We live in a complicated world.
Al Horne MBA Ph.D
Founder / CEO @ The APC Group | Business Consulting / Strategic Partnerships / Co - Ventures / Capital Acquisition
We live in a complicated world.
This is what I agreed to so I could participate in the KMPG MBO Consulting program.
This is not a 65 minute read as LinkedIn has described.
You will not need to read the article in detail. It is here to give you an example of what most of us have to agree to in order to work with a large bureaucratic organization or for that matter even to use a website when we agree to a EULA. End User Licensing Agreement.
I will be doing a newsletter twice a month here on LinkedIn.
Let me know if you are interested in reading the Newsletter and I will send you a link to subscribe.
Your feedback and comments are welcome.
Here is the KMPG MBO Consulting Agreement
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Privacy policy
I. Your Privacy is Important to Us
MBO Partners? makes it easier for self-employed professionals and their clients to work together. A key part of that is to protect your privacy.
We respect your privacy.
This Privacy Policy describes how we collect, use, disclose and protect the personal information we process in connection with our Services and Websites. You acknowledge that you understand that we may use your personal information as described in this Privacy Policy and/or as otherwise described in any supplemental notice we provide to you about our collection, use, disclosure and protection of your personal information.
Supplemental Information
We will generally collect, use, share and protect your personal information as described in this Privacy Policy. However, in some circumstances, we may provide you with supplemental information about our use of your personal information and/or, if applicable, we will obtain additional consent from you to use your personal information beyond what is described in this Privacy Policy. We may provide this supplemental information and/or obtain this consent through our Websites or via direct communications with you. Unless we tell you otherwise, the additional information and/or consent will apply in addition to what is described in this Privacy Policy.
In addition, if our contract with you includes supplemental information about privacy practices that are different from those contained in this Privacy Policy, the privacy practices set forth in the contract will apply.
Supplemental Information by Location
If you are located in one of the following areas, please click the applicable link for additional privacy terms and other disclosures applicable to our use of your personal information:
II. What is Personal Information?
When we refer to “personal information,” we are referring to information relating to you. This may include your name, contact information, an online identifier, identification number, address, email address, Taxpayer Identification Number, demographic and historical information, photograph or other digital media, or other information that can be used to identify you or be linked with you as an individual.
Personal information does not include deidentified or aggregated information that cannot be linked to you.
III. Introduction and Key Terms
We provide information and services to independent professionals and their clients. In order to provide our Services and to operate our Websites, we collect personal information. This Privacy Policy describes when we collect, how we use and protect your personal information, and when we share or disclose this information.
By using our Services or Websites, sharing your information with us or otherwise making your personal information available to us, you acknowledge that you understand that we may use your personal information as described in this Privacy Policy and/or as otherwise described in any other applicable notice we provide to you about our collection, use, disclosure and protection of your personal information.
Visitors
Visitors are individuals who visit our Websites, download resources, register for events, request information, or request to be contacted, but do not sign a contract with us.
Employees and Contractors
Contractors are individuals who operate as independent professionals or small independent businesses (sometimes referred to as consultants, independent contractors, ICs, freelancers, or contingent workers) and who take steps to enroll with us and sign a contract (a General Service Agreement or Independent Contractor Agreement). A Contractor may be an employee or independent contractor and includes applicants who seek to be an employee or independent contractor.
Employees are individuals employed by MBO and includes applicants who seek to be employees of MBO. If our internal policies, procedures and other documents applicable to employment are different from those contained in this Privacy Policy, the privacy practices set forth in such internal policies, procedures and other documents will apply to our collection, use, disclosure and protection of the personal information associated with our Employees.
Clients
Clients are the organizations for whom our Contractors perform their services or for whom MBO provides Services.
In this Privacy Policy, the term Client refers to a Client’s employees, agents, representatives and other individuals that interact with us on behalf of a Client where appropriate.
Services
We help our Contractors by processing invoices and payroll, administering payroll taxes and benefits, giving access to various helpful tools, providing information about products and services useful to independent professionals, and other related services. We may also help Contractors set up a business entity or qualify as an independent contractor. We provide business management software, marketplaces for independent professionals and projects, and other related tools.
For Visitors, we provide educational materials, information on products and services, invitations to events, and opportunities to speak to a staff member and other related services.
Our services to our Clients include comprehensive management of their independent workforces, payroll processing, risk management (as it relates to independent workers), guidance on how to better use independent workers, and other related services. We provide marketplaces to assist Clients in finding independent professionals for their projects, and other related tools.
We provide services through our Websites and our interactions with you.
In this Privacy Policy, all of these, as well as all interactions or engagements arising from or related to the Services or when you otherwise engage with us, are collectively referred to as Services.
Websites
When we talk about our Websites (collectively, our “Websites”), we are referring to websites owned and operated by MBO Partners, which include?www.mbopartners.com?and?www.mindsumo.com, as well as any other website we operate that links to this Privacy Policy, along with the Services, features, functionalities, browser extensions and other services available through our websites and their sub-domains.
IV. What Personal Information Do We Collect?
We collect personal information related to the information or Services, you wish to receive. The personal information we may collect may be different depending on whether you are a Visitor, Contractor or Client.
Visitors
We may collect identifying information, including your first name, last name, email address, phone number, company name, and/or project information if you inquire about our Services, download guides, request content, request email updates, or participate in a marketing promotion, contest, or event. We may collect information on your interaction with our Websites.
Employees and Contractors
If you are an Employee or Contractor, and/or intend to sign a contract with us, we collect more personal information to enable us to provide additional Services and information. We may collect some or all of the following or similar information:
A. Identifying Information
B. Categories of Personal Information protected by law
C. Commercial Information
D. Biometric Information
E. Activity on our Websites
F. Geolocation data or other similar information
G. Audio, electronic, visual, thermal, olfactory or similar information
H. Professional or Employment Related Information or other similar information
I. Education Information
Clients
We collect information related to our relationship with you. We collect identifying information, including your first name, last name, email address, telephone numbers, company name, physical address, information that you may require on invoices that are sent to you, and/or other similar information. We may also collect information on your interactions with us and/or with our Websites.
V. How Do We Collect Your Personal Information?
We collect personal information from you online, through email, through face to face interactions, over the phone directly from you, when you visit our Websites, when you use our Services, through technology, or from other sources.
You give us your information.
As a Visitor, you may browse our Websites to find out more about our Services. You are not required to give us any personal information to browse our Websites, though we may automatically collect information about you as described in this Privacy Policy (see?“When you visit our Websites, we collect other information”?below). You only provide information to us when you complete a form on our Websites.
If you intend to enroll with us and sign a General Service Agreement or Independent Contractor Agreement, we will collect and/or ask you for personal information so that we can provide Services to you. If you do not to provide us with personal information, we will not be able to provide you these Services.
You may give us personal information if you respond to a voluntary survey or questionnaire.
We may also collect your personal information if you send us something through electronic or physical mail or if you call us. Your telephone calls to us may be recorded for training and quality control purposes.
When you visit our Websites, we collect other information.
When you use our Websites, our systems automatically gather information that allows us to communicate with your computer or device during the visit. We also may collect information related to any of the following: the number of visits to our Websites, which parts of our Websites you use, your IP address (the Internet address assigned to your computer or device from your Internet Service Provider), domain type, browser type (e.g., Safari or Internet Explorer), the operating system you use (e.g., Windows, iOS or Android), the actions you perform, your location, and the date and time of day. We use this information for statistical purposes to help us design and improve our Websites, and Services.
