Acceptable Use Policy

Effective day 1 January 2022

This Acceptable Use Policy applies to empathiHR’s (a) websites (including without limitation www.empathihr.com, and any successor URLS, mobile or localized versions and related domains and subdomains) and (b) services and/or content ((a) and (b) collectively, “Services”). To keep the Services running safely and smoothly, we need our users to agree not to misuse them. Specifically, you agree not to:

  • probe, scan, or test the vulnerability of any system or network used with the Services;

  • tamper with, reverse engineer or hack the Services, circumvent any security or authentication measures of the Services or attempt to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data;

  • modify or disable the Services or use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or related systems, network or data;

  • access or search the Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;

  • overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service as described in its corresponding documentation;

  • solicit any users of our Services for commercial purposes;

  • use the Services to generate or send unsolicited communications, advertising or spam, or otherwise cause empathiHR to become impaired in its ability to send communications on its own or on its customers’ behalf (e.g., by causing empathiHR to become registered on any Email DNS blacklist or otherwise be denied services by any other third party communications service provider);

  • misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with empathiHR or any third party) or access the Services via another user’s account without their permission;

  • use the Services for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws);

  • use the Services to violate the privacy of others, or to collect or gather other users’ personal information (including account information) from our Services;

  • use the Services to stalk, harass, bully or post threats of violence against others;

  • submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes empathiHR’s or a third party’s intellectual property, privacy or other rights or that you don’t have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in empathiHR’s discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) that could otherwise cause damage to empathiHR or any third party;

  • promote or advertise products or services other than your own without appropriate authorization;

  • use meta tags or any other “hidden text” including empathiHR’s or our suppliers’ product names or trademarks; or

  • permit or encourage anyone else to commit any of the actions above.

Without affecting any other remedies available to us, empathiHR may permanently or temporarily terminate or suspend a user’s account or access to the Services without notice or liability if empathiHR (in its sole discretion) determines that a user has violated this Acceptable Use Policy.

empathiHR Cookie Policy

May 18, 2024

This Cookie Policy explains how empathiHR and its affiliates, including without limitation empathiHR LLC (collectively "empathiHR", "we", "us", and "ours"), use cookies and similar technologies to recognize you when you visit our websites, including without limitation www.empathihr.com and any successor URLs, mobile or localized versions and related domains / sub-domains ("Websites") and / or our platform ("Platform"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online platform. Cookies are widely used by online service providers to facilitate and help to make the interaction between users and websites, mobile apps and online platforms faster and easier, as well as to provide reporting information.

Cookies set by the website and/or mobile app and/or platform owner (in this case, empathiHR) are called "first party cookies". Cookies set by parties other than the website and/or mobile app and/or platform owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website and/or mobile app and/or platform (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer or device both when it visits the website and/or mobile app and/or platform in question and also when it visits certain other websites and/or mobile apps and/or platforms.

Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and/or App and/or platform to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites and/or App and/or platform. Third parties serve cookies through our Websites and/or App and/or platform for analytics and other purposes.

Types of cookie

Who serves these cookies

How to refuse

Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.

empathiHR

Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them. You can block or delete them by changing your browser settings however, as described below under the heading "How can I control cookies?".

Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable.

empathiHR

To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"

Analytics and customization cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective are marketing campaigns, or to help us customize our websites for you.

Google Analytics

LinkedIn Analytics

To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"

Alternatively, please click on the relevant opt-out link below:

  • Google Analytics

  • LinkedIn does not appear to provide an opt-out link for its analytics cookies. For more information about such cookies, please see this page.

Terms of Service

Effective day 1 January 2022

THESE TERMS OF SERVICE (ToS) (this “AGREEMENT”) GOVERNS YOUR RIGHT TO USE OF OUR SERVICES.

BY REGISTERING WITH AND USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

This Agreement is effective between You and Us as of the date of You accepting this Agreement.

