COMPLIANCE

Terms of Service


PositiveRain Terms and Conditions
 

ACCEPTANCE OF TERMS

These terms and conditions (these “Terms”) are a legal contract between both Platform Users and Sponsors and PositiveRain, Inc. (“PositiveRain”, “we” or “us”). The Terms explain how both Platform Users and Sponsors are permitted to use the website located at the url: http://www.PositiveRain.com as well as all associated websites provided by PositiveRain, its subsidiaries and affiliated companies and linked to www.PositiveRain.com (collectively, the “Site”). By using this Site, both Platform Users and Sponsors are agreeing to all the Terms; if both Platform Users and Sponsors do not agree with any of these Terms, do not access or otherwise use this Site, any of the services available through this Site (“Services”) or any information contained on this Site. 

 

CHANGES

PositiveRain may make changes to the Site or Services at any time. PositiveRain may change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on this Site. By continuing to use this Site or any Services after PositiveRain has updated the Terms, both Platform Users and Sponsors are agreeing to all the updated Terms; if both Platform Users and Sponsors do not agree with any of the updated Terms, both Platform Users and Sponsors must stop using the Site and Services. These Terms were last updated on June 4, 2017. 

 

ELIGIBILITY

By using the Site and/or any Services, both Platform Users and Sponsors represent that both Platform Users and Sponsors are 18 years of age or older. If both Platform Users and Sponsors are using this Site or Services on behalf of a company. 

If PositiveRain believes that both Platform Users and Sponsors do not meet any of these requirements PositiveRain may immediately terminate both Platform Users and Sponsors use of the Site and/or Services. 

 

REGISTRATION

In order to use the Services, both Platform Users and Sponsors must have a valid PositiveRain user ID. Both Platform Users and Sponsors are responsible for maintaining the confidentiality of both Platform Users and Sponsors PositiveRain user ID and password, and are fully responsible for all activities that occur under both Platform Users and Sponsors password or account. Both Platform Users and Sponsors agree to (a) immediately notify PositiveRain of any unauthorized use of both Platform Users and Sponsors password or account or any other breach of security, and (b) ensure that both Platform Users and Sponsors exit from both Platform Users and Sponsors account at the end of each session. Both Platform Users and Sponsors understand and agree that PositiveRain cannot and will not be liable or any loss or damage arising from both Platform Users and Sponsors failure to comply with these requirements. 

All the information that both Platform Users and Sponsors provide when registering for an account and otherwise through the Site or Services must be accurate, complete and up to date. 

 

PositiveRain PRIVACY POLICY

Both Platform Users and Sponsors use of the Site and Services and all related data is subject to the PositiveRain Privacy Policy, the terms of which are incorporated into these Terms by reference. 

 

CONTENT AND CONDUCT RULES AND OBLIGATIONS

Both Platform Users and Sponsors understand and agree that all information, data, text, software, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which the content originated. This means that both Platform Users and Sponsors, and not PositiveRain, are entirely responsible for all Content that both Platform Users and Sponsors upload, post, record, transmit, incorporate into advertisements, or otherwise make available via the Services. While PositiveRain monitors and insures integrity of both ads and videos it does not control the Content posted via the Services, and, as such, does not guarantee the accuracy, integrity or quality of such Content. 

Both Platform Users and Sponsors understand and agree that under no circumstances will PositiveRain be liable in any way for Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or distribution of any Content posted, transmitted or otherwise made available via the Services. Both Platform Users and Sponsors acknowledge that PositiveRain may, but has no obligation to pre-screen Content, and shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is made available via the Services. Both Platform Users and Sponsors agree that both Platform Users and Sponsors must evaluate, and bear all risks associated with, the use or distribution of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 

Both Platform Users and Sponsors understand and agree that the technical processing and transmission of the Services, including both Platform Users and Sponsors Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Acceptance of Advocate advertising programs is subject to media inventory availability and PositiveRain is not liable for the failure of inventory but will use its’ commercially reasonable efforts to credit for such failure.


Both Platform Users and Sponsors understand and agree that by using the Services both Platform Users and Sponsors authorize PositiveRain to use information both Platform Users and Sponsors provide to authenticate both Platform Users and Sponsors account (including, without limitation, both Platform Users and Sponsors email address and log-in information) for the purposes of managing both Platform Users and Sponsors video content (including, without limitation, uploading, distributing, editing and removing video content) on both Platform Users and Sponsors behalf and verifying both Platform Users and Sponsors ownership of the account. 