Cookies:?Our Websites use cookies, small text files containing a string of alphanumeric characters known as a cookie. When you visit our Websites, our servers may send a cookie to your computer. We may use session cookies and persistent cookies. Session cookies exist only during one session. They disappear from your computer when you close your browser or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. We use cookies to enable you to navigate our Websites and use their features, such as accessing secure areas of our Websites. Because required cookies are essential to operate our Websites, there is no option to opt-out of these cookies. Other cookies, such as performance, analytics, and marketing cookies are optional, and you can disable optional cookies through your browser settings and other related functionalities we may make available on our Websites, but please note, that disabling cookies may impact some of our Website features and prevent them from operating properly.
We may use or engage a third party that uses Local Stored Objects (LSOs), sometimes referred to as “Flash Cookies”, and other technologies to collect and store information about your use of our Websites. A flash cookie is a small data file placed on your device using Adobe Flash technology. Flash cookies are different from the cookies described above because cookie management tools provided in your browser will not remove them. To limit the websites that can store information in flash cookies on your device, please visit the Adobe at:?https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
For more information about the cookies, web beacons and other related technologies used on our Websites, please review our Cookie Policy, available at MBO Partners Cookie Policy
Log Files:?Our servers automatically record certain information (e.g., web request, Internet Protocol ("IP") address, browser type, browser language, URLs, etc.) that your web browser sends whenever you visit our Websites.
Web Beacons:?We may employ web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) to track how you use the Websites. We may also use web beacons in our emails to track which emails are opened and which links you click.
Analytics:?We may use data analysis tools to help us better serve our Visitors, Contractors, and Clients via improved content, user experience, products, services, and revisions to our Services. This collected information may let us know which content, resources, and linked content you are accessing and viewing within the Websites, as well as device type and hardware features, location, and language settings.
Google Analytics?:?We use Google Analytics to help analyze how users interact with our Websites. Google Analytics places a small cookie file on your computer or device, so it recognizes if you visit in the future. This cookie does not collect personal identifying information; it collects standard Internet log information and site visitor behavior information in an anonymous form.
We have implemented and use features of Google Analytics for display advertisers (e.g., remarketing), which includes obtaining specific Visitor cookie data, such as the source, medium, and keyword(s) used to visit our Websites. Under the Google remarketing program, our ads can be shown to you when you visit other websites in the Google Display Network or when you search on Google using certain keywords. We use first-party cookies (such as the Google Analytics cookie) and other information together to inform, optimize, and provide ads based on your past visits to our Websites. We may use remarketing with Google Analytics to display content-specific advertisements to you if you have previously visited our Websites and then go to other websites that have the Google Display Network implemented.
Google Analytics does not collect personal information through its cookie and does not combine, match, or cross-reference our information with any other information. Please review the?Google Analytics privacy policy?for additional information.
Visitors who wish to disable this web measurement tool will still have full access to our Websites. While the details vary from browser to browser, most modern browsers can be set up to accept, reject, or request user intervention when a site asks to set a cookie. Google Analytics uses a cookie that begins with _utm. If you would like to opt out, you may use this?browser add-on.
Mobile Devices:?If you use any location-enabled features of our Services, you may be sending us location information. We do not store or use this information other than to provide the Services you requested. Location-enabled features are opt-in on your mobile device. You can have control over your participation and can turn these services off at any time.
Web-enabled mobile applications may use cookies, web beacons, or other methods to customize your browsing experience.
We collect personal information from other sources.
We may collect personal information about you from other sources such as consumer reports, as part of our onboarding process, for processing unemployment or workers’ compensation claims, or to process requests for security clearances. For example, a Client or other individual may refer you to us and send us your name, contact information, and/or other information.
VI. How Do We Use Your Personal Information?
We use your personal information to provide and improve our Services and to operate and improve our Websites
We use your Personal Information to provide our Services to you, process your transactions, or respond to your requests. More specifically, we use your personal information and other information we collect to:
We may also aggregate and/or de-identify personal information so that it does not identify you and use it for statistical, analytical, or other purposes not prohibited by law.
At any time, you can opt-out of receiving marketing and informational email communications from us by clicking on the "unsubscribe" link in our emails.
We use your personal information for business purposes and our legitimate interests
We use personal information for certain legitimate business purposes, including:
We share or disclose personal information with third parties to help us provide Services to you.
We may share your personal information with third parties to help us provide Products or Services to you or comply with legal obligations. For example, we may contract with a third-party provider to administer health, welfare, or retirement benefits for you. We share personal information with third parties to:
We provide these third parties with only the information they need to perform their services and work closely with them to ensure that your privacy and confidentiality are respected and protected. These companies are prohibited from using this information for their own marketing purposes or from sharing your personal information with other third parties except as necessary to provide Services to you or to fulfill their legal obligations.
We may share your personal information with your Client if you respond to a survey after you have provided services to the Client.
We may conduct a voluntary survey of Employees and Contractors who have provided services to one or more Clients. The survey may ask you for demographic information including but not limited to:
Some Clients are exploring the diversity of their networks and request that we provide them with information about Employees and Contractors who have provided services to them. Your participation in these surveys is voluntary and no adverse action will be taken against anyone who does not respond to a survey. We share information with Clients to:
We may also share or disclose aggregated and/or de-identified information with third parties for statistical, analytical purposes, or other legitimate business purposes not prohibited by applicable law.
We will disclose your personal information if we are required to by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to:
Your and others’ personal information may be disclosed or transferred as part of, or during negotiations of, any merger or sale of our assets or the acquisition of MBO.
We share your personal information with third parties who are looking for Employees and Contractors if your register with MBO’s marketplace to look for work opportunities
By registering with MBO’s marketplace to look for work opportunities, you are directing us to share your personal information with companies who are looking for Employees and Contractors. You are using MBO’s marketplace to intentionally interact with third parties, particularly companies who are looking to hire Employees or engage with Contractors.
We may use and share your personal information for advertising purposes.
From time-to-time, we engage advertising services to assist us in advertising our Services based upon your interests and in order to display content that is relevant to you (“Interest Based Advertising”). Those services may target advertisements on our Websites as well as third party websites based on cookies or other information indicating previous interaction with our Websites. These third parties may collect information collected about you across different websites and online services. These third party advertisers may be participants in the Network Advertising Initiative and/or the Digital Advertising Alliance, which allow users to opt-out of ad targeting from participating organizations. To learn more about interest-based advertising, or to opt-out of having your information used by certain third parties for behavioral advertising purposes, go to?www.aboutads.info/choices?or?www.networkadvertising.org/choices/
VII. MBO does not Sell, Trade, or Rent Your Personal Information
We do not sell, trade, or rent your personal information to any unaffiliated third parties for any monetary compensation.
VIII. How Do We Protect Your Personal Information?
We employ physical, administrative, and technical security measures to protect your personal information from loss, misuse, or alteration while it is under our control. We require that any third parties to whom we may transfer your personal information take comparable steps to protect that security. Unfortunately, no security measures are 100% secure and we cannot guarantee or warrant the absolute security of your personal information.
