Arootah Privacy Policy
Effective Date: May 19, 2023
Introduction
Welcome! At Arootah LLC (“Arootah,” “we,” “us,” or “our”), your privacy is our top priority. Any data that we collect, directly or indirectly, is done with the intention of creating a better user experience. We created this privacy policy (“Privacy Policy”) to be as transparent as possible about how we process the information we collect, use, and share from our visitors, subscribers, and users when you visit, use, access, make a purchase from or otherwise interact with us at arootah.com (the “Site”), and our software and mobile applications (including, without limitation, our software application Habit Coaching App located at: app.arootah.com/login) (collectively, our “Services”).
In addition, this Privacy Policy explains the rights and choices available to individuals with respect to their personal information. By accessing or using the Services, or otherwise manifesting your assent to this Privacy Policy, you acknowledge that: (i) you have read, understood, and agree to be legally bound by the terms and conditions of this Privacy Policy along with all terms and conditions set forth within the User Terms and Conditions located at: arootah.com/user-terms-and-conditions, the Client Services Agreement located at: arootah.com/client-services-agreement, the Waiver and Release of Liability located at: arootah.com/waiver-and-release-of-liability, and FAQ located at: arootah.com/faq (collectively, the “Agreement”); (ii) you represent and warrant that you own or control the mobile device in which the mobile application will be installed (if applicable); and (iii) you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all its terms and conditions.
If you do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, you are not permitted to access or use the Services (including, without limitation, the Site or the Habit Coaching App). By accepting or agreeing to this Agreement on behalf of a company or other legal entity, or a parent or legal guardian on behalf of a minor, you represent and warrant that you have the authority to bind that company or other legal entity, or minor to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity or minor (as applicable). We may amend the terms and conditions of this Privacy Policy and the Agreement from time to time. Your continued use of any of Arootah’s Services after we post any such amendments will signify your acceptance of such amendments. If you do not agree with any amendment, you must immediately discontinue using the Services. If you have any questions or concerns regarding the terms or conditions herein, please email us at help@Arootah.com.
Do not use the Services until your questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of this Agreement. If you do not agree with this Privacy Policy, or to be bound by any changes that we may make in sole discretion from time to time (as further detailed below), you must stop using this Site, effective immediately.
Note for California Residents: If you are a resident of the State of California and would like to opt out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: info@arootah.com. Please be advised that where California residents opt out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law (as further detailed below).
THE SECTIONS BELOW TITLED “DISPUTES & BINDING ARBITRATION,” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Personal Information Arootah Collects and the Purposes?
Your Personal Information Rights and Controls
Does Arootah Share Personal Information?
How is Personal Information Stored?
Links to Third-Party Sites
Protecting Children’s Privacy
General Data Protection Regulation (GDPR)
California Consumer Privacy Act (CCPA)
Candidate Policy
Conditions of Use, Notices, and Revisions
Reviewing, Correcting, or Deleting Your Information
Applicable Law and Disputes
Class Action Waiver
Equitable Relief
Miscellaneous
Contacting Us
Personal Information Arootah Collects and the Purposes
The tables below explain the categories of information we collect and the purposes for which we use them. Each Arootah Service’s collection and use may vary. Please note that we may use any or all of this information to comply with the law, detect or prevent fraud, for safety and security purposes, and to defend our legal rights. Further detail about each of the purposes is set out in the “Additional Information on Purposes” table below.
We collect personal information that you enter on our Site or otherwise volunteer to us when you contact us to, among other things, make purchases, request information, or register for or attend our programs. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.