TABLE OF CONTENTS

  1. DEFINITIONS

  2. RIGHTS GRANTED

  3. USE OF THE SERVICES

  4. FEES AND PAYMENT FOR PURCHASED SERVICES

  5. PROPRIETARY RIGHTS

  6. CONFIDENTIALITY, PRIVACY, AND PUBLICITY

  7. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

  8. INDEMNIFICATION

  9. LIMITATION OF LIABILITY

  10. TERM AND TERMINATION

  11. NOTICES, GOVERNING LAW AND JURISDICTION

  12. GENERAL PROVISIONS

1. DEFINITIONS

1.1 “Acceptable Use Policy” means the acceptable use policy (www.empathihr.com/AcceptableUsePolicy) for the Services available in the Admin Console.

1.2 “Admin Account(s)” means the administrative account(s) We provide to You for the purpose of administering the Services. The use of the Admin Account(s) requires a password.

1.3 “Admin Console” means the online tool that We provide to You for use in reporting and certain other administration functions.

1.4 “Administrators” means Your designated technical personnel who administer the Services to Users on Your behalf.

1.5 “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means possession, directly or indirectly, of the power to direct the management and policies of another, whether through the ownership of voting securities, by contract, or otherwise.

1.6 “High Risk Activities” means uses of the Services in a manner in which the failure of the Services could lead to death, personal injury, or environmental damage.

1.7 “Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

1.8 “Order Form” means the documents for placing orders hereunder, including addenda thereto, that are entered into between You and Us or any of Our Affiliates from time to time, including addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto. Order Forms shall be deemed incorporated herein by reference.

1.9 “Services” means the products, and services that are ordered by You under an Order Form and made available by Us online via the customer login link at http://www.empathihr.com and/or other web pages or applications designated by Us, including associated offline components.

1.10 “Technology” means the software and systems that We use to provide information and content to You as part of the Service. It also includes any and all intellectual property rights that We have in and to that software, information, and content.

1.11 “Third Party Request” means a request from a third party for records relating to an End User’s use of the Services. Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the End User permitting the disclosure.

1.12 “Users” means individuals who are authorized by You to use the Services, for whom subscriptions to a Service have been ordered, and who have been supplied user identifications and passwords by You (or by Us at Your request). Users may include but are not limited to Your employees, consultants, contractors and agents, customers, and third parties with which You transact business.

1.13 “We,” “Us” or “Our” means empathiHR LLC, a Texas limited liability company, also known as empathiHR.

1.14 “You” or “Your” means the company or other legal entity for which you are accepting this Agreement and Affiliates of that company or entity.

1.15 “Your Data” means all electronic data or information submitted by Users of the Services.

2. RIGHTS GRANTED

2.1 Usage Rights. empathiHR agrees to give you, during the Term, a non-exclusive, non-transferable right to use the particular Services described in an applicable Order, solely for your internal business purposes, subject to the terms and conditions of the Agreement. All rights not expressly granted to you in the Agreement are reserved by empathiHR and its licensors. You agree that Your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features.

2.2 Use Restrictions. You will not, directly or indirectly, (1) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or other Technology or Services; (2) modify, copy, reproduce, display to third parties, translate, or create derivative works based on the Services; (3) rent, lease, distribute, sell, resell, assign, or otherwise purport to transfer rights to the Technology or Services; (4) use the Technology or Services for time-sharing or service bureau purposes or otherwise for the benefit of any third party; (5) remove any proprietary notices from the Services; (6) publish or disclose to third parties any evaluation of the Technology or Services without empathiHR’s prior consent; (7) create any link to the Technology or Services or frame or mirror any Content contained on, or accessible from, the Services, without empathiHR’s prior written consent; (8) assert, authorize, assist, or encourage any third party to assert, against empathiHR or any of its affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Technology you have used; or (9) use the Services or the Technology in any manner or for any other purpose other than as expressly permitted by this Agreement.