PositiveRain hereby disclaims ownership of the Content both Platform Users and Sponsors transmit to PositiveRain via the Site or Services. By submitting Content to PositiveRain in order to utilize the Services, both Platform Users and Sponsors agree that such Content is provided by both Platform Users and Sponsors on a non-proprietary and non-confidential basis and both Platform Users and Sponsors grant PositiveRain a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of transmitting the Content to the network on both Platform Users and Sponsors behalf and tracking said Content as described above. This license exists only for as long as both Platform Users and Sponsors continue to maintain an account with PositiveRain and shall be terminated at the time both Platform Users and Sponsors account is closed. We agree to use any personally identifiable information contained in any of both Platform Users and Sponsors Content in accordance with the PositiveRain Privacy Policy. 

When using the Site and/or the Services, both Platform Users and Sponsors agree to abide by common standards of etiquette and act in accordance with the law.  For example, both Platform Users and Sponsors agree not to not to:

  • Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, e-mail, phone number, or any other contact information without the consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
  • Harm minors in any way;
  • Upload, post or otherwise transmit any Content that both Platform Users and Sponsors do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
  • Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary rights of any party;
  • Upload, post or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from both Platform Users and Sponsors or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting both Platform Users and Sponsors Content by posting multiple submissions in public forums that are identical. Also defined as “spam” are any videos involving affiliate marketing, network marketing, cash gifting, multi-level marketing, phishing, or any videos that a reasonable person would consider to be a scam or misleading. Further, “spam” can include any content that PositiveRain deems not entertaining or informative;
  • Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  • “Stalk” or otherwise harass another;
  • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; or
  • Offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) both Platform Users and Sponsors do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorization, or (c) PositiveRain determines, in its sole discretion, is inappropriate for sale through the Service provided by PositiveRain.

 

This list of prohibitions provides examples and is not complete or exclusive.  PositiveRain reserves the right to terminate access to both Platform Users and Sponsors account, both Platform Users and Sponsors ability to use the Site and/or Services with or without cause and with or without notice, for any reason or no reason, or for any action that PositiveRain determines is inappropriate or disruptive to the Site or Services, or to any other user of the Site and/or Services. PositiveRain may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at PositiveRain’s discretion, PositiveRain will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, the Services, or on the Internet. 

 

LINKS TO THIRD PARTY SITES

The Site may be linked to other web sites that are not PositiveRain sites (collectively, “Third Party Sites”). Both Platform Users and Sponsors acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than PositiveRain, and both Platform Users and Sponsors further acknowledge and agree that both Platform Users and Sponsors use of such Third Party Sites is governed by the applicable Third Party Web Site privacy policy, terms and conditions and/or user guides. Both Platform Users and Sponsors hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third Party Sites. PositiveRain is providing links to the Third Party Sites to both Platform Users and Sponsors as a convenience, and PositiveRain does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. Unless expressly stated on the Site, links to Third Party Sites should in no way be considered as or interpreted to be PositiveRain’s endorsement of such Third Party Site or any product or service offered through it. 

BOTH Platform Users and Sponsors AGREE THAT PositiveRain WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY SPONSOR WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH BOTH Platform Users and Sponsors USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY SPONSOR. 

 

DIGITAL MILLENNIUM COPYRIGHT ACT

Notices of purported copyright infringement should be directed to the appropriate publisher(s) who is hosting the purported infringing work in accordance with the Terms of Use of the applicable publisher(s), or to the advertiser whose use is of concern. 
 

INTERNATIONAL USE

Both Platform Users and Sponsors agree to comply with all applicable local laws, including but not limited to local rules regarding online conduct and acceptable Content. Specifically, both Platform Users and Sponsors agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which both Platform Users and Sponsors reside. 
 

INDEMNITY

Both Platform Users and Sponsors agree to indemnify, defend, and hold harmless PositiveRain and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, investors, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of both Platform Users and Sponsors Content, both Platform Users and Sponsors use of the Services, both Platform Users and Sponsors violation of these Terms, or both Platform Users and Sponsors violation of any rights of another, whether both Platform Users and Sponsors are a registered user or not. 
 

GENERAL PRACTICES REGARDING USE AND STORAGE

Both Platform Users and Sponsors acknowledge and agree that PositiveRain may establish general practices and limits concerning use of the Services and may modify such practices and limits from time to time. 
 

MODIFICATIONS TO SERVICES

PositiveRain reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any portion thereof) with or without notice at any time. Both Platform Users and Sponsors acknowledge and agree that PositiveRain shall not be liable to both Platform Users and Sponsors or to any third party for any modification, suspension, or discontinuance of the Services. 
 

PROPRIETARY RIGHTS

Both Platform Users and Sponsors acknowledge and agree that the Site, Services, any necessary software provided by PositiveRain for use in connection with the Services (“Software”), all PositiveRain Content contained on the Site and Services, and any analytical data derived from the use of the Software and Services (“Data”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Both Platform Users and Sponsors further acknowledge and agree that PositiveRain retains all right, title and interest in and to the Services, Software, PositiveRain Content and Data and both Platform Users and Sponsors shall not acquire any right, title or interest in or to the Services, Software, PositiveRain Content, Data and any associated intellectual property rights (other than the limited use rights set forth in these Terms). 