The safety and security of your personal information also depends on you. You are responsible for keeping confidential passwords we have given you (or you have chosen) for access to certain parts of our Websites and Services. You should never share your login username, password, or other account information with others, and you should always log out when finished using our Websites or Services.
You are responsible for notifying us immediately if you suspect there has been any breach or unauthorized use of your login credentials or if you suspect there has been an authorized disclosure of your personal information. You must also inform us immediately if you believe your private login information has been compromised. We are not responsible if you allow third parties access to your account.
Email is not a secure form of communication. Do not send us your credit card number, Social Security number, passwords or any other sensitive personal information via email.
IX. Third-Party Websites
Our Websites and email communications may contain links to other websites on the Internet that are owned and operated by third parties. Other websites may also link to our Websites.
We are not responsible for the content or privacy policies of websites to which our Websites link. In addition, the information practices of websites that link to our Websites are not covered by this Privacy Policy. We encourage you to review the privacy policies of other websites.
X. Do Not Track
Third parties may collect information about you across different websites, including our Website. Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. To the extent you employ such browser do-not-track signals or other similar mechanisms, we will use commercially reasonable efforts to honor such requests received by us to the extent we have the capacity and resources to identify and process your request. Due to the potential for rapid and diverse developments of technology in this area, we cannot guarantee that we can process every type of request that exists or may be developed in the future. As noted above, third parties, such as those that conduct Interest Based Advertising, may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
XI. How Long Do We Keep Your Personal Information?
We reserve the right to retain any information as long as it is needed to fulfill the purposes for which we collected the information, including for the purposes of satisfying any legal, accounting or reporting requirements.
XII. Where Do We Store Your Personal Information?
We are an international company and the personal information we collect may be stored and processed in any country in which we or our affiliates, suppliers, service providers and/or agents maintain facilities, including, but not limited to, the United States of America and the European Union.
XIII. Children’s Privacy
Our Websites and Services are not intended for anyone under 16 years of age. We do not knowingly collect or allow the collection of personal information in connection with our Websites or Services from anyone under the age of 16. If we learn that we have collected the personal information of anyone under the age of 16, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 16 and discover that your child has submitted personal information to us, you may contact us at?[email protected]?and ask us to remove your child’s personal information from our systems.
XIV. Managing Your Personal Information
We offer several choices to you to allow you to control how we use your personal information:
Please see Contact Us to contact us about any of your rights.?We will verify that the request comes from you before responding.
XV. Contact Us
Please contact us if you have any questions about this Privacy Policy
Write to us at:
MBO Partners
Attn: Privacy Officer
13454 Sunrise Valley Dr. Suite 300
Herndon, Virginia 20171 USA
Call us at: 1-800-220-0469
Or send an email to:?[email protected]
Please include your full name, address, telephone number, and email address in case we have any questions, and please let us know how you would like us to communicate with you (email or direct mail).
We will confirm your identity before we disclose personal information to you.
Before disclosing any personal information to you, we will authenticate your identity. If we cannot authenticate your identity, we will err on the side of protecting your personal information. We will inform you in writing of our decision.
XVI. Changes and Updates to this Privacy Policy
We may update this Privacy Policy from time to time. When we do update it, we will post a notice on our Websites and Products, make the updated policy available on this page, and indicate the date it was last updated below. Please check back periodically to see if our Privacy Policy has been updated.
Your continued use of the Websites or Services constitutes your continued acknowledgement that you understand that we may continue to use your personal information as described in this Privacy Policy.
If you have questions or comments regarding this Privacy Policy, please contact?[email protected].
MBO Partners Cookie Policy
Last Updated:?October 5, 2021
This Cookie Policy provides additional information about the cookies that are deployed on our Websites, as well as the options you have to control them.
What are Cookies?
A cookie is a small text file that a website or other online application saves on your computer or mobile device when you visit the website or other online application. This small text file may include a unique identifier that distinguishes your computer or mobile device from other devices. We use the term "cookies" in this Cookie Policy to refer to website and other online application cookies and to similar technologies that may collect information automatically when you visit our Websites (such as pixel tags and web beacons).
Sources and Categories of Cookies
First Party and Third Party Cookies
Both first party and third party cookies that are deployed on our Websites. A “first party” cookie is a cookie placed by us and all information collected from such first party cookies are received by us. A “third party” cookie is a cookie placed by other parties that we work with. These parties may place unique cookies on your browser when you visit our Websites to collect information about your use of our Websites and potentially other online activities you engage in over time across different websites and other online applications. The personal information collected through third party cookies are collected directly by the applicable party and is subject to their privacy policy.
Persistent and Session Cookies
The cookies deployed on our Websites include both persistent cookies and session cookies. A “persistent cookie” is stored on your device in between browser sessions and allows your preferences or actions across our Websites (or in some cases across different websites) to be remembered. Persistent cookies may be used for a variety of purposes including remembering your preferences and choices when using our Websites or to target advertising. Persistent cookies do not expire once you close your browser and remain on your device until an expiration date set by the source of the cookie, unless you disable this.
Session cookies are only stored on your device during your visit to our Website. Session cookies are used to help you navigate around our Websites faster and, if you have an account with us, enables us to give you information that is more relevant to you. Session cookies automatically expire when you close your browser.
Cookie Functionalities
Cookies deployed on our Websites serve different functions. Below is a summary of the different functionalities of the cookies deployed on our Websites:
Cookie FunctionalityDescriptionRequired CookiesThese cookies are necessary to enable the core functionality of our Websites. Without these, you would not be able to navigate between pages or use certain vital features of our Websites.Functional CookiesThese cookies allow us to analyze the use of our Websites so we can measure and improve performance.Advertising CookiesThese cookies are used to by advertising companies to serve ads that are relevant to your interests.
You can learn more about the specific cookies deployed on our Websites that fall within each of these categories by visiting the Advanced Settings section of the Cookie Preferences center available on our Websites.
Managing Cookies
The functional cookies and advertising cookies deployed on our Websites are not strictly necessary for our Websites to work, but can provide you with a better browsing experience. You can block these types of cookies through the Cookie Preferences center available on our Websites, but please note, if you do so, some features and functionalities of our Websites may not operate as intended.
In addition to using our Cookie Preferences center, you can change the settings on your browser to block cookies or to alert you when cookies are being sent to your device. If you use multiple devices to view and access our Websites, you will need to ensure that each browser on each device is adjusted to suit your preferences.
Changes
Any changes to this Cookie Policy in the future will be posted on this page and we will take all measures necessary to communicate any changes to this Cookie Policy to you. Please check back frequently to see any updates or changes to this Cookie Policy. We will also bring your attention to such changes by updating our cookie banner/ pop-up.
Additional Privacy Terms if You are Located in Australia
Last Updated:?October 5, 2021
If you are located in Australia, you have certain rights with respect to your personal information. The following is a summary of those rights and additional information applicable to our collection and use of your personal information. For clarity, these Additional Privacy Terms if You are Located in Australia are in addition to, and not in lieu of, the information provided in our Privacy Policy.
Australian Privacy Principles
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (the “Privacy Act”). The APPs govern the way in which we collect, use, disclose, secure and dispose of personal information subject to the Privacy Act.
A copy of the APPs may be obtained from The Office of the Australian Information Commissioner by visiting?www.aoic.gov.au.