| Information you provide to us: | |
|---|---|
| Categories of personal information we collect | Purposes of use (“Processing Purposes” described in more detail below) |
| Contact and account registration information For example: name; e-mail address; postal address; telephone number; account username and password; business contact information; and any information you may provide to us at an event or in person. |
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| Identification information, demographics, education, habits, and interests For example: as permitted by law, date of birth; age; race*; ethnicity*; gender; interests; lifestyle information; professional data; educational background; school information; photos; social media credentials, including, without limitation, identification information about friends, contacts, or referrals you may provide. |
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| Transactional “Order Information” For example: credit/debit card details; purchase history; delivery address; credit history information; and membership information. |
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| User-Generated content For example: photos; videos; audio; and other information you may submit to us from time-to-time. |
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| Research and feedback For example: comments that you send to us through social media platforms, by e-mail, over the phone, by mail, or in surveys. |
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Information you provide to us:
We also automatically collect and store certain types of information about your use of our Site, including information about your interaction with content and services available through Arootah as described in more detail below:
| Information we collect automatically from you or your device: | |
|---|---|
| Categories of personal information we collect | Purposes of use (“Processing Purposes described in more detail below) |
| Device information and identifiers For example: IP address used to connect your Internet-connected device; location of your device; login, e-mail address; password to our Site; cookie** IDs, browser type, version, and language; operating system; platform type; device type; advertising and app identifiers; and the full Uniform Resource Locator (“URL”) clickstream to, through, and from our Site, including date and time; products and content you viewed or searched for; page response times, download errors, length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs). |
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| Connection and Usage (including information collected through cookies) For example: domain names, browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an e-mail, content you view and duration, quality of the service and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded to us when you next connect. |
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| Geolocation* For example: city, state and ZIP code associated with your IP address or derived through Wi-Fi triangulation. We will ask for your permission before using your precise location from GPS-based functionality on your mobile devices. |
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Information we collect automatically from you or your device:
** Like many websites, when you visit our Site we may send a cookie or GIF file (“Cookie”) to assign an anonymous, unique identifier to the applicable end-user’s Internet browser. To be clear, a Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience with our products and services.
When you visit a website, that website’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites.
By using our Site you consent to our use of such cookies and other such unique identifiers in accordance with this Privacy Policy. We reserve the right to retain Cookie data indefinitely.
We use cookies to personalize your experience on our Site, collect aggregate data about how our Site is used by users, control the display of advertisements, offer other products and services personalized to you, and improve the performance of our Site in order to provide you with a better user experience.
We reserve the right to use cookies and their technological equivalents, including social media pixels. These pixels allow social media websites and apps to track visitors to outside websites to tailor advertise messages users see while visiting that social media website or app. Arootah reserves the right to use these pixels in compliance with the policies of the various social media sites.
You may block our use of cookies through the settings on your web browser. However, in order to use the services offered on our Site your web browser must accept cookies. If you choose to block the use of cookies from our Site, certain aspects of the Site may not work properly and you may not be able to access or use all of the features and services we provide.
Please be advised that the use of technology on the Internet, including Cookies, is rapidly developing. Accordingly, we strongly encourage you to revisit this Privacy Policy for any updates regarding our implementation and use of any such new technological developments. Additionally, to find out more about Cookies, please visit www.cookiecentral.com. To disable and reject certain Cookies, please follow the instructions associated with your Internet browser.
For clarity, whenever you make a purchase or attempt to make a purchase through the Site, we will collect the following information from you: your name, billing address, shipping address, payment information (including credit card numbers, e-mail address, and phone number). We refer to this information as “Order Information”.
We also may receive information about you from third parties who operate services Arootah uses in order to provide our products and services to you. We work closely with third parties, including, for example, business partners, promoters, affiliates, and subcontractors in technical, payment and delivery services, advertising networks, marketing analytics providers, promotions, and search information providers.
| Information we collect from third parties: | ||
|---|---|---|
| Categories of personal information we collect | Purposes of use (“Processing Purposes described in more detail below) | Source of information |
| Information from public and commercial sources For example: demographics (e.g., household level, contact information, inferences about your preferences, and purchasing data). |
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| Social Media Information For example: if you interact with us through a social media service or log in using social media credentials, depending on your social media settings, we may have access to your information from that social network such as your name, e-mail address, friend list, photo, age, gender, location, birthday, social networking ID, current location city, your comments about our Services, and the people/sites you follow. |
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| Third Parties providing the Arootah Services For example: contact information such as authentication information, account legitimacy, search requests, log events and device identifiers such as IP addresses, device IDs or other unique identifiers. |
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Information we collect from third parties:
* Please note: this information is considered “sensitive” under certain laws, and we process this information in accordance with applicable legal requirements.