2.3 Charges. Unless otherwise specified in the applicable Order Form, Services are purchased on the estimated number of employee on a per employee per month basis, with rates varying for annual or monthly agreement terms

2.4 User Accounts. User Accounts are for designated Users only and cannot be shared or used by more than one User.

2.5 Modifications.commercially reasonable changes to the Services from time to time.

3. USE OF THE SERVICES

3.1 Resources. You are responsible for obtaining and maintaining all computer hardware, software, communications equipment, facilities and equipment needed to access the Services, and for paying all third-party access charges (e.g., charges of Internet or telecommunications service providers) incurred in connection with using the Services.

3.2 Customer Responsibilities. You are solely responsible for your actions and the actions of your Users (and any of your other employees or agents) while using the Services and the contents of any Customer Data and other information or materials that may be stored or transmitted through your use of the Services. You agree: (1) to abide by all local, state, national, and international laws and regulations applicable to your use of the Services, including the laws and regulations of any country; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other software code that may damage the operation of the Services or any other computers or facilities; (3) not to interfere with or disrupt networks or facilities used in providing, or that are connected to, the Services; (4) not to post, promote or transmit through the Services any material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (5) not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; (6) not to interfere with any other customer’s use and enjoyment of the Services or any another person or entity’s use and enjoyment of services provided by empathiHR or any third party; and (7) to comply with all regulations, policies and procedures of networks connected to the Services. You acknowledge that the laws and regulations governing the use of the Services may change from time to time. You acknowledge and agree that empathiHR neither endorses the contents of any of its customers’ communications, nor assumes any responsibility for the time, place, manner, or contents of any such communications. You further acknowledge and agree that empathiHR has the right, but not the obligation, to implement mechanisms to screen, monitor, modify, and remove any content posted or stored on the Services or transmitted through the Services, at any time, which violates this Agreement, without notice.

3.3 Availability and Support.

Support Services includes customer support in the form of self-administered help notes at www.empathihr.com/KnowledgeBase. Basic email support through empathiHR’s customer service department is available with the purchase of one or more of empathiHR’s packages of implementation and or training Services. Unintended or improper use of the Service or breach of this Agreement may, at empathiHR’s sole discretion, void your access to customer support. EmpathiHR does not provide support for integrations between the Service and third party applications unless otherwise expressly agreed between the Parties in writing.

We shall: (a) provide Our basic support for the Purchased Services to You at no additional charge, and/or upgraded support if purchased separately, (b) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (1) planned downtime which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday (Pacific Time), or (2) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks, and (c) provide the Services only in accordance with applicable laws and government regulations.

3.4 Your Data and Account Information. You will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Your Data, and We will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data. We shall use reasonable efforts to protect Your Data behind a secure firewall system, to conduct regular data backups, and to store such backups using commercially reasonable measures.

3.5 Your Responsibilities. You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the Acceptable Use Policy (www.empathihr.com/AcceptableUsePolicy) and applicable laws and government regulations.

3.6 Your Administration of the Services. Administrators using the Admin Console who will have the rights to access Admin Account(s) and to administer the User Accounts. You are responsible for: (a) maintaining the confidentiality of the password and Admin Account(s); (b) designating those individuals who are authorized to access the Admin Account(s); and (c) ensuring that all activities that occur in connection with the Admin Account(s) comply with the Agreement. You agree that Our responsibilities do not extend to the management of Your use or administration of the Services.

3.7 End User Consent. Your Administrators may have the ability to access, monitor, use, or disclose data available to Users within the User Accounts. You will obtain and maintain all required consents from Users to allow: (i) Your access, monitoring, use and disclosure of this data and Our providing You with the ability to do so; and (ii) Us to provide the Services.

3.8 Unauthorized Use. You will use commercially reasonable efforts to prevent unauthorized use of the Services’ and to terminate any unauthorized use. You will promptly notify Us of any unauthorized use of, or access to, the Services of which You become aware.