Except as expressly authorized in writing by PositiveRain or otherwise permitted herein, both Platform Users and Sponsors agree not to modify, retrieve, save, rent, copy, lease, loan, sell, resell distribute or create derivative works based on the Services, Data, PositiveRain Content or Software, in whole or in part. 

All goodwill arising out of both Platform Users and Sponsors use of any PositiveRain trademarks shall inure solely to the benefit of PositiveRain. 

If both Platform Users and Sponsors send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Services or our Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Both Platform Users and Sponsors hereby assign all right, title, and interest in, and PositiveRain is free to use, without any attribution or compensation to both Platform Users and Sponsors, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Both Platform Users and Sponsors understand and agree that PositiveRain is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and both Platform Users and Sponsors have no right to compel such use, display, reproduction, or distribution. 

 

NO GUARANTEES OF EMPLOYMENT

PositiveRain is not an employment agency.  PositiveRain does not make any representations as to the qualifications of any individual, entity or employer.

Additionally, where an individual, entity, group or employer successfully secures employment as a result of the Services, PositiveRain makes no guarantees or representations as to the satisfaction of such employment.

Additionally, PositiveRain does not guarantee that any individual or entity will find employment or an employee through PositiveRain Services.


DISCLAIMER OF WARRANTIES

BOTH Platform Users and Sponsors EXPRESSLY UNDERSTAND AND AGREE THAT: 

BOTH Platform Users and Sponsors USE OF THE SITE AND SERVICES ARE AT BOTH Platform Users and Sponsors SOLE RISK. THE SITE, SERVICES AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PositiveRain EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

PositiveRain WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE AND SERVICES, HOWEVER, PositiveRain IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION OR CONTENT, INACCURACY OF DATA USED FOR ADVERTISING DECISIONS, RESTRICTION OR LOSS OF ACCESS OR CHANGES TO BOTH Platform Users and Sponsors PositiveRain ACCOUNT, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO BOTH Platform Users and Sponsors SHARING OF ACCESS TO THE SERVICES, OR OTHER INTERACTION WITH THE SITE AND/OR SERVICES. BOTH Platform Users and Sponsors ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP BOTH Platform Users and Sponsors DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. PositiveRain DOES NOT WARRANT THAT (i) THE SITE, SERVICES OR PositiveRain CONTENT WILL MEET BOTH Platform Users and Sponsors SPECIFIC REQUIREMENTS, (ii) THE SITE, SERVICES OR PositiveRain CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY BOTH Platform Users and Sponsors THROUGH THE SITE OR SERVICES WILL MEET BOTH Platform Users and Sponsors EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE, SERVICES OR PositiveRain CONTENT WILL BE CORRECTED. 

WITHOUT LIMITING THE GENERAL DISCLAIMER OF WARRANTIES SET FORTH HEREIN, PositiveRain WILL HAVE NO LIABILITY TO USERS OF THE VIDEO VIEWABILITY DUE TO PROBLEMS WITH OR NON-FUNCTIONALITY OF THIRD PARTY TAGS, DISCREPANCIES BETWEEN PositiveRain’S REPORTING OF IMPRESSION COUNTS AND OTHER RELEVANT ADVERTISING METRICS AND THOSE OF PUBLISHERS OR OTHER THIRD PARTIES, ANY FAILURE OF PositiveRain’S AD SERVING FUNCTIONALITY OR INCORRECT OR UNTIMELY DELIVERY OF ANY AD, OR THE NON-AVAILABILITY OF ANY DATA OR DELAY IN DELIVERING ANY DATA. 
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICES IS DONE AT BOTH Platform Users and Sponsors OWN DISCRETION AND RISK AND BOTH Platform Users and Sponsors ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO BOTH Platform Users and Sponsors COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 
 

LIMITATION OF LIABILITY

BOTH Platform Users and Sponsors EXPRESSLY UNDERSTAND AND AGREE THAT PositiveRain SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES (EVEN IF PositiveRain HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE, SERVICES AND/OR THE PositiveRain CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF BOTH Platform Users and Sponsors TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; (v) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE AND/OR SERVICES OR OTHER PERSONS OR ENTITIES WITH WHOM BOTH Platform Users and Sponsors COMMUNICATE OR INTERACT AS A RESULT OF BOTH Platform Users and Sponsors USE OF THE SITE AND/OR ANY SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE, SERVICES AND/OR PositiveRain CONTENT. 
 

