Last Updated: May 14, 2020
Purposes of Processing
What is personal data?
We collect information about you in a range of forms, including personal data.
As used in this Policy, “personal data” is as defined in the General Data
Protection Regulation, this includes any information which, either alone or in
combination with other information we process about you, identifies you as an
individual, including, for example, your name, postal address, email address
and telephone number.
Why do we need your
We will only process your personal data in accordance with applicable data
protection and privacy laws. We need certain personal data in order to provide
you with access to the website. If you registered with us, you will have been
asked to tick to agree to provide this information in order to access our
services, purchase our products, or view our content. This consent provides us
with the legal basis we require under applicable law to process your data. You
maintain the right to withdraw such consent at any time. If you do not agree to
our use of your personal data in line with this Policy, please do not use our
Collecting Your Personal Data
We collect information
about you in the following ways:
Information You Give Us. This includes:
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, (“User Generated Content”). Ratemytalentagent.com may in our sole discretion share your User Generated Content with others such as your agent reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others. This site was designed to keep users anonymous and we will never share your name and email publicly.
Information from Social
website includes interfaces that allow you to connect with social networking
sites (each a “SNS”). If you connect to a SNS through our website, you
authorize us to access, use and store the information that you agreed the SNS
could provide to us based on your settings on that SNS. We will access, use and
store that information in accordance with this Policy. You can revoke our
access to the information you provide in this way at any time by amending the
appropriate settings from within your account settings on the applicable SNS.
We automatically log information about you and your computer or mobile device
when you access our website. For example, when visiting our website, we log
your computer or mobile device operating system name and version, manufacturer
and model, browser type, browser language, screen resolution, the website you
visited before browsing to our website, pages you viewed, how long you spent on
a page, access times and information about your use of and actions on our
website. We collect this information about you using cookies.
Automated Decision Making
We do not use your personal data for the purposes of automated decision-making.
However, we may do so in order to fulfill obligations imposed by law, in which
case we will inform you of any such processing and provide you with an
opportunity to object.
What are cookies?
We may collect information using “cookies.” Cookies are small data files stored
on the hard drive of your computer or mobile device by a website. We may use
both session cookies (which expire once you close your web browser) and
persistent cookies (which stay on your computer or mobile device until you
delete them) to provide you with a more personal and interactive experience on
We use two broad categories
of cookies: (1) first party cookies, served directly by us to your computer or
mobile device, which are used only by us to recognize your computer or mobile
device when it revisits our website; and (2) third party cookies, which are
served by service providers on our website, and can be used by such service
providers to recognize your computer or mobile device when it visits other
Cookies we use
Our website uses the following types of cookies for the purposes set out below:
You can typically remove or reject cookies via your browser settings. In order
to do this, follow the instructions provided by your browser (usually located
within the “settings,” “help” “tools” or “edit” facility). Many browsers are
set to accept cookies until you change your settings.
If you do not accept our
cookies, you may experience some inconvenience in your use of our website. For
example, we may not be able to recognize your computer or mobile device and you
may need to log in every time you visit our website.
We may use other companies
to serve third-party advertisements when you visit and use the website. These
companies may collect and use click stream information, browser type, time and
date, subject of advertisements clicked or scrolled over during your visits to
the website and other websites in order to provide advertisements about goods
and services likely to be of interest to you. These companies typically use
tracking technologies to collect this information. Other companies’ use of
their tracking technologies is subject to their own privacy policies.
We may use your personal
data as follows:
Sharing Your Personal Data
We may share your personal
data as follows:
Our website may contain
links to third party websites and features.This Policy does not
cover the privacy practices of such third parties.These third
parties have their own privacy policies and we do not accept any responsibility
or liability for their websites, features or policies. Please read their
privacy policies before you submit any data to them.
User Generated Content
You may share personal data
with us when you submit user generated content to our website, including via
our rewards program, forums, message boards and blogs on our website. Please
note that any information you post or disclose on our website will become
public information, and will be available to other users of our website and to
the general public. We urge you to be very careful when deciding to disclose
your personal data, or any other information, on our website. Such personal
data and other information will not be private or confidential once it is
published on our website.
If you provide feedback to
us, we may use and disclose such feedback on our website, provided we do not
associate such feedback with your personal data. If you have provided your
consent to do so, we may post your first and last name along with your feedback
on our website. We will collect any information contained in such feedback and
will treat the personal data in it in accordance with this Policy.