3.9 Third Party Requests. You are responsible for responding to Third Party Requests. We will, to the extent allowed by law and by the terms of the Third Party Request: (a) promptly notify You of Our receipt of a Third Party Request; (b) comply with Your reasonable requests regarding Your efforts to oppose a Third Party Request; and (c) provide You with the information we were provided for You to respond to the Third Party Request. You will first seek to obtain the information required to respond to the Third Party Request on Your own, and will contact Us only if You cannot reasonably obtain such information.

3.10 Usage Limitations. empathiHR reserves the right to establish, and to update and otherwise modify, limitations upon the use of the Services from time to time upon written notice to you. For example, empathiHR may implement limits on disk storage space, on the number of Users accounts, the number of encounters, the number of form types included in the Service, or other information that You are permitted to have through the Services.

4. FEES AND PAYMENT FOR PURCHASED SERVICES

4.1 Fees. You shall pay all fees specified in all Order Forms hereunder for the entire Term of this Agreement. If you receive access to our Services through one of our marketing partners, all payment obligations are the responsibility of that partner, but your access to our Services will still be subject to that third party’s compliance with their agreement with empathiHR. All Fees are referred to and payable in United States Dollars. Except as otherwise specified herein or in an Order Form, (a) fees are based on services purchased, and (b) payment obligations are non-cancelable and fees paid are non-refundable. EmpathiHR reserves the right to modify its Fees and to introduce new Fees at any time, upon at least 30 days prior notice to you.

4.2 Invoicing and Payment. You will have a Billing Period of 12 months unless otherwise stated on the applicable Order. Billing Periods are based on calendar months, ending the last day of the last calendar month of the Billing Period. The applicable license Fees are billed in advance on a pro-rata basis as of the Effective Date through the end of the Billing Period in which the Effective Date falls. Thereafter, all license Fees are billed or invoiced in advance at the commencement of each Billing Period.

Extended support Fees and customization Fees are billed in advance in full. Payment in full for all Fees is due prior to delivery of the Services or other services. You agree to provide and maintain complete and accurate billing and contact information in the Services.

You will provide Us with valid and updated credit card information, banking, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card, or bank account, for all Services listed in the Order Form. Such charges shall be made annually or monthly in advance, or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, or automated clearing house (ACH), We will invoice You in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due net 15 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

In the event your Payment Source is invalid upon payment due date, you will be charged a reprocessing fee of $25.00. and any other fees that may be incurred EmpathiHR is not responsible for any Fees or charges of any nature, including but not limited to overdrawn account, excess limit, banking, or finance Fees or charges, resulting from charges billed by empathiHR.

4.3 Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% per month (compounded daily) of the outstanding balance, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, plus all reasonable costs and expenses incurred (including reasonable attorney Fees) in collecting past due amounts and/or (b) We may condition future subscription renewals and Order Forms on payment terms shorter than those specified in Section 4.2 (Invoicing and Payment).

4.4 Billing Errors. You must contact empathiHR in writing no later than 60 days after the date of the applicable invoice to report a billing error. If an error notice is not received within 60 days of the date of the invoice, you waive any right to an adjustment or credit and agree to pay the amount billed.

4.5 Payment Disputes. We shall not exercise Our rights under Section 4.3 (Overdue Charges) or Section 4.4 (Suspension of Service and Acceleration) if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

4.6 Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against it based on Our income, property and employees.

5. PROPRIETARY RIGHTS

5.1 Intellectual Property Ownership. EmpathiHR (and its licensors, where applicable) will exclusively own all right, title and interest, including all related Intellectual Property Rights, in and to the Services, the Technology (including all video or other content) and any modifications thereto or derivative works thereof. Further, empathiHR will exclusively own any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third party relating to the Services or empathiHR Technology (the “Feedback”). You hereby assign, and agree to assign, any and all right, title, and interest, including all related Intellectual Property Rights, in and to the Feedback and any modifications to, or derivative works of, the Services and the empathiHR Technology. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services or the Technology (including all video or other content). The empathiHR name, the empathiHR logo, and the product names associated with the Services are trademarks of empathiHR or third parties, and no right or license is granted to use them. Other trademarks, logos, and trade names that may appear on the Services are the property of their respective owners. empathiHR reserves to itself all rights in and to the Services and the Technology (including all video or content), and any rights not expressly granted to you in accordance with this Agreement.