Sensitive Personal Information
Under the Privacy Act, sensitive information includes information or opinions about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. We only use sensitive information:
Contact Details and Complaints
For any questions, concerns or complaints regarding a possible breach of your privacy by us, please contact our Data Protection Officer as follows:
We will treat each complaint confidentially. We will investigate each complaint and will contact the individual that submitted the complaint within a reasonable time period once the complaint is resolved (and in any event within any applicable time periods required by the Privacy Act).
Rights Under the Privacy Act
If you wish to access a copy of your personal information we hold about you, please contact us via email at?[email protected]. We will use reasonable efforts to respond to an inquiry without excessive delay (and in any event within any applicable time periods required by the Privacy Act). Where we hold personal information about you that you are entitled to access, we will provide you with a suitable means of accessing such personal information, which may include, without limitation, emailing or mailing a copy of such personal information to you.
In order to respond to your request, we may request you to provide:
If you believe that the personal information we have about you is incorrect, incomplete or inaccurate, you may request that we correct this information by submitting your request to us via email at?[email protected]. Upon our receipt of your correction request, we will evaluate your request. If we determine that the personal information should not be corrected, we will let you know and you can request that we add a note to the applicable personal information that you dispute the accuracy of such personal information.
Transfers of Personal Information
We may disclose your personal information to our affiliates, third party suppliers and service providers, and other third parties as described in our Privacy Policy. Some of these entities may be located outside Australia, including in the United States, New Zealand, Singapore, Germany, Ireland, and the United Kingdom. We take reasonable steps to ensure that any entities located outside Australia that receive your personal information from us do not breach applicable privacy obligations.
Changes to These Additional Privacy Terms if You are Located in Australia
We may update these Additional Privacy Terms if You are Located in Australia from time to time. When we do update them, we will post a notice on our Websites, make the updated version of these Additional Privacy Terms if You are Located in Australia available on this page, and indicate the date it was last updated above. For clarity, any updates will apply from the date they are posted. Please check back periodically to see if these Additional Privacy Terms if You are Located in Australia have been updated.
Additional Privacy Terms if You are Located in Europe
(including the European Union, Switzerland, and the United Kingdom)
Last Updated:?October 15, 2021
If you are located in Europe (including the European Union, Switzerland, and the United Kingdom), you have certain rights with respect to your personal information. The following is a summary of those rights and additional information applicable to our collection and use of your personal information. For clarity, these Additional Privacy Terms if You are Located in Europe (including the European Union, Switzerland, and the United Kingdom) are in addition to, and not in lieu of, the information provided in our Privacy Policy.
Data Controller
When you provide us with your personal information in connection with our Websites or Services, we serve as a data controller. Where we act as a data controller we determine how your personal information will be utilized, in accordance with our Privacy Policy and these Additional Privacy Terms if You are Located in the European Union.
Legal Basis for Processing Personal Information
We rely on several legal bases to process your personal information. These legal bases include where:
If you have any questions about or would like further information concerning the legal bases on which we collect and use your personal information, please contact us by emailing us at?[email protected].
Rights Under Applicable Data Protection Laws
If you are located in the EU, Switzerland, or the United Kingdom, you have the following rights in respect of your personal information that we hold:
If you wish to exercise one of these rights, please email us at?[email protected].
You also have the right to lodge a complaint to your local data protection authority.
However, we would appreciate the opportunity to address your concerns before you contact your local data protection authority, so, if you do have any concerns, please contact our Data Protection Officer as follows:
Transfers of Personal Information
The personal information we collect may be stored, processed and otherwise made available in any country in which we or our affiliates, suppliers, service providers, or agents maintain facilities or where our Websites, Services, or Products are available, including, but not limited to, the United States of America. We will transfer personal information internally (including with our affiliated entities) and with third parties acting on our behalf in accordance with appropriate or suitable safeguards recognized under applicable laws, including applicable adequacy decisions and standard contractual clauses.
Obligations and Notices to Data Protection Authorities (DPAs)
We will respond diligently and appropriately to requests from DPAs about our Privacy Policy and these Additional Privacy Terms for European Users and our compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of personal information, we will: (1) cooperate with inquiries from the DPA responsible for the entity exporting the data; and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of personal information to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable laws.
In the event of a data breach leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information we transmit, store or otherwise process, we will promptly assess any such breach and will notify, as required by applicable law, DPAs and affected data subjects, which may include you.
Changes to These Additional Privacy Terms for European Users
We may update these Additional Privacy Terms if You are Located in Europe (including the European Union, Switzerland, and the United Kingdom) from time to time. When we do update them, we will post a notice on our Websites, make the updated version of these Additional Privacy Terms if You are Located in Europe (including the European Union, Switzerland, and the United Kingdom) available on this page, and indicate the date it was last updated above. For clarity, any updates will apply from the date they are posted. Please check back periodically to see if these Additional Privacy Terms if You are Located in Europe (including the European Union, Switzerland, and the United Kingdom) has been updated.
Additional Privacy Terms if You are Located in Singapore
Last Updated:?October 5, 2021
领英推荐
If you are located in Singapore, you have certain rights with respect to your personal information. The following is a summary of those rights and additional information applicable to our collection and use of your personal information. For clarity, these Additional Privacy Terms if You are Located in Singapore are in addition to, and not in lieu of, the information provided in our Privacy Policy.
Withdrawing Consent
Any consent you provide for the collection, use and disclosure of your personal information will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal information for any or all of the purposes identified in our Privacy Policy by submitting your request in writing or via email as follows:
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
While we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be able to continue providing our Services to you and we will, in such circumstances, notify you before completing your request. If you would like to cancel your withdrawal of consent, please let us know in writing using the contact information provided above.
Access to and Correction of Your Personal Information
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer using the contact information provided above.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the Personal Data Protection Act 2012 (“PDPA”)).
For any questions, concerns or complaints regarding your privacy, please contact our Data Protection Officer as follows:
We will treat each complaint confidentially. We will investigate each complaint and will contact the individual that submitted the complaint within a reasonable time period once the complaint is resolved (and in any event within any applicable time periods required by the Privacy Act).
Transfers of Personal Information
We may disclose your personal information to our affiliates, third party suppliers and service providers, and other third parties as described in our Privacy Policy. Some of these entities may be located outside Singapore, including in the United States, Australia, New Zealand, Germany, Ireland, and the United Kingdom. We take reasonable steps to ensure that any of your personal information that is transferred outside of Singapore continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
Changes to These Additional Privacy Terms for Singapore Users
We may update these Additional Privacy Terms if You are Located in Singapore from time to time. When we do update them, we will post a notice on our Websites, make the updated version of these Additional Privacy Terms if You are Located in Singapore available on this page, and indicate the date it was last updated above. For clarity, any updates will apply from the date they are posted. Please check back periodically to see if these Additional Privacy Terms if You are Located in Singapore has been updated.
Additional Privacy Terms if You are Located in California
Last Updated:?October 5, 2021
If you are located in California, you have certain rights with respect to your personal information. The following is a summary of those rights and additional information applicable to our collection and use of your personal information. For clarity, these Additional Privacy Terms if You are Located in California are in addition to, and not in lieu of, the information provided in our Privacy Policy.
