Legal - Bright Flag

Privacy Policy: US

If you reside in Canada, please see our Privacy Policy applicable to Canadian residents.

Last updated: November 30, 2022

Included below:

Overview
Age of Users/Parents or Guardians
Personal Information We May Collect
Use of Personal Information
Sale or Sharing of Personal Information
Disclosure of Personal Information in the Preceding 12 Months
To Exercise Your Right to Opt-Out
To Exercise Your Right to Opt-In
Opting Out of Non-Essential Email or Text Communications
Your Privacy Rights
Exercising Your Privacy Rights
Response Timing and Format
Requests Submitted by Authorized Agents
Notice of Financial Incentives
California “Shine the Light”
Do Not Track
Information We May Collect Indirectly
Cookies and Similar Technologies
Your Choices in Relation to Tracking and Online Advertising
Cookie Policy
Security
Retention
Third-party Website
SMS Terms & Conditions
Changes to this Privacy Policy
Contact Us

OVERVIEW

This Bright Flag Recruiting (“Bright Flag ”, “us”, “we” or “our”) Privacy Policy (or the “Policy”) is designed to inform you about the types of information we collect, how we collect, use, process, and disclose that information, and the choices you can make about how we collect, use, process, and disclose your personal information.

This Privacy Policy applies to personal information collected on our website, https://www.brightflagrecruiting.com/ (the “Website”), through our website, and anywhere else this Privacy Policy is posted. References herein to the “Website” also include the websites of the entities listed as Bright Flag Recruiting affiliates in this Section.

If you reside in or are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), or anywhere else other than in the United States, our Website and services are not directed to you and not intended for your use. If you reside in Canada, please see our Privacy Policy applicable to Canadian residents.

This Policy applies to Bright Flag Recruiting and all of its affiliates.

This Privacy Policy applies to information collected through our digital properties, services we offer, our events, and virtual sessions (collectively, our “Services”). When using our Website, you may choose to interact with features from third parties that operate independently from Bright Flag, such as social media links and links to third-party websites. Bright Flag has no control over and is not responsible for the privacy practices of such third parties. This Privacy Policy does not apply to the extent Bright Flag does not own or control any linked websites or features you visit or use. We recommend that you familiarize yourself with the privacy practices of these third parties.

Please read this Privacy Policy carefully. By interacting with Bright Flag Recruiting through our Website, mobile applications, products, services, and all other websites developed, owned or maintained by Bright Flag Recruiting, you agree to us collecting, using, storing, disclosing and otherwise processing your personal information in accordance with this Privacy Policy.

This Privacy Policy may change from time to time, and your continued use of the Website or our Services after we make those changes is deemed to be acceptance of those changes. Please check this page periodically for updates to our Privacy Policy. If you do not consent to the collection, use, storage, disclosure or other processing of your personal information as described in this Policy, you should discontinue using our Website and not provide your personal information.

AGE OF USERS/PARENTS OR GUARDIANS

Neither our Website nor our Services are directed to or intended for persons under 16 years of age. We do not knowingly collect any personal information from persons under 16 years of age. If you are under the age of 16, do not use or provide any information on the Website, through features of the Website or through the Services, register on the Website or for the Services, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any personal information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we become aware that we have unknowingly collected personal information from a person under the age of 16, and we do not have parent or guardian consent on file, we will delete such personal information from our records. If you believe we have collected or are processing personal information from a person under 16 years of age without consent, please contact us.

If you are between the ages of 13 to 16 years of age and would like to use our Website and Services, contact us so that we may obtain your affirmative consent to the collection and use of your personal information as set out herein.

PERSONAL INFORMATION WE MAY COLLECT

Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“personal information”). Personal information does not include publicly available information from government records; de-identified or aggregated consumer information, and information excluded from the privacy laws in effect for states within the United States and federal U.S. privacy laws (or collectively “U.S. privacy laws”), such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, the California Confidentiality of Medical Information Act, clinical trial data, qualifying research data, personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.

We collect various types of information from and about users of our Website in order to provide and improve the Website and Services we offer and to communicate with you about our offerings. The information we collect includes information:

By which you may be personally identified
That is about you but individually does not identify you
About your internet connection, the equipment you use to access our Website or Services, and usage details about the Website and Services

We may require certain personal information where, for example, it is necessary under law to perform the Services or a contract with you, to enroll you in an event, or to provide you with information you have requested.

We may collect the following categories of personal information:

Identifiers, such as:
- name,
- postal address,
- email address,
- phone numbers,
- online identifiers,
- IP address,
- mobile device information (e.g., unique device identifier assigned to the device, mobile carrier, operating system, and other device attributes)
Personal Information Categories Listed in the California Customer Records statute, such as name, driver’s license or other photo identification, postal address, phone numbers, employment, employment history
Characteristics of Protected Classifications Under U.S. State or Federal Law, such as, age, national origin, disability
Commercial Information, such as, products or services purchased or considered, credit/debit card number, other purchasing or consuming tendencies
Internet or Other Electronic Network Activity, such as:
- browsing history,
- search history,
- advertisement interaction,
- social media content and information,
- blog comments, content, and information
Geolocation Data, such as, IP address, physical location, GPS signals broadcast by your mobile device
Usage Information, such as which pages on our Website you access, the frequency of access, what you click on while on our Website, and when you accessed the Website
Professional and Employment-related Information, such as business contact details, job title or employer (not collected from Website)
Inferences drawn from other personal information, such as a profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Personal Information you provide to us: We collect personal information you provide to us through the Website or as part of the Services through the following methods:

If you request that we contact you by completing a Contact Form, you will be asked to provide your name, email address, and a message.
If you sign up for any of our online courses, events, or training modules, you may be asked to provide your name and contact information.
If you interact with our Website by sharing on a social media platform, we may collect the information that you post. Please note that your comments will also be visible to the public, so you should never share personal information that you would like to keep private.
If you send us an email, we will collect your email address and any information that you provide in the email.
When ordering Services on the Website, you may be asked to provide a credit or debit card number or other payment and billing information.
If you interact with our blog by sharing a blog post on a social media platform, we may collect the information that you post. If you post a comment to the blog, we may collect that information, as well as your name, email address, and website. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private.
Personal information that you provide to us directly.
Account or other login credentials
Transaction details about purchases and the content of your communications (written, oral or electronic) when you interact with our customer service team
Audio recordings from customer service calls
For any other purpose with your consent

We do not collect biometric information or sensory data. We do not collect non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)).

If you provide any personal information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their personal information in accordance with this Policy.

We collect information in the following ways:

Directly from you when you provide it to us
Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies or other trackingtechnologies
From third parties, for example our, our service providers

Information from other sources: We may receive information from other sources, such as through social media, third-party platforms and forums, contacts, and business partners. Examples of the types of information we may receive from other sources are:

Personal information, such as your name, personal and professional mailing address, email and phone number
- Profile information, comments, and similar information provided to or on social networks and other forums that connect to us.
- Interests, demographic data, and purchasing behavior.
Information collected from you offline or through other channels. For example:
- Information you provide when attending an event or other in-person function.
- Information you provide over the phone, such as when we discuss our Services with you.

Some of the information we collect may, when combined with other information, be personal information that could be used to identify you. Such information is treated as personal information.

You are responsible for ensuring the accuracy of personal information you provide to us. Inaccurate information may affect your ability to use the Services, including the information you receive when using the Services and our ability to contact you.

USE OF PERSONAL INFORMATION

We use, store, and otherwise process the information we collect to provide and improve our Website and Services, to support our business functions, to fulfill legal obligations we may have to you or others, and to personalize, provide, measure and improve our advertising and marketing.

Some examples of how we may use the personal information we collect include:

To respond to your inquiries and provide support
To present our Website and its contents to you
To provide you with information or services that you request from us, such as registration for online and in-person events, email alerts and updates, or other marketing information or opportunities
To provide you with information about us, our Services and business activities
To comply with any applicable COVID-19 tracing efforts
For customer service and customer support purposes
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection activities
To facilitate payment or delivery of services requested
To help prevent transactional fraud
To provide you with support and respond to your inquiries, such as to investigate and address your concerns, and monitor and improve our responses
To create, maintain, customize and help secure your account with us
To manage your account and provide you with notices regarding the Services
To provide, personalize, measure, and improve your experience with our Website and to deliver content, product and service offerings based on your advertising customization preferences
To help maintain and improve the safety, security, and integrity of our Website and Services
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website or Services is among the assets to be transferred
For testing, research, analysis, and product development, such as to develop and improve our Website, Services, databases, other technology assets, and other offerings
To respond to law enforcement requests as required by applicable law, court order or governmental regulation
To support our general business operations
To notify you about changes to our Website or Services
As described to you when collecting your personal information
To fulfill any other purpose for which you provide it
For any other purpose with your consent
For any other lawful purpose

We may also use your personal information to contact you about our own or third-parties’ goods and services that may be of interest to you or to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. For more information about how third-parties might collect your information or make assumptions about whether you meet its target criteria, please see our cookie policy. If you do not want us to use your personal information in this way, please adjust your preferences in your user account profile. For more information about exercising your rights with respect to your personal information, please see your privacy rights.

