PRIVACY POLICY Effective Date: March 1, 2009.
This website (www.hracuity.net) and the information, contents, and products, including HR Acuity On-Demand (collectively our “Products”) provided on our website (the website and our Products collectively referred to as our “website”) are the sole property of HR Acuity, LLC (referred to as “we”, “us” and “our”). The purpose of this Privacy Policy is to inform you of the types of information that may be gathered about you when you visit this website, how such information may be used, whether such information will be disclosed to anyone, and the choices you have regarding such use of such information. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing this website and our Products. This Privacy Policy does not apply to any other website to which this website is linked and or affiliated.
CONSENT
By accessing or using our website or Products you consent to the collection and use of Information (defined below) by us and the use of such Information as described in this Privacy Policy, as amended from time to time. See "Privacy Policy Changes" below.
INFORMATION YOU GIVE US
Personally Identifiable Information. "Personally Identifiable Information" is information that permits the identification of an individual such as a first and last name; a home or other physical address, including street name and name of city or town; an email address; a telephone number; or a social security number. If any information about an individual or a business, including personal health and medical information, or personal or business information related to an investigation is combined with any Personally Identifiable Information, then such additional information is also considered to be Personally Identifiable Information. You will be required to provide some Personally Identifiable Information when you register to use certain parts of this website and our Products. You are not required to provide any such information, however, your use of our Products may be limited.
The Types of Information We Collect. We collect any information you enter on the website or give us in any other way (such as through an email, survey, or letter). The information that we collect varies depending upon how you use our Products. Our account registration process requires that you provide us with your first and last name, e-mail address, and that you create and provide us with a password. We may also request other information such as your city, state and zip code. This information may be associated with your profile and therefore become Personally Identifiable Information.
Information in Public Areas of the Website. Please keep in mind that whenever you voluntarily provide information in public areas of the website that information can be viewed and possibly used by others. We therefore advise visitors not to disclose information that they do not wish to share in those parts of the website. We cannot control the use of information that you provide in public areas of the website. We are not responsible for any information you choose to submit in these public areas and such information may be freely distributed outside of the Products. We may use content you post to public areas of the website without restriction.
Children. This website is not intended for use by any person under the age of 13. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13 years of age, you may not register with our website or send any information about yourself to us.
AUTOMATIC INFORMATION COLLECTION
Client Information. We may collect information about investigations conducted using our Products on an aggregate basis. For example, we may track the type of investigation (i.e. harassment), the industry or business of users, the length of time an investigation is open, the average number of people interviewed in an investigation, and/or the types of remediation for particular types of investigations. None of this information is Personally Identifiable Information or information that would identify a person or a business.
Cookies. Like many websites, we use "cookies." Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. We use persistent, identifying cookies to remember your information and to link your activities to you. While you can take steps to warn off, block or disable cookies, if you do, the Products may not function and appear as we have designed it. Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your browser. Our cookies do not collect Personally Identifiable Information that you provide to us during the registration process, but they do collect other information such (i) the domain name and host from which you access the Internet and the Internet address of the site from which you direct-linked to ours; (ii) the date and time you access the website and pages you visit; (iii) your computer's IP address and information about its operating system, platform and the web browser type and version you use; (iv) demographic and other non-personally identifiable profile information about you; and (v) information to combat fraud or misuse.
Pixel Tags. In our email to you, we may use "pixel tags" to determine if your email software or service can display html-formatted email (this helps us optimize the size of our email messages and conserve bandwidth).
Collection of Information by Third Parties. We do not provide any Personally Identifiable Information to advertisers, third-party websites, or other businesses, although on occasion we may share non-personally identifiable (e.g., demographic) information about users of our website on an aggregate basis.
