacy Act of 2018, which was amended by the California Privacy Rights Act of 2020 (together, “CCPA”). The CCPA requires businesses like us to provide certain information to California consumers. We fully describe our practices to all our members and visitors in our Privacy Policy, but use this separate notice to ensure that we meet the CCPA’s requirements. This notice contains the following four parts:
You can opt out by contacting us in accordance with Section 15a of the Terms of Use. In addition to these controls, in the U.S. we will automatically opt you out of sharing if we receive a Global Privacy Control signal from you that reflects your choice to opt-out of sharing.
The CCPA requires us to disclose if we share your personal information. We may share your personal information, including information about your visits to the RecruitWell website (the “Site”), to provide and improve the Site.
We do not sell your personal information.
The CCPA provides Californians with the following rights:
2.1 Requests for Information
You (or your authorized agent) can request a copy of your personal information by contacting us in accordance with Section 15a of the Terms of Use. Under the CCPA, you can also request that we disclose how we have collected, used, and disclosed your personal information over the past 12 months, including the categories of personal information we collected and our purposes for doing so; the categories of sources for that information; the categories of third parties with whom we shared it or disclosed it for a business purpose and our purposes for doing so. Companies that sell personal information (we do not) must make additional disclosures.
2.2 Your Right to Opt Out of Sales
We do not sell personal information, so we do not have an opt out.
2.3 Your Right to Opt Out of Sharing
Under the CCPA, you can opt out of the sharing of your personal information with third parties for cross-context behavioral advertising purposes. You can direct us not to share your personal information as described in Section 1.
2.4 Your Right to Limit the Use of Sensitive Personal Information
Under the CCPA, you can limit a business’s use and disclosure of your sensitive personal information to certain purposes specified by law (e.g., providing you with services you request or preventing fraud, or for other purposes that don’t involve deriving your attributes). We only use sensitive personal information for such permitted purposes, so we do not have an opt-out.
2.5 Your Right to Notification
Under the CCPA, a business like RecruitWell cannot collect new categories of personal information or use them for materially different purposes without first notifying you.
2.6 Nondiscrimination for Exercising Your CCPA Rights
The CCPA prohibits businesses from discriminating against you for exercising your rights under the law. Such discrimination may include denying services, charging different prices or rates for services, providing a different level or quality of services, or suggesting that you will receive a different level or quality of goods or services as a result of exercising your rights.
2.7 Your Right to Correct Inaccurate Personal Information
You can also request that we correct inaccurate personal information by contacting us in accordance with Section 15a of the Terms of Use.
2.8 Your Right to Delete Personal Information
You can request that we delete your personal information by requesting that we delete specific information about you by contacting us in accordance with Section 1 of the Terms of Use. We honor such requests unless an exception applies, such as when the information is necessary to complete the transaction or contract for which it was collected or when information is being used to detect, prevent, or investigate security incidents, comply with laws, identify and repair bugs, or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.
2.9 Annual CCPA Metrics
Please contact us to obtain a copy of the view metrics required by CCPA regulations for the past calendar year.
2.10 Statement Regarding Selling or Sharing the Personal Information of Consumers Under Age 16
CCPA regulations require us to state whether we have actual knowledge that we have sold or shared the personal information of consumers under 16 years of age. We do not knowingly provide services to anyone under the age of 16 nor do we have actual knowledge that we sell or share the personal information of consumers under 16 years of age.
3. The CCPA Categories of Personal Information We Collect and the Sources
Our Privacy Policy describes the information we collect and its sources. This notice organizes that description around the personal information categories set forth in the CCPA.