SALE OR SHARING OF PERSONAL INFORMATION

We may sell or share the personal information we collect for one or more of the following purposes:

To respond to your inquiries and provide support
To present our Website and its contents to you
To provide you with information or services that you request from us, such as registration for online and in-person events, email alerts and updates, or other marketing information or opportunities
To provide you with information about us, our Services and business activities
To comply with any applicable COVID-19 tracing efforts
For customer service and customer support purposes
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection activities
To facilitate payment or delivery of services requested
To help prevent transactional fraud
To provide you with support and respond to your inquiries, such as to investigate and address your concerns, and monitor and improve our responses
To create, maintain, customize and help secure your account with us
To manage your account and provide you with notices regarding the Services
To provide, personalize, measure, and improve your experience with our Website and to deliver content, product and service offerings based on your advertising customization preferences
To help maintain and improve the safety, security, and integrity of our Website and Services
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website or Services is among the assets to be transferred
For testing, research, analysis, and product development, such as to develop and improve our Website, Services, databases, other technology assets, and other offerings
To respond to law enforcement requests as required by applicable law, court order or governmental regulation
To support our general business operations
To notify you about changes to our Website or Services
As described to you when collecting your personal information
To fulfill any other purpose for which you provide it
For any other purpose with your consent
For any other lawful purpose

To Whom Your Personal Information May be Disclosed:

We may share your personal information by disclosing it to a third party for a business purpose. We make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. We make these disclosures where it is required in order for us to perform our obligations under our contract with you, where it is required to provide the Services you requested, where it is required by law, or where we have another legitimate interest in doing so, including, but not limited to, as follows:

To our affiliates (such as companies that we own, that own us, or companies that share common ownership with us)
To consultants, service providers, and other third parties that perform services on our behalf, such as credit card payment processors, event planners and coordinators, data management and storage providers, marketers and advertisers, analytics and research companies, and professional advisors
To law enforcement agencies, regulators, and courts in response to a court order, subpoena, regulatory requirements or similar legal process, to report any activities we reasonably believe to be unlawful, or as otherwise required by law
To combat fraud or criminal activity, and to protect our rights, users, and business partners, or as part of legal proceedings affecting Bright Flag Recruiting
To another entity in connection with a merger, transfer of data assets, reorganization, divestiture, financing, dissolution, or similar corporate event involving all or part of our business

· To enforce or apply our terms of use and other agreements, including for billing and collection purposes

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our customers, or others
Where it is necessary to respond to a public health emergency, or in an emergency, to protect the safety of your health and property
To a reasonable extent, for purposes of carrying out news reporting and media monitoring for public interests
For any other purpose disclosed by us when you provide the information
Otherwise with your consent

DISCLOSURE OF PERSONAL INFORMATION IN THE PRECEDING 12 MONTHS

Sharing of Personal Information: In the preceding twelve (12) months, we have shared for a business purpose the following categories of personal information to the categories of third parties indicated in the information below:

Identifiers — Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
Customer Records Information — Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit or debit card number, other financial information, medical information, health insurance information
Characteristics of Protected Classifications Under California or Federal Law — Race, religion, sexual orientation, gender identity, gender expression, age
Commercial Information — Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or Other Electronic Network Activity — Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement
Geolocation Data
Professional or employment-related information
Inferences — Inferences that could be used to create a profile

We have shared this personal information for the following reasons:

To respond to your inquiries and provide support
To present our Website and its contents to you
To provide you with information or services that you request from us, such as registration for online and in-person events, email alerts and updates, or other marketing information or opportunities
To provide you with information about us, our Services and business activities
For customer service and customer support purposes
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection activities
To facilitate payment or delivery of services requested
To manage your account and provide you with notices regarding us and our Services
To provide, personalize, measure, and improve your experience with our Website and to deliver content, product and service offerings based on your advertising customization preferences
To help maintain and improve the safety, security, and integrity of our Website and Services
To support our general business operations
With your consent or as provided by you

We do not collect Sensitive Personal Information.

Sale of Personal Information: We do not sell your personal information.

TO EXERCISE YOUR RIGHT TO OPT-OUT

You can opt-out of the sharing of your personal information by clicking Do Not Share My Personal Information or by contacting us via the information in the contact us section of this Privacy Policy. You may also exercise your opt-out rights by managing your preferences, as set out in the cookie policy. Please note that there are some categories of personal information that are required and that may not be subject to the opt-out rights, such as personal information needed to complete a transaction you requested. This is disclosed further in the Your Privacy Rights section.

TO EXERCISE YOUR RIGHT TO OPT-IN

You can opt-in to the sharing of your personal information by contacting us.

OPTING OUT OF NON-ESSENTIAL EMAIL OR TEXT COMMUNICATIONS

If you do not wish to receive email or text communications from us, you may opt out of receiving such communications by emailing or writing to us as provided in the Contact Us section below. You may also reply to the email or text in question and request that you receive no further correspondence from us. You may follow this same procedure to change or update information you have previously provided to us.

Your election not to receive promotional and marketing correspondence from us will not (a) preclude us from corresponding with you, by email, text or otherwise, regarding your existing or past relationship with us, nor (b) preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your personal information while maintaining and improving the Website.

YOUR PRIVACY RIGHTS

To the extent provided for by law and subject to applicable exemptions, you have the following rights in relation to the personal information about you that we have collected:

Right to Know: You have the right to request the following information relating to our collection and use of your personal information over the past 12 months:

The categories of personal information collected
The categories of sources from which personal information is collected
The business or commercial purpose for collecting, selling, or sharing personal information
The categories of third parties to whom we disclose personal information
The specific pieces of personal information we have collected about you

You may make up to two (2) requests to know within a 12-month period. If you would like to exercise your rights, you can call, email or write to us as set out in the Contact Us Section.

Right to Access: You have the right to request disclosure of the personal information listed concerning your Right to Know.

Right to Correct: You have the right to request that we correct inaccurate personal information. In considering this request, we take into account the nature of the personal information and the purposes of the processing of the personal information. We will use commercially reasonable efforts to correct the inaccurate personal information as you have requested.

Right to Delete: You have the right to request that we delete your personal information. Subject to certain exceptions, we will endeavor to delete your personal information and direct any service provider to delete your personal information. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
Comply with a legal obligation
Make other internal and lawful uses of that information that are compatible with the context in which you provided it

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. We do not provide these deletion rights for business-to-business (B2B) personal information, unless otherwise required to do so by applicable law.

If you would like to exercise your right to deletion, you can call, email or write to us as set out in the Contact Us Section.

Right to Know Personal Information Shared and To Whom: For the prior 12 months, you have the right to request disclosure of:

The categories of personal information that we collected about the you
The categories of personal information that we sold or shared about you
The categories of third parties to whom the personal information was sold or shared, by category of personal information for each category of third parties to whom the personal information was sold or shared
The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose

If you would like to exercise your right to know, you can call, email or write to us as set out in the Contact Us Section.

Right to Opt-Out: You have the right to direct us not to sell or share your personal information. However, we do not sell your personal information.

Right to Opt-In: If you are between the ages of 13 and 16 years of age, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales and sharing.

If you have exercised your right to opt-out of the sharing of your Personal Information, you have the right to opt-in to the sharing of your personal information.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising any of the rights described above. We will not:

Deny you services
Charge you higher prices or rates for services because of exercising your consumer rights to your data, including through granting discounts or other benefits, or imposing penalties
Provide you a different level or quality of services
Suggest that you may receive a different price or rate for services or a different level or quality of services

However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any legally-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not currently provide any such incentives.

EXERCISING YOUR PRIVACY RIGHTS

Verification: Only you, or someone legally authorized to act on your behalf, may make a request to exercise your privacy rights. We will need to verify your identity before processing your request. In order to verify your identity, we will generally either require you to login to your account or we must be able to match certain information you provide us to the information we maintain about you. Your request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such person
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Certain requests may require us to obtain additional personal information from you. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in the request to verify the requestor’s identity or authority to make the request.

Authorized Agents: You can empower an “authorized agent” to submit requests on your behalf. We will require the authorized agent to have a written authorization confirming their authority pursuant to the relevant legal regulations.

RESPONSE TIMING AND FORMAT

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing prior to the expiration of the original 45 days.

We will deliver our written response electronically to the email address we have on file for you, regardless of the email address from which you submitted the request.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

REQUESTS SUBMITTED BY AUTHORIZED AGENTS

In certain circumstances, you are permitted to use an authorized agent, as that term is defined by the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”) (“Authorized Agent”), to submit requests on your behalf where you provide sufficient evidence that the requestor is an authorized agent with written permission to act on your behalf and you successfully verify your own identity with us. An Authorized Agent can make a request on the subject consumer’s behalf by:

For requests to know and delete: (1) providing a valid power of attorney under the laws of the subject individual’s state of residence; or (2) providing sufficient evidence to show that the subject consumer has (i) provided the Authorized Agent signed permission to act on their behalf, (ii) verified their own identity directly with us, and (iii) directly confirmed with us that they have provided the Authorized Agent permission to submit the request on their behalf
For requests to opt out: submitting a signed permission demonstrating that the Authorized Agent has been authorized by the subject consumer to act on their behalf

NOTICE OF FINANCIAL INCENTIVES

From the time to time, we may run sweepstakes, contests, or other offers and promotions (collectively, “Programs”) that may be deemed “financial incentives” in relation to our collection of personal information under applicable U.S. privacy laws. A business may offer financial incentives for the collection, sale or deletion of personal information, provided it is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. We may run sweepstakes or contests from time to time. Please refer to the terms and conditions of each Program for additional information about the Program, including how eligible consumers can opt-in or opt-out of the Program at any time. In order to enter a Program, you may be required to provide us or a service provider acting on our behalf with certain personal information, such as identifiers including your name and contact information (“Rewards Data”). If you submit your entry in accordance with the applicable Program’s rules, you may be entered into the Program and will get a chance to win a prize or receive another benefit from us. The value of Rewards Data is related to the value of your information and the costs associated with offering the Program.

CALIFORNIA “SHINE THE LIGHT”

In addition to the rights described above, California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To make such a request, please contact us as set out in the Contact Us Section, Attn: California Shine the Light Inquiry. This request may be made no more than once per calendar year.

DO NOT TRACK

Some web browsers may transmit “do-not-track” signals to Website with which the user communicates. The Website does not monitor or identify “do not track signals” from your computer, and such signals will not impact the operation of this Website.

INFORMATION WE MAY COLLECT INDIRECTLY

Information collected automatically: We automatically collect and store certain types of information about your equipment, browsing actions, and patterns, as well as your use of the Website and Services, such as through the use of “cookies,” pixels and other tracking technologies. Examples of the type of information we may collect automatically include:

IP address of the device you are using
Device ID
Location of your device
Browser type
Internet service provider
Audio recordings when you make customer service calls for quality and training purposes
Video recordings from CCTV security monitoring
Content interaction information, such as files or content viewed, time spent viewing content, and download information
Information we collect automatically, does not personally identify you, but we may maintain or associate it with personal information we collect in other ways or receive from third parties.

We use the automatically collected information to help us to improve our Website and Services and deliver better and more personalized experiences with the Website and our Services, including by enabling us to:

Estimate our audience size and usage patterns
Store information about your preferences, allowing us to customize our Website and Services according to your individual interests
Speed up your searches
Recognize you when you return to our Website so that we can return you to where you were on the Website

See our cookie policy for more detail about information we collect automatically.

COOKIES AND SIMILAR TECHNOLOGIES

We, as well as third parties that provide content or other functionality for our Website, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Website. These technologies allow us to understand who has interacted with us and also help us to operate our Website and Services more efficiently. These technologies also help us deliver online advertising to you.

