PRIVACY POLICY FOR RECRUITMENTMARKETING.COM DBA TALIVITY 

Last updated: September 19th, 2024

Recruitment Marketing, LLC, DBA Talivity (“Company”, “we”, “our”, or “us”) understands that privacy is important to our users. This Privacy Policy describes our practices regarding the collection, use, sharing, and protection of your personal information for: the website located at https://www.talivity.com (the “Website”); our technology platform, including the Talivity Community (the “Community”) and B2B Marketplace (the “Marketplace”); and any other services provided by us or our affiliates which are not covered by a separate privacy policy (the “Services”) (collectively, the “Properties”). This Privacy Policy also tells you about the rights and choices you have with respect to your personal information, how you can assert those rights, and how you can contact us to get answers to your questions.

Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to individuals in those locations, or as required by applicable laws.

For more information about how users with disabilities can access this Privacy Policy in an alternative format, please contact us at info@talivity.com.

BY ACCESSING, USING OUR WEBSITE, OR AFFIRMATIVE ACTIONS (E.G., CHECKING A BOX), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD OUR PRIVACY POLICY, INCLUDING OUR COLLECTION, USE, SALE, AND SHARING OF YOUR PERSONAL DATA. YOUR USE OF THE WEBSITE INCLUDES THE ACCEPTANCE OF COOKIES AND SIMILAR TECHNOLOGIES THAT ARE NECESSARY FOR ITS PROPER FUNCTIONING, AND YOU GRANT CONSENT FOR THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS POLICY. YOU HAVE THE CHOICE TO MANAGE YOUR COOKIES PREFERENCES AND MAY WITHDRAW YOUR CONSENT AT ANY TIME, BUT PLEASE BE AWARE THAT THIS MAY AFFECT THE AVAILABILITY AND FUNCTIONALITY OF OUR SERVICES. FOR DETAILED INFORMATION ON HOW WE PROCESS YOUR DATA, INCLUDING HOW TO WITHDRAW CONSENT, PLEASE REFER TO OUR COMPREHENSIVE PRIVACY POLICY.

BY USING OR ACCESSING THE PROPERTIES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE PROPERTIES OR PROVIDE US WITH ANY PERSONAL INFORMATION.

The following links will take you directly to the corresponding sections of this Privacy Policy:

• What Our Privacy Policy Covers
• Personal Information We Collect from You
• How We Collect Your Personal Information
• How We Use Your Personal Information
• How We Disclose or Share Your Personal Information
• Links to Other Sites and Social Media Services
• Reviews and Other Content Posted on the Properties
• How We Protect Your Personal Information
• Data Retention
• Your Choices
• Nevada Privacy Rights
• Cross-Border Data Transfers
• Children’s Privacy
• Changes to This Policy
• Contacting Us
• California Privacy Rights
• European Privacy Rights

WHAT OUR PRIVACY POLICY COVERS

This privacy policy applies to the personal information that we obtain in various contexts, including when you:

• Access or use our Properties;
• Engage with us on social media;
• Participate in any of our programs or events, including sweepstakes, contests, or surveys; or
• Communicate with us over email or text message, or otherwise via the Properties.

We may provide different or additional privacy notices in connection with updates to the privacy policy, certain activities, programs, and offerings. Additionally, we may provide additional “just-in-time” notices or notices at collection that may supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.

PERSONAL INFORMATION WE COLLECT FROM YOU

We use the term “personal information” – also called “personal data” or “personally identifiable information” in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information. The precise definition of personal information may vary depending on your place of residence, but we take the same general approach to protecting your privacy, subject to any additional measures that may be required by applicable laws.

The following are the categories and types of personal information that we may collect from or about you, depending on how you interact with the Properties:

• Identifiers and contact information, such as your name, email address, phone number, postal address, and login credentials (such as your User ID);
• Professional or employment-related information, such as your company name, LinkedIn bio, and any personal information you submit to us as part of your application to become a contributor (such as links to your writing samples).
• Device and online identifiers and related information, including internet protocol (IP) address, mobile ad identifiers, data collected from cookies, beacons, and pixel tags, and similar unique identifiers;
• Internet or other electronic network activity information, including, but not limited to browsing history, search history, and information regarding your interaction with an internet website, application, mobile app, or advertisement;
• Geolocation or other information that permits us to determine your location;
• Voluntary Sharing: Any other personal information that you voluntarily provide us.