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF DISCLAIMER OR WARRANTIES AND LIMITATION OF LIABILITY SECTIONS MAY NOT APPLY TO BOTH Platform Users and Sponsors. 
 

GENERAL

Both Platform Users and Sponsors acknowledge and agree that notices to both Platform Users and Sponsors from PositiveRain may be made via email, regular mail or through publication on the Site or notification in both Platform Users and Sponsors account interface for the Services. PositiveRain may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to both Platform Users and Sponsors generally through the account interface for the Services. The Terms and the relationship between both Platform Users and Sponsors and PositiveRain shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of PositiveRain to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms, and any addenda, constitute the entire agreement between both Platform Users and Sponsors and PositiveRain and govern both Platform Users and Sponsors use of the Site and Services, superseding any prior agreements between both Platform Users and Sponsors and PositiveRain (including, but not limited to, any prior versions of the Terms). Both Platform Users and Sponsors may also be subject to additional terms and conditions from the various publishers utilized in the performance of the Services. If any provision of the Terms or any other document incorporated in the Terms by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Both Platform Users and Sponsors agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. 
 

PARTNER SITES

By agreeing to these Terms, both Platform Users and Sponsors are agreeing to the respective terms of service or use of all of the partner sites to which both Platform Users and Sponsors deploy videos using the Services. 
 

PRICING, BILLING AND ACCOUNT CREATION

Video Advertising Platform: 

Use of the of the Video Advertising Platform Service requires a PositiveRain platform User account. In order to establish a PositiveRain platform account, Sponsors must contact PositiveRain sales representative or request more information in order to initiate the process of establishing a PositiveRain Sponsor account.  In order to establish a free Advocate or Job Seekers account they may initiate it here unless special services are required. Should the job seeker or advocate require special services they should initiate a Job Seeker/Advocate account and then contact PositiveRain sales representative or request more information.

Use of the Services offering of the Video Platform Service as a Sponsor requires either an insertion order accepted by PositiveRain or a services agreement. Both Platform Users and Sponsors, if applicable, must contact both a PositiveRain sales representative or request more information in order to initiate the process of completing an insertion order or adding services. 

 

CONTACT US

If both Platform Users and Sponsors have any questions about these Terms or otherwise need to contact PositiveRain for any reason, both Platform Users and Sponsors can reach us at legal@positiverain.com.

 

 

PRIVACY

This Privacy and Security Policy is provided for the benefit of customers and clients of PositiveRain, Inc. (“PositiveRain”) as well as other consumers and parties who seek information from or about PositiveRain and/or its website(s), particularly PositiveRain.com (“Website” or “PositiveRain”), and/or applications (“Apps”), communications and services,  (collectively, “PositiveRain Services”).

 

1. INFORMATION COLLECTED AND USED BY THE PositiveRain ADVERTISING PLATFORM

1.1 Definitions.

Across its various policies, applications, and Website, PositiveRain strives to use the same definitions for particular terms. By doing so, PositiveRain seeks to make its policies and governing documents consistent and user-friendly. We do not use those terms because different people can have different interpretations of those terms, and we want to avoid the confusion that can create. We therefore simply do our best to describe the data points we use to deliver our service.

1.2 Our Commitment to Privacy

At PositiveRain, we respect the privacy and the confidentiality of our customers’ information, particularly our customers’ PII (also commonly referred to as personally identifiable information) (“PII”). We are committed to keeping confidential the PII you share with us. This Privacy and Security Policy explains how PositiveRain collects, uses, discloses and protects the information we obtain.

1.3 Applicability of Privacy and Security Policy

Our Privacy and Security Policy applies to all individuals and entities from whom or for the benefit of whom we receive PII, whether it be collected through our corporate owned websites; Apps; traditional mailing and/or faxing channels; telephone or electronic communications; from some other medium; and/or from our clients.

1.4 Website and Apps Not Directed to Minors

The Website is a professional website directed toward individual job seekers, individual consultants, HR departments, advertising sponsors and consultant groups seeking employment references as well as employers (either directly as customers of PositiveRain or through Staffing Customers that use PositiveRain Services) seeking to hire individual job seekers, individual consultants, or consultant groups or consultant groups for employment. As such, an individual must be aged eighteen (18) or over to create an account through the Website. As such, the Website is not directed toward children or minors. This also applies to all PositiveRain Apps.
 

2. PERSONAL INFORMATION COLLECTED AND HOW IT IS USED 

2.1 Personally Identifiable Information or PII is any information that would, by itself, identify you or tend to identify you as a particular individual or entity. This PII may include, but not be limited to, your name, your address, credit card number, bank account information, and/or personal identification number (such as a social security number or driver’s license number).

2.1.1 PII does not include any public information that is readily attainable through federal, state or local public record distribution channels.