Cookies. Our Website uses cookies that fall into the following categories: Strictly Necessary, Functionality, Performance, Third-Party and Marketing and Advertising. For more information on cookies, please see our cookie policy.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Website that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page
Interest-based advertising. We may permit third parties to use technologies on our Website to collect information about your device and your use of our Website to advertise products and services to you that are tailored to your perceived interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Such third parties act on our behalf, and we may grant them the right to use your information for their own purposes.
Analytics. We also may use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics for our Website and to develop content. For more information on how Google uses your information, please see please see Google’s Privacy Policy, at https://policies.google.com/privacy?hl=en-US, and Google’s Advertising Policy, at https://policies.google.com/technologies/ads?hl=en-US.
Social Media. Our Website may include social media features, such as Twitter, Facebook, Instagram, LinkedIn, YouTube or other widgets. These social media companies may recognize you and collect information about your visit to our Website, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.

For more details on how we use cookies on our Website, please see our cookie policy.

YOUR CHOICES IN RELATION TO TRACKING AND ONLINE ADVERTISING

Users can visit Ad Settings (google.com), https://adssettings.google.com, for more information about its settings
Users can visit Google Analytics Opt-out Browser Add-on Download Page, https://tools.google.com/dlpage/gaoptout, for information on how to opt-out of Google Analytics
To opt-out of third-party interest-based advertising from advertisers and third parties that participate in certain self-regulatory programs, please visit the Network Advertising Initiative, at https://thenai.org/opt-out/, and the Digital Advertising Alliance, at https://digitaladvertisingalliance.org/. Opt-outs are generally device and browser specific, meaning that you will need to opt-out on each device and browser you use. Please note, even if you opt-out of interest-based advertising, you will continue to receive ads, but they will not be targeted to your interests. Users of mobile applications may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoice mobile app, https://apps.apple.com/us/app/appchoices/, and selecting the user’s choices.
Users can manage their cookie preferences by utilizing the online cookie preference center.

COOKIE POLICY

Overview:

Cookies are small data files created by web browsers and downloaded onto your computer or other device when you access a website. Cookies help make your browsing experience with our Website more personal. Different cookies serve different purposes, such as recognizing your devices, storing information about your preferences, identifying the geographic location of a user, tracking browsing habits and preferences to deliver personalized advertising, recalling information entered on forms, login pages, shopping carts or other features of the Website, helping us understand how the Website is being used, and generally improving your browsing experience on the Website.

Categories of Cookies:

There are different ways to classify cookies, including based on when they expire or whether they are managed by us or a third party.

Persistent Cookies: Persistent Cookies stay on your computer or mobile device until you delete them.
Session Cookies: Session Cookies expire once you close your web browser.
First Party Cookies: First Party Cookies are those that may be managed by Bright Flag and originate from our Website.
Third Party Cookies: Third Party Cookies originate with service providers or business partners providing services on or through our Website, and can be used by these third parties to recognize your device when it visits other websites. Third Party Cookies may also be used for other purposes, such as analytics, advertising and social media features.

Why do we use cookies?:

We use cookies to learn how you interact with our Website and to improve your experience and provide you additional functionality on the Website. Certain things we do using cookies include subjects such as remembering your language preference, remembering Services you may have requested, and providing you with content and advertisements consistent with your interests.

What type of cookies do we use?:

Strictly Necessary:These cookies are necessary for the Website to function and cannot be switched off in our systems. Strictly necessary cookies are typically set in response to actions or services that you request, such as setting your privacy preferences, logging in, filling out a form, or putting items in a shopping basket. Strictly necessary cookies can also be used to manage sessions on load balanced servers or to ensure user requests are routed consistently to the correct server. You can set your browser to block these cookies or to alert you about these cookies, but some parts of the Website will not work if you select such settings.
Functional Cookies: We use functional cookies to remember the choices you make, such as your user name or text size. These cookies help to improve your experience on the Website by providing a more personalized service and enhanced functionality. For example, functional cookies remember where you are in a video so that you can start from that place when you return to the video. Functional cookies may be first party cookies managed by us, or third party cookies managed by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services on the Website may not function properly.
Performance Cookies: Performance cookies are sometimes called analytics cookies. We use these cookies to count visits and traffic sources so we can measure and improve the performance of our Website, including determining whether or not a user is new or returning, distinguishing users from one another, calculating new and returning visitor statistics. These cookies help us to know which pages are the most and least popular on the Website and to see how visitors move around the Website. For example, we use Google Analytics to help us understand how frequently the same people revisit the Website, how the Website is found (from advertising or referring websites), and which pages are most frequently viewed. All information collected through these performance cookies is aggregated and anonymous. This information is combined with data from a large number of other users to create an overall picture of Website use, and is never identified individually or personally and is not linked to any other information we store about you. For more information about Google Analytics, or how to opt out of Google Analytics cookies, please visit Google’s Privacy Policy and Opt out page. If you do not allow these cookies we will not know when you have visited our Website, and will not be able to monitor the Website’s performance.
Social Media Cookies: We use social media cookies to enable features such as share/follow on social networks. These cookies are capable of tracking your browser across other sites and building a profile of your interests. These cookies may impact the content and message you see on other websites you visit. If you do not allow these cookies, you may not be able to use or see these sharing tools.
Third Party Cookies: Some of our webpages use third-party services or software, such as maps, online videos, or social networking features. Many of these services may set cookies on your device. These third party cookies help us enhance your Website experience and improve our services by tracking your online activity. We have no direct control over the information that is collected by these cookies. If you do not allow these cookies, certain features of the Website may not function or you may not be able to use certain sharing mechanisms provided by such third parties.
Tracking, Marketing and Advertising Cookies: We may partner with third party advertisers who may use tracking pixels that set cookies to assist with delivering online advertising relevant to your interests. We or our advertising partners may build a profile of your interests and show you targeted advertisements on other sites. You can opt out of almost all advertising cookies by updating your preferences on www.youronlinechoices.com or www.aboutads.info. These cookies do not directly store personal information about you, but they are based on uniquely identifying your browser and internet device. If you do not allow advertising cookies, you will not stop seeing advertisements—they just will not be tailored specifically to you.
Security Cookies: We use these cookies to help identify and prevent security risks. If you disable these cookies, the website will not function appropriately.

How Do Third Parties Use Cookies on our Website?:

We work with third parties to provide certain services on the Website. These third parties include: Facebook, Google (including YouTube, Analytics, Ads and Drive), Google Analytics, Microsoft, LinkedIn, Instagram, Squarespace, Salesforce, and Mailchimp.

Third parties may use their own cookies to collect information about your actions on our Website and/or the advertisements you click on. The third parties may use this information to deliver advertisements they believe are most likely of interest to you based on content you have already viewed. Third parties may also use this information to measure the effectiveness of certain advertisements. Bright Flag does not control such third party cookies. To disable or reject the third parties cookies, you should refer to their own websites and policies.

For more information on how some of our third party service providers collect and use information please refer to their privacy policies.

How do I Control Cookies?:

If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, this may alter your access and use of some of the pages and features on our Website.

You may also reject or block all or specific types of cookies from our Website by setting your preferences on our Website. You can change those preferences at any time.

You may also visit https://allaboutcookies.org/ or https://www.aboutcookies.org/ for details on how to delete, reject, or block cookies and for further information on cookies generally.

SECURITY

To help protect the privacy and security of your personal information we use reasonable security measures, including administrative, technical, and physical measures. These measures help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your personal information. Additionally, we provide relevant training to our employees about the importance of confidentiality and maintaining the privacy and security of your personal information.

While we do our best to protect your personal information, please be aware that no security measures are perfect or impenetrable. If you know or have reason to believe that your personal information has been lost, stolen, misappropriated, or otherwise compromised, please see the final section of this Privacy Policy for ways to contact us.

RETENTION

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements and for purposes of our legitimate and regular business operations. We delete your personal information when it is no longer used for any business or legal purpose, or for such use as you have allowed.

THIRD-PARTY WEBSITE

Any links to third-party Website on our Website are provided solely as a convenience to you. We do not endorse or make any representations about these Website or any products, materials, or services offered through those Website. Any personal information you provide on these third-party Website is subject to the privacy practices and policies of those Websites, and we recommend you review their privacy practices. We do not accept any responsibility or liability for the privacy practices or content of any Website or services that are not operated by or for us.

SMS PRIVACY POLICY

By opting into SMS marketing messages from Bright Flag Recruiting, you agree to receive recurring automated marketing messages at the phone number provided when you opt in. Consent is not a condition of purchase. Only your phone number is collected in our system and is not used or shared with external parties. Your SMS consent is not shared with third parties for marketing purposes.

Message frequency varies. Message and data rates may apply.

Reply HELP for help. Reply STOP to any message to opt out. Your information will be used as described in our Privacy Policy available at https://www.brightflagrecruiting.com/privacy-policy-us. No mobile information will be shared or sold with third parties/affiliates for marketing/promotional purposes.

SMS TERMS AND CONDITIONS

By opting into SMS from our Contact Us form you are agreeing to receive SMS messages from Bright Flag Recruiting. This includes SMS messages for recruiting services and events.

Message frequency varies. Message and data rates may apply.

See privacy policy at https://www.brightflagrecruiting.com/privacy-policy-us. Message HELP for help. Reply STOP to any message to opt out.

Program Description: Bright Flag Recruiting’s SMS marketing program provides updates about recruiting services and events.
Opt-In Requirements: You must be 18 years or older and authorized to agree to receive text messages at the designated phone number.
Message Frequency: Message frequency varies based on your interactions and preferences. Standard message and data rates may apply.
Supported Carriers: Our SMS program is supported by major wireless carriers including AT&T, T-Mobile, Verizon, Sprint, Boost, U.S. Cellular, and others. Carrier support is subject to change.
Cost: Bright Flag Recruiting does not charge for text messages. However, message and data rates may apply from your mobile carrier.
Opt-Out Instructions: Reply STOP to any message to cancel at any time. After texting STOP, you will receive one confirmation message stating you have been unsubscribed.
Help Instructions: Reply HELP to any message for assistance.
Privacy Policy: Your information will be handled according to our Privacy Policy available at https://www.brightflagrecruiting.com/privacy-policy-us. No mobile information will be shared or sold with third parties/affiliates for marketing/promotional purposes without your consent.
Contact Information: For questions about the SMS program, contact inquiry@brightflagrecruiting.com or 404-556-7818.
Changes to Terms: Bright Flag Recruiting reserves the right to modify these Terms and Conditions at any time. Any changes will be effective upon posting the revised terms on our website.
Program Termination: Bright Flag Recruiting reserves the right to suspend or terminate the SMS program at any time without notice.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated periodically. If we make material changes, they will be posted to our Website. We encourage you to periodically review this page for the latest information on our privacy practices. As long as you continue to use the Website and Services, you agree to this Privacy Policy and any updates we make to it. We will not use your personal information without notice in a manner that is materially different than what we disclosed to you at the time the personal information was collected.