HOW WE COLLECT YOUR PERSONAL INFORMATION

Personal Information You Provide

We collect personal information that you provide to us directly. This may include, but is not limited to:

• Information you provide when you contact us via email, over the Properties, or through other Internet-enabled communications;
• Information you provide when you register to use our Properties, create a profile or account, or subscribe to one of our Services;
• Content that you post to or send to other users via the Properties;
• Your responses to surveys that you choose to complete for us;
• Information you provide when you enter a contest or other promotion sponsored by us;
• Your search queries on the Properties;
• Information you include on your Community directory profile;
• Information you provide when you create an event, group, or project on the Community;
• Information you provide when you request information about third-party solution providers on the Marketplace; and
• Any other information that you provide us on or through the Properties.

Personal Information We Collect Automatically

When you visit our Properties, open or click on emails we send you, or interact with our advertisements, we or third parties we work with may automatically collect certain information using technologies such as cookies and other tracking technologies described below.

• Cookies and Similar Technology

“Cookies” are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, for example, the address of the websites you visited before and after you visited our Properties, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Properties you visited and what links you clicked on, the region where your device is located, and geographic information based on your IP data. We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Properties. We may also use cookies to customize your visit to the Properties and for other purposes to make your visit more convenient or to enable us to enhance the Properties and Services.

• Clickstream Data

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Properties. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Properties, how visitors navigate throughout the Properties, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Properties and our Services.

• Analytics

We may work with third-party vendors who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Properties and other Services. One such provider is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyze how users use the Website. The information generated by these cookies about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

• Social Media Platforms and Third-Party Tools

If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or other third parties (such as Google, Facebook, LinkedIn, Apple, Eventbrite, Zoom, or Microsoft) in connection with our Properties, we may collect information and personal information that you share with us on social media or that such platforms share with us. For example, if you connect to the Website through a social media account, we will receive and store your profile information and contacts. Please review the privacy policies and settings of the social media platforms and third parties that you use for more information about their privacy practices.

• From Other Sources

We may obtain information about you from other sources, such as data analytics providers, marketing or advertising vendors, fraud prevention vendors, vendors that provide other services on our behalf, or publicly available sources.

HOW WE USE YOUR PERSONAL INFORMATION

We may collect and use personal information for the following purposes:

• To communicate with you, which may include: contacting you about and providing you and our clients with our Services; responding to your direct inquiries, requests, issues or feedback, and providing customer service; and adding you to our mailing lists and sending you emails from time to time;
• To provide our products and services, which may include: operating the Properties, and providing you with any specific services that you have requested; creating, maintaining, and otherwise managing your account, profile, or subscription; delivering content and product and service offerings relevant to your interests; and providing a forum for discussion, asking questions, posting photos and reviews, and sharing experiences;
• For marketing and promotional purposes, which may include: marketing Company goods and services or goods and services of those of our affiliates, business partners, and other third parties; providing you advertising for products and services that may be of interest to you; and administering sweepstakes, contests, and other similar promotions;
• For analytics and personalization, which may include: identifying trends and making inferences about you and your interactions with us or our affiliates or our business partners; conducting research and analytics to improve our services and product offerings or those of our affiliates and business partners; understanding how you interact with our Properties, advertisements, and communications with you to determine which of our products or services are the most popular, and to improve Properties and marketing campaigns; personalizing your experience to save you time when you visit our Properties and to customize the marketing and advertising that we show you; better understanding our customers’ needs; and providing personalized recommendations about our products and services;
• For security and fraud prevention, which may include: helping maintain the safety, security, and integrity of our Properties, databases and other technology assets, and business; internal research; technological development and demonstration; and improving, upgrading, or enhancing our Properties; detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity; and investigating suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for our Properties;
• To comply with legal obligations, which may include: compliance with legal or regulatory obligations, establishing or exercising our rights, and to defending against a legal claim; responding to law enforcement requests and as required by applicable law, court order, legal process, or governmental regulation; and acting in connection with a bankruptcy proceeding or the sale, merger, or change of control of the Company or the division responsible for the services with which your information is associated;
• To support core business functions, which may include: maintaining records related to business process management, loss and fraud prevention, and to collect amounts owing to us; and providing and maintaining the functionality of our Properties, including identifying and repairing errors or problems; and
• For any additional purposes that you specifically consent to.

We reserve the right to supplement your personal information with information we gather from other sources which may include online and offline sources. We may collect information that is not personal information (“non-personal information”), including anonymous or aggregate data, or information lawfully made available from federal, state, or local government records. Because non-personal information does not personally identify you, we may collect, use, and disclose such information for any purpose permitted by law. In some instances, we may combine non-personal Information with personal information. If we combine any non-personal information with personal information, the combined information will be treated by us as personal information to the extent that it is capable of personally identifying you. We reserve the right to develop and derive aggregate data (meaning information that relates to a group or category of individuals, from which individual identities have been removed) from personal information in order to enhance and maintain the Properties, and such aggregate data will be treated as non-personal information.