| Additional information that we collect for business-to-business relationships only: | ||
|---|---|---|
| Categories of personal information we collect | Purposes of use (“Processing Purposes described in more detail below) | Source of information |
| Business contact information For example: company name; and your name, e-mail address, and job title. |
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| Transactional information For example: bank details of suppliers, credit/debit card details, purchase history, delivery address. |
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| Due diligence information For example: contact information; nationality (as permitted by law); job title; age; date of birth; gender; country of residence; employment and education information; personal and professional affiliations; connections to criminal activities or offenses related to moral turpitude. |
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| Events Information For example: travel information; and payment details. |
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| Social Media and Lifestyle Information For example: if you interact with us on social media or other platforms, we may have access to your full name; photos; age; gender; location; birthday; social networking ID; current city; interests; lifestyle information; list of followers; engagement with your posts; and school information. |
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| Additional information on purposes of use |
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Provide the Services, for example:
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Personalize your experience, for example:
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Send you marketing and advertising:
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Build and manage business-to-business relationships, for example:
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Market and advertise for third parties, for example:
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Compliance and risk management activities for business-to-business relationships, for example:
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Safety and security purposes, for example:
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Your Personal Information Rights and Controls
Privacy laws give certain rights to individuals over their personal information. Some rights only apply when we use certain ‘legal basis’ to process your personal information.
The table below explains:
- Your rights
- The circumstances when they apply (such as the legal basis required)
- How to use them
| It’s your right to… | How? | |
|---|---|---|
| Be informed | Be informed of the personal information we process about you and how we process it. |
We inform you:
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| Know/ Access | Request to know and access the personal information we process about you. | You can request a copy of your personal information by Contacting Us |
| Correction | Request that we amend or update your personal information where it’s inaccurate or incomplete. | You can edit your personal information by Contacting Us |
| Deletion |
Request that we delete certain of your personal information.
There are situations where Arootah is unable to delete your data, for example when:
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You can delete personal information by Contacting Us |
| Right to Limit | Under California law, request that we limit the processing of sensitive personal data if we are using or disclosing it for purposes other than those specified in Section 7027(m) of the CCPA Regulations. | Currently, we are not using or disclosing any sensitive personal data for purposes other than those specified in Section 7027(m) of the CCPA Regulations. |
| Restriction |
Request that we stop processing all or some of your personal information.
You can request that we stop this processing temporarily or permanently. |
You can exercise your right to restriction by Contacting Us |
| Object |
Object to us processing your personal information.
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You may exercise your right to object by Contacting Us |
| Data portability | Request a copy of your personal information in electronic format and the right to transmit that personal information for use in another party’s service. You can request us to transmit your data when we are processing your personal information on the legal bases of consent or performance of contract. However, Arootah will try to honor any request to the extent possible. |
For information about how to exercise the right to portability, see ‘Access’ above. |
| Withdrawal of consent | Withdraw your consent to us collecting or using your personal information. You can do this if Arootah is processing your personal information on the legal basis of consent. |
You withdraw your consent by Contacting Us |
How is Personal Information Stored?
The security of your personal information is important to us. We use reasonable and appropriate measure to protect this information from loss, misuse, and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the personal information we collect.
We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example, if you have made a complaint about a product or service) for as long as is necessary to protect us from a legal claim.
You may unsubscribe from any of our online e-mail updates and marketing by following the unsubscribe instructions in the body of any e-mail message we have sent to you. We will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information from us by postal mail for up to 60 days, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom we have previously disclosed your personal information.
Links to Third–Party Sites
Our Site may include advertising and links to third-party websites. We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Site. If you follow a link to third-party websites, please note that these websites are not covered by this Privacy Policy. We are not responsible for the privacy practices of any third parties or the content of linked sites although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.