CONTACT US

If you have any questions or concerns about this Privacy Policy, contact us at:

Bright Flag Recruiting
3316 South Cobb Drive SE
Smyrna, GA 30080
Telephone: (404) 556-7818
Email: inquiry@brightflagrecruiting.com
Website: https://www.brightflagrecruiting.com

Privacy Policy: Canada

If you reside in the United States, please see our Privacy Policy applicable to United States residents.

Last updated: November 30, 2022

Included below:

Overview
Age of Users/Parents or Guardians
Personal Information We May Collect
Use of Personal Information
Sale or Sharing of Personal Information
Disclosure of Personal Information in the Preceding 12 Months
To Exercise Your Right to Opt-Out
To Exercise Your Right to Opt-In
Opting Out of Non-Essential Email or Text Communications
Your Privacy Rights
Exercising Your Privacy Rights
Response Timing and Format
Requests Submitted by Authorized Agents
Notice of Financial Incentives
California “Shine the Light”
Do Not Track
Information We May Collect Indirectly
Cookies and Similar Technologies
Your Choices in Relation to Tracking and Online Advertising
Cookie Policy
Security
Retention
Third-party Website
SMS Terms & Conditions
Changes to this Privacy Policy
Contact Us

OVERVIEW

This Bright Flag Recruiting (“Bright Flag ”, “us”, “we” or “our”) Privacy Policy (or the “Policy”) is designed to inform you about the types of information we collect, how we collect, use, process, and disclose that information, and the choices you can make about how we collect, use, process, and disclose your personal information.

This Privacy Policy applies to personal information collected on our website, https://www.brightflagrecruiting.com (the “Website”), through our website, and anywhere else this Privacy Policy is posted. References herein to the “Website” also include the websites of the entities listed as Bright Flag Recruiting affiliates in this Section.

If you reside in or are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), or anywhere else other than in Canada, our Website and services are not directed to you and not intended for your use. If you reside in the United States, please see our Privacy Policy applicable to United States residents.

This Policy applies to Bright Flag Recruiting and all of its affiliates.

This Privacy Policy applies to information collected through our digital properties, services we offer, our events, and virtual sessions (collectively, our “Services”). When using our Website, you may choose to interact with features from third parties that operate independently from Bright Flag, such as social media links and links to third-party websites. Bright Flag has no control over and is not responsible for the privacy practices of such third parties. This Privacy Policy does not apply to the extent Bright Flag does not own or control any linked websites or features you visit or use. We recommend that you familiarize yourself with the privacy practices of these third parties.

Please read this Privacy Policy carefully. By interacting with Bright Flag Recruiting through our Website, mobile applications, products, services, and all other websites developed, owned or maintained by Bright Flag Recruiting, you agree to us collecting, using, storing, disclosing and otherwise processing your personal information in accordance with this Privacy Policy.

This Privacy Policy may change from time to time, and your continued use of the Website or our Services after we make those changes is deemed to be acceptance of those changes. Please check this page periodically for updates to our Privacy Policy. If you do not consent to the collection, use, storage, disclosure or other processing of your personal information as described in this Policy, you should discontinue using our Website and not provide your personal information.

AGE OF USERS/PARENTS OR GUARDIANS

Neither our Website nor our Services are directed to or intended for persons under 16 years of age. We do not knowingly collect any personal information from persons under 16 years of age. If you are under the age of 16, do not use or provide any information on the Website, through features of the Website or through the Services, register on the Website or for the Services, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any personal information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we become aware that we have unknowingly collected personal information from a person under the age of 16, and we do not have parent or guardian consent on file, we will delete such personal information from our records. If you believe we have collected or are processing personal information from a person under 16 years of age without consent, please contact us.

If you are between the ages of 13 to 16 years of age and would like to use our Website and Services, contact us so that we may obtain your affirmative consent to the collection and use of your personal information as set out herein.

PERSONAL INFORMATION WE MAY COLLECT

Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“personal information”). Personal information does not include publicly available information from government records; de-identified or aggregated consumer information; and information excluded from The Personal Information Protection and Electronic Documents Act (PIPEDA) and the Digital Privacy Act.

We collect various types of information from and about users of our Website in order to provide and improve the Website and Services we offer and to communicate with you about our offerings. The information we collect includes information:

By which you may be personally identified
That is about you but individually does not identify you
About your internet connection, the equipment you use to access our Website or Services, and usage details about the Website and Services

We may require certain personal information where, for example, it is necessary under law to perform the Services or a contract with you, to enroll you in an event, or to provide you with information you have requested.

We may collect the following categories of personal information:

Identifiers, such as:
- name,
- postal address,
- email address,
- phone numbers,
- online identifiers,
- IP address,
- mobile device information (e.g., unique device identifier assigned to the device, mobile carrier, operating system, and other device attributes)
Personal Information Categories Listed in the California Customer Records statute, such as name, driver’s license or other photo identification, postal address, phone numbers, employment, employment history
Characteristics of Protected Classifications Under U.S. State or Federal Law, such as, age, national origin, disability
Commercial Information, such as, products or services purchased or considered, credit/debit card number, other purchasing or consuming tendencies
Internet or Other Electronic Network Activity, such as:
- browsing history,
- search history,
- advertisement interaction,
- social media content and information,
- blog comments, content, and information
Geolocation Data, such as, IP address, physical location, GPS signals broadcast by your mobile device
Usage Information, such as which pages on our Website you access, the frequency of access, what you click on while on our Website, and when you accessed the Website
Professional and Employment-related Information, such as business contact details, job title or employer (not collected from Website)
Inferences drawn from other personal information, such as a profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Personal Information you provide to us: We collect personal information you provide to us through the Website or as part of the Services through the following methods:

If you request that we contact you by completing a Contact Form, you will be asked to provide your name, email address, and a message.
If you sign up for any of our online courses, events, or training modules, you may be asked to provide your name and contact information.
If you interact with our Website by sharing on a social media platform, we may collect the information that you post. Please note that your comments will also be visible to the public, so you should never share personal information that you would like to keep private.
If you send us an email, we will collect your email address and any information that you provide in the email.
When ordering Services on the Website, you may be asked to provide a credit or debit card number or other payment and billing information.
If you interact with our blog by sharing a blog post on a social media platform, we may collect the information that you post. If you post a comment to the blog, we may collect that information, as well as your name, email address, and website. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private.
Personal information that you provide to us directly.
Account or other login credentials
Transaction details about purchases and the content of your communications (written, oral or electronic) when you interact with our customer service team
Audio recordings from customer service calls
For any other purpose with your consent

We do not collect biometric information or sensory data. We do not collect non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)).

If you provide any personal information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their personal information in accordance with this Policy.

We collect information in the following ways:

Directly from you when you provide it to us
Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies or other tracking technologies
From third parties, for example our, our service providers

Information from other sources: We may receive information from other sources, such as through social media, third-party platforms and forums, contacts, and business partners. Examples of the types of information we may receive from other sources are:

Personal information, such as your name, personal and professional mailing address, email and phone number
- Profile information, comments, and similar information provided to or on social networks and other forums that connect to us.
- Interests, demographic data, and purchasing behavior.
Information collected from you offline or through other channels. For example:
- Information you provide when attending an event or other in-person function.
- Information you provide over the phone, such as when we discuss our Services with you.

Some of the information we collect may, when combined with other information, be personal information that could be used to identify you. Such information is treated as personal information.

You are responsible for ensuring the accuracy of personal information you provide to us. Inaccurate information may affect your ability to use the Services, including the information you receive when using the Services and our ability to contact you.

USE OF PERSONAL INFORMATION

We use, store, and otherwise process the information we collect to provide and improve our Website and Services, to support our business functions, to fulfill legal obligations we may have to you or others, and to personalize, provide, measure and improve our advertising and marketing.

Some examples of how we may use the personal information we collect include:

To respond to your inquiries and provide support
To present our Website and its contents to you
To provide you with information or services that you request from us, such as registration for online and in-person events, email alerts and updates, or other marketing information or opportunities
To provide you with information about us, our Services and business activities
To comply with any applicable COVID-19 tracing efforts
For customer service and customer support purposes
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection activities
To facilitate payment or delivery of services requested
To help prevent transactional fraud
To provide you with support and respond to your inquiries, such as to investigate and address your concerns, and monitor and improve our responses
To create, maintain, customize and help secure your account with us
To manage your account and provide you with notices regarding the Services
To provide, personalize, measure, and improve your experience with our Website and to deliver content, product and service offerings based on your advertising customization preferences
To help maintain and improve the safety, security, and integrity of our Website and Services
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website or Services is among the assets to be transferred
For testing, research, analysis, and product development, such as to develop and improve our Website, Services, databases, other technology assets, and other offerings
To respond to law enforcement requests as required by applicable law, court order or governmental regulation
To support our general business operations
To notify you about changes to our Website or Services
As described to you when collecting your personal information
To fulfill any other purpose for which you provide it
For any other purpose with your consent
For any other lawful purpose

We may also use your personal information to contact you about our own or third-parties’ goods and services that may be of interest to you or to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. For more information about how third-parties might collect your information or make assumptions about whether you meet its target criteria, please see our cookie policy. If you do not want us to use your personal information in this way, please adjust your preferences in your user account profile. For more information about exercising your rights with respect to your personal information, please see your privacy rights.