HOW WE DISCLOSE OR SHARE YOUR INFORMATION

In addition to using your personal information ourselves for the reasons stated above (and as otherwise mentioned in this Privacy Policy), you hereby consent that we may disclose your personal information to other affiliates and entities in the following instances:

• Service Providers

We may share your personal information with third-party service providers who may use your information to provide us with services including, but not limited to: website hosting, data analysis, infrastructure provision, information technology services, customer service, email delivery services, payment processing, auditing, and anti-fraud monitoring. These service providers may have access to personal information that is necessary to perform their functions, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.

• Corporate Affiliates

We may share personal information with our corporate affiliates and subsidiaries, who process personal information on our behalf, where necessary to provide a product or service that you have requested, or in other circumstances with your consent or as permitted or required by law.

• Business Partners

We may share your personal information with third parties who partner with us to promote products and services. In particular, when you show interest in certain third-party solutions by interacting and engaging with listings on the Marketplace, we may, at your direction, share your personal information with those third-party vendors. We do not control how these third parties use and share your personal information once they receive it. You will need to contact such third parties directly for information about their privacy practices or to exercise any rights you may have (including if you would like to opt-out of marketing messages).

• Legal Compliance and to Defend Our Rights

We may disclose personal information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms of Service or other terms or codes of conduct; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

• Business Transfers

We may share your personal information and other information with third parties in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of the Company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the assets transferred may include information about the users of our Properties.

• Non-Personal Information

We may share non-personal information with unaffiliated third parties, such as business and advertising partners, manufacturers, distributors, and retailers, to improve and enhance your experience using the Properties, and for our own market research activities. We publicly commit to maintain and use the information in de-identified or aggregate form, and not to attempt to re-identify the information.

Please note that if you specifically consent to additional uses of your personal information, we may use your personal information in a manner consistent with that consent.

LINKS TO OTHER SITES AND INTEGRATION WITH SOCIAL MEDIA SERVICES

We may create links to other websites that we think may be of interest to you, such as providers of various products and services. For example, we may provide links that allow you to send or forward a post from our Properties through or to third-party social media sites, or add events directly to your Google, Apple, or Microsoft calendar. We do not endorse any other websites, providers, or services by providing such links, and this Privacy Policy applies only to your use of our Properties. We are not responsible for the privacy policies of any websites and services we link to on our Properties, and you should read the privacy policies of each site you visit to determine what data that site may collect about you.

The Properties may also integrate with social media services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Properties, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly. You should be aware that any personal information which you voluntarily include and transmit online in a publicly accessible blog, forum, social network, or otherwise may be viewed and used by others. By using such features, you assume the risk that the personal information provided by you may be viewed and used by third parties.

REVIEWS AND OTHER CONTENT POSTED ON THE COMMUNITY

If you leave a review on the Community, or participate on a discussion board, your review(s) or comments will be publicly available on the Community. Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. Please also note that the messages you send or receive using the Properties are only private to the extent that both you and the recipient(s) of your messages keep them private. For example, if you send a message to another user, that user may choose to publicly post it. We may access, review, and disclose such messages in connection with investigations related to use of the Properties, as well as our efforts to improve the Properties.

Submitting content to the Properties is entirely voluntary. By submitting reviews and comments, you grant us an authorization to publicly share them and sub-license the content according to our Terms of Service. This means that we can authorize third-party providers of products and services to share this content through their websites, social media sites, or other marketing materials, such as slide decks or case studies, and allow the operators of other publicly-available websites, social media sites, platforms, or mobile apps to republish this content. If you posted an attributed review under your name, you can change your mind later, and we will anonymize or delete it. However, please understand that we cannot guarantee others did not store or share your personal information prior to the change.

HOW WE PROTECT YOUR PERSONAL INFORMATION

Personal information is maintained on our servers or those of our vendors, and is accessible by authorized employees, independent contractors, representatives, and agents as necessary for the purposes described in this Privacy Policy. We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal information. However, no method of safeguarding information is completely secure, and we cannot guarantee that our safeguards will be effective or sufficient. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us at info@talivity.com.

DATA RETENTION

 We will retain your personal information for as long as your inquiry is active or as needed to provide you with the Properties, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregate data, or any other data that constitutes non-personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

YOUR CHOICES

Consistent with applicable law, you may exercise the choices described in this section regarding your personal information and communications from us. You may also have certain additional rights available depending on laws in your state or country of residence, as described further below in the Privacy Policy.

• Opting Out of Messages or Services

We may send you marketing messages via email or SMS message. If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email or texting the word “STOP” in response to an SMS message), or by sending an unsubscribe request to us at info@talivity.com. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our services may no longer be available to you.