California
This section describes the rights California provides California residents with respect to their personal information. Please note, if you are not a California resident, the rights described in this section do not apply to you.
California’s Shine the Light Law
Under California’s Shine the Light Law, you have the right, once per calendar year, to request information from us regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California’s Shine the Light Law, you have the right to send us a request at the designated email address listed below to receive the following information:
This information may be provided in a standardized form that is not specific to you. The designated email address for these requests is?[email protected].
California Consumer Privacy Act
Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding the personal information businesses collect about them. This includes the rights to receive notice about a business’s collection, use and disclosure of personal information, to request access to personal information, request deletion of personal information, and to direct a business to stop selling personal information.
RIGHT TO NOTICE
You have the right:
RIGHT TO ACCESS
You have the right:
RIGHT TO DELETION
You have the right:
RIGHT TO OPT-OUT
You have the right:
NON-DISCRIMINATION
We will not discriminate against any consumer for exercising any privacy right. We will not deny services, charge different prices or rates, provide consumers with a different level of quality of services, or engage in any other form of discrimination.
REQUEST PROCESS
If you would like to exercise any of your privacy rights, please use the information in the ‘Contact Us’ Section in the Privacy Policy to submit all written requests
We will promptly take steps to determine whether your request is a verifiable consumer request and disclose and deliver any required information or a response within 45 days of receiving your request.
Summary of Uses and Disclosures of Personal Information
The following is a summary of the categories of personal information we collect, whether we collect the information about Visitors, Employees and Contractors, and/or Client, the purposes for which we collect the information, and the categories of third parties with whom we share personal information.
This is a summary of the categories of personal information we have collected and shared in the preceding 12 months
Companies with engagement or employment opportunities for youEmployees and ContractorsYouMake payments to youBanks and other financial institutionsB. Categories of Personal Information described in California law section 1798.80 (e)Protected by Law
Note: (some information may overlap other categories)
Changes to These Additional Privacy Terms for United States Users
We may update these Additional Privacy Terms if You are Located in California from time to time. When we do update them, we will post a notice on our Websites and Products, make the updated version of these Additional Privacy Terms if You are Located in California available on this page, and indicate the date it was last updated above. For clarity, any updates will apply from the date they are posted. Please check back periodically to see if these Additional Privacy Terms if You are Located in California has been updated.
Terms and conditions
Section 1. AGREEMENT
By accessing, registering with, or using MBO’s Websites (as defined in the Privacy Policy), Products (as defined in the Privacy Policy), and Services (as defined in the Privacy Policy), you are entering into a legally binding agreement with MBO Partners, Inc., a Delaware corporation with a place of business at 13454 Sunrise Valley Drive, suite 300, Herndon, VA 20171 together with MBO Professional Services, Inc., MBO Healthcare, Inc. and their respective parents, subsidiaries or affiliates (“MBO”). If you do not agree to these Terms and Conditions, stop using the Websites, Products, and Services immediately.
Section 2. YOU AGREE TO THESE TERMS AND CONDITIONS
2.1 These Terms and Conditions apply to
a) your use of MBO’s Products, Websites, or Services,
b) transactions using our Websites in connection with your engagement or continuing engagement with MBO; and
c) transactions using our Websites in connection with your employment or continuing employment with MBO.
2.2 You may use our Products, Websites, and Services only if you agree to these Terms and Conditions.
2.3 Your accessing or use of our Products, Websites, and Services constitutes your agreement to these Terms and Conditions.
Section 3. YOU AGREE TO THE ARBITRATION AGREEMENT
3.1 You and MBO agree to resolve all disputes in connection with
a) your use of MBO’s Products, Websites, and Services,
b) any transactions using our Websites,
c) the Privacy Policy, and
d) these Terms and Conditions
pursuant to and in accordance with the Arbitration Agreement.
3.2 You may review the Arbitration Agreement at any time.
Section 4. YOU AGREE TO THE PROVISIONS OF MBO’S PRIVACY POLICY
4.1 MBO’s Privacy Policy describes how MBO collects, processes, and share your Personal Information (as defined in the Privacy Policy).
4.2 You may review the Privacy Policy at any time.
4.3 By continuing to use our Products, Websites, and Services, you consent to the collection and use of your Personal Information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MBO.
4.4 As part of providing you our Products, Websites, and Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of our Products, Websites, and Services and your account. You may not be able to opt-out from receiving these types of communications relating to our Websites, Products, and Services.
Section 5. YOU AGREE TO CONDUCT TRANSACTIONS ELECTRONICALLY
5.1 You agree to conduct transactions electronically.
5.2 You certify that you have access to an internet connection and an electronic device with a modern browser, equipped with ability to view PDF documents or other electronic attachments, and that you have access to an email account through which you can view, download, and retain these documents as necessary.
5.3 You consent to the use of electronic signatures in connection with the Websites, Products, Services and these Terms and Conditions and to receive all notices and copies of documents, including those that are legally required to be delivered to you in writing at the email address you have provided to MBO.
5.4 You must update MBO if you change your email address.
5.5 You also understand that you may withdraw this consent at any time by sending an email to?[email protected]?with the subject line “Opt-Out.” Some of our services are only available electronically. So, opting out of electronic transactions may mean that some electronic services may not be available to you.
5.6 You agree that you can print documents we send you electronically, but if you would like paper copies of documents that you were entitled to receive in writing, please contact us at?[email protected]. We may charge you a fee for the costs of making and sending you the paper copies, and we will notify you of that amount before sending you the paper copies.
Section 6. YOU MUST PROTECT YOUR LOGIN CREDENTIALS
6.1 To register for some of our Products, Websites, and Services, you will create login credentials by providing an email address to MBO and by selecting a username and password. You will also provide MBO with information during the registration process. You agree to keep your information accurate and updated.
6.2 Each login is for a single user only.
6.3 You are not allowed to share or disclose your login credentials with any other user or person.
6.4 MBO may cancel or suspend your access to our Products, Websites, and Services if you share your credentials.
6.5 You are responsible for safeguarding and keeping your username and password confidential. You shall not provide your username or password to any third party. You are solely responsible for all uses of all our Products, Websites, and Services, whether or not actually or expressly authorized by you.
6.6 You agree that by registering for our Products, Websites, and Services and/or entering your username and password you are indicating your agreement with these Terms and Conditions and validation of any data entered by you.
6.7 Login credentials and each account are personal in nature and may only be used by the user who creates the account.
6.8 You will not allow any access to your accounts or login credentials by anyone other than you.
6.9 You agree to change any account ID (or close the applicable account) immediately if your login credentials are is lost, stolen, or otherwise compromised and to immediately notify us of such an incident.
6.10 You are fully responsible for all use of your login credentials and accounts (whether lawful or unlawful) and for any actions taken through your login credentials and any actions taken through or relating to your login credentials will be attributable to you.
6.11 You agree that all information provided in connection with registering for any of our Websites or Products, or establishing your accounts:
a) will be true and complete; and
b) will be promptly updated and kept accurate and current.
6.12 You may not
a) select or use login credentials of another person with the intent to impersonate that person; or
b) select or use login credentials that MBO, in its sole discretion, deems offensive in whole or in part.