International Data Transfer
Your information, including
personal data that we collect from you, may be transferred to, stored at and
processed by us outside the country in which you reside, where data protection
and privacy regulations may not offer the same level of protection as in other
parts of the world. By accepting this Policy, you agree to this transfer,
storing or processing. We will take all steps reasonably necessary to ensure
that your data is treated securely and in accordance with this Policy.
We seek to use reasonable
organizational, technical and administrative measures to protect personal data
within our organization. Unfortunately, no transmission or storage system can
be guaranteed to be completely secure, and transmission of information via the
Internet is not completely secure. If you have reason to believe that your
interaction with us is no longer secure (for example, if you feel that the
security of any account you might have with us has been compromised), please
immediately notify us of the problem by contacting us.
We will only retain your
personal data as long reasonably required for you to use the website until you
close your account/cancel your subscription unless a longer retention period is
required or permitted by law (for example for regulatory purposes).
Our Policy on Children
Our website is/are not
directed to children under 16.If a parent or guardian becomes
aware that his or her child has provided us with information without their
consent, he or she should contact us. We will delete such information from our
files as soon as reasonably practicable.
If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We are committed to resolve
any complaints about our collection or use of your personal data. If you would
like to make a complaint regarding this Policy or our practices in relation to
your personal data, please contact us through the information listed on our
website. We will reply to your complaint as soon as we can and in any event,
within 30 days. We hope to resolve any complaint brought to our attention,
however if you feel that your complaint has not been adequately resolved, you
reserve the right to contact your local data protection supervisory authority
We welcome your comments or
questions about this Policy. You may contact us in writing or through our
Effective as of August 16,
The company respects the
which explains how we collect, use, and disclose information that pertains to
your privacy. When you access or use the Service, you signify your agreement to
REGISTRATION; RULES FOR
USER CONDUCT AND USE OF THE SERVICE
You need to be at least 16
years old to register for and use the Service.
If you are a user who signs
up for the Service, the company will create a personalized account, which
includes a unique username and a password to access the Service and allow you
to receive messages from the Company. You agree to notify us immediately of any
unauthorized use of your password and/or account. The Company will not be
responsible for any liabilities, losses, or damages arising out of the
unauthorized use of your member name, password and/or account.
Your permission to use the
Site is conditioned upon the following Use Restrictions and Conduct
Restrictions: You agree that you will not under any circumstances:
POSTING AND CONDUCT
When you create your own
personalized account, you may be able to provide (“User Content”).
You are solely responsible for the User Content that you post, upload, link to
or otherwise make available via the Service. You agree that we are only acting
as a passive conduit for your online distribution and publication of your User
Content. The Company, however, reserves the right to remove any User Content
from the Service at its discretion.
The following rules pertain
to User Content. By transmitting and submitting any User Content while using
the Service, you agree as follows:
You understand and agree
that any liability, loss or damage that occurs as a result of the use of any
User Content that you make available or access through your use of the Service
is solely your responsibility. The Company is not responsible for any public
display or misuse of your User Content. The Company does not, and cannot,
pre-screen or monitor all User Content. However, at our discretion, we, or the
technology we employ, may monitor and/or record your interactions with the
ONLINE CONTENT DISCLAIMER
statements, offers, or other information or content made available through the
Service, but not directly by the Company, are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely
responsible for such content. The Company does not guarantee the accuracy,
completeness, or usefulness of any information on the Service and neither does
the Company adopt nor endorse, nor is the Company responsible for the accuracy
or reliability of any opinion, advice, or statement made by parties other than
the Company. The Company takes no responsibility and assumes no liability for
any User Content that you or any other user or third party posts or sends over
the Service. Under no circumstances will the Company be responsible for any
loss or damage resulting from anyone’s reliance on information or other content
posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR
As part of the Service, the
Company may provide you with convenient links to third party web site(s)
(“Third Party Sites”) as well as content or items belonging to or
originating from third parties (the”Third Party Applications, Software or
Content”). These links are provided as a courtesy to Service subscribers.