• Cookies and Tracking Technologies

If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Properties or some of its functionality may be affected.

Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. However, please be advised that cookie-based opt-outs are not effective on some mobile services.

Some browsers have a Do Not Track (“DNT”) feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

NEVADA PRIVACY RIGHTS

If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information that we have collected (or may collect) from you to data brokers or other third parties. You can exercise this right by emailing us at info@talivity.com with the subject line “Nevada Do Not Sell Request.”

CROSS-BORDER DATA TRANSFERS

If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States. Please note that personal information transferred to the United States is subject to access by law enforcement.

CHILDREN’S PRIVACY

Our Properties are intended for users ages 18 and over, and we do not knowingly collect personal information from children under the age of 16. When we become aware that personal information (or other information that is protected under applicable law) from a child under 16 has been collected, we will use all reasonable efforts to delete such information from our databases. If you believe we might have any personal information from or about a child under 16, please contact us by using the information in the section below titled Contacting Us.

CHANGES TO THIS POLICY

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time, provided that any such modifications will only be applied prospectively. We encourage you to periodically review the Website for the latest information on our privacy practices. Your continued use of the Properties following the posting of any changes to this Privacy Policy means you accept such changes.

CONTACTING US

If you have any questions about our privacy or security practices, you can contact us at info@talivity.com, or via the following:

Recruitment Marketing LLC, DBA Talivity

ATTN: Business Affairs

230 East Ave suite 101

Norwalk, CT 06855

CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020, provides you with specific rights regarding your personal information. This section describes the rights that California consumers have and explains how to exercise those rights. For the purposes of this section, personal information does not include: (i) information that is lawfully made available from federal, state or local government records; (ii) de-identified or aggregated data; or (iii) information excluded from the scope of the CCPA. To be clear, these rights are granted only to the extent that you are a California consumer and we are acting as a “business” under the CCPA with respect to your personal information. The rights in this section are not intended to grant you additional rights, but only your rights under the CCPA.

Information We Collect; How We Collect It; How We Use It

General information regarding our collection, use, and disclosure of personal information is set forth in the Privacy Policy above. To help consumers make informed privacy decisions, the CCPA defines personal information by discrete categories. Information about our data practices pertaining to these categories of personal information can be found below (some types of personal information may apply to multiple categories).

In the past 12 months, we have collected the following categories of personal information from the sources described in the section of the Privacy Policy above titled How We Collect Your Personal Information. The chart below describes our business or commercial purposes for collecting and disclosing these categories personal information, the parties we have disclosed such information to, and whether we have sold or shared each category of personal information. Depending on your level of interaction with us, we may not have collected your personal information from all of the categories listed below.

Privacy Policy and Terms Table 3.13.24 (Alternate Format)

The categories of personal information described above are retained and stored for as long as reasonably necessary to effectuate the business or commercial purposes described above unless your consent is withdrawn, and otherwise as described in the section of the Privacy Policy above titled Data Retention.

Rights to Your Information

a. Right to Know

As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:

• The categories of personal information we collected about you.
• The categories of sources from which the personal information is collected.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (see Data Portability Rights below).

b. Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

c. Right to Data Portability

You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. The CCPA allows you to request your information from us up to twice during a 12-month period. We will provide our response in a readily usable (and usually electronic) format.

d. Right to Correct

You have the right to request the correction of any personal information we maintain about you.

e, Right to Opt Out of Selling or Sharing Your Personal Information

Although the CCPA provides you with the right to opt out of the sale or sharing of your personal information, we have not sold or shared your personal information within the past 12 months.

f. Right to Limit the Use of Your Sensitive Personal Information

Although the CCPA provides you with the right to limit the use or disclosure of your sensitive personal information (“SPI”) if we are using your SPI beyond what is reasonable and proportionate to provide the requested goods or services, we have not collected SPI within the past 12 months and, as of the date of this Privacy Policy, have no plans to do so.

g. Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights, including but not limited to, by:

• Denying you goods or services.
• Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Providing you a different level or quality of goods or services.
• Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

h. Exercising Your Rights

To exercise the rights described above, please contact us by using the following methods:

• Emailing us at info@talivity.com

After submitting a request, we will take steps to verify your identity in order for us to properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we will ask, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you to also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf.

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, the CCPA allows us up to 90 days to respond. We will still contact you within 45 days from when you contacted us to let you know we need more time to respond.

California “Shine the Light”

In addition to the above rights, under California Civil Code Section 1798.83 (“Shine the Light”), California residents may have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at info@talivity.com. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at info@talivity.com.

EUROPEAN PRIVACY RIGHTS

IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Legal Basis

We will only use your personal data, as that term is defined under the General Data Protection Regulation (“GDPR”), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where you have consented to a certain use of your personal data.
• Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.