6.13 You authorize MBO to access any account, as necessary to administer or configure the site or applicable platform.
Section 7. MBO GRANTS YOU A REVOCABLE, NONTRANSFERABLE, NONEXCLUSIVE LICENSE
7.1 Subject to these Terms and Conditions, MBO grants you a non-exclusive, nontransferable, revocable, and limited right to access, use, and display our Products, Websites, and Services strictly in accordance with these Terms and Conditions.
7.2 You may use our Products, Websites, and Services only as intended by MBO as indicated by our Products’, Websites’, and Services’ instructions and other materials on the related Products, Websites, and Services. You may use the mobile applications for your own use with our Products, Websites, and Services on a mobile device owned or otherwise controlled by you strictly in accordance with the application's documentation and/or instructions, if any.
7.3 You acknowledge and agree that our Products, Websites, and Services are provided under license, and not sold, to you. You do not acquire any ownership interest in our Products, Websites, and Services under this license, or any other rights thereto other than to use our Products, Websites, and Services in accordance with the license granted. You may not sub-license, relicense, resell, or otherwise use the mobile application for similar commercial purposes.
Section 8. MBO PROHIBITS CERTAIN USES, COMMUNICATIONS AND CONTENT
8.1 Our Products, Websites, and Services and may contain sensitive or privileged information. MBO may monitor activity within its systems to identify improper or unauthorized use and to prevent security breaches.
8.2 MBO monitors activity within its systems to identify improper or unauthorized use and to prevent security breaches.
8.3 By using our Products, Websites, and Services, you consent to your activities being monitored. If criminal activity is detected, evidence from these tools may be provided to law enforcement.
8.4 Unauthorized use or modification of any information displayed or stored on our Products, Websites, and Services may result in criminal and/or civil prosecution under federal, state and/or local law.
8.5 You agree not to interrupt, or attempt to interrupt, the operation of our Products, Websites, and Services in any way.
8.6 You may not use our Products, Websites, and Services for anything other than a lawful and legitimate business purposes. You agree not to use our Products, Websites, and Services to
a) send chain letters, junk mail, "spam," solicitations (commercial or non-commercial) or bulk communications of any kind;
b) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
c) carry out any unauthorized alteration of any data or information on the Products, Websites or Services; or
d) (iv) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity.
8.7 You shall not restrict or inhibit MBO or any other user from using and enjoying any portion of our Products, Websites, and Services.
8.8 You agree that you will not send, post, or publish through our Products, Websites, and Services, any message, material, username, or other communication that:
a) impersonates any person or entity;
b) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory;
c) constitutes or encourages the conduct of a criminal offense;
d) gives rise to any liability;
e) causes injury of any kind to any person or entity;
f) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
g) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
h) creates a link to another web site.
Section 9. MBO MAY DENY ACCESS TO ANYONE AT ANYTIME
9.1 While MBO has no obligation to monitor our Products, Websites, and Services, you agree that MBO may delete and take other appropriate action with respect to messages, information, data, or files which MBO, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions.
9.2 MBO may deny access to our Products, Websites, and Services to anyone at any time.
Section 10. NOTICES OF MBO’S INTELLECTUAL PROPERTY RIGHTS
10.1 "MBO" and other related marks are trademarks and service marks of MBO are protected by law. They may be used publicly only with permission from MBO. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
10.2 All materials and software published on or used on our Products, Websites, and Services are protected by copyright and other intellectual property right laws and regulations, and are owned or controlled by or licensed to MBO, or the party listed as the provider of the materials or software.
10.3 UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED AND MAY SUBJECT YOU TO CRIMINAL OR CIVIL PROSECUTION UNDER FEDERAL, STATE AND LOCAL LAW.
10.4 Unless specifically provided otherwise, you may download any downloadable materials displayed on our Products, Websites, and Services only for personal, noncommercial and informational purposes, provided that the documents are not modified and you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials: " ? 2020 MBO, U.S.A. All rights reserved."
Section 11. MBO RETAINS ALL INTELLECTUAL PROPERTY RIGHTS
11.1 All proprietary rights, intellectual property rights, title and interests to our Products, Websites, and Services or any portion or materials downloadable or subject to activation through our Products, Websites, and Services, and any changes or modifications to any of the foregoing, and all related documentation shall be and remain the exclusive property of MBO.
11.2 You agree that you have no proprietary or intellectual property right, title, or interest in or to any such materials except as a licensee in accordance with these Terms and Conditions or separate agreement with MBO.
11.3 You may not at any time, now or in the future, contest or do, or aid others in contesting or doing, anything which otherwise impairs the validity of any proprietary or intellectual property right, title or interest of MBO in and to such materials.
Section 12. MODIFICATION
Your continued use of our Products, Websites, and Services after MBO publishes or sends a notice about changes to these Terms and Conditions means that you are agreeing to the updated Terms and Conditions.
Section 13. LINKS TO OTHER SERVICES AND/OR MATERIALS
Links may appear on our Products, Websites, and Services that may be used to link to other web site(s) not operated by or for MBO. These links are provided as a courtesy to visitors of our Products, Websites, and Services. MBO has no control over the linked web sites or the materials, information, goods, or services available or contained on these linked web sites. MBO is not responsible for and does not endorse or warrant in any way any materials information, goods, or services available through such linked web sites or any privacy or other practices of such web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. MBO reserves the right to terminate any link at any time.
Section 14. DISCLAIMER; LIMITATION OF DAMAGES
14.1 MBO is neither responsible nor liable for any software viruses or other software contamination of your computer system or other device used to access our Products, Websites, and Services as a result of your use of our Products, Websites, and Services.
14.2 EXCEPT AS EXPRESSLY PROVIDED IN THE MATERIALS ON THIS SITE, OUR PRODUCTS, WEBSITES, AND SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MOBILE APPLICATIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE, IN THE APPLICATIONS OR ACCESSED BY MEANS THEREOF) ARE PROVIDED ON AN "AS IS," AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MBO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE PRODUCTS, WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
14.3 IN NO EVENT WILL MBO, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR PRODUCTS, WEBSITES, AND SERVICES’ CONTENT BE LIABLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON THE PRODUCTS, WEBSITES OR SERVICES, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, WEBSITES OR SERVICES AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE PRODUCTS, WEBSITES OR SERVICE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW
14.4 MBO reserves the right, in its sole discretion and without notice to deny access to our Products, Websites, and Services to anyone at any time.
14.5 YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE PRODUCTS, WEBSITES AND SERVICES TO THE EXTENT CAUSED BY SOURCES OTHER THAN MBO'S SOFTWARE OR SERVICES.
14.6 MBO intends to protect the quality and integrity of your personally identifiable information. We have implemented reasonable technical and organizational measures, such as using encryption technology, in an attempt to help us keep your information secure. We reserve the right to delete information submitted by you without notice. We will make a reasonable effort to respond in a timely manner to your requests to correct inaccuracies in your personal information. For more information, view our Privacy policy .
14.7 MBO does not have any liability to you for usage charges related to any device that you use to access our Products, Websites, and Services, including, without limitation, usage charges for mobile telephones, car navigation systems, tablets, smartphones, and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
Section 15. INDEMNIFICATION
You agree to indemnify, defend, and hold MBO harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Products, Websites, and Services, violation of these Terms and Conditions, or your infringement, or any other user of your username or password (unless you have notified MBO that your username and password have been improperly obtained by another party and it is readily ascertainable that such party's use of your username and password was not with your permission and did not result from your negligence), of any intellectual property or other right of any person or entity.