5.2 Rights to Your Data. You will retain all ownership of Your Data that you submit to the Services in the course of this Agreement. You, not empathiHR, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership and right to use all Your Data. You will ensure that you and empathiHR have the right to use Your Data as contemplated by this Agreement, and you hereby grant, and agree to grant, empathiHR the right to use all Your Data for the purposes set forth in this Agreement.

EmpathiHR will take commercially reasonable measures to protect Customer Data on the Services. However, empathiHR is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data. Except as permitted in this Agreement, empathiHR will not willfully (1) edit or delete Your Data unless (a) authorized by you, (b) empathiHR is required to do so by law, or (c) in the good faith belief that such action is necessary to: (i) conform with applicable laws or comply with legal process served on empathiHR, (ii) protect and defend the rights or property of empathiHR, or (iii) enforce this Agreement; or (2) disclose Your Data unless (a) authorized by you, (b) empathiHR is required to do so by law, or (c) in the good faith belief that such action is necessary to conform with applicable laws or comply with legal process served on empathiHR.

You grant to empathiHR an irrevocable, non-exclusive, royalty-free, fully paid up, perpetual, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform, and display User statistical information and Your Data such as usage, traffic patterns, or User activities in aggregate form to third parties, but such information will not include information which could be used to identify you or any person. EmpathiHR may access Your Data to service or respond to technical issues with the Services.

5.3 Federal Government End Use Provisions. We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.

6. CONFIDENTIALITY, PRIVACY, AND PUBLICITY

6.1 Confidentiality. “Confidential Information” means any information that relates to the actual or anticipated business, research, or development of empathiHR and any proprietary information, trade secrets, and know how of empathiHR that is disclosed to you by empathiHR, directly or indirectly, in writing, orally, or by inspection or observation of tangible items. Confidential Information includes, but is not limited to, the terms and conditions of this Agreement and all Order Forms, research, product plans, products, prices, content, video content, services, customer lists, development plans, inventions, processes, formulas, technology, designs, drawings, marketing, finances, and other business information, along with information received from third parties for which empathiHR has confidentiality obligations. Neither party shall disclose the terms of this Agreement or any Order Form to any third party without the other party’s prior written consent.

Confidential Information does not include any information that: (1) was publicly known and made generally available in the public domain prior to the time empathiHR disclosed the information to you, (2) became publicly known and made generally available, after disclosure to you by empathiHR, through no wrongful action or inaction of you or others who were under confidentiality obligations, or (3) was in your possession, without confidentiality restrictions, at the time of disclosure by empathiHR, as shown by your files and records. You will not disclose any Confidential Information to any third party or use the Confidential Information for any purpose other than use and receipt of the Services in accordance with this Agreement. You will take all reasonable precautions to prevent any unauthorized disclosure of all Confidential Information.

6.2. Security (1) Privacy Policies. Our Privacy Policy (as published from time to time at www.empathihr.com/PrivacyPolicy) will govern our use and maintenance of the data we collect as part of Your use of the Services, and you agree to abide by it.

(2) Passwords. EmpathiHR will issue to you, or shall authorize a License Administrator to issue, a password for each User authorized to use your account. You and your Users must maintain the confidentiality of all passwords and ensure that each password is used only by the unique authorized User to whom such password is assigned. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify empathiHR of any unauthorized use of your account (including any unauthorized use of any password of any User accessing the Services by means of your account) or any other breach of security known to you. empathiHR will have no liability for any loss or damage arising from your failure to comply with these requirements.

(3) Security. EmpathiHR will maintain the empathiHR Technology used to provide the Services at third party colocation, hosting, and telecommunication facilities, where they are subject to commercially reasonable security precautions to prevent unauthorized access to the Services. You acknowledge that, notwithstanding such security precautions, unauthorized third parties may gain access to the Services and to any or all Your Data. Accordingly, empathiHR cannot and does not guarantee the privacy, security, or integrity of any of Your Data or of any other data transmitted by or through the Services.