SALE OR SHARING OF PERSONAL INFORMATION

We may sell or share the personal information we collect for one or more of the following purposes:

To respond to your inquiries and provide support
To present our Website and its contents to you
To provide you with information or services that you request from us, such as registration for online and in-person events, email alerts and updates, or other marketing information or opportunities
To provide you with information about us, our Services and business activities
To comply with any applicable COVID-19 tracing efforts
For customer service and customer support purposes
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection activities
To facilitate payment or delivery of services requested
To help prevent transactional fraud
To provide you with support and respond to your inquiries, such as to investigate and address your concerns, and monitor and improve our responses
To create, maintain, customize and help secure your account with us
To manage your account and provide you with notices regarding the Services
To provide, personalize, measure, and improve your experience with our Website and to deliver content, product and service offerings based on your advertising customization preferences
To help maintain and improve the safety, security, and integrity of our Website and Services
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website or Services is among the assets to be transferred
For testing, research, analysis, and product development, such as to develop and improve our Website, Services, databases, other technology assets, and other offerings
To respond to law enforcement requests as required by applicable law, court order or governmental regulation
To support our general business operations
To notify you about changes to our Website or Services
As described to you when collecting your personal information
To fulfill any other purpose for which you provide it
For any other purpose with your consent
For any other lawful purpose

To Whom Your Personal Information May be Disclosed:

We may share your personal information by disclosing it to a third party for a business purpose. We make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. We make these disclosures where it is required in order for us to perform our obligations under our contract with you, where it is required to provide the Services you requested, where it is required by law, or where we have another legitimate interest in doing so, including, but not limited to, as follows:

To our affiliates (such as companies that we own, that own us, or companies that share common ownership with us)
To consultants, service providers, and other third parties that perform services on our behalf, such as credit card payment processors, event planners and coordinators, data management and storage providers, marketers and advertisers, analytics and research companies, and professional advisors
To law enforcement agencies, regulators, and courts in response to a court order, subpoena, regulatory requirements or similar legal process, to report any activities we reasonably believe to be unlawful, or as otherwise required by law
To combat fraud or criminal activity, and to protect our rights, users, and business partners, or as part of legal proceedings affecting Bright Flag Recruiting
To another entity in connection with a merger, transfer of data assets, reorganization, divestiture, financing, dissolution, or similar corporate event involving all or part of our business

· To enforce or apply our terms of use and other agreements, including for billing and collection purposes

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our customers, or others
Where it is necessary to respond to a public health emergency, or in an emergency, to protect the safety of your health and property
To a reasonable extent, for purposes of carrying out news reporting and media monitoring for public interests
For any other purpose disclosed by us when you provide the information
Otherwise with your consent

You may also limit the sharing of your personal information and request to opt-out.

DISCLOSURE OF PERSONAL INFORMATION IN THE PRECEDING 12 MONTHS

Sharing of Personal Information: In the preceding twelve (12) months, we have shared for a business purpose the following categories of personal information to the categories of third parties indicated in the information below:

Identifiers — Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
Customer Records Information — Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit or debit card number, other financial information, medical information, health insurance information
Characteristics of Protected Classifications Under California or Federal Law — Race, religion, sexual orientation, gender identity, gender expression, age
Commercial Information — Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or Other Electronic Network Activity — Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement
Geolocation Data
Professional or employment-related information
Inferences — Inferences that could be used to create a profile

We have shared this personal information for the following reasons:

To respond to your inquiries and provide support
To present our Website and its contents to you
To provide you with information or services that you request from us, such as registration for online and in-person events, email alerts and updates, or other marketing information or opportunities
To provide you with information about us, our Services and business activities
For customer service and customer support purposes
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection activities
To facilitate payment or delivery of services requested
To manage your account and provide you with notices regarding us and our Services
To provide, personalize, measure, and improve your experience with our Website and to deliver content, product and service offerings based on your advertising customization preferences
To help maintain and improve the safety, security, and integrity of our Website and Services
To support our general business operations
With your consent or as provided by you

We do not collect Sensitive Personal Information.

Sale of Personal Information: We do not sell your personal information.

TO EXERCISE YOUR RIGHT TO OPT-OUT

You can opt-out of the sharing of your personal information by clicking Do Not Share My Personal Information or by contacting us via the information in the contact us section of this Privacy Policy. You may also exercise your opt-out rights by managing your preferences, as set out in the cookie policy. Please note that there are some categories of personal information that are required and that may not be subject to the opt-out rights, such as personal information needed to complete a transaction you requested. This is disclosed further in the Your Privacy Rights section.

TO EXERCISE YOUR RIGHT TO OPT-IN

You can opt-in to the sharing of your personal information by contacting us.

OPTING OUT OF NON-ESSENTIAL EMAIL OR TEXT COMMUNICATIONS

If you do not wish to receive email or text communications from us, you may opt out of receiving such communications by emailing or writing to us as provided in the Contact Us section below. You may also reply to the email or text in question and request that you receive no further correspondence from us. You may follow this same procedure to change or update information you have previously provided to us.

Your election not to receive promotional and marketing correspondence from us will not (a) preclude us from corresponding with you, by email, text or otherwise, regarding your existing or past relationship with us, nor (b) preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your personal information while maintaining and improving the Website.

YOUR PRIVACY RIGHTS

To the extent provided for by law and subject to applicable exemptions, you have the following rights in relation to the personal information about you that we have collected:

Right to Know: You have the right to request the following information relating to our collection and use of your personal information over the past 12 months:

The categories of personal information collected
The categories of sources from which personal information is collected
The business or commercial purpose for collecting, selling, or sharing personal information
The categories of third parties to whom we disclose personal information
The specific pieces of personal information we have collected about you

You may make up to two (2) requests to know within a 12-month period. If you would like to exercise your rights, you can call, email or write to us as set out in the Contact Us Section.

Right to Access: You have the right to request disclosure of the personal information listed concerning your Right to Know.

Right to Rectification and Correction: You have the right to request that we correct inaccurate personal information. In considering this request, we take into account the nature of the personal information and the purposes of the processing of the personal information. We will use commercially reasonable efforts to correct the inaccurate personal information as you have requested.

Right to Erasure: You have the right to request that we delete your personal information. Subject to certain exceptions, we will endeavor to delete your personal information and direct any service provider to delete your personal information. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
Comply with a legal obligation
Make other internal and lawful uses of that information that are compatible with the context in which you provided it

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. We do not provide these deletion rights for business-to-business (B2B) personal information, unless otherwise required to do so by applicable law.

If you would like to exercise your right to deletion, you can call, email or write to us as set out in the Contact Us Section.

Right to Know Personal Information Shared and To Whom: For the prior 12 months, you have the right to request disclosure of:

The categories of personal information that we collected about the you
The categories of personal information that we sold or shared about you
The categories of third parties to whom the personal information was sold or shared, by category of personal information for each category of third parties to whom the personal information was sold or shared
The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose

If you would like to exercise your right to know, you can call, email or write to us as set out in the Contact Us Section.

Right to Opt-Out: You have the right to direct us not to sell or share your personal information. However, we do not sell your personal information.

Right to Opt-In: If you are between the ages of 13 and 16 years of age, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales and sharing.

If you have exercised your right to opt-out of the sharing of your Personal Information, you have the right to opt-in to the sharing of your personal information.

Right to Data Portability: You have the right to data portability of your personal information. We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity. Any responses to data portability that we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

If you would like to exercise your right to data portability, you can call, email or write us as set out in the Contact Us Section.

Right to Not be Subject to Automated Decision-Making: You have the right to opt-out of Automated Decision-Making. To do so, please see Contact Us Section.

Right to Withdrawal of Consent: You have the right to withdraw your consent to processing your personal information.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising any of the rights described above. We will not:

Deny you services
Charge you higher prices or rates for services because of exercising your consumer rights to your data, including through granting discounts or other benefits, or imposing penalties
Provide you a different level or quality of services
Suggest that you may receive a different price or rate for services or a different level or quality of services

However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any legally-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not currently provide any such incentives.

EXERCISING YOUR PRIVACY RIGHTS

Verification: Only you, or someone legally authorized to act on your behalf, may make a request to exercise your privacy rights. We will need to verify your identity before processing your request. In order to verify your identity, we will generally either require you to login to your account or we must be able to match certain information you provide us to the information we maintain about you. Your request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such person
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Certain requests may require us to obtain additional personal information from you. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in the request to verify the requestor’s identity or authority to make the request.

Authorized Agents: You can empower an “authorized agent” to submit requests on your behalf. We will require the authorized agent to have a written authorization confirming their authority pursuant to the relevant legal regulations.

RESPONSE TIMING AND FORMAT

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing prior to the expiration of the original 45 days.

We will deliver our written response electronically to the email address we have on file for you, regardless of the email address from which you submitted the request.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

REQUESTS SUBMITTED BY AUTHORIZED AGENTS

In certain circumstances, you are permitted to use an authorized agent, as that term is defined by the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”) (“Authorized Agent”), to submit requests on your behalf where you provide sufficient evidence that the requestor is an authorized agent with written permission to act on your behalf and you successfully verify your own identity with us. An Authorized Agent can make a request on the subject consumer’s behalf by:

For requests to know and delete: (1) providing a valid power of attorney under the laws of the subject individual’s state of residence; or (2) providing sufficient evidence to show that the subject consumer has (i) provided the Authorized Agent signed permission to act on their behalf, (ii) verified their own identity directly with us, and (iii) directly confirmed with us that they have provided the Authorized Agent permission to submit the request on their behalf
For requests to opt out: submitting a signed permission demonstrating that the Authorized Agent has been authorized by the subject consumer to act on their behalf

NOTICE OF FINANCIAL INCENTIVES

From the time to time, we may run sweepstakes, contests, or other offers and promotions (collectively, “Programs”) that may be deemed “financial incentives” in relation to our collection of personal information under applicable U.S. privacy laws. A business may offer financial incentives for the collection, sale or deletion of personal information, provided it is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. We may run sweepstakes or contests from time to time. Please refer to the terms and conditions of each Program for additional information about the Program, including how eligible consumers can opt-in or opt-out of the Program at any time. In order to enter a Program, you may be required to provide us or a service provider acting on our behalf with certain personal information, such as identifiers including your name and contact information (“Rewards Data”). If you submit your entry in accordance with the applicable Program’s rules, you may be entered into the Program and will get a chance to win a prize or receive another benefit from us. The value of Rewards Data is related to the value of your information and the costs associated with offering the Program.

DO NOT TRACK

Some web browsers may transmit “do-not-track” signals to Website with which the user communicates. The Website does not monitor or identify “do not track signals” from your computer, and such signals will not impact the operation of this Website.

INFORMATION WE MAY COLLECT INDIRECTLY

Information collected automatically: We automatically collect and store certain types of information about your equipment, browsing actions, and patterns, as well as your use of the Website and Services, such as through the use of “cookies,” pixels and other tracking technologies. Examples of the type of information we may collect automatically include:

IP address of the device you are using
Device ID
Location of your device
Browser type
Internet service provider
Audio recordings when you make customer service calls for quality and training purposes
Video recordings from CCTV security monitoring
Content interaction information, such as files or content viewed, time spent viewing content, and download information
Information we collect automatically, does not personally identify you, but we may maintain or associate it with personal information we collect in other ways or receive from third parties.