Section 16. APPLICABLE LAWS
16.1 MBO operates our Products, Websites, and Services in the United States of America (U.S.) and makes no representations that materials in our Products, Websites, and Services are appropriate or available for use in locations outside the U.S. Access to our Products, Websites, and Services from any territory where the content is illegal is prohibited. If you choose to access our Products, Websites, and Services from outside the U.S., you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules, and regulations. The display of the Products, Websites or Services alone does not subject MBO to any specific jurisdiction. You may not use or export any of the Products’, Websites’, and Services’ materials in violation of U.S. export laws and regulations.
16.2 To the extent allowed by law, these Terms and Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of law principles. Any dispute or other legal action concerning these Terms and Conditions, including any arbitration or litigation, shall take place in Virginia. Federal or state courts within Virginia shall have exclusive jurisdiction to entertain any motion to compel arbitration or to vacate or confirm any arbitration award. The Parties consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Virginia, with respect to any dispute arising out of or in connection with the Terms and Conditions.
Section 17. NO WAIVER
No failure to exercise, and no delay in exercising any right, power, or privilege hereunder on the part of either party shall operate as a waiver of any right, power, or privilege. No single or partial exercise of any right, power or privilege hereunder shall preclude its further exercise.
Section 18. SEVERABILITY
If any part of these Terms and Conditions is adjudged by any arbitrator or court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of the Terms and Conditions, and the effect shall be confined to the part immediately involved in the controversy arbitrated or adjudged.
Section 19. FORCE MAJEURE
MBO shall not be liable for any failure of performance hereunder due to causes beyond its reasonable control, including without limitation acts of God, fire, explosion, vandalism, storm or other similar catastrophes; any law, order, regulation, direction, action or request of the United States government, or of any other government, including foreign, state and local governments having jurisdiction over MBO or you, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections; civil unrest; riots; wars; or strikes, lock-outs, work stoppages or other labor difficulties.
Section 20. SECTION TITLES.
Section titles as to the subject matter of sections are for convenience only and are in no way to be construed as part of these Terms and Conditions or as a limitation of the scope of the sections to which they refer.
Section 21. ENDING THESE TERMS AND CONDITIONS
21.1 These Terms and Conditions will continue to apply until terminated by you or MBO as follows:
a) You may end this agreement with MBO at any time for any reason by deactivating your account and discontinuing your use of the Products, Websites, and Services. If you stop using the Products, Websites, and Services without deactivating your accounts, MBO may deactivate your account after prolonged inactivity.
b) MBO may suspend or terminate your accounts or cease providing you with all or part of our Products, Websites, and Services at any time for any reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms and Conditions;
(ii) you create risk or possible legal exposure for MBO; or
(iii) our provision of our Products, Websites, and Services to you is no longer commercially viable.
c) MBO will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
21.2 Upon termination, your license to use the Websites, Products and Services will terminate.
Section 22. SURVIVAL
The provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement will survive and remain in effect until all obligations are satisfied. For the avoidance of doubt, the provisions of this Agreement which shall survive include, but are not limited to, the provisions relating to dispute resolution, arbitration, intellectual property, retention of rights, links to other services, limitation of damages, indemnification, applicable laws, waivers, severability, and termination.
Mutual Agreement to Arbitrate
This Agreement is entered into between MBO Partners, Inc. (“MBO” as additionally defined below) and you (“you”, “your”, or “I”) (collectively the “Parties” and each a “Party”), in consideration of the mutual promises contained herein and, as applicable, one or more of the following:
(a) your use of MBO’s Website and Products as defined in the Privacy Policy (to which you must also agree) or arising from the Terms of Use or Privacy Policy;
(b) your use of MBO’s online marketplace or related tools;
(c) your engagement or continuing engagement with MBO; and
(d) your employment or continuing employment with MBO.
For purposes of this Agreement, the term “MBO” expressly includes MBO Partners, Inc., MBO Professional Services, Inc., MBO Healthcare, Inc. and their respective parents, subsidiaries or affiliates and their respective officers, and directors; and for engagements or employment, their clients to or for which you provide services, provided the client has elected to be an Electing Client as described another agreement between you and MBO or is a beneficiary of this Agreement, as determined by applicable law. You and MBO intend for MBO's clients to be third party beneficiaries of this Agreement.
In any business relationship, disputes sometimes arise that need to be resolved in a formal proceeding. In order to resolve any future disputes that may arise between you and MBO without the costly expense and lengthy delays typically associated with court actions, you and MBO agree as follows:
1. Agreement to Arbitrate Claims. Except for Excluded Claims as described in paragraph 5 below, both you and MBO agree that any claim that you may have against MBO or that MBO may have against you shall be submitted to and determined exclusively by a single, neutral arbitrator through to final and binding arbitration, and not to any court, with the American Arbitration Association (“AAA”). The AAA arbitrator shall be chosen by mutual agreement between the parties or if the parties cannot agree, in accordance with the AAA Arbitration Rules. The parties may, by mutual written agreement, agree to use some other arbitrator or arbitration service, such as JAMS.
2. Arbitration Rules.
(a) For commercial disputes, the arbitrator will follow the version of the AAA’s “Commercial Arbitration Rules and Mediation Procedures” in effect at the time a demand for arbitration is filed. The most recent Commercial Arbitration Rules and Mediation Procedures are currently available online at?https://www.adr.org/Rules. Please see the AAA homepage or call AAA for questions regarding which commercial rules are in effect when a demand for arbitration is filed.
(b) For employment disputes, the arbitrator will follow the version of the AAA’s “Employment Arbitration Rules and Mediation Procedures” then in effect at the time the demand for arbitration is filed A copy of the current AAA rules can be obtained at the following website:?https://www.adr.org/Rules?(a copy of which are attached hereto as Exhibit A and incorporated fully as though set forth herein. Note that the web addresses are subject to change; you can visit the AAA’s homepage (https://www.adr.org) or call the AAA at 1.800.778.7879 to ask which rules are in effect when a demand for arbitration is filed.
(c) For any other disputes, the arbitrator shall follow the applicable AAA rules as determined by the arbitrator.
3. Claims Covered by This Agreement. The claims that are to be arbitrated under this Agreement are any claims that arise between you and MBO (the “Covered Claims”) except for the Excluded Claims as defined in paragraph 5 below. For illustration, the Covered Claims include but are not limited to any dispute relating to your relationship with MBO or your use of a MBO product or service arising out of or related to any claims for/under tort, bad faith, breach of contract, defamation, breach of covenant of good faith and fair dealing, promissory estoppel, negligence or other breach of duty, breach of public policy, violation of a privacy or cybersecurity law or regulation, unfair or deceptive act or practice, misclassification, wrongful discharge, and all claims under federal, state, and local laws, ordinances, regulations or orders, claims of discrimination, retaliation, or harassment under applicable federal, state or local laws, claims under any federal, state, or local leave laws, and all other claims. The Covered Claims further include any dispute arising out of or relating to the interpretation or application of this Agreement including the enforceability, revocability, or validity of this Agreement, and the Parties delegate authority to decide those issues solely to the arbitrator. Both MBO and you are giving up any right to have a judge or jury decide the Covered Claims.
