SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Text Marketing. By signing up via text, you agree to receive recurring automated promotional and personalized marketing and recruiting text messages from HR Affiliates at the cell number used when signing up. Reply HELP for help and STOP to cancel. Message frequency varies. Message & data rates may apply. View Terms & Privacy below for details.
HR Affiliates (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive text messages from Us related to talent identification services at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase of services from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and promotion of Human Resources, Talent Identification, and Recruiting services.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Strata7 is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act);
- Any content that implicates and/or references personal financial or background information that is protected by the Fair Credit Reporting Act (“FCRA”); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Strata7 or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Louisville, Kentucky before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which HR Affiliates’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Terms & Privacy Policy
HR Affiliates respects your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
HR Affiliates has created this privacy notice to explain how We use information that you may provide while visiting Our website or upon receipt of a SMS/MMS mobile messages and to demonstrate our firm commitment to privacy. HR Affiliates may modify this policy from time to time so We encourage you to check this page when revisiting this website.
The following discloses Our information gathering and dissemination practices for this website and/or SMS/MMS mobile messages. The type and amount of information received depends on how you use the site or receive information.
Website Usage/Information Collection
When you visit the HR Affiliates website, We automatically obtain information from you about the name of your Internet service provider, the browser and type of computer you are using, the website that referred you to us, the pages you request and the date and time of those requests. We use this information on an aggregate basis to generate statistics and measure site activity to improve the usefulness of the site to our visitors. For example, we use this information to track which pages are most popular among visitors as a whole. We do not track the pages you or any individual visitor may look at during a visit to Our site and We do not collect any other information without your knowledge and permission. We do not collect or store personally identifiable information, such as your name, mailing address, e-mail address or phone number, unless you provide that information.
Collection of Personally Identifiable Information
HR Affiliates provides web forms so you may provide your contact information to engage with HR Affiliates to explore Our ability to perform human resources and recruiting services, or to correspond with HR Affiliates. Any information We collect, such as your name, mailing address, e-mail address, type of request you are making and any additional information you provide, is collected and stored by HR Affiliates. The information is used to fulfill your service request and track aggregate information about usage of these features. HR Affiliates makes every effort to ensure the secure collection and transmission of your sensitive information using industry accepted data collection and encryption methodologies, such as SSL (Secure Sockets Layer).
HR Affiliates’ Sharing of Personally Identifiable Information
Text messaging originator opt-in data and consent will not be shared with any third parties for the purpose of sending automated text messages.
The HR Affiliates website will not post your personal contact information, including e-mail address, street address and phone numbers, without your consent. Without such consent, website staff will withhold posting personal contact information for that individual.
Data Obtained in Connection to Mobile Messaging
Data obtained from you in connection with HR Affiliates’ SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and provide the services you request from us.
Data Collected via Mobile Application
HR Affiliates may collect information about a user’s device, including the model and manufacturer of the device and the operating system.
Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user. The HR Affiliates website uses a cookie for measuring aggregate web statistics, including number of monthly visitors, number of repeat visitors, most popular Web pages and other information. HR Affiliates will also use cookies to facilitate your online visit by maintaining data that you provide for online activism activities so that you will not need to resubmit certain information. HR Affiliates does not use cookies to track what specific pages an individual site visitor views.
Geolocation Data
If you choose to provide location data via a location-based service feature on our website or to enable location services for a HR Affiliates mobile application we may collect and use location data as you provide, or as sent from your device, to provide and improve location-based products and services. For mobile applications, you can turn off this functionality at any time by disabling location services in the settings for the application on your device.
Opting Out of E-mail Lists
People who subscribe to e-mail lists via the website will receive periodic updates from HR Affiliates by regular mail, text or e-mail. You may opt out of receiving future information via e-mail or text by using the unsubscribe procedure specified on the e-mail or message.
Security
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. We use Secure Socket Layer (SSL) encryption to protect the transmission of information you submit to us when you use our secure online forms. You are on a secure page when the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer become locked, as opposed to un-locked, or open, when you are just “surfing.”
Corrections/Updating Personal Information
If your personal information changes (such as your ZIP code), or if you wish to have your information removed from our database, contact us and we will endeavor to provide a way to correct, update or remove that personal data provided to us.
Contact Us
If you experience technical problems with the operation of this web site or SMS/MMS mobile texts, contact us.