6.3 Publicity.R may use your name and logo as part of a list of customers and may refer to you as a user of its Services in its advertising and marketing activities. Each Party shall obtain the other Party’s permission prior to using the other Party’s name, logos, or other trademarks for any other marketing or promotional purposes. The Parties agree that any press release or other public comments issued by either Party relating to this Agreement (including, without limitation, any dispute under this Agreement), or your subscription to or use of the Services, will be prepared jointly between empathiHR and you and will be issued only upon mutual agreement of the Parties.

6.4 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

7. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

7.1 Representations and Warranties. Each party represents that it has full power and authority to enter into the Agreement. Each party warrants that it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable (including applicable security breach notification law).

7.2 Disclaimers. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT (VIDEO OR NON VIDEO). WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE COMPLETE, TIMELY, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ADVICE, INFORMATION OR ACTION FROM EMPATHIHR OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

8. INDEMNIFICATION

You, including any of your parent organizations, subsidiaries, and other affiliates, will indemnify and hold harmless (and, if requested by empathiHR, defend) empathiHR, its parent organizations, subsidiaries, other corporate affiliates, authorized resellers, marketing affiliates, licensees, and licensors, and their respective officers, directors, employees, attorneys and agents, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) your use of the Services; (2) any claim alleging that transmission, storage, or other use of Your Data infringes the rights of, or has caused harm to, a third party; or (3) a claim alleging or based upon any facts that, if true, would constitute a violation by you of any of your covenants, representations, or warranties in this Agreement. If empathiHR requests that you defend empathiHR, empathiHR will (1) give you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release empathiHR of all liability and such settlement does not affect empathiHR’s business, the Services, or any of its other products or services); and (2) provide reasonable information and assistance in connection with the defense and settlement of the claim.

9. LIMITATION OF LIABILITY

9.1 Limitation of Liability. IN NO EVENT WILL EMPATHIHR’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED UPON CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE) SHALL EXCEED THE LESSER OF $250,000 OR THE AMOUNT PAID BY YOU (OR ON YOUR BEHALF) FOR THE SERVICES IN THE 3 MONTHS PRECEDING THE INCIDENT. THE FOREGOING SHALL NOT LIMIT ANY PAYMENT OBLIGATIONS UNDER SECTION 4 (FEES AND PAYMENT FOR PURCHASED SERVICES).

9.2 Exclusion of Consequential and Related Damages. IN NO EVENT WILL EMPATHIHR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF CUSTOMER DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF EMPATHIHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Independent Allocations of Risk. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY EMPATHIHR TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

10. TERM AND TERMINATION

10.1 Term of Agreement. Unless earlier terminated as specified in this Agreement, the initial Term will be 12 months, or as may be otherwise specified on the applicable Order, commencing on the Effective Date and ending on the last day of the last calendar month of the 12 month period, or other period specified on the Order (the “Initial Term”). Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (each, a “Renewal Term”) unless written notice is provided to empathiHR at least 10 days prior to the completion of the Initial Term, or any subsequent Renewal Term, stating the party has elected not to renew the Agreement. The Initial Term and any and all Renewal Term(s), if any, constitute the “Term.”