2.1.2 PII does not include any information that, by itself, could not identify you as a particular individual or entity.

2.1.3 PII also does not include raw data that becomes aggregated for statistical purposes and cannot, thereafter, be identified with you as a unique individual or entity.

2.1.4 PositiveRain does consider your Internet Protocol (“IP”) address to be PII and will treat it as such.

2.2 Information Collected

2.2.1 PositiveRain collects information that is considered PII and other information that, by itself, would not be considered personally identifiable information (“Non-PII”).

2.2.2 When you create an account and register for any of our PositiveRain Services (whether through a Website, App, or other portal), we collect information submitted by you including, but not limited to, your username, your full name, company name (if applicable), email address, zip code, and primary industry. We use this information to identify our customers and send notifications related to the use of our PositiveRain Services. We reserve the right to request additional information from you.

2.2.3 The Service Information we collect or receive includes Unique identifiers (“UIDs”) that we, a Client or a Partner has associated with a User’s mobile device or other viewing device (such as a set top box or other similar identifier). This includes mobile advertising identifiers such as Apple IDFAs and Android Ad IDs. We or Partners may sometimes tie precise location information to these identifiers, to target ads based on where a User is located. Such as the below:

  • UIDs that we, a Client or a Partner has associated with a User’s browser, through browser “cookies” or similar locally stored objects or code. (i.e “Cookies, Pixel Tags and SDKs” to learn more about cookies and similar technologies [add link for info .)
  • Browser and device information, such as your operating system, browser used, or network provider, along with IP addresses, from which general geographic location may be inferred.
  • Information about websites visited, mobile applications used, and other content that you interact with, which may be tied to a UID and which generally includes the date and time of your visit to a website and your interactions with mobile apps whether you have responded to one of our clients’ ads, and the referring URL or mobile application name.
  • We may use the Service Information to create (or collect from Partners) interest-related data segments (“Data Segments”) associated with UIDs, cookies and/or mobile device advertising IDs. These Data Segments (whether created by us or others) may be based on your inferred interests (for instance, based on the ads you click on or sites and apps you view), or on inferred demographic categories (such age and gender).  For instance, if you visit a lot of job websites, or install job apps, we may associate you (e.g., your devices or browsers) with a Data Segment about ‘Jobs.” Similarly, we sometimes use or work with Platforms that use UIDs or other information derived from information such as email hashes. This information may be associated with cookies and used to target ads to you that are based on “offline” interest-based segments, such as your interests, transactions or demographic information.
  • We may work with Partners that create Data Segments based on precise location data (such as that collected from mobile applications), and share those Data Segments with us.

 

We may combine any or all of the Service Information, for the purposes we describe in this Policy.

 

2.3 Collecting and Using Personally Identifiable Information

2.3.1 PositiveRain will explain how it intends to use PII either before it collects the information (such as in this Privacy and Security Policy) or contemporaneously with the solicitation of such information. Exceptions may exist where the intended use is obvious to a reasonable person.

2.3.2 Generally, PositiveRain collects personal identifiable information when an individual registers with or uses any of the PositiveRain Services. This information typically includes, at a minimum, a full name, username, company name (if applicable), physical address, email address, phone number, cell phone number, zip code, primary industry and any additional information provided by the account holder that could identify that account holder. For persons seeking employment, it should be recognized that a collection of information that would otherwise be considered non-PII could transform into PII (eg employment history, employment position at a company). Consequently, an individual account holder must be aware of making public through any of the PositiveRain Services information that could identify them where they seek to keep private their search for employment or advocate for another seeking employment. The same can be said of consultants, employers and other consumers in certain circumstances.

2.3.3 We will use the PII collected only for the purposes explained to you. Further, we limit the collection of PII to only that information which is necessary for the purposes explained to you.

2.3.4 Generally, we use the PII collected and/or received about you in connection with our Apps, Website, PositiveRain Services, and their various features. We also use information collected and/or received about you in connection with other users and advertisers that purchase ads through the Apps or on the Website.

For example, we may use the information we receive about you (a) as part of our efforts to keep PositiveRain safe and secure; (b) to provide you with location features and services, like telling you how far a job opening is from you or notifying you of jobs that pertain to your qualifications or keywords in your profile or if a job fair is nearby; (c) to measure or understand the effectiveness of ads you and others see; (d) to provide PositiveRain Services; (e) to make suggestions to you and other users on PositiveRain; and (e) provide support.

Granting us this permission not only allows us to provide PositiveRain as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the PII we receive about you in new ways.

We may use your PII to communicate with you for the foregoing and other reasons by email, text message, phone call, or other electronic, written or oral communication method, unless you expressly indicate to PositiveRain not to use a particular method of communication.