Data Controller

Recruitment Marketing, LLC is the data controller of all personal data collected through our Properties. To contact us, please email us at info@talivity.com, or via the following:

Recruitment Marketing, LLC, DBA Talivity

ATTN: Business Affairs

230 East Ave suite 101

Norwalk, CT 06855

If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please contact our privacy manager by using the contact information set forth above.

Provision of personal data and failure to provide personal data

Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

Collection of personal data from third-party sources

We may obtain personal data and other information about you through public sources and through our third-party partners who help us provide our products and services to you.

Withdrawing your consent

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at info@talivity.com.

Data Transfer

We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain vendors, we may use specific contracts approved by the European Commission or the UK Secretary of State which give personal data the same protection it has in Europe. For more information about how we transfer your data, please contact us at info@talivity.com.

Use of your personal data for marketing purposes

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

• Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.

Data Subject Rights

If you are situated in the European Union, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

To exercise your rights under the GDPR, please contact us at info@talivity.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

Talivity.com Terms of Service

Welcome to Recruitment Marketing, LLC, DBA Talivity., the owner and operator of RecruitmentMarketing.com and Talivity.com (“the Site”). These terms of service (“Terms”) serve as an agreement between you and Recruitment Marketing, LLC, DBA Talivity (“We”, “Recruitment Marketing”, “Talivity”, or the “Company”) and governs your access to and use of the Site and Services offered by RecruitmentMarketing.com and Talivity.com (collectively, the “Properties”). Your access to and use of the Properties is conditioned on your acceptance of and compliance with these Terms.

• User Agreement

The following Terms describe the terms and conditions on which we offer you or other authorized individuals (each, a “User”) access to our Properties. Capitalized terms used in these Terms shall have the meanings set forth below under “Definitions” or in the text of these Terms. Our offer to allow you to access and use the Properties is conditioned on your agreement to all of the terms and conditions contained in these Terms, including your compliance with the policies and terms linked to (via URLs or hyperlinks) from this Agreement, such as our Community Code of Conduct, which are incorporated by reference into these Terms. If you do not agree to be bound by these Terms in their entirety, you must cease accessing or otherwise using the Properties in any way. Your use of the Properties constitutes your agreement to these Terms.

We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted or by communicating these changes through any written contact method we have established with you. Your use of the Properties following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Properties upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms and read the messages we send you to inform you of any changes.

1. Accessibility 

If you are having any trouble accessing these Terms or our Properties, please contact us at info@talivity.com, or 267-334-5578 between 10am-5pm EST Monday-Fridays. 

• Definitions

“Company” or “We” shall mean Recruitment Marketing, LLC, DBA Talivity. and/or any of its affiliates, individually and collectively, doing business as RecruitmentMarketing.com, Talivity.com, Talivity, or otherwise.

“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.

“Service” or “Services” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.

“Site” shall mean RecruitmentMarketing.com and/or Talivity.com.

“Content” shall mean each and every item of content or other material (whether comments, ideas, images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a User to the Sites or otherwise integrated into the Sites by a User.

• Our Services:

In addition to our published content on the Site, which enables Users to learn industry best practices, news, and insights, we offer the following Services:

• The Marketplace

The Talivity Marketplace (the “Marketplace”) allows you to search for information about technology products, services, and vendors (“Solutions”). You also can request information about and submit claims for Solutions. When you use the Marketplace, we or our third-party partners may serve you with marketing or advertisements for services based on your browsing activity or stated interest in particular Solutions. Please see the section titled “Advertisements” below for more information.

• The Community

The Talivity Community (the “Community”) is a place for Users to connect with each other, build communities, and network. The Community comprises a suite of online services that allow Users to:

• Connect with other individuals in the recruitment marketing or talent industry, groups, or businesses that the User is interested in.
• Communicate with others by: sharing content such as status updates, photos, and videos; sending private messages; and creating events, groups, or projects.
• Participate in fundraising events organized by Company;
• Share job offers or apply to job offers published on the Site; 
• Stay up to date with industry news and activities.

By accessing and using the Community, you understand and agree to abide by our Code of Conduct, which is incorporated by reference to these Terms. Users can help ensure the safety and integrity of the Community by using our reporting tool, which allows Users to report Content and the actions of other Users that violate the Code of Conduct. Company has no obligation to monitor or moderate Content on the Community. However, Company reserves the right at all times to access, acquire, use, delete, revise, monitor, review, and remove Content on the Community in its sole discretion. Additionally, we reserve the right to suspend and/or permanently deactivate your User Account in our sole discretion. Please see the section titled “Registration” below for information about how to register for a User Account.

