We are Newton Software, Inc., an Ohio corporation (“Newton”), the owner and operator of the job-sharing application called the Gravity App (the “Application”) (found at thegravityapp.com; the “Website”). The Application is used by individuals and employers (as applicable, “you”) to share jobs on socials networks, manage employee referral programs, and incent people to share jobs and generate applicants.
Your use of the Application is deemed to be your waiver and consent to this Policy and providing Newton and designated third-parties under this Policy the right to collect, use and disclose your Personal Information (as defined in Section 2.1) subject to the terms and conditions of this Policy. If you do not consent to the terms and conditions of this Policy, you should not use the Application.
2. Personal Information
2.1 Covered Information.
Newton and designated third-parties under this Policy may collect, store and disclose the following forms of information you provide on the Application (collectively, the “Personal Information”): (a) e-mail addresses; (b) employer names; (c) Application sign-on information (i.e., your username and password); (d) device identification information; (e) preferred language and country information; (f) correspondence or communication sent via the Application; (g) job opening postings and candidate vouching information; (h) information on your interactions with Application features or other Application users; (i) job openings that you share to your social networks; and (j) other reasonably relevant information pertaining to your use of the Application including without limitation your Internet protocol addresses, standard web log information and content provided to Newton or their designated third-parties when contacted for assistance.
2.2 Your Informational Obligations.
Newton requires that you only submit information on the Application that is up-to-date and accurate, and that you inform Newton of any changes to such information. You must also assure that such information, whether provided on behalf of yourself or others, is correct and that you have the full authority and right to submit such information to the Application.
3.1 Assigning Cookies when signing in to the Application.
When you sign in through the Application, Newton will assign you a unique identifier and send such information to your computer or device hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamlessly travel across the Application, allowing you to use the Application’s functionality with minimal subsequent registration procedures. Cookies are also used to record you as the source of any candidate or job referrals on the Application.
3.2 Assigning Cookies when applying to a job shared by the Application.
If you apply for a job opening that has been shared through the Application, Newton will assign you a unique identifier and send such information to your computer or device hard drive in the form of a cookie, which is a very small bit of code. This code will correlate your job application to the person that posted such job opening on the Application. It is uniquely yours and does not contain any of your Personal Information.
3.3 Disabling Cookies.
If you do not wish to have cookies on your devices, you may turn them off at anytime by modifying your Internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of Application’s features.
4. Personal Profiles
4.1 Personal Profile Information.
Personal Profile Information. When you register on the Application, Newton uses a third-party provider, Janrain, Inc. (http://janrain.com; “Janrain”), to manage the Application login registration process and create a personal profile for you on the Application (“Personal Profile”) (If you have questions about Janrain’s security and privacy policies, please review Janrain’s here). Each Personal Profile is assigned a unique personal identification number and requires that you choose a username and password to access your Personal Profile on the Application, which helps Newton to ensure that only you can access your Personal Profile and Personal Information on the Application. Because you assist Newton in developing your Personal Profile username and password, you have a significant role in protecting your Personal Profile and Personal Information. No one can access or edit your Personal Profile without knowing your Personal Profile username and password, so do not share these with others.
4.2 Personal Choices.
Newton acknowledges the individual’s right to access their personal data. If you want to review or update your Personal Information, you may do so on the Application by visiting your Personal Profile. Note that if you are a candidate (and not a user of the Application) who would like to access your Personal Information, we may, as a data processor, have to refer you to our client who is the data controller. If you have any questions, please contact us at firstname.lastname@example.org.
4.3 Social Network Profiles.
When you post a job opening on the Application, Newton will request your permission to access your social networks including, without limitation, Facebook, Twitter, Google+ and LinkedIn so that you can share such job openings with your social network connections. Newton will not post any job openings or other content on your social networks, or amend any of your posted job openings or content without your authorization. The Application will also not track any of your social network activity, other than when you specifically use the Application to share job openings on your social networks.
4.4 Vouching Content.
Newton may ask you to vouch for people that have applied to job openings you have shared on the Application. Your employer’s Human Resources team will be responsible for determining who is allowed to view your responses to such vouching requests.
5. Use of Personal Information
Newton uses your Personal Information to: (a) offer the Application’s services or conduct Newton’s business operations; (b) resolve disputes, or troubleshoot problems related to any services or products offered or provided through the Application; (c) encourage safe interactions between Application users; (d) enforce this Policy and others agreements associated with the Application or Website; (e) customize, measure and improve the Application and Website’s user experience; (f) contact you regarding the Application or your inquiries pertaining to the same; and (g) perform other related services for you as described in this Policy.
Pursuant to the California Online Privacy Protection Act, neither Newton nor the Application follow the Do Not Track setting of your web browser.