While you are allowing us to use the PII we receive about you, you always own all of your information. Your trust is important to us, which is why we don't share PII we receive about you with others unless we have: (a) received your permission; (b) given you notice, such as by telling you about it in this policy; or (c) removed your name or any other PII from it.

Additionally, we may use aggregated information derived from PII to improve the PositiveRain Services and any related matters thereto.

2.3.5 Unless we are required to do so by law, we shall not obtain your consent before collecting PII about you from parties other than PositiveRain. Rather, PositiveRain shall presume that you have previously provided such consent to any such third party from whom PositiveRain obtains such information.

2.3.6 In the normal course of its business operations, PositiveRain restricts the use of your PII to PositiveRain’s personnel and its Strategic Partners.  However, by using PositiveRain Services, you may necessarily disclose PII to potential employers and Staffing Customers when they access your information, profiles, interviews, and other Content.

2.3.7 We shall not sell your PII in the normal course of business operations. Should all or any part of PositiveRain’s business operations be sold, this paragraph shall not restrict the transfer of your PII as part of the Website sold to a third party.

2.3.8 We may also use the PII you provide in registering with and using PositiveRain to inform you by electronic mail, phone, text or other communication method of additional products and services about which you might be interested, which may include our periodic e-newsletters and other promotional communications from PositiveRain.

2.4 Disclosing Personal Information

2.4.1 We do not share PII we obtain from your use of our PositiveRain Services with others except as described in this Privacy Policy and the Terms of Use.

2.4.2 General.

2.4.2.1 PositiveRain may use PII in the normal course of providing the PositiveRain Services; to operate or improve the Apps, Website and/or PositiveRain Services; to outsource certain services to Strategic Partners; to complete a transaction that has been requested; to develop aggregate information; advertise, collect UID and/or as otherwise disclosed to you.

2.4.2.2 PositiveRain may provide PII to other persons where (a) we have your consent; (b) the disclosure is necessary to complete a transaction requested; (c) we have obtained information from a third party (presuming that you have previously provided such consent to any such third party from whom PositiveRain obtains such information); (d) we are required or permitted to do so by law; (e) the Apps, Website and/or PositiveRain Services are used in a manner that violates the Terms of Use or uses for purposes other than those for which they were specifically intended; and/or (f) the terms of this Privacy and Security Policy and/or the Terms of Use otherwise permit and/or provide for such disclosure.

2.4.2.3 In particular, by the very nature of the PositiveRain Services, information submitted by our customers seeking employment or employees will be shared with other customers as applicable to the customers’ particular searches and use of PositiveRain Services.  

2.4.2.4 Additionally, Staffing Customers that use PositiveRain Services may provide their employer customers, Third-Party Customers, information about PositiveRain customers in an effort to match individuals using PositiveRain Services to the needs of their employer Third-Party Customers.  In some cases, Third-Party Customers may not be PositiveRain Customers.  Although PositiveRain requires its Staffing Customers to ensure that their Third-Party Customers agree to terms similar to those of PositiveRain, PositiveRain has no control over the use of customer PII and non-PII by such Third-Party Customers where a Third-Party Customer is not a PositiveRain Customer.

2.4.2.5 In some cases, PositiveRain Customers and/or clients may be able to download your Profile Videos and other public information, and store them on, their computers and servers.  Other PositiveRain Customers and/or clients may also be able to use shared links by which they provide related parties who might not also be PositiveRain Customers access to your content.

2.4.3 Strategic Partners. PositiveRain may employ, engage or retain certain trusted third parties (“Strategic Partners”) to perform functions and/or provide services on its behalf. PositiveRain will share PII with these Strategic Partners only to the extent necessary to perform the functions and/or provide the services for which they have been employed, engaged or retained. PositiveRain shall also secure contractual obligations from our Strategic Partners to maintain the privacy and security of the PII shared with them.

2.4.4 Business Transfers. PositiveRain reserves the right to sell, transfer or otherwise share some or all of its assets, including PII, in connection with a sale of assets; a merger, acquisition, or reorganization; or, filing for bankruptcy. You will have the opportunity to opt out of any such transfer if the planned processing of your information by the purchaser differs materially from that set forth in this Privacy and Security Policy.

2.4.5 Legal Compliance. PositiveRain may disclose any information about you and/or Content created by you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to: (1) comply with an order from a court of competent jurisdiction, regulatory agency, and/or other governmental authority; (2) respond to claims, court orders, or other legal process (including subpoenas); (3) to enforce the terms of this and other PositiveRain agreements as well as to protect the property and rights of PositiveRain, its Strategic Partners or other third parties; (4) to protect, in PositiveRain’s sole discretion, the public or any person from harm; (5) to investigate, prevent, stop, or take other action regarding any action perceived to be fraudulent, illegal, unethical, or legally actionable in PositiveRain’s sole discretion; and/or, generally, (6) to comply with the law.