5. Using Our Sites, User Conduct, and Your Content:

Eligibility: You may use our Properties only if you can form a binding contract with Recruitment Marketing, LLC, DBA Talivity in compliance with the Agreement. You must be at least 18 years old to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; and (b) your use of the Services is in compliance with any and all applicable laws and regulations. 

User Responsibilities: You are solely responsible for your use of our Properties, for any Content you submit to us, any interactions with other Users, and for any consequences thereof. Content you submit will be viewable by other Users of the Properties and through third party services and websites.

You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights. 

We reserve the right, but are not obligated, to reject and/or remove any Content in our sole discretion, including, but not limited to, violations of these Terms. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Recruitment Marketing, LLC, DBA Talivity shall have no liability for your interactions with other Users, or for any User’s action or inaction.

User Conduct: In exchange for your being able to use the Properties, you agree to be bound by the following obligations:

a) Registration.

Users may register for an account assigned to the User for access to and use of the Community for personal use by talent acquisition professionals and other individual users (“Personal Account”) as well as to claim a Marketplace Solution as an approved vendor (“Vendor Account”) (each, a “User Account”). To establish a User Account, the User must complete a registration process by providing Company with current, complete, and accurate information as prompted by the registration form. Users shall update such information as appropriate. Should Company suspect that any User information is not accurate, current, or complete, Company reserves the right to suspend or terminate the User’s access to and usage of the Community. Each User must choose a personal, non-transferable password. User Accounts cannot be shared or used by more than one individual, and cannot be assigned or otherwise transferred to any other person or entity. User registration is contingent upon meeting the requirements set forth in the Community Code of Conduct.

You may not: Use false information or an account owned or controlled by another person with the intent to mislead other Users maliciously by impersonating that person or for any other reason; use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization or in violation of these Terms; or otherwise submit false or misleading information to the Company.

You must: use reasonable efforts to prevent unauthorized access to or use of your User Account; keep User IDs and all other login information confidential; monitor and control all activity conducted through your User Account in connection with the Community and Marketplace; and promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your User Account, including any loss, theft, or unauthorized disclosure or use of a User ID. You understand and acknowledge you are solely responsible for the security of your User ID and password, and will be solely liable for any use (whether authorized or unauthorized) of your User Account.

b) No Changes to the Software/Prohibited Uses.

You may not and may not allow any third party to:

• modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Properties or any portion of any website on which the Services are offered (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
• use the Properties in any manner that could damage, disable, overburden, or impair the Properties or another User’s use of the Properties;
• remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices”) contained in or on the Properties or any website on which the Services are offered, Company code embeddable or embedded on a third party web site, and/or Company software;
• submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company; or
• use the Properties to violate the security of any computer network or transfer or store illegal material.

c) Usage Rules.

You agree that your use of and conduct on the Properties (including any commenting feature), and your Content shall be lawful and will not:

• violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
• be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
• create User accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
• trick, defraud or mislead the Company or other Users, especially in any attempt to learn sensitive account information such as passwords;
• make improper use of the Company’s support services or submit false reports of abuse or misconduct;
• engage in promoting any pyramid schemes or other multi-tiered marketing schemes or engage in promoting any websites or services that are deemed spam, malware, or contain objectionable material in the Company’s sole discretion;
• create or transmit unwanted electronic communications such as “spam,” to other Users or members of the Properties or otherwise interfere with other Users’ or members’ enjoyment of the Properties;
• disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices;
• copy or adapt the Services’ software including but not limited to PHP, HTML, JavaScript or other code;
• reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Properties;
• except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Properties, or use or launch any unauthorized script or other software;
• cover or obscure any notice, banner, advertisement or other branding on the Properties;
• disguise the source of your Content or other information you submit to the Properties;
• interfere with or circumvent any security feature of the Properties or any feature that restricts or enforces limitations on use of or access to the Properties or Content;

You agree that you shall be responsible for any consequences (including a responsibility to indemnify the Company for damages it may suffer) arising in the event that any use of and conduct on the Properties (including any commenting feature), and your Content:

• includes any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
• includes profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
• defames, libels, ridicules, mocks, disparages, threatens, harasses, intimidates or abuses anyone;
• promotes violence or describes how to perform a violent act;
• reveals any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
• attempts to impersonate any other party;
• or uses tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Site;

The Company does not control or endorse the content, messages or information found in Content or external sites that may be linked to from such Content and, therefore, the Company specifically disclaims any responsibility with regard thereto.