4. Class Action, Collective Action, and Representative Action Waiver. You and MBO agree that any proceedings pursuant to this Agreement will be conducted on an individual basis only and that Covered Claims by you or by MBO may only be brought in the Party’s individual capacity, may not be brought on a class action, collective action, class or collective arbitration or representative basis, and may not be consolidated with other persons or entities, and that you and MBO hereby waive your respective rights to participate in any and all class actions, collective actions, class or collective arbitrations, and/or other representative actions, including participating as a named plaintiff or as a member of a class action, collective action, and/or other representative action (the “Class Action Waiver”).
The Class Action Waiver shall be severable from this Agreement for any Covered Claims in which the Class Action Waiver is found to be unenforceable. In such instances, the class action, collective action, or representative action claim shall be litigated in a civil court of competent jurisdiction.
5. Excluded Claims. The following claims are not subject to arbitration (the “Excluded Claims”):
(a) claims for workers’ compensation benefits, but not retaliation claims arising out of or relating to claims for workers’ compensation benefits,
(b) claims for unemployment compensation benefits,
(c) claims under the National Labor Relations Act, as amended, within the exclusive jurisdiction of the National Labor Relations Board,
(d) claims brought under the Private Attorneys General Act, Californea Labor Code sections 2698 et seq. (“PAGA”),
(e) any claim that is expressly precluded from arbitration by a federal, state, or local statute or regulation that is not preempted by the Federal Arbitration Act (“FAA”).
Further, nothing in this Agreement shall be interpreted to prohibit you from filing a charge, complaint or claim with the Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, the Occupational Safety and Health Commission, or any other federal, state, or local administrative agency to the extent that by law, you may not be prohibited from filing such a charge, complaint, or claim.
6. Arbitration Procedure. The arbitrator alone and not a court shall have jurisdiction to decide his or her jurisdiction, any questions as to the arbitrability of any claims, whether an agreement to arbitrate exists and is valid, and whether the agreement to arbitrate covers the dispute in question. Provided, however, that to the extent any Covered Claims subject to this Agreement are brought as a class action, collective action, or representative action and the arbitrator finds the Class Action Waiver set forth in paragraph 4 is unenforceable, the arbitrator shall not have jurisdiction to hear or arbitrate any such Covered Claims on a class action, collective action, or representative action basis. In such instances, the class action, collective action, or representative action must be litigated in a civil court of a competent jurisdiction. The arbitrator will be permitted to award only those remedies in law or equity that are requested by the parties and allowed by local, state, and/or federal substantive law applicable to the Covered Claim(s).
7. Arbitrator’s Decision is Final. You understand and agree that the arbitrator’s ruling will state the facts and the law on which the decision is based, will be final and binding on both you and MBO and any other party in the arbitration proceeding, and cannot be reviewed for error of law or legal reasoning of any kind. A judgment upon an award rendered by the arbitrator may be entered in any court of competent jurisdiction.
8. Interim Measures. The AAA rules govern each Party’s ability to seek interim measures. Such rules are adopted here.
9. Administrative Remedies / Statute of Limitations. If you or MBO fail to make a written request for arbitration within the statute of limitations period applicable to a Covered Claim under applicable law or otherwise fail to comply with the administrative prerequisites to filing certain types of claims, you and/or MBO will have waived the right to raise that claim in any forum. In the event that you or MBO should file an action in court in violation of this Agreement, that court shall require the Parties to arbitrate all Covered Claims, unless Excluded Claims under paragraph 5.
10. Witnesses and Evidence. You and MBO will have the right to conduct discovery in accordance with the AAA rules.
11. Cost of Arbitration and Legal Fees. The cost of arbitration will be paid by MBO, except that you will be required to pay the initial filing fee to the extent that the filing fee does not exceed the fee to file a complaint in state or federal court. MBO will pay for the balance of the arbitrator’s fees and all administrative costs related to the arbitration. The Parties will each bear their own costs for legal representation, discovery, deposition, expert witnesses, and other legal costs ordinarily borne by a Party in litigation, provided, however, that the arbitrator shall have the authority to require one Party to pay the costs and fees for the other Party’s representation during the arbitration, but only to the extent permitted under relevant federal or state laws, as a part of any remedy that may be ordered.
12. Miscellaneous Agreement Provisions
(a) Modifications and No Waiver of Covered Claims. Any change, alteration, revision, or modification to this Agreement and any waiver or cancellation of this Agreement must be in writing, agreed to by both Parties. If either you or MBO fails to assert a claim under this Agreement, that does not affect either your or MBO’s rights to assert another similar claim under the Agreement. No agreements or representations regarding the subject matter hereof, oral or otherwise, express or implied, have been made by either Party which are not set forth expressly in this Agreement.
(b) Law Governing this Arbitration Agreement. The Parties expressly agree and acknowledge that this Agreement, including but not limited to the Class Action Waivers set forth in paragraph 4, shall be governed by and interpreted in accordance with FAA.
(c) Severability. Except as otherwise provided in this Agreement, if any part of this Agreement is found to be not valid or not enforceable, that part shall be stricken and the remainder of the Agreement shall remain in full force and effect.
(d) Survival. This Agreement shall survive termination of your business relationship with MBO and shall apply to all Covered Claims other than Excluded Claims as specified in paragraph 5, regardless of whether the asserted are during your business relationship with MBO, or after your services for MBO and such relationship has terminated.
(e) Entire Agreement. This Agreement is the entire agreement between you and MBO regarding the adjudication of Covered Claims. It supersedes any previous agreements or understandings between you and MBO regarding the adjudication of Covered Claims. You agree that you are not executing this Agreement in reliance on any promises or representations other than those contained in the Agreement.
13. You Agree to this Mutual Agreement to Arbitrate.
By affirmatively agreeing to the Mutual Agreement to Arbitrate and/or accessing, registering, using, or continuing to use one or more of MBO’s Websites, Products and Services, you agree that:
(A) YOU INTEND TO CONDUCT BUSINESS ELECTRONICALLY.
(B) YOU HAVE READ THIS AGREEMENT.
(C) YOU HAVE BEEN PROVIDED SUFFICIENT TIME TO READ THE AGREEMENT AND CONSULT AN ATTORNEY.
(D) THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY BOTH PARTIES.
(E) YOU UNDERSTAND THAT THIS AGREEMENT REQUIRES THAT DISPUTES THAT INVOLVE THE MATTERS SUBJECT TO THIS AGREEMENT BE SUBMITTED TO ARBITRATION AND NOT TO A JUDGE OR A JURY.
(F) YOU UNDERSTAND AND AGREE THAT BOTH MBO AND YOU ARE WAIVING THE RIGHT TO HAVE DISPUTES COVERED BY THIS AGREEMENT HEARD OR TRIED BY A JUDGE OR JURY.
IF YOU DO NOT AGREE TO THIS AGREEMENT, STOP USING THE WEBSITE, PRODUCTS, AND SERVICES IMMEDIATELY.
Disclosure Agreement
By continuing,
I acknowledge and understand that MBO will use my personal information as described in the Privacy Policy.
I acknowledge and understand that MBO is an international company and my personal information be transferred to, stored, and/or processed in any country in which MBO or its affiliates, suppliers, service providers and/or agents maintain facilities, including, but not limited to, the United States of America and the European Union.