We use the automatically collected information to help us to improve our Website and Services and deliver better and more personalized experiences with the Website and our Services, including by enabling us to:

Estimate our audience size and usage patterns
Store information about your preferences, allowing us to customize our Website and Services according to your individual interests
Speed up your searches
Recognize you when you return to our Website so that we can return you to where you were on the Website

See our cookie policy for more detail about information we collect automatically.

COOKIES AND SIMILAR TECHNOLOGIES

We, as well as third parties that provide content or other functionality for our Website, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Website. These technologies allow us to understand who has interacted with us and also help us to operate our Website and Services more efficiently. These technologies also help us deliver online advertising to you.

Cookies. Our Website uses cookies that fall into the following categories: Strictly Necessary, Functionality, Performance, Third-Party and Marketing and Advertising. For more information on cookies, please see our cookie policy.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Website that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page
Interest-based advertising. We may permit third parties to use technologies on our Website to collect information about your device and your use of our Website to advertise products and services to you that are tailored to your perceived interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Such third parties act on our behalf, and we may grant them the right to use your information for their own purposes.
Analytics. We also may use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics for our Website and to develop content. For more information on how Google uses your information, please see please see Google’s Privacy Policy, at https://policies.google.com/privacy?hl=en-US, and Google’s Advertising Policy, at https://policies.google.com/technologies/ads?hl=en-US.
Social Media. Our Website may include social media features, such as Twitter, Facebook, Instagram, LinkedIn, YouTube or other widgets. These social media companies may recognize you and collect information about your visit to our Website, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.

For more details on how we use cookies on our Website, please see our cookie policy.

YOUR CHOICES IN RELATION TO TRACKING AND ONLINE ADVERTISING

Users can visit Ad Settings (google.com), https://adssettings.google.com, for more information about its settings
Users can visit Google Analytics Opt-out Browser Add-on Download Page, https://tools.google.com/dlpage/gaoptout, for information on how to opt-out of Google Analytics
To opt-out of third-party interest-based advertising from advertisers and third parties that participate in certain self-regulatory programs, please visit the Network Advertising Initiative, at https://thenai.org/opt-out/, and the Digital Advertising Alliance, at https://digitaladvertisingalliance.org/. Opt-outs are generally device and browser specific, meaning that you will need to opt-out on each device and browser you use. Please note, even if you opt-out of interest-based advertising, you will continue to receive ads, but they will not be targeted to your interests. Users of mobile applications may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoice mobile app, https://apps.apple.com/us/app/appchoices/, and selecting the user’s choices.
Users can manage their cookie preferences by utilizing the online cookie preference center.

COOKIE POLICY

Overview:

Cookies are small data files created by web browsers and downloaded onto your computer or other device when you access a website. Cookies help make your browsing experience with our Website more personal. Different cookies serve different purposes, such as recognizing your devices, storing information about your preferences, identifying the geographic location of a user, tracking browsing habits and preferences to deliver personalized advertising, recalling information entered on forms, login pages, shopping carts or other features of the Website, helping us understand how the Website is being used, and generally improving your browsing experience on the Website.

Categories of Cookies:

There are different ways to classify cookies, including based on when they expire or whether they are managed by us or a third party.

Persistent Cookies: Persistent Cookies stay on your computer or mobile device until you delete them.
Session Cookies: Session Cookies expire once you close your web browser.
First Party Cookies: First Party Cookies are those that may be managed by Bright Flag and originate from our Website.
Third Party Cookies: Third Party Cookies originate with service providers or business partners providing services on or through our Website, and can be used by these third parties to recognize your device when it visits other websites. Third Party Cookies may also be used for other purposes, such as analytics, advertising and social media features.

Why do we use cookies?:

We use cookies to learn how you interact with our Website and to improve your experience and provide you additional functionality on the Website. Certain things we do using cookies include subjects such as remembering your language preference, remembering Services you may have requested, and providing you with content and advertisements consistent with your interests.

What type of cookies do we use?:

Strictly Necessary:These cookies are necessary for the Website to function and cannot be switched off in our systems. Strictly necessary cookies are typically set in response to actions or services that you request, such as setting your privacy preferences, logging in, filling out a form, or putting items in a shopping basket. Strictly necessary cookies can also be used to manage sessions on load balanced servers or to ensure user requests are routed consistently to the correct server. You can set your browser to block these cookies or to alert you about these cookies, but some parts of the Website will not work if you select such settings.
Functional Cookies: We use functional cookies to remember the choices you make, such as your user name or text size. These cookies help to improve your experience on the Website by providing a more personalized service and enhanced functionality. For example, functional cookies remember where you are in a video so that you can start from that place when you return to the video. Functional cookies may be first party cookies managed by us, or third party cookies managed by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services on the Website may not function properly.
Performance Cookies: Performance cookies are sometimes called analytics cookies. We use these cookies to count visits and traffic sources so we can measure and improve the performance of our Website, including determining whether or not a user is new or returning, distinguishing users from one another, calculating new and returning visitor statistics. These cookies help us to know which pages are the most and least popular on the Website and to see how visitors move around the Website. For example, we use Google Analytics to help us understand how frequently the same people revisit the Website, how the Website is found (from advertising or referring websites), and which pages are most frequently viewed. All information collected through these performance cookies is aggregated and anonymous. This information is combined with data from a large number of other users to create an overall picture of Website use, and is never identified individually or personally and is not linked to any other information we store about you. For more information about Google Analytics, or how to opt out of Google Analytics cookies, please visit Google’s Privacy Policy and Opt out page. If you do not allow these cookies we will not know when you have visited our Website, and will not be able to monitor the Website’s performance.
Social Media Cookies: We use social media cookies to enable features such as share/follow on social networks. These cookies are capable of tracking your browser across other sites and building a profile of your interests. These cookies may impact the content and message you see on other websites you visit. If you do not allow these cookies, you may not be able to use or see these sharing tools.
Third Party Cookies: Some of our webpages use third-party services or software, such as maps, online videos, or social networking features. Many of these services may set cookies on your device. These third party cookies help us enhance your Website experience and improve our services by tracking your online activity. We have no direct control over the information that is collected by these cookies. If you do not allow these cookies, certain features of the Website may not function or you may not be able to use certain sharing mechanisms provided by such third parties.
Tracking, Marketing and Advertising Cookies: We may partner with third party advertisers who may use tracking pixels that set cookies to assist with delivering online advertising relevant to your interests. We or our advertising partners may build a profile of your interests and show you targeted advertisements on other sites. You can opt out of almost all advertising cookies by updating your preferences on www.youronlinechoices.com or www.aboutads.info. These cookies do not directly store personal information about you, but they are based on uniquely identifying your browser and internet device. If you do not allow advertising cookies, you will not stop seeing advertisements—they just will not be tailored specifically to you.
Security Cookies: We use these cookies to help identify and prevent security risks. If you disable these cookies, the website will not function appropriately.

How Do Third Parties Use Cookies on our Website?:

We work with third parties to provide certain services on the Website. These third parties include: Facebook, Google (including YouTube, Analytics, Ads and Drive), Google Analytics, Microsoft, LinkedIn, Instagram, Squarespace, Salesforce, and Mailchimp.

Third parties may use their own cookies to collect information about your actions on our Website and/or the advertisements you click on. The third parties may use this information to deliver advertisements they believe are most likely of interest to you based on content you have already viewed. Third parties may also use this information to measure the effectiveness of certain advertisements. Bright Flag does not control such third party cookies. To disable or reject the third parties cookies, you should refer to their own websites and policies.

For more information on how some of our third party service providers collect and use information please refer to their privacy policies.

How do I Control Cookies?:

If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, this may alter your access and use of some of the pages and features on our Website.

You may also reject or block all or specific types of cookies from our Website by setting your preferences on our Website. You can change those preferences at any time.

You may also visit https://allaboutcookies.org/ or https://www.aboutcookies.org/ for details on how to delete, reject, or block cookies and for further information on cookies generally.

SECURITY

To help protect the privacy and security of your personal information we use reasonable security measures, including administrative, technical, and physical measures. These measures help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your personal information. Additionally, we provide relevant training to our employees about the importance of confidentiality and maintaining the privacy and security of your personal information.

While we do our best to protect your personal information, please be aware that no security measures are perfect or impenetrable. If you know or have reason to believe that your personal information has been lost, stolen, misappropriated, or otherwise compromised, please see the final section of this Privacy Policy for ways to contact us.

RETENTION

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements and for purposes of our legitimate and regular business operations. We delete your personal information when it is no longer used for any business or legal purpose, or for such use as you have allowed.

THIRD-PARTY WEBSITE

Any links to third-party Website on our Website are provided solely as a convenience to you. We do not endorse or make any representations about these Website or any products, materials, or services offered through those Website. Any personal information you provide on these third-party Website is subject to the privacy practices and policies of those Websites, and we recommend you review their privacy practices. We do not accept any responsibility or liability for the privacy practices or content of any Website or services that are not operated by or for us.

SMS TERMS & CONDITIONS

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Bright Flag Recruiting. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://www.brightflagrecruiting.com/privacy-policy-canada. Message HELP for help. Reply STOP to any message to opt out.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated periodically. If we make material changes, they will be posted to our Website. We encourage you to periodically review this page for the latest information on our privacy practices. As long as you continue to use the Website and Services, you agree to this Privacy Policy and any updates we make to it. We will not use your personal information without notice in a manner that is materially different than what we disclosed to you at the time the personal information was collected.

CONTACT US

If you have any questions or concerns about this Privacy Policy, contact us at:

Bright Flag Recruiting
3316 South Cobb Drive SE
Smyrna, GA 30080
Telephone: (404) 556-7818
Email: inquiry@brightflagrecruiting.com
Website: https://www.brightflagrecruiting.com

Notice of Right to Opt-Out of the Sale of Personal Information

This notice is required by the California Consumer Privacy Act of 2018 (the “CCPA”) which only applies to residents of California. For more information about our information collection practices andprocedures, and about the rights of California residents under the CCPA, please visit our privacy policy.

The term “sell” is very broadly defined under the CCPA. Under the CCPA, “sell” means sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, inwriting, or by electronic or other means a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. California residentshave the right to direct us, at any time, not to sell their personal information to third parties. This is called the right to opt out.