The Properties may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

6. Licensing Agreements

User License: You retain your rights to any Content you submit to or through the Properties. By posting any Content on the Properties, however, you expressly grant, and you represent and warrant that you have all rights necessary to and do grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Properties and Company’s (and its successors, assignees, or affiliates) business, including without limitation for promoting and redistributing part or all of the Properties (and derivative works thereof) in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and noncommercial purposes alike. You also hereby grant each User of the Properties a non-exclusive license to access your Content through the Properties, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Properties and under these Terms. Any material you transmit to the Company or otherwise through the Properties will be treated as non-confidential and non-proprietary.

Such additional uses by Company, or other companies, organizations or individuals who partner with or use the Properties or any Services of Company, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Properties. We may add or insert affiliate and partner code into Content that you submit. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or third party services, and you are responsible for reading and understanding those third party services’ privacy policies.

Site License: Excluding Content provided by Users Company is the owner of (or is otherwise licensed to use) all parts of the Properties, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights (of the United States and foreign countries) contained therein. Some materials on the Properties belong to third parties who have authorized Company to display the materials, such as certain third-party licensors. By using the Properties, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Property. All rights not granted under these Terms are reserved by Company. For the avoidance of doubt, nothing in the Terms gives you a right to use the RecruitmentMarketing.com or Talivity.com name or any of the Recruitment Marketing, LLC, DBA Talivity website names, trademarks, logos, domain names, and other distinctive brand features. 

Subject to your acceptance of these Terms, Company grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Properties for your personal use only and as permitted by the features of the Properties. For Users with Personal Accounts, such license shall be limited to noncommercial (i.e., you may not use the Site to provide or serve or permit others to provide or serve ads or contests or sweepstakes) use only. Users with Vendor Accounts may be subject to a different, negotiated agreement with Company that grants additional licenses not covered under these Terms.

Company reserves the right to terminate your license to use the Properties at any time and for any reason.

Vendor Subscription Levels: Company offers two subscription tiers for Vendor Accounts: a free subscription level (a “Free Vendor Account”); and a paid subscription level (a “Paid Vendor Account”). Vendors with Paid Vendor Accounts may be subject to a different, negotiated agreement with Company covering their access to and use of the Properties. In such case, the terms of that negotiated agreement shall govern the Vendor’s access to and use of the Properties. In the event of a conflict between the terms of that negotiated agreement and these Terms, the negotiated agreement shall be controlling. 

The particular Services made available to each Vendor shall depend on the subscription tier. Free Vendor Accounts may access and use only limited portions of the Properties relative to Paid Vendor Accounts. Likewise, Paid Vendor Accounts may have additional licenses with respect to use of the Properties that are not granted to Free Vendor Accounts. In other words, Free Vendor Accounts may not have full access to all features and functionality of the Properties and may be subject to other limitations as determined from time to time by Company in its sole discretion. Further, Company reserves the right at any time to limit any Services made available free of charge or provide only certain functionality or support with respect to the Services made available free of charge. 

No Ideas Accepted: We do not accept any unsolicited ideas regarding the Properties from outside the Company including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business (collectively, a “Submission”). You understand that your Submission is not provided in confidence and we assume no obligation, expressed or implied, by considering and/or using it. You further hereby irrevocably assign all worldwide rights, now known or hereafter existing, in and to your Submission to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for Company to utilize your Submission, you hereby grant to Company an irrevocable, perpetual, worldwide license to use your Submission, including, without limitation, any and all rights therein, in whole or in part, in any manner, in any media now known or hereafter developed, without compensation, attribution, and/or other benefit of any kind to you.  

7. Privacy

We will collect, use, and share your personal information in accordance with our privacy policy located at https://www.talivity.com (our “Privacy Policy”) which is incorporated into this Agreement by reference. Your acceptance of these terms and conditions means that you have read and agree with the terms of the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the Internet are never completely private or secure, and that messages or information you send to the Properties may be intercepted or read by others.

8. Advertisements

As part of the Service, we may include advertisements and/or content provided by Company and/or a third party, which may be targeted to the Content or information on the Properties, queries made through the Properties, or other information. The types and extent of advertising by Company on the Properties is subject to change. In consideration for Company granting you access to and use of the Properties, you agree that Company and its third-party providers and partners may place such advertising on the Properties or in connection with the display of Content or information from the Properties whether submitted by you or others.

9. Third-Party Links Disclaimer

The Properties may contain links to third-party websites, advertisers, services (such as payment processing), special offers, or other events or activities that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Properties, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly release Company from any and all liability arising from your use of any third-party website, service, or Content. Your dealings with or participation in promotions of advertisers found on the Properties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or entities.

10. Copyright Policy

If we receive notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Site, we reserve the right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Website.