Protecting Children’s Privacy
We are strongly committed to protecting the safety and privacy of children who visit our Site. Our Site is not designed nor is it intended to be used by children under 13, and we do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Our Site includes content that we believe to be unsuitable for children under 13, and we encourage all parents and legal guardians to talk to their children about online safety and to monitor their children’s use of the Internet.
General Data Protection Regulation (GDPR)
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (GDPR).
Purpose and Legal Basis for Processing Your Personal Information
The purpose and legal basis for processing your Personal Information will typically be one of the following:
- Our own legitimate business interests, provided they don’t outweigh your rights or freedoms;
- The performance of a contract that we have in place with you;
- Your consent where appropriate; or
- Compliance with our legal obligations, including to meet national security or law enforcement requirements.
We may disclose your personal information to related companies and third parties as described in this Privacy Policy; however, we do not share your personal information with third parties for them to market their products or services to you without having obtained your prior opt-in consent. If you give consent for such sharing, you may revoke it any time.
We do not knowingly collect personal information from children under the age of 16.
Data Retention
We will retain any information you choose to provide to us until the earliest of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) our decision that the value in retaining the information is outweighed by the costs of retaining it.
International Transfer
Arootah is based in the United States. Your personal information may be processed or stored in the United States and other countries which may not have equivalent privacy or data protection laws. By using our Site you knowingly consent to these transfers.
Your Rights
You have the right to request access to your data that Arootah stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to Arootah’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
To exercise these rights please e-mail us at info@arootah.com.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
California Consumer Privacy Act (CCPA)
If you are a California consumer, you are entitled to certain information and have certain rights under the California Consumer Privacy Act (CCPA).
Pursuant to the CCPA, we are providing the following additional details regarding the categories of personal information about California residents that we have collected or disclosed within the preceding 12 months.
(1) We collected the following categories of personal information:
Identifiers, such as name, contact information and online identifiers;
- Personal information and online identifiers, as defined in the California customer records law, such as name, contact information and financial information;
- Protected classifications under California or federal law, such as sex, age and race;
- Commercial information, such as transaction information, purchase history, financial details and payment information;
- Internet or network activity information, such as browsing history, online behavior, interest data and interactions with our Site;
- Geolocation data, such as device location and IP location;
- Audio, electronic, visual or similar information, such as images and audio, video or call recordings created in connection with our business activities;
- Professional or employment-related information, such as work history; and
- Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
- We collect this personal information from you and from other categories of sources, including publicly available databases, joint marketing partners, social media platforms and third-party service platforms, and our business customers, clients and partners, when they share this information with us.
We may use this personal information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, using personal information to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.
(2) We disclosed the following personal information to third-parties for our operational business purposes:
- Personal information and online identifiers, as defined in the California customer records law, such as name, contact information and financial information;
- Protected classifications under California or federal law, such as sex, age and race;
- Commercial information, such as transaction information, purchase history, financial details and payment information;
- Internet or network activity information, such as browsing history, online behavior, interest data and interactions with our Site;
- Geolocation data, such as device location and IP location;
- Audio, electronic, visual or similar information, such as images and audio, video or call recordings created in connection with our business activities;
- Professional or employment-related information, such as work history; and
- Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
We share personal information with our service providers for services such as website design and hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, e-mail delivery, ad serving, research survey/interview/focus group management and analysis, marketing, and auditing.
(3) We have “sold” the following categories of personal information:
For purposes of this Privacy Policy, “sold” or “sale” means the disclosure of personal information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business. We generally do not “sell” your Personal Information, except in a few limited cases to support our business operations (e.g., e-mail addresses to correct and enhance our contact lists).
If you are a California resident, you have the right to request that Arootah disclose what personal information it has collected, used, disclosed, and sold over the 12-month period preceding the Arootah’s receipt of such a request. To exercise this right, please e-mail us at info@arootah.com.
You have the right to request the deletion of their personal information collected or maintained by the Arootah. To exercise this right, please e-mail us at info@arootah.com.
You have the right to not be discriminated against because the consumer exercised any of the consumer’s rights under the CCPA.
California Consumer Rights
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at (916) 445-1254 or toll-free at 1-800-952-5210; or by e-mail to dca@dca.ca.org.