10.2 Termination or Suspension for Cause. Any breach of your obligations under this Agreement will be deemed a material breach of this Agreement. EmpathiHR, in its sole discretion, may terminate, suspend, or otherwise restrict your password, account or use of the Services if you breach or otherwise fail to comply with any of your covenants, representations, or warranties in this Agreement. Where the breach is for non-payment, you shall have ten (10) days following receipt of written notice by empathiHR to cure the breach for past due amounts owing before empathiHR may terminate the Agreement. Past due invoices are subject to a late fee of $25.00 and finance charges of 1.5% per month (compounded daily) on any balance more than 30 days past due, or the maximum permitted by law, whichever is less, plus all reasonable costs and expenses incurred (including reasonable attorney Fees) in collecting past due amounts. You will continue to be charged during any period of suspension or while your account is otherwise limited or restricted. Upon termination of this Agreement for cause, if you have not paid all Fees for the then-current License Term, you agree to pay the sum of any unbilled Fees from the then-current License Term, in addition to any unpaid balances at the time of termination of this Agreement. EmpathiHR reserves the right to impose a reconnection Fee in the event that your account is suspended. Any fees which are paid in advance will not be refundable in the event that this Agreement is terminated prior to the end of the Term.

A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party ceases its operations or becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors which is not dismissed within ninety (90) days.

10.3 Effect of Termination. Upon request by You made within 30 days after the effective date of termination of this Agreement, We will make available to You for download a file of Your Data in a format of our choosing. After such 30-day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control by removing pointers to it on Our active servers and overwriting it over time.

10.4 Surviving Provisions. Section 4 (Fees and Payment), Section 5 (Proprietary Rights), Section 6 (Confidentiality), Section 7.2 (Disclaimers), Section 8 (Mutual Indemnification), Section 9 (Limitation of Liability), Section 10.3 (Return of Your Data), Section 11 (Notices, Governing Law and Jurisdiction) and Section 12 (General Provisions) shall survive any termination or expiration of this Agreement.

11. NOTICES, GOVERNING LAW AND JURISDICTION

11.1 Manner of Giving Notice. We may give notice by means of a general notice on the Services, email to the e-mail address in Our records for Your account, or by written communication sent by first class mail or pre-paid post to the address in Our records for Your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email) or posting to Services. You may give notice to Us (such notice shall be deemed given when received) at any time by the following: email to the email address of hello@empathiHR.com.

11.2 Agreement to Governing Law and Jurisdiction. This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas.

12. GENERAL PROVISIONS

12.1 Export Compliance. Each Party will comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (1) each Party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (2) you shall not permit any Users to access or use any Services in violation of any U.S. export embargo, prohibition, or restriction.

12.2 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

12.3 Force Majeure. Neither Party will be in default of any obligation under this Agreement (other than payment obligations) to the extent that its failure to perform is caused solely by conditions beyond that Party’s reasonable control, such as acts of God, public health emergency, civil commotion, war, strikes, labor disputes, third party Internet service interruptions or slowdowns, vandalism or “hacker” attacks, acts of terrorism or governmental demands or requirements that prevent or prohibit empathiHR from providing Services.

12.4 No Third-Party Beneficiaries. This Agreement is made for the benefit of empathiHR and you, and not for the benefit of any third parties. No other person or entity will be a third-party beneficiary to this Agreement.

12.5 Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

12.6 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

12.7 Attorney Fees. You shall pay on demand all of Our reasonable attorney fees and other costs incurred by Us to collect any fees or charges due Us under this Agreement following Your breach of Section 4.2 (Invoicing and Payment).

12.8 Injunctive Relief. Actual or threatened breach of Section 2 (License), Section 3 (Use of Services), Section 6 (Proprietary Rights), or Section 7 (Confidentiality, Privacy, and Publicity) may cause immediate, irreparable harm that would be difficult to calculate and could not be remedied by payment of damages alone. Accordingly, empathiHR will be entitled to seek preliminary and permanent injunctive relief and other equitable relief for any such breach.

12.9 Assignment. Neither party may assign or transfer any part of this Agreement without the written consent of the other party, except to an Affiliate, but only if: (a) the assignee agrees in writing to be bound by the terms of this Agreement; and (b) the assigning party remains liable for obligations incurred under the Agreement prior to the assignment. Any other attempt to transfer or assign is void.

12.10 Amendment. We reserve the right to modify the terms and conditions of this Agreement or Our policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute Your consent to such changes.

12.11 Headings. The headings in this Agreement are for reference only and will not limit or otherwise affect the meaning of any provisions of this Agreement.