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by U.S. mail) that sets forth the items specified below, using the following contact information:

RECRUITMENT MARKETING LLC, DBA Talivity

ATTN: Legal/DMCA Complaints

230 East Ave

Norwalk, CT 06855

Email: info@talivity.com

Phone: 267-334-5578

To enable us to address your concerns, please provide the following information:

• A statement that you have identified content on the Properties that infringes a copyright you own or the copyright of a third party for whom you are authorized to act.
• A description of the copyrighted work that you claim is being infringed.
• For each allegedly infringing image, video, music, or piece of text that you wish to have removed from the site, provide the exact permanent URL for the page containing the material.
• Provide your full name, mailing address, telephone number, and email address.
• For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image, video, music, or piece of text: Proof of copyright in the image, video, music, or piece of text concerned, namely proof of registration; OR, absent such registration, a detailed description and evidence to support your claim that you own the copyright in the image, video, music, or piece of text. We will not comply with requests to remove an image, video, music, or piece of text where the complainant cannot prove that they own the copyright in the Content in question.
• A statement certifying to your good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
• Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Your electronic or physical signature.

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Properties, and to forward the information in the copyright infringement notice to the User who allegedly provided the infringing content.

11. Termination of Agreement

You may discontinue your use of the Properties at any time without informing us. We may retain and continue to use any Content that you have submitted or uploaded to the Properties, and may continue to process your personal information subject to the provisions set forth in our Privacy Policy.

Company may, without prior notice, change the Properties, stop providing access to the Properties or features of the Properties to you or to Users generally, or create usage limits for the Properties. We may permanently or temporarily terminate or suspend your access to the Properties without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms. In particular, Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement, in accordance with the DMCA and other applicable laws.

Upon termination of your access to or ability to use the Properties, including but not limited to suspension of your account, your right to use or access that Properties and any Content will immediately cease. All provisions of these Terms that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Properties shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Company or any third party.

On termination of your User Account or upon your deletion of particular pieces of your Content from the Properties, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed Content may be available (and stored on our servers) through the accounts of other Users, because of liking. 

12. Indemnity

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Properties, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Properties with your unique username, password or other appropriate security code.

13. Warranty, Disclaimer, and Limitations of Liability

Your access to and use of the Properties or any Content is at your own risk.

THE PROPERTIES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROPERTIES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE PROPERTIES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, OR (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO CONTENT; USER CONTENT, IN PARTICULAR, IS PROVIDED BY AND IS SOLELY THE RESPONSIBILITY OF THE USERS PROVIDING THAT CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE PROPERTIES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Release From Liability: You release, to the fullest extent permitted by law, Company, its affiliated entities, parent companies, subsidiaries, directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) Disputes between Users, including those between you and other Users; (ii) Third party sites and services, including Content found on such sites and services; (iii) Disputes concerning any use of or action taken using your account by you or a third party; (iv) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your account, including unauthorized use or alteration of such communications or your Content.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PROPERTIES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE PROPERTIES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE PROPERTIES.

14. Waiver, Severability, Force Majeure & Entire Agreement

Waiver: The failure of Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Force Majeure: Company will not be responsible for any delay, interruption, or other failure to perform under these Terms due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers and other third parties; explosions and fires; embargoes, strikes and labor disputes; governmental decrees; and any other cause beyond the reasonable control of Company. If at any time continued provision of the Properties would compromise the security of the Properties, without limitation, to hacking attempts, denial of service attacks, mail bombs, or other malicious activities, you agree that Company may temporarily suspend provision of the Properties.

Entire Agreement: These Terms and our Privacy Policy are the entire and exclusive agreement between Company and you regarding use of the Properties (excluding any services for which you have a separate written agreement with Company that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Company and you regarding use of the Properties.

15. Legal Disputes

Applicable Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in these Terms.

Binding Arbitration. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms or a court order, you agree that any claim or dispute that has arisen or may arise between you and Company must be resolved exclusively by a state or federal court located in New York City, New York. You and Company agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.

16. Statute of Limitations.

You and the Company both 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 Properties or Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Notification of Changes to Terms of Service.

Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our Users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the Properties, you agree and accept the changes and agree to the Terms.

18. International Users.

The Properties are based in the United States. The laws of other countries may differ regarding the access and use of the Properties, and Company makes no representations that the Properties are appropriate or available for use in other jurisdictions. Those who access or use the Properties from other countries do so at their own volition and are responsible for compliance with all applicable laws, including, without limitation, export and import regulations of the United States and other countries. 

19. Effective Date.

These Terms of Service are effective June 22nd, 2023 and shall be updated from time to time.

20. Contacting Us.

If you have any questions about this Agreement or the Services, please contact us at info@talivity.com, or send mail to:

RECRUITMENT MARKETING LLC, DBA TALIVITY

ATTN: Business Affairs

230 East Ave

Norwalk, CT 06855

USA