2.4.6 Notice. Unless restricted from doing so, PositiveRain will attempt to notify you before it releases any of your PII or Content pursuant to (1) and (2) in paragraph 2.4.5 only. In such cases, PositiveRain will also provide you with general information on how you may seek to block such a release of information and/or direct you to resources that can provide such general information. The provision of such general information to you is not and should not be construed as providing you with legal advice. Additionally, PositiveRain is under no other obligation to assist you in challenging or opposing a release of your information

2.5 Non-Personally Identifiable Information

2.5.1 In addition to collecting PII as previously described, PositiveRain also collects other non-PII.

2.5.2 Non-PII collected by PositiveRain may be utilized without restriction.

2.5.3 Although non-PII can be used in a number of ways, you can be assured that the use of the non-PII cannot identify you as a particular individual.

2.5.4 Because non-PII cannot be used to identify you, PositiveRain may in its discretion provide non-PII to other persons or entities.

Information Obtained From Use of PositiveRain’ Websites

2.6. Cookies

2.6.1. Cookies can be defined as bits of data stored on your computer that allow website(s) to identify your browser and session.

2.6.1.2. If you reject all cookies, you may not be able to use the PositiveRain Services or products that require you to “sign in” and you may not be able to take full advantage of all offerings.

2.6.1.3. Most web browsers automatically accept and collect Cookies. However, most browsers also allow you to configure them to accept all cookies, reject all cookies, or notify you when a cookie is set.  Depending upon your web browser’s security settings, you may have the ability to reject all cookies.

2.6.1.4 The PositiveRain Website uses its own cookies for a number of purposes including, but not limited to:

A. Requiring you to re-enter your password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents;

B. Keep track of preferences specified by our users while using the PositiveRain Website;

C. Estimate and report our total audience size and traffic; and,

D. Conduct research to improve the content and services provided on the PositiveRain Website.

2.6.1.5. Many of our Strategic Partners may use Cookies. PositiveRain maintains no control over the use of Cookies by our strategic partners and third-party advertisers. For information on how these third parties utilize Cookies collected, you should examine their respective privacy policies.

2.6.3. Browser and Session Information

PositiveRain may collect information about your browser and session at the Website and/or using the Website Services.

2.6.4. IP Addresses

2.6.4.1. PositiveRain maintains a log of Internet Protocol (IP) addresses when any corporate owned computers, servers, and/or websites (including, the Website) have been accessed. An IP address by itself does not allow us to collect additional PII about you.

2.6.4.2. IP addresses may be used for various purposes, including to:

A. Diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP;

B. Estimate the total number of users visiting a PositiveRain computer, server and/or website from specific geographical regions.

C. Help determine which users have access privileges to certain content, services or resources offered; and,

D. Monitor and prevent fraud and abuse.

2.6.4.3. OTHER THAN YOUR IP ADDRESS, PositiveRain DOES NOT DIRECTLY COLLECT ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU UNLESS YOU VOLUNTARILY PROVIDE US WITH THIS INFORMATION.

2.7 Data Retention

2.7.1. PositiveRain shall use commercially reasonable efforts to maintain storage information subject to the terms of this Privacy and Security Policy and the Terms of Use.

2.7.2. The length of time for which PositiveRain retains PII and other information will vary depending on the nature of the services for which the information has been collected and the nature of the information.

2.7.3. Although this period may extend beyond the end of your relationship with PositiveRain, it will be retained for only so long as necessary for PositiveRain to respond to any issues arising from your relationship with PositiveRain.

2.7.4. When PositiveRain no longer needs or requires your personal information, PositiveRain will destroy, delete, erase or convert information to an anonymous form without notice to you.

2.7.5. Depending on the package of services purchased, PositiveRain may delete information including, but not limited to, stored messages, videos, audio, other content, and records of your account without notice to you. PositiveRain recommends that you back up on your own computer any critical and important information prior to allowing your PositiveRain Services to terminate or expire.

2.7.6. Should your account be terminated, PositiveRain may immediately and permanently delete all stored messages, videos, audio, other content, and records of your account without notice to you.
 

3. CONSENT

3.1. PositiveRain may obtain personal information about you through a variety of sources. For each source or method, the manner of consent may differ.

3.2. In general, PositiveRain operates on an “Opt-out” basis. That is, PositiveRain presumes that by using its Apps, PositiveRain Services, and/or accessing its Website you have read this Privacy and Security Policy and PositiveRain’s Terms of Use. Moreover, by providing the personal information requested (both personally identifiable and non-personally identifiable), you have consented to its use by PositiveRain for the stated purposes.