6. Disclosure of Personal Information
6.1 Purposes for Disclosure.
Newton may disclose your Personal Information: (a) upon your consent; (b) to comply with Newton’s legal obligations under local, state or federal law or to respond to a lawful request by public authorities including to meet law enforcement or national security requirements; (c) to enforce Newton’s rights under this Policy, or any other policies or agreements you may be subject to pertaining to the Application or Website; (d) to respond to claims that your Personal Information or other content or information violates another person or entity’s rights; or (e) to protect any person or entity’s rights, property or safety. We do not sell your Personal Information to third parties for their own marketing uses.
6.2 Parties Receiving Disclosure.
Newton may disclose your Personal Information to: (a) government officials; (b) Newton’s corporate affiliates; (c) Newton’s service providers, such as payment processors and IT consultants, who need such information to provide the relevant services to Newton and who have agreed not to use such information for any other purposes; (d) your employer, solely in regards to the existence of your Application account, information on job openings you share using the Application, your Application account point totals and vouching recommendations pursuant to Section 4.4; and (e) any other parties to whom you permit disclosure, including, without limitation, social network websites. In case of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Newton is potentially liable.
7. Security and Storage of Your Personal Information
The security of your Personal Information is important to Newton. With the exception of Personal Profile login information stored by Janrain, as detailed under Section 4.1, your Personal Information may be stored locally on your device and may be transmitted to servers owned, leased or utilized by Newton in the United States. Newton will only keep your Personal Information for as long as is either required to by law or as is relevant for the purposes for which it is collected. Newton employs generally accepted industry standards to protect your Personal Information. However, as the transmission of information over wireless and wired networks cannot be absolutely secure, Newton does not warrant or guarantee that your Personal Information will remain permanently secure.
8. Third-Party Websites
The Application may contain links to third-party websites that are not owned or controlled by Newton. Newton has no control over, and assumes no responsibility for, any share functionality, content, privacy policies or practices of any third-party website. When using such third-parties websites, you are subject to the terms and policies (including without limitation those related to information security and storage) of those third-party websites when and where applicable. By using the Application, you expressly relieve Newton from any and all liability arising from any share functionality or your use of any third-party website accessed from the Application. Newton encourages you to ask questions before you disclose your personal information to any third-party website or service provider.
9. Privacy Shield (Non-Human Resources Data)
10. Children’s Use of the Application
Newton wants to help guard children’s privacy. Newton encourages parents and guardians to talk to their children about safe and responsible use of personal information on the Internet. The Application does not publish content that is targeted to children, and to ensure the Application’s compliance with the Children’s Online Privacy Protection Act, Newton does not collect any personal identifiable information from any Application user under 13 years of age.
11. Inquiries and Notification
Newton is committed to ensuring that your Personal Information is correct, up-to-date, and as publically available as you wish it be displayed on the Website and Application.
For Non-Human Resources Data from the EU:
In compliance with EU-US Privacy Shield Principles, Newton commits to resolve complaints about your privacy and our collection or use of your Personal Information. If you have inquiries or complaints regarding this Policy or would like to access your Personal Information, you should first contact Newton via: (1) e-mail at email@example.com; or (2) mail to Attn: Privacy Request, Newton Software, 505 Montgomery St., Suite 2300, San Francisco, California 94111.
Newton has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles through the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you are an EU individual and do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
For Human Resources Data from the EU:
EU individuals whose HR data we receive can address questions or comments regarding the handling of that information directly to us at firstname.lastname@example.org. We resolve to deal with all questions regarding this data and potential grievances arising from it in a timely manner. Note that under certain conditions we may, as a data processor, have to refer you to our client who is the data controller.
In the event Newton is unable to accommodate the individual’s request regarding HR data received by us from EU individuals within the context of the work relationship, we further commit to working with the Data Protection Authorities (DPA’s) who cover the jurisdiction the data originated from. For information on how to contact your jurisdiction’s DPA, visit http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index
For California Users:
If you reside in California, you may also be entitled to request a notice describing the categories of Personal Information Newton shares with its partners, corporate affiliates, or other third parties for direct marketing purposes pursuant to Pursuant to California Civil Code sections 1798.83-1798.84. The notice will identify the categories of your Personal Information shared and include a list of names and addresses of third parties to whom Newton has shared your Personal Information. If you reside in California and would like a copy of this notice, please submit a written request specifying your desire to obtain a copy of your notice to: Attn: California Privacy Rights Notice Request, Newton Software, 505 Montgomery St., Suite 2300, San Francisco, California 94111. Please allow 30 days for a response.
FTC Jurisdiction. Newton is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
From time to time, Newton may update this Policy. Newton may post notifications of updates to this Policy on the Website or Application. Changes made to this Policy will take effect immediately. If you do not agree to changes to this Policy, you must discontinue your use of the Application. Your access or use of the Application after such Policy changes constitutes your acceptance of such Policy changes.
You may cancel your Application account at any time by logging in to the Application and clicking the “Cancel Account” link or by contacting email@example.com.
14. Contacting Us
If you have questions regarding this Policy, please contact Newton by email at firstname.lastname@example.org.
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