The Company has no control over Third Party Sites and Third Party Applications,
Software or Content or the promotions, materials, information, goods or
services available on these Third Party Sites or Third Party Applications,
Software or Content. Such Third Party Sites and Third Party Applications,
Software or Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by the Company, and the Company is not
responsible for any Third Party Sites accessed through the Site or any Third
Party Applications, Software or Content posted on, available through or
installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by the Company. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party
Applications, Software or Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site or relating to any applications
you use or install from the site.
COPYRIGHT COMPLAINTS AND
(a) Termination of Repeat
Infringe Accounts. The Company respects the intellectual property rights of
others and requests that the users do the same. The Company has adopted and
implemented a policy that provides for the termination in appropriate
circumstances of users of the Service who are repeat infringers The Company may
terminate access for participants or users who are found repeatedly to provide
or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If
you are a copyright owner or an agent thereof and believe, in good faith, that
any materials provided on the Service infringe upon your copyrights, you may
submit a notification pursuant by sending the following information in writing
to the Company’s designated copyright agent at RateMyTalentAgent.com:
(c) Counter-Notices. If you
believe that your User Content that has been removed from the Site is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the law, to post and use the content in
your User Content, you may send a counter-notice containing the following
information to our copyright agent using the contact information set forth
If a counter-notice is
received by the Company copyright agent, the Company may send a copy of the
counter-notice to the original complaining party informing such person that it
may reinstate the removed content in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider,
member or user, the removed content may (in the Company’s discretion) be
reinstated on the Site in 10 to 14 business days or more after receipt of the
By posting any User Content
via the Service, you expressly grant, and you represent and warrant that you
have a right to grant, to the Company a royalty-free, sub licensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit, translate,
distribute, publicly perform, publicly display, and make derivative works of
all such User Content and your name, voice, and/or likeness as contained in
your User Content, if applicable, in whole or impart, and in any form, media or
technology, whether now known or hereafter developed, for use in connection
with the Service.
You acknowledge and agree
that we and our licensors retain ownership of all intellectual property rights
of any kind related to the Service, including applicable copyrights, trademarks
and other proprietary rights. Other product and business names that are
mentioned on the Service may be trademarks of their respective owners. We
reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO
Communications made through
the Service’s e-mail and messaging system, will not constitute legal notice to
the Company or any of its officers, employees, agents or representatives in any
situation where notice to the Company is required by contract or any law or
USER CONSENT TO RECEIVE
COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes,
you (a) consent to receive communications from the Company in an electronic
form via the email address you have submitted; and (b) agree that all Terms of
Use, agreements, notices, disclosures, and other communications that the
Company provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were in writing. The foregoing does not
affect your non-waivable rights.
We may also use your email
address, to send you other messages, including information about the Company
and special offers. You may opt out of such email by changing your account
settings or sending an email to RateMyTalentAgent.com.
Opting out may prevent you
from receiving messages regarding the Company or Special Offers.
THE SERVICE, IS PROVIDED
“AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY
AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO
WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR
OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT
PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES;
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR
EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF
PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE,
DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE
THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE
SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER
USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS
LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT
APPLY TO YOU.
If you have a dispute with
one or more users or a merchant of a product or service that you review using
the Service, you release us (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes.
MODIFICATION OF TERMS OF
We can amend these Terms of
amendments. It is your sole responsibility to check the Site from time to time
to view any such changes in the Agreement. If you continue to use the Site, you
notify you of material changes to the terms by posting a notice on our homepage
and/or sending an email to the email address you provided to us upon
registration. For this additional reason, you should keep your contact and
profile information current. Any changes to these Terms or waiver of the
Company’s rights hereunder shall not be valid or effective except in a written
agreement bearing the physical signature of an officer of the Company. No
purported waiver or modification of this Agreement by the Company via
telephonic or email communications shall be valid.
If any part of this
Agreement is held invalid or unenforceable, that portion of the Agreement will
be construed consistent with applicable law. The remaining portions will remain
in full force and effect. Any failure on the part of the Company to enforce any
provision of this Agreement will not be considered a waiver of our right to
enforce such provision. Our rights under this Agreement will survive any
termination of this Agreement.
You agree that any cause of
action related to or arising out of your relationship with the Company must
commence within ONE year after the cause of action accrues. Otherwise, such
cause of action is permanently barred.
use of the Site are governed by the laws of North Carolina, without regard to
conflict of law provisions.
The Company may assign or
or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under the Terms of
unauthorized assignment and delegation by you is void.
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