For more information about protecting your privacy, you may wish to visit: www.ftc.gov.
Candidate Policy
We are committed to protecting the privacy and security of the personal information of our job applicants. We will collect data directly from you when you express interest in us as a potential employer or apply to work with us. We may also collect data about you indirectly, where you have made it publicly available on external sources such as LinkedIn or job boards, but we will only continue to process this data if you agree. We collect, store, and use your personal information so that we can keep in touch with you and, if applicable, consider and process your application. We refer to this type of information as “Candidate Information”. This includes:
- Prospective Candidates: If you express interest in us as a potential employer and want us to keep in touch with you and notify you of potential roles, you may provide us with information such as your name, contact details, location, areas of interest and resume/CV.
- Application information: When you apply for a role through our website, we offer ways for you to import your resume/CV, and we also ask some screening questions. The information we collect this way may include, your name, telephone number, personal e-mail address, education history, work history, qualifications, cover letter, transcripts, portfolio/work samples, work authorization, or any other information that you choose to provide, and roles that you have applied to.
- Interview information: Any information that you provide to us during or in connection with the interview process.
- Surveys: Any information that you provide to us through optional feedback surveys.
- Background checks: Background screening results. For certain roles, this may include screening of publicly available social media profiles. References: Current and previous employer and/or personal references.
How We Use Candidate Information:
(1) In certain jurisdictions, on the basis that it is necessary for our legitimate interests as listed below, where not overridden by your data protection rights under applicable law:
- Receiving, reviewing, managing, and administering job applications.
- Processing your application, including assessing your skills, qualifications, and suitability for the role so that we can decide whether to take your application further or invite you to apply for other roles either at the time or in the future.
- Conducting background and reference checks to validate your qualifications and experience and assess your suitability for the role, where applicable.
- Communicating with you about the recruitment process.
- Improving our application process, to ensure that our application process is as user-friendly and effective as possible. This might include collecting information from you through voluntary surveys. Your choices in relation to surveys have no bearing on the selection process for any vacancy at Arootah.
- Keeping records relating to our recruitment processes.
- Data analytics and reporting to help us visualize and monitor the effectiveness of our recruitment processes, identify trends, improve our processes, and allocate our resources effectively.
- Protecting our legitimate business interests and legal rights, and legal compliance, including use in connection with legal claims (including disclosure of such information in connection with legal process or litigation), compliance, regulatory, auditing, investigative, fraud prevention and reporting purposes.
(2) Where you have provided your consent, including: If you are a prospective candidate, retaining your data to review your skills, experience, and interests and to assess your suitability for, and notify you of, roles that might be of interest to you. You can ask us to delete your data at any time.
(3) Where necessary for us to administer any future contract of employment with you, if applicable.
(4) Where necessary to comply with a legal obligation.
If you fail to provide information when requested, and that information is necessary for us to consider your application (e.g., evidence of qualifications or work history), your application will be discontinued.
Who Could My Information Be Disclosed To?
- Within Arootah: Candidate Information will be shared with people within Arootah who have a “need to know” the information in connection with the recruitment process. We also share Candidate Information with personnel within the organization that manage and support the recruitment process, such as Talent Acquisition, Human Resources, HR Operations, Finance, and Legal. In order to consider your application, we may therefore process and transfer your information within the organization.
- Service Providers: We use third party service providers to assist with the recruitment process, including the collection, processing, and validation of Candidate Information. We do not allow our third-party service providers to use your data for their own purposes. We only permit them to process it for specified purposes and in accordance with our instructions, and they are required to keep it confidential. For clarity, our service providers are required to take appropriate security measures to protect Candidate Information in line with our privacy and data security standards.
- Other third parties: Generally, Arootah will only disclose Candidate Information to third parties other than service providers when required to do so by law, regulation, or legal process, in response to a legitimate request for assistance by the police or other law enforcement agency or to seek legal advice from our external lawyers or in connection with litigation.
How Long Do We Keep Your Information, And How Do We Protect It?