USE AND RETENTION OF YOUR INFORMATION
We use your Personally Identifiable Information for purposes such as responding to your requests, monitoring and providing the website or our Products, maintaining your account, enforcing our rights and the rights of third parties, and investigating and ensuring compliance with the Terms and Conditions of Use. We also may use your Personally Identifiable Information to contact you regarding your account, such as to inform you that you have received an email from another user, or to forward user comments to you about the content that you have posted. We may also e-mail newsletters, and similar communications about the website or our Products.
You may modify the types of communications you wish to receive by changing your preferences as part of your profile on the website. In addition, in our marketing or promotional e-mails to you, we will generally include instructions on how to unsubscribe and/or inform us of your preferences if you do not want to receive any marketing or promotional e-mails from us. You agree that we may send you customary business communications such as acceptance/rejection notices regarding content submissions, general system and administrative messages regarding the website or our Products, address confirmations, and transactional information about your account, and you will not have the opportunity to opt-out of receiving such communications so long as you are registered with the website.
We use non-Personally Identifiable Information that you provide to us and that you may enter into the website or any of our Products for purposes such as measuring the number of visitors to sections of our website, and making the website more useful to visitors. We use IP addresses to analyze trends, administer the website, track a user's movement, and gather demographic information for aggregate, non-personally identifiable use. We may also use data that we collect (See Client Information above) on an aggregate basis to benchmark data, for our own marketing or other purposes and we may share this aggregate information with others without your consent or prior notice.
We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. Subject to the express terms of any License Agreement we may enter into with you, and the Terms and Conditions of Use we may dispose of information in our discretion without notice, subject to applicable law that specifically applies to the handling or retention of information. You must keep your own, separate back-up records. You may permanently delete and purge your Personally Identifiable Information from the website or any Product. We make no guarantee that your information will be accessible or retained upon your deletion of information or our termination of your access to the website or any Products.
SHARING OF INFORMATION
We may share aggregate non-Personally Identifiable Information with third parties as described in this Section or if authorized by you. We do not share Personally Identifiable Information. We may contract with affiliated and non-affiliated third parties to provide services to us or to you on our behalf. Examples include providing marketing assistance and customer service, sending e-mails to you, removing repetitive information from customer lists, and analyzing data. These third parties may have access to your Personally Identifiable Information for use solely in connection with these authorized business activities. We contractually require that our operations and maintenance contractors protect the privacy of your Personally Identifiable Information by no means less stringent than those required under this Privacy Policy.
As we develop our business, we might sell or buy businesses or their assets, or engage in acquisitions, mergers, restructurings, changes of control, or similar transactions. In such transactions, customer information generally is one of the transferred business assets, and your Personally Identifiable Information may be subject to such a transfer. Also, in the event of a bankruptcy, customer information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
We may release your Information and other information with our affiliates. Our affiliates are those entities that we control, are controlled by us, or are under common control with us and any joint venture in which any of the controlled entities may participate from time to time. Any use of your information by our affiliates is subject to this Policy or another policy no less protective of your privacy. Conversely, we may obtain information about you from our affiliates or from your visits to other websites that we or our affiliates control.
We may release your Information when we believe release is appropriate to (i) comply with applicable law, and to respond to legal process, including subpoenas, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement; (ii) make disclosures under programs intended to prevent potential crimes or investigate persons; (iii) enforce or apply agreements, including the Terms; or (iv) protect the rights, property, or safety of our users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
CHANGES
In an effort to satisfy the needs of our customers, we are constantly evolving and continuously adding new information, products, services and functionality to this website. In this effort we regularly conduct reviews of our privacy and security policies and procedures, particularly when changes are made to this website. If we change this Privacy Policy those changes will be posted to this Privacy Policy, the homepage, and other places deemed appropriate by us so that you will always know what information is gathered, how it may be used and whether it will be disclosed to anyone. We will use information in accordance with the Privacy Policy under which the information was collected.
If, however, we are going to use Personally Identifiable Information of a user in a manner different from that stated at the time of collection the user will be notified via email. Users will have a choice as to whether or not their information is used in this different manner. However, if users have opted out of all communication with us, or deleted or deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if any material changes are made to our privacy practices that do not affect user information already stored in our database, a notice will be posted prominently on this website notifying users of such change(s). Our Privacy Policy will continue to apply to you and your personal information if you are no longer our customer.
