1. INFORMATION COLLECTION AND USE. Our primary goals in collecting, using and processing information via the Platform are to provide Users with access to and use of our Platform, to improve and further develop our Platform and to enable users to enjoy and easily navigate the Site.
2. PERSONALLY IDENTIFIABLE INFORMATION.
2.1 Release of Personally Identifiable Information. You may use the Site as a member of the general public that is not a Client or a Consultant without volunteering personally identifiable information. If you are a Client or a Consultant, you are required to release personally identifiable information in order to apply for or register with Avisare and to contract with other Users on the Platform. The information that you must provide us with, or grant us access to, or permission to obtain may include, but is not limited to, your name and address, email address, telephone number, recent photographs, geographical location, billing and financial account information, and such other information as determined by Avisare from time to time (“User Information”), which will be stored under your “Account(s)” or “Profile(s)” page. We may collect additional Personally Identifiable Information to validate your identity, such as your date of birth, place of birth or taxpayer identification number. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third party databases or request a credit report.
2.2 Release of Engagement Information. If you are registering as a Consultant, Avisare will also ask you to provide the names and contact information for your previous places of employment, any post-graduation work experience, or other relevant qualifications you may have that will assist you in completing Engagements. If you are registering as a Client, Avisare will ask you to provide your User Information, along with information about your business needs, your company profile, and other information as determined by Avisare from time to time to help us understand the Work you may request through the Platform.
3. LOGIN CREDENTIALS.
You may link your Avisare account to your SNS account, in which case the SNS may share certain information about you with other SNS users, as well as sharing certain information about other SNS users with you. You represent that you are authorized to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Avisare to pay any fees or making Avisare subject to any usage limitations imposed by such SNS. You can disable the link between your Avisare account and your SNS account at any time through the “Settings” section of the Site. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your Avisare account and your SNS account will terminate as well.
4. MARKETING MATERIAL. When you register for the Platform, you will be opting-in to receive Avisare emails, newsletters, marketing and/or promotional materials using your Personal Information. If you decide at any time that you no longer wish to receive such communications from us, you can opt-out or customize the type of messages you receive from Avisare by visiting the “Account Settings” section of your profile, or by clicking on the unsubscribe link included at the bottom of Avisare emails. Please note that any such opt-out applies solely to marketing related emails. Avisare will still need to communicate with you via email regarding non-marketing related matters such as the distribution of Work on the Platform in connection with a hiring Client and you acknowledge and agree that Avisare has the right to do so.
5. PRIVACY RIGHTS AND YOUR DATA
5.2 Third Parties. Avisare may employ third-party companies and individuals to facilitate our Platform, to provide the services of our Platform on our behalf, to perform Site-related services (e.g. without limitation, maintenance services, database management, email distribution, web analytics, payment processing, fraud detection and improvement of the Site’s features) or to assist us in analyzing how our Site and Platform are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Although we ensure that our third party agents (“Agents”) receiving your information are bound by confidentiality obligations, Avisare is not responsible for, and shall not be liable for, any issues that may arise regarding the Privacy Policies of any of its Agents, affiliates, advertiser and/or third parties. By using the Site, you do hereby agree to hold Avisare harmless, indemnify, and defend from any claims and/or damages that may arise from the actions of any of Avisare’s Agents, affiliates, and/or advertisers.
5.4 Background Checks. If you are a Consultant, Avisare has the right, but not the obligation, to verify whether the information displayed in your account is accurate. You hereby grant to Avisare the right to conduct background checks to confirm the accuracy of any User Information that is available on your Account including, without limitation, your name and address, email address, telephone number, photographs, geographical location, billing information, work experience, any other of your qualifications, your credit history and a criminal background check (collectively, “Background Checks”). Consultant hereby grants to Avisare the right to conduct a credit check and a criminal background check by registering with the Site upon receiving your explicit electronic consent. Consultant agrees and acknowledges that Avisare reserves the right to distribute resulting information, as set forth in this paragraph, to interested Clients potentially seeking Work from you. For the avoidance of doubt, Avisare is under no obligation to conduct Background Checks on Consultant, but Avisare may conduct a Background Check when a Consultant first registers with the Site or from time to time thereafter as long as Consultant maintains an account with Avisare.