The purpose of this notice is to advise California residents that we may sell your personal information within the meaning of the CCPA.

To exercise this right, California residents may opt-out by e-mailing inquiry@brightflagrecruiting.com and indicating in the e-mail, (i) your name, address and e-mail address, (ii) that you are aresident of California, and (iii) you are exercising your right to opt-out of the “sale” of your personal information. You may also make this request by calling our Customer Service Department at615.669.2470, and providing the same information and request.

You do not need to create an account with us to exercise this right. However, the law contains exceptions to the definition of selling which may limit how we may respond to your request. Forexample, selling does not include (i) performing services on behalf of Bright Flag Recruiting whether directly or through a service provider such as servicing accounts, processing payments etc. or(ii) auditing related to a current interaction with a California resident.

California residents can also authorize another person, called an agent, to opt out of the sale of their personal information on their behalf. When a California resident uses an authorized agent toexercise his or her right to opt out, we may require proof that the agent has been authorized by the resident to act on his or behalf, including a written confirmation from the resident confirmingthe authorization.

Master Services Agreement General Terms and Conditions for Services

1. Applicability and Background.

(a) Applicability. These Terms and Conditions for Services (these “Terms”) govern the provision of services by FTW Delivery Management Group, LLC, a Texas limited liability company, dba DMGGO (“DMGGO”) and Bright Flag Recruiting, LLC, a Texas limited liability company (BFR), for Customers who accept quotes for services (the “Customer”).

(b) Background. Customer is in the package delivery business. DMGGO and BFR has the capacity and capability to provide certain administrative, management, and logistical services to support Customer in the operation of its package delivery business. Accordingly, Customer desires to engage DMGGO to provide the Services (as defined herein) and DMGGO desires to provide such Services.

(c) Agreement. These Terms comprise the entire Master Services Agreement (the “Agreement”) between the Parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

(d) Priority of Terms. These Terms prevail over any of Customer’s general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of Services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.

2. Services. DMGGO and BFR shall provide each of the services selected by Customer in a quote (the “Services”). Customer may elect to add or delete Services from time to time by submitting an email to DMGgo and BFR by sending an updated Service Selection Form to DMGGO and BFR. A description of each of the DMGGO’s Services is available at https://dmggo.com/services. A description of each of the BFR’s Services is available at https://www.brightflagrecruiting.com/recruiting-services.

3. Customer Obligations. Customer shall:

(a) cooperate with DMGGO and BFR in all matters relating to the Services;

(b) respond promptly to any DMGGO or BFR request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for DMGGO and BFR to perform Services in accordance with the requirements of this Agreement;

(c) provide such Customer materials or information as DMGGO and BFR may request to carry out the Services in a timely manner and ensure that such Customer materials or information are complete and accurate in all material respects;

(d) obtain and maintain all necessary licenses and consents and comply with all applicable laws, regulations, or other requirements related to this Agreement and Customer’s underlying business activities;

(e) comply with any and all requirements, obligations, and conditions of all third party delivery service or similar programs applicable to Customer (e.g., Amazon’s Delivery Service Partner Program, FedEx Independent Service Provider, and other third party delivery programs), and remain in good standing as an authorized partner in such service or program.

4.Customer’s Acts or Omissions. If DMGGO or BFR’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, DMGGO and BFR shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

5. Fees and Expenses; Payment Terms; Late Payments.

(a) Fees. In consideration of the provision of the Services by DMGGO and BFR and the rights granted to Customer under this Agreement, Customer shall pay (i) the Implementation Fee as set forth on the Quote; and (ii) the fees set forth in DMGGO and BFR’s then current fee schedule, available at www.dmggo.com/service (the “Fee Schedule”). DMGGO and BFR may amend the Fee Schedule or otherwise increase its standard fee rates specified in the Fee Schedule upon 30 days’ prior written notice to Customer. The Implementation Fee is due prior to implementing new services.

Bright Flag Recruiting Fees as of July 1, 2024 are as follows:

Service Type	Sales Unit Price	Unit	Billing Cycle
DSP Recruiting – Tier 1	$300.00	Flat	Weekly
DSP Recruiting – Tier 2	$425.00	Flat	Weekly
DSP Recruiting – Tier 3	$550.00	Flat	Weekly
DSP Recruiting – Tier 4	$675.00	Flat	Weekly
P&D Recruiting – Tier 1	$300.00	Flat	Weekly
P&D Recruiting – Tier 2	$425.00	Flat	Weekly
P&D Recruiting – Tier 3	$550.00	Flat	Weekly
P&D Recruiting – Tier 4	$675.00	Flat	Weekly
AFP Linehaul Recruiting	$3000.00	Flat	Monthly
FDX Linehaul – Retainer	$1000.00	Flat	Monthly
FDX Linehaul – Retainer – Additional Location	$500.00	Flat	Monthly
FDX Linehaul – Placement – Solo or Team Driver	$1500.00	Flat	Ad Hoc
Professional Recruiting	10% of salary	Variable	Ad Hoc
Executive Recruitment	20% of salary	Variable	Ad Hoc
Custom	Custom Quote	Variable	Ad Hoc
Front-End Recruiting	$500.00	Flat	Monthly
Back-End Recruiting	$500.00	Flat	Monthly
SMB Linehaul – Retainer	$1,000.00	Flat	Monthly
SMB Linehaul – Retainer – Additional Location	$500.00	Flat	Monthly
SMB Linehaul – Placement – Solo or Team Driver	$1,500.00	Flat	Ad Hoc

(b) Expenses. Customer agrees to reimburse DMGGO and BFR for all reasonable travel and out-of-pocket expense incurred by DMGGO and BFR in connection with the performance of the Services as well as Customer’s pro rata share of all necessary software and materials needed to provide the Services, including without limitation, fleet tracking software, scheduling software, and communication tools. Expenses incurred by DMGGO and BFR will be documented on the applicable invoice provided to Customer.

(c) Taxes. The fees for services set forth on our website are net of all applicable taxes. Our technology subscriptions do require Customer to pay applicable taxes. Customer shall be responsible for all sales, use, and excise taxes, and any similar taxes, duties, and charges of any kind imposed by any federal state, or local entity on any amounts payable by Customer hereunder; provided, that in no event shall Customer pay or be responsible for any taxes imposed on, or with respect to, DMGGO and BFR’s income, revenues, gross receipts, personnel, real or personal property,or other assets.

(d) Invoices and Payments. DMGGO and BFR will submit invoices to Customer on a weekly basis. Customer shall pay all invoiced amounts due to DMGGO and BFR within three (3) days from the date of invoice. All payments shall be made in US dollars by wire transfer, check, or ACH.

(e) Late Payments. In the event payments are not received by DMGGO and BFR within fourteen (14) days after becoming due, DMGGO and BFR may (i) charge interest on any such unpaid amounts at a rate of 1.5% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and (ii) suspend performance for all Services until payment has been made in full. Customer shall reimburse DMGGO and BFR for all costs incurred in collecting any overdue payments and related interest, including without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. If a check tendered by Customer is returned for insufficient funds, uncollected funds or stopped payment, Customer shall pay DMGGO or BFR a $50.00 service fee.

6. Limited Warranty and Limitation of Liability. DMGGO and BFR represents and warrants that the Services shall be provided in accordance with the terms of this Agreement. DMGGO and BFR’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of this warranty shall be to use commercially reasonable efforts to promptly cure any such breach; provided, that if DMGGO or BFR cannot cure such breach within 30 days after Customer’s written notice of such breach, Customer may terminate the Agreement by delivering written notice of termination in accordance with Section 10(b). EXCEPT AS SET FORTH IN THIS SECTION 6, DMGGO AND BFR MAKES NO OTHER REPRESENTATIONS OR WARRANTIES RELATED TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE TO THE EXTENT PERMITTED IN LAW.

7. Intellectual Property; Data License.

(a) Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the DMGGO of BFR in the course of performing the Services (collectively, the “Deliverables”), except for any Confidential Information of Customer or customer materials, shall be owned by DMGGO and BFR. DMGGO and BFR hereby grants Customer a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.

(b) Data License.

(i) License Grant. Customer hereby grants DMGGO and BFR a non-exclusive, non-sublicensable, and non-transferable (except in compliance with Section 14(e)) royalty free, perpetual, irrevocable license to use the Data in providing the Services to Customer and for DMGGO and BFR’s business purposes of creating and preparing financial projections, forecasting metrics, and other benchmarks for its customers, including without limitation, compiling, processing, aggregating, and otherwise using the Data in de-identified and anonymized form for such forecasting and benchmarking purposes. For purposes of this Agreement, “Data” means (a) current and historical information and data related to the Customer and its business that is provided in or accessible through applicable third party platforms, including without limitation, Amazon Logistics’ DSP Dashboard or the FedEx’s MyGroundBiz Account (b) Customer’s current and historical accounting records, information, and data contained in or accessible through Customer’s accounting records and/or accounting software; and (c) Customer’s current and historical payroll records, information, and data contained in or accessible through Customer’s payroll records and/or payroll processing software or payroll processing service provider records; provided, however, notwithstanding anything to the contrary in this Agreement, Data shall not include or mean any aggregation or compilation of such Data that has been anonymized by DMGGO or BFR for use in its business, including, without limitation, for providing forecasting and benchmarking information to DMGGO and BFR’s customers.

(ii) Use Restrictions. The Parties acknowledge that the Data is Confidential Information of Customer subject to Section 8 hereof.

(iii) Access and Delivery. During the Term, Customer shall provide DMGGO and BFR with access to the Data, as reasonably requested by DMGGO and BFR, or otherwise deliver the Data electronically, on tangible media, or by other means, as reasonably requested by DMGGO and BFR.

(c) Data Ownership. DMGGO and BFR acknowledge that, as between DMGGO, BFR, and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Data. Notwithstanding anything to the contrary herein, DMGGO, BFR, and Customer hereby acknowledge and agree that, as between DMGGO, BFR, and Customer, DMGGO and BFR owns all right, title, and interest, including all intellectual property rights, in and to any and all (i) anonymized aggregations or compilations of the Data that DMGGO and BFR processes or prepares as allowed under this Agreement and (ii) Deliverables that contain or were derived, in whole or in part, from the Data.