CCPA Personal Information Categories and corresponding sources of this info.
| CCPA Personal Information Category | Sources of this Information |
| Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers) | Information you provide directly or through your interactions with our Services (as defined in our Privacy Policy) or partners and providers (as described in our Privacy Policy) Vendors that provide information to help us serve members relevant ads and understand the ads’ effectiveness Information from other customers |
| Characteristics of protected classifications under California or Federal law (e.g., your gender or age) (“Characteristics of Protected Classifications”) | Information you provide to us directly and inferences we make based on that information Information from our customers |
| Commercial information (e.g., information regarding products or services purchased, obtained, or considered) | Information you provide to us directly Your interactions with our Services Information from our partners and customers |
| Internet or Other Electronic Network Activity Information (e.g., browsing history, search history, and information regarding your interactions with our Services) | Your interactions with our Services Your visits to third party sites that offer our autofill or follow functionality, as needed for fraud prevention and security purposes. If you are a member, your interactions with the services of partners and customers that use JavaScript code that can be added to a website to enable in-depth campaign reporting and unlock valuable insights about your website visitors or similar technologies |
| Geolocation Data | Information you provide to us directly or through your interactions with our Services, as explained in our Privacy Policy |
| Professional or Employment-Related Information | Information you provide to us directly Information from our customers, partners, or other members |
| Inferences | Information you provide to us directly or through your interactions with our Services Information from our customers and partners |
| Personal information described in Cal. Civ. Code §1798.80(e)(such as name, address, telephone number, education, employment history, credit card or debit card number) | Information you provide directly or through your interactions with our Services Information from our customers or partners |
| Audio, electronic, visual or similar information | Information you provide directly or through your interactions with our Services, customers, or partners |
| Sensitive personal information, which may include: – Data generated when you communicate on our services (e.g., messages to other members) – Data used to secure your account (e.g., login information or proof of identification if you are unable to verify your account) – Data you add to your profile or submit via your settings, which may include information about your race or ethnicity | Information you provide to us directly or through your interactions with our Services |
We use and retain this personal information for the purposes outlined in our Privacy Policy. This means that we generally retain the types of personal information listed in the chart above as long as you keep your account open or as needed to provide you services.
4. The CCPA Categories of Personal Information We “Share”
While we do not sell your personal information, we may engage in “sharing” under the CCPA, which broadly defines this term as disclosing personal information for purposes of cross-context behavioral advertising, which is defined to include instances where companies target advertising based on personal information obtained from a consumer’s activity across distinctly-branded websites or services. RecruitWell’s practices and the categories of data we share are described in Section 1. We do not share sensitive personal information.
As described above, you can opt out by contacting us in accordance with Section 15a of the Terms of Use. You will automatically opt out of sharing if we receive a Global Privacy Control signal from you that reflects your choice to opt-out of sharing.
5. The CCPA Categories of Personal Information We Disclose for a “Business Purpose”
The CCPA requires us to describe the “business purposes” for which we may disclose your personal information. As described in our Privacy Policy, we may disclose your personal information to support our own operational purposes in providing our Services to you. In addition, we may disclose personal information at your direction, such as when you choose to communicate with other members through our Services.
5.1 Auditing Interactions
We may disclose the types of personal information listed in Section 3 with partners, service providers and related companies, in order to audit interactions and transactions, such as to count or verify the positioning and quality of ad impressions.
5.2 Security and Integrity
In order to secure our Services, including to detect, prevent, and investigate security incidents or violations of our Terms of Use or applicable laws, we may disclose the types of personal information listed in Section 3 with our partners, service providers, law enforcement, and related companies.
5.3 Service Improvements
In order to improve our Services (such as to identify bugs, repair errors, or ensure that services function as intended) or conduct internal research and analysis to improve our technology, we may disclose the types of personal information listed in Section 3 with our partners, service providers, and related companies.
5.4 Service Providers and Other Notified Purposes
We may disclose the types of personal information listed in Section 3 with Service Providers, as defined by the CCPA, in order to have them perform services specified by a written contract or with others for a notified purpose permitted by the CCPA (e.g., to respond to law enforcement requests).
5.5 Marketing and Advertising
Except as noted above, we may disclose the types of personal information listed in Section 3 with our partners, service providers, and related companies, in order for them to provide marketing and advertising services on our behalf as permitted by the CCPA (e.g., sending you communications).