(1) Retention: We will keep your information for as long as we need to fulfill our legitimate interests, to process your application and any following employment contract or to meet legal requirements, unless a longer retention period is required or allowed under applicable law. After this we will take steps to delete your information or hold it in a form that no longer identifies you.
(2) Security: We maintain procedural, technical, and physical safeguards to help protect against the loss, misuse, or unauthorized access, disclosure, alteration, or destruction of Candidate Information. These safeguards vary depending upon the sensitivity of the information we collect and store. Please be aware that no security solutions are infallible.
Your Rights
If you are a California resident, you have the right to request (i) Access to the Candidate Information we hold about you; (ii) Correction of the incomplete or inaccurate Candidate Information we hold about you; and (iii) Deletion or removal of any Candidate Information we hold about you. You or your authorized agent can make such a request on your behalf by contracting us at the e-mail address below. You have the right not to be discriminated against for exercising your rights. California law places certain obligations on businesses that “sell” personal information to third parties or “share” personal information with third parties for cross-context behavioral advertising. We do not “sell” or “share” the personal information covered by this policy and have not done so in the twelve months prior to the effective date of this policy.
In certain instances, applicable local laws may allow us legitimately and properly to refuse some of these requests; for instance, to comply with applicable legal obligations, to protect the legitimate rights of third parties or to preserve the confidentiality of management deliberations.
If you would like to exercise any of your data rights, or if you have a concern about how we have used your personal information, please send an e-mail to info@arootah.com. We will respond to your questions within the time frame required under applicable data protection laws.
We also will take reasonable steps to verify your identity (and, if applicable, your agent’s authorization) before responding to a request. In doing so, we may ask you for verification information so that we can match at least two verification points with information we maintain in our files about you. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you.
Where local law provides, you may have the right to make a complaint at any time to a data protection authority or regulator about our collection and use of your personal information. However, before doing so, we would encourage you to first contact us directly to allow us an opportunity to resolve any concerns you may have.
Conditions of Use, Notices, and Revisions
If you choose to use our Site, your use and any dispute over privacy is subject to this Privacy Policy and our User Terms, including limitations on damages, resolution of disputes, and application of the law of the state of New Jersey. If you have any concern about privacy practices at Arootah, please contact us at info@arootah.com with a thorough description, and we will try to resolve it.
As our business changes and evolves, our Privacy Policy may change also. You should check this Site frequently to see recent changes, which shall be effective upon their posting. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.
Reviewing, Correcting, or Deleting Your Information
If you would like to know if we have any of your personal information in our database, would like to review, correct or delete any such personal information that we have collected from you, or if you no longer wish to continue your service with us, please e-mail us at info@arootah.com.
Please note that in order to protect your privacy and security we will take reasonable steps to help verify your identity before granting any access for purposes of review, making corrections or deletions.
Applicable Law and Disputes
You agree that any dispute arising under, relating to or in any way connected with this Privacy Policy, the Services, the Agreement, or Arootah’s products and services must be submitted to binding arbitration in accordance with the then-current Commercial Arbitration Rules & Procedures of JAMS in New Jersey. All arbitration proceedings shall be confidential and New Jersey law shall apply, except that the Federal Arbitration Act shall apply in regard to the interpretation and application of this arbitration provision.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of our User Terms as a court would.
ANY CLAIMS, ACTIONS, OR PROCEEDINGS BY YOU MUST BE COMMENCED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR CLAIM OCCURS. ALL OTHER CLAIMS YOU MAY HAVE ARE PERMANENTLY BARRED.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
Miscellaneous
This Agreement and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of law’s provisions. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision therein. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject. All section headings contained in this Agreement are for convenience of reference only and will not affect the meaning or interpretation of this Agreement. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Contacting Us
This Site is owned and operated by Arootah, Inc. If you have any questions or suggestions with respect to this Privacy Policy or our privacy practices, please contact us: (i) via e-mail us at info@arootah.com; (ii) via physical mail at: Arootah LLC, 1740 Broadway, 15th Floor, New York, NY 10019; or (iii) by phone at: 646-829-9072.