(d) Data Warranties. Customer warrants that:

(i) the Data shall not include any virus or other malicious code;

(ii) the Data is the exclusive property of Customer;

(iii) Customer has obtained and shall maintain all governmental and regulatory licenses, registrations, permits, certifications, and approvals required for the Data;

(iv) Customer has obtained and shall maintain at all times during the term of this Agreement all third-party permissions, rights, and consents required to license the Data as contemplated by this Agreement;

(v) Customer has undertaken reasonable efforts to ensure that the Data is timely and accurate; and

(vi) Customer will use reasonable efforts to notify DMGGO and BFR of errors in the Data.

(e) Customer Data Indemnification. In addition to the indemnification obligations contained in Section12 of the Agreement, Customer hereby agrees that Customer will on behalf of itself and its representatives, at Customer’s sole cost and expense, indemnify, defend, and hold DMGGO and BFR, its affiliates and each of their respective officers, employees, agents, representatives, successors, and assigns harmless from and against any and all Losses directly or indirectly arising from or related to any Claim that DMGGO or BFR’s use of the Data infringes or misappropriates such third party’s US intellectual property rights, provided that DMGGO and BFR promptly notifies Customer in writing of the claim, cooperates with Customer, and allows Customer sole authority to control the defense and settlement of such claim. If such a Claim is made or appears possible, DMGGO and BFR agree to permit Customer, at Customer’s sole cost and expense, to (A) modify or replace any such infringing part of feature of the Data to make it non-infringing, or (B) obtain rights to continue use.

8. Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” or if disclosed orally, is identified as confidential when disclosed and within five (5) days thereafter, is summarized in writing and confirmed as confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section 8; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s affiliates, employees, officers, directors, owners, service providers, advisors, or representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy.

9. Term. This Agreement shall commence on the Effective Date and, unless earlier terminated in accordance with this Agreement, shall continue for an initial period of one (1) year (the “Initial Term”). This Agreement shall automatically renew for additional successive one-year periods (each a “Renewal Term”) at then-current pricing unless and until either Party provides written notice of non-renewal at least fourteen (14) days prior to the end of the then current term. For purposes of this Agreement, the Initial Term and Renewal Terms are collectively referred to as the “Term.”

10. Termination.

(a) Termination for Cause. This Agreement may be terminated before the expiration date of the Term on written notice:

(i) by DMGGO or BFR, if Customer (A) fails to pay any amount when due hereunder and such failure continues for fourteen (14) days after Customer’s receipt of written notice of nonpayment, or (B) fails to pay any amount due hereunder more than two (2) times in any three-month period;

(ii) by either Party, if the other Party (A) materially breaches any provision of this Agreement and either the breach cannot be cured or, if the breach can be cured, it is not cured by the breaching Party within ten (10) days after the breaching Party’s receipt of written notice of such breach; (B) becomes insolvent; (C) is generally unable to pay, or fails to pay its debts as they become due; (D) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law; (E) makes or seeks to make a general assignment for the benefit of its creditors; (F) applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property or business; or (G) is dissolved or liquidated or takes any corporate action for such purpose.

(b) Termination by Customer. Subject to Section 10(a), Customer shall not terminate this Agreement for a period of thirty (30) days following the Effective Date, when services are fully implemented. After the initial thirty (30) day period, Customer may terminate this Agreement without cause, by providing at least fourteen (14) days prior written notice to DMGGO. For Recruiting Services, Customers may terminate after initial fourteen (14) days without cause, by providing at least fourteen (14) days prior written notice to BFR.

(c) Effect of Termination. The expiration or termination of this Agreement, for any reason, will not release any Party from any obligation or liability to the other Party, including any payment and delivery obligation that (i) has already accrued hereunder; (ii) comes into effect due to the expiration or termination of this Agreement; or (iii) otherwise survives the expiration or termination of this Agreement. In addition, the rights and obligations of the Parties set forth in this Section 10 and in Sections 6, 7, 8, 11, 12, 13 and 14, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive termination or expiration of this Agreement.

11. Limitation of Liability.

(a) IN NO EVENT SHALL DMGGO AND BFR, OR ANY OF ITS AFFILIATES OR REPRESENTATIVES BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DMGGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL DMGGO OR BFR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO DMGGO PURSUANT TO THIS AGREEMENT IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification.

(a) To the fullest extent permitted by law, with respect to Customer’s performance under this Agreement, Customer will on behalf of itself and its representatives, at Customer’s sole cost and expense, indemnify, defend and hold DMGGO and BFR, its affiliates and each of their respective officers, employees, agents, representatives, successors, and assigns harmless from and against any and all third party claims, actions, suits, allegations, demands, proceedings and regulatory actions (collectively, “Claims”) and all liabilities, damages, judgments, fines, penalties, settlements, costs, expenses (including reasonable attorneys’ fees) and charges (collectively “Losses”) directly or indirectly arising from or related to a Claim from, or in connection with: (i) the operation or conduct of Customer’s business; (ii) the negligence or misconduct of Customer or any of its affiliates, representatives, employees, or subcontractors; (iii) the violation of any applicable law or regulation applicable to Customer or the conduct of Customer’s business; (iv) the breach of any representation, warranty, covenant, or agreement made by Customer in this Agreement; (v) the breach of any obligation Customer owes to or has with a third party, including without limitation, Amazon or FedEx; (vi) violation by Customer of any applicable requirement or obligation of Customer to an applicable third party delivery program (including without limitation, as a delivery partner to Amazon or FedEx); (vii) any claim by a third party against Customer, or any of its affiliates, representatives employees, or subcontractors related to, arising out of, or in connection with Customer’s use of the Services hereunder, including without limitation, any accident (vehicular or otherwise) by related to directions from a DMGGO dispatcher; or (viii) actual or third party-alleged violation or infringement by Customer of a third party’s Intellectual Property Rights.

13. Non-Solicitation. During the Term and for a period of one (1) year following the termination or expiration of this Agreement, Customer shall not, and shall cause its affiliates and representatives not to, solicit to employ or employ any employee or subcontractor of DMGGO and BFR or any of DMGGO and BFR’s affiliates without the express written consent of DMGGO.

14. Miscellaneous.

(a) Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement must be in writing and addressed to the other Party at its address set forth on the Cover Sheet (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 14(a).

(b) Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

(c) Amendments. No amendment to or modification of this Agreement is effective unless it is in writing, identified as an amendment to this Agreement and signed by an authorized representative of each Party.

(d) Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

(e) Assignment. Customer shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of DMGGO and BFR. Any purported assignment or delegation in violation of this Section 14(e) shall be null and void. No assignment or delegation shall relieve the Customer of any of its obligations under this Agreement. DMGGO and BFR may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of DMGGO and BFR’s assets without Customer’s consent.

(f) Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.

(g) Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.

(h) No Third-Party Beneficiaries. Except as set forth in Section 12(b), this Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

(i) Choice of Law. This Agreement and all related documents all Attachments, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.

(j) Choice of Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all Attachments, and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the federal or state courts, in each case located in Fort Worth, Texas, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the federal or state courts, in each case located in Fort Worth, Texas. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

(k) WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING any ATTACHMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY ATTACHMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

(l) Equitable Remedies. Each Party acknowledges that a breach by a Party of Section 7(a) (Intellectual Property), Section 8 (Confidential Information), or Section 13 (Non-Solicitation) may cause the non-breaching Party irreparable damages, for which an award of damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, the non-breaching Party will be entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance, and any other relief that may be available from any court, in addition to any other remedy to which the non-breaching Party may be entitled at law or in equity. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in this Agreement to the contrary.

(m) Force Majeure. DMGGO and BFR shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of DMGGO and BFR including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemics, or other health related emergencies, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

(n) Security. DMGGO and BFR shall keep Customer passwords in a secure vault and limit access to Customer data to the smallest number of employees needed to support the services Customer has purchased. DMGGO and BFR currently utilizes 1Password. Please see https://1password.com/security/ additional details.

Legal Terms

Privacy Policy: US

OVERVIEW

AGE OF USERS/PARENTS OR GUARDIANS

PERSONAL INFORMATION WE MAY COLLECT

USE OF PERSONAL INFORMATION

SALE OR SHARING OF PERSONAL INFORMATION

DISCLOSURE OF PERSONAL INFORMATION IN THE PRECEDING 12 MONTHS

TO EXERCISE YOUR RIGHT TO OPT-OUT

TO EXERCISE YOUR RIGHT TO OPT-IN

OPTING OUT OF NON-ESSENTIAL EMAIL OR TEXT COMMUNICATIONS

YOUR PRIVACY RIGHTS

EXERCISING YOUR PRIVACY RIGHTS

RESPONSE TIMING AND FORMAT

REQUESTS SUBMITTED BY AUTHORIZED AGENTS

NOTICE OF FINANCIAL INCENTIVES

CALIFORNIA “SHINE THE LIGHT”

DO NOT TRACK

INFORMATION WE MAY COLLECT INDIRECTLY

COOKIES AND SIMILAR TECHNOLOGIES

YOUR CHOICES IN RELATION TO TRACKING AND ONLINE ADVERTISING

COOKIE POLICY

SECURITY

RETENTION

THIRD-PARTY WEBSITE

SMS PRIVACY POLICY

SMS TERMS AND CONDITIONS

CHANGES TO THIS PRIVACY POLICY

CONTACT US

Privacy Policy: Canada

OVERVIEW

AGE OF USERS/PARENTS OR GUARDIANS

PERSONAL INFORMATION WE MAY COLLECT

USE OF PERSONAL INFORMATION

SALE OR SHARING OF PERSONAL INFORMATION

DISCLOSURE OF PERSONAL INFORMATION IN THE PRECEDING 12 MONTHS

TO EXERCISE YOUR RIGHT TO OPT-OUT

TO EXERCISE YOUR RIGHT TO OPT-IN

OPTING OUT OF NON-ESSENTIAL EMAIL OR TEXT COMMUNICATIONS

YOUR PRIVACY RIGHTS

EXERCISING YOUR PRIVACY RIGHTS

RESPONSE TIMING AND FORMAT

REQUESTS SUBMITTED BY AUTHORIZED AGENTS

NOTICE OF FINANCIAL INCENTIVES

DO NOT TRACK

INFORMATION WE MAY COLLECT INDIRECTLY

COOKIES AND SIMILAR TECHNOLOGIES

YOUR CHOICES IN RELATION TO TRACKING AND ONLINE ADVERTISING

COOKIE POLICY

SECURITY

RETENTION

THIRD-PARTY WEBSITE

SMS TERMS & CONDITIONS

CHANGES TO THIS PRIVACY POLICY

CONTACT US

Notice of Right to Opt-Out of the Sale of Personal Information

Master Services Agreement General Terms and Conditions for Services