CONFIDENTIALITY
Any information that is collected, tracked or screened by us is our property, subject to and protected by the Electronic Communications Privacy Act. EXCEPT AS PROVIDED IN THIS AGREEMENT, ANY PERSONALLY IDENTIFIABLE INFORMATION POSTED, STORED OR OTHERWISE TRANSMITTED TO NON-PUBLIC PORTIONS OF THE WEBSITE WILL BE TREATED AS CONFIDENTIAL AND PROPRIETARY INFORMATION AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT YOUR EXPRESS WRITTEN CONSENT. However, under certain circumstances we may be required to or we may choose to provide information about you to third parties without your consent, as permitted by law, including, to respond to a subpoena or court order, judicial process or regulatory authorities, to consumer reporting agencies, in connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or an operating unit, and to protect against fraud. See CHANGES above for information on how we intend to provide you notice of such an eventuality. In addition, we may provide information about you to our service providers to help us process your registration or provide services. See USE OF INFORMATION GATHERED above.
NO LIABILITY FOR ACTS OF THIRD PARTIES
Although we will use all reasonable efforts to safeguard the confidentiality of the Information, transmissions made by means of the Internet cannot be made absolutely secure. We shall have no liability for disclosure or access to information due to errors in transmission, unauthorized access, or other acts of third parties, as further described in Terms and Conditions of Use.
LINKS
We may provide links to other websites as part of our services. We do not control these other websites, are not responsible for them, and make no representations as to their information collection practices. We encourage you to review and understand the privacy policies on these websites before providing any information to them. Any complaints regarding this website should be submitted to us at info@hracuity.com. The fact that we provide any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its privacy and or security policies, its owners, or its providers. You agree that under no circumstances will you hold us liable for any loss or damage caused by use of or reliance on the information collection practices of any other website.
SECURITY
Once your information is received, it is stored on a secure server, and access to your data is restricted to you and authorized personnel. We also restrict access to the personal and account information of customers to those employees and third parties who need to know that information in the course of their job responsibilities and as required for us to provide services to customers.
Any information you send us is encrypted by Secure Socket Layers (SSL), which protects information you submit or receive through this website. In addition, any sensitive personal information that you send to our website (such as social security number or mother's maiden name) is held in a secured environment, protected by tools such as firewalls and/or database field encryption. We use firewalls to help limit entry by anyone without proper authorization. A firewall is a security mechanism that (1) regulates the data going in and out of a network, (2) is a commonly used, specialized computer which acts as a shield against data going in or out of a network, and (3) checks to make sure that communications only occur between approved individuals and that the communication is in the proper protocol.
No representation is made, however, regarding the unconditional security of such submissions. We require that your browser support SSL, and does not allow information to be stored on your hard drive unless you specifically download it and save it on your computer. For security reasons, access to this site is limited to SSL-capable browsers. These browsers will activate SSL automatically whenever you sign on to your account. Under no circumstances should you use any software, program, application, or any other device to access or log-in to the website, or to automate the process of obtaining, downloading, transferring, or transmitting any content to or from our computer systems, website, or proprietary software.
Your website username and password are your private entry keys into your account or other member only areas of the website. You should never share it with anyone (even your secretary, paralegal or assistant, for whom we can set up a separate account), and you should change it periodically.
If you are a customer and have a concern about your personal or account information maintained by us, or want to correct, update, or confirm your information, please contact us at info@hracuity.com. You may also change your username, password or other registration information at any time after logging in. If you forget your password, please click on the "I forgot My Password" button on the home page of the website. Then simply follow the instructions to reset your password. After you've finished accessing your account, don't forget to log off. This prevents someone else from accessing your account if you leave your computer and your session hasn't automatically shut down.