6. DISCLOSURES AND TRANSFERS. Avisare reserves the right to disclose Personal Information from both private and public areas of the Site at our discretion, if required by law or if we are given reason to believe, in our sole discretion, that such disclosure is necessary in order to prevent harm to our Platform or our Users or to protect the rights of our Users, the general public, or Avisare, to comply with a judicial proceeding, court order or legal process. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
7. CLIENT/CONSULTANT COMMUNICATION AND WORK PRODUCT
7.1 Collection Data. As part of the Platform, we may collect information and communication transferred between Client and Consultant, including without limitation the Work Product. Such data may include information input, sent or delivered by the Consultant or Client such as a memo, project details and timeline and responses to queries. Avisare may use this information for statistical analysis, product development, marketing and research. Except as noted above, we do not treat information contained in these communications as Personal Information, but we may use such information in association with Personal Information and we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
7.2 Feedback. We collect feedback from Users about their experience with other Users of the Platform. Please note that any User feedback provided via the Platform will be publicly viewable via the Platform.
8. LOG DATA
8.1 General Usage. When you visit the Site, whether as a registered user or a non-registered user just browsing the Site (a “User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address browser type, browser software version or the web page you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. In addition, we may use third party services such as MixPanel or KISSMetrics that collect, monitor and analyze this type of information in order to increase our Site’s functionality and user-friendliness, to better tailor it to our visitors’ needs, and to detect suspicious activity. These third party service providers have their own privacy policies addressing how they use such information. We do not treat Log Data as Personal Information, but we may use it in association with Personal Information, and we may aggregate, analyze and evaluate such Log Data for the same purposes as stated above regarding other Non-Identifying Information.
8.2 Cookies. Similar to other website, we use “Cookies”, a small data file that we transfer to your computer’s hard disk for record-keeping purposes, to collect information. We use persistent Cookies to save your registration ID and login password for future logins to the Site and to track your compliance with our marketplace policies. We use session ID Cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Users and web traffic routing on the Site. Unlike persistent Cookies, session Cookies are deleted from your computer when you log off from the Site and Platform and then close your browser. You can instruct your browser to stop accepting Cookies or to prompt you before accepting a Cookie from a website by changing your Internet Options. If you do not accept Cookies, however, you may not be able to use all portions of the Site or all functionality of the Platform.
9.1 Encryption. Avisare is very concerned with the security of, and safeguarding, your Personal Information. It is important to note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as a credit card number or social security number) on our registration forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information when it is stored on our systems. When you use the Platform to share Work Product and Personal Information, that Work Product and Personal Information will be made available to the Users with whom you agree to share such information. These Users, and not Avisare, will be responsible for the privacy and security of your Word Product and Personal Information in accordance with the terms of any arrangement, including and without limitation, any non-disclosure agreement entered into with these other Users.
9.2 Phishing. Identity theft and the practice currently known as “Phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not, and will not, at any time, request your bank account information, credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication. We advise you not to respond to, and to promptly report, any email or telephone communication purporting to be from Avisare in which such information is collected. For more information about phishing, visit the Federal Trade Commission’s website.
10. THIRD PARTY WEBSITES. The Site and Platform may contain links to non-Avisare websites that are provided to you as a convenience. Any outside website accessed from the Site is independent from Avisare, and Avisare has no control over the content of such websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. Avisare is not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Avisare websites.
12. USAGE BY MINORS. Avisare is available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can visit the Site only in conjunction with and under the supervision of a parent or legal guardian. In such a case, the adult is the User and is responsible for any and all activities of the minor. We do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files.