3.3. For these reasons, unless and until you expressly inform PositiveRain you do not wish your information to be used, PositiveRain shall presume it has your consent.

3.4. Where PositiveRain obtains information about a consumer from its customers or other third parties, PositiveRain presumes that the consumer has previously provided appropriate consent to the party from whom PositiveRain obtains the information. In any case, the consumer can be assured that this Privacy and Security Policy applies to any information obtained from a third party.
 

4. ACCESS

4.1 Subject to certain limitations imposed by applicable privacy laws, you may request that PositiveRain provide you with a copy of your personal information and/or information regarding how we have used that personal information.

4.2 Any requests for access to information should be directed to our Privacy Officer at the contact information provided below.

4.3 We will make every effort to respond to your request in a reasonable timeframe.
 

5. SECURITY

5.1. PositiveRain takes the issue of protecting your anonymity and personal information very seriously. PositiveRain protects the information it obtains about you with appropriate, commercially reasonable safeguards and security measures consistent with standard information practices. These measures include commercially reasonable technical and procedural steps to protect your data from misuse, unauthorized access or disclosure, loss, alteration, or destruction.

5.2 For security purposes, PositiveRain does not disclose all of its security measures. Be assured that PositiveRain does employ commercially reasonable industry standard measures to protect your information.
 

6. DISPUTE RESOLUTION

6.1 Should you have any complaints with respect to our compliance with our Privacy and Security Policy and our Safe Harbor commitments, we encourage you to contact us directly to resolve any such complaints. We value our customers and their privacy. Consequently, we want to hear from you should you have any issues regarding our privacy practices. You may send an email to privacyofficer@PositiveRain.com.

6.2 Should you have any unresolved complaints with respect to our compliance with our Privacy and Security Policy, you may contact JAMS as an independent resource mechanism to hear any such disputes. For such purpose, you may contact JAMS or submit a case online through its website. Please note that using a private mediation service such as JAMS will likely require fees to be paid.
 

7. DISCLAIMER AS TO THIRD-PARTY WEBSITES

Although our corporate owned websites may contain links to other third-party websites and/or may be advertised on such third-party websites, PositiveRain is not responsible for the privacy practices or the content of such websites and specifically disclaims any such responsibility. PositiveRain does not monitor the privacy practices or content of these websites. If you have any questions about the privacy practices of a website other than a PositiveRain owned website, you need to contact the Privacy Officer of the website about which you have a question.
 

8. INCORPORATION OF OTHER APPLICABLE TERMS

Your use of our Apps, Website and PositiveRain Services is subject to this Privacy and Security Policy as well as the Terms of Use, the terms of which are incorporated into this Privacy and Security Policy by reference. You should carefully review the Terms of Use.
 

9. PRIVACY OF CHILDREN

We make it a practice not to knowingly obtain and/or retain information about individuals under the age of eighteen (18). Indeed, no part of PositiveRain Services is directed to anyone under the age of eighteen (18).
 

10. ADDITIONAL INFORMATION

10.1 When you post content on and/or through the PositiveRain Services, you have the ability to post content which may include personally identifiable information or PII about yourself. You are responsible for the information you (a) post online; (b) post through use of the PositiveRain Services; or, (c) share with another website that you link to from our Website. You do so at your own risk. PositiveRain warns you to be careful in posting information accessible to the public.

10.2 If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties or other unwanted and possibly harmful contact. PositiveRain warns you to be careful in posting information accessible to the public.
 

11. CUSTOMER OBLIGATIONS

11.1 By using the PositiveRain Services, you agree to use any information about any other PositiveRain Customer, particularly PII, obtained through PositiveRain Services in a manner consistent with the Terms of Use, this Privacy and Security Policy, and the privacy protections provided for in such policies.
 

12. REVISIONS TO PRIVACY AND SECURITY POLICY

12.1. PositiveRain reserves the right to revise, amend, or modify this Privacy and Security Policy, our Terms of Use, and other online policies and agreements at any time and in any manner.

12.2. PositiveRain shall provide notice of such changes by posting the revised policies to the applicable PositiveRain owned websites and by either (a) providing you a message the next time you login into your account or (b) sending you electronic mail to the email address you provided when creating your account.

12.3. With respect to this Privacy and Security Policy, you should visit our website at PositiveRain.com from time to time to review the then-current terms. At any time, the current-posted policies govern and shall be binding.
 

FOR ADDITIONAL INFORMATION OR QUESTIONS, CONTACT OUR PRIVACY OFFICER

PositiveRain has a designated Privacy Officer. If you have additional questions or concerns regarding how PositiveRain is managing or using your personal information, please send your concerns in writing to our Privacy Officer by e-mail at privacyofficer@PositiveRain.com.