12.12 Subsequent Agreements. In order to be effective, all terms and conditions of subsequent agreements related to any subject matter in this Agreement must be agreed upon in writing and signed by both Parties.

12.13 Entire Agreement. This Agreement, including all corresponding Orders and exhibits where applicable, contain the entire agreement of the Parties and supersedes any and all prior and contemporaneous agreements with respect to the subject matter hereof, whether orally or in writing. This Agreement supersedes any terms printed on your purchase order or other communications. In the event of any conflict between these Terms of Service and the terms of the Order Form, the terms of the Order Form will govern, but solely to the extent of the conflict.

This document was last updated on January 1, 2022.
empathiHR Terms of Service
Copyright 2020 empathiHR™ - All rights reserved.

Privacy Policy

Effective day 1 January 2022

Introduction

empathiHR, LLC ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website empathihr.com (our "Website", or other empathiHR websites or related services) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.

  • In email, text, and other electronic messages between you and the Website.

  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or

  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website]

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of [13/16]

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any 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 learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at hello@emapthihr.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");

  • That is about you but individually does not identify you, such as company name, job title, etc., and/or

  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.

  • Records and copies of your correspondence (including email addresses), if you contact us.

  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

  • Your search queries on the Website.

  • Any utilization you make, ie which videos you watch, which courses you complete, etc., of the Website.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

  • We also may use these technologies to collect information about your activities, including but not limited to, duration, frequency and over time.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

  • Web Beacons. Pages of our the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.

  • To provide you with information, products, or services that you request from us.

  • To fulfill any other purpose for which you provide it.

  • To provide you with notices about your account.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or any products or services we offer or provide though it.

  • To allow you to participate in interactive features on our Website.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please send an email to hello@empathihr.com. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you 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.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of emapthiHR's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by empathiHR, LLC about our Website users is among the assets transferred.

  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our terms of service http://www.empathihr.com/terms-of-service/ 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 empathiHR, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: hello@empathihr.com

Accessing and Correcting Your Information

To request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use http://www.empathihr.com/terms-of-service/

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit http://www.empathihr.com/california-residents/

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@empathihr.com

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other personal information will be encrypted using SSL, AES-256, or similar modern encryption technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: hello@empathihr.com

California Residents

Effective day 1 January 2022

This Privacy Notice for California Residents supplements the information contained in empathiHR's http://www.empathihr.com/privacy-policy/ and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

The information that we collect may also be subject to other privacy policies, such as the policies of our Customer who use our service to collect employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. To know how those policies may affect you, you should consult with the employer who provided you with access to our Services.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some of its requirements.

Information We Collect

We collect 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.

  • Deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Yes

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, address, telephone number, employment, some personal information included in this category may overlap with other categories.

Yes

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

No

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

No

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

No

F. Internet or other similar network activity.

Search history, information on interaction with our website/service.

Yes

G. Geolocation data.

Physical location or movements.

No

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

No

I. Professional or employment-related information.

Current or past job history or performance evaluations.

No

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

No

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

No

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.

  • Indirectly from you. For example, from observing your actions on our Website.

  • Your employer. For example, when they sign you up for our service.

Use of Personal Information

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

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

  • To provide, support, personalize, and develop our Website, products, and services.

  • To create, maintain, customize, and secure your account with us.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers through our Website, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

  • 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 users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.

  • Data aggregators.

  • Data analytics providers.

  • Internet cookie data recipients, like Google Analytics.

Sales of Personal Information

In the preceding twelve (12) months, Company had not sold personal information:

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

  • sales, identifying the personal information categories that each category of recipient purchased; and

  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. Debug products to identify and repair errors that impair existing intended functionality.

  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  6. 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.

  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. Comply with a legal obligation.

  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer 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.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

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

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. 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 without hindrance.

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.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending an email to: hello@empathihr.com

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by sending an email to: hello@empathihr.com

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@empathihr.com.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which empathiHR collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: hello@empathihr.com