The platform software (“software”) licensed by CareerBook, LLC (“CareerBook”) provides mobile device management and consists of two elements: (1) the CareerBook Console which allows communication and control functions with smartphones or mobile devices to be monitored and (2) a software agent or other method that facilitates communication with the CareerBook Console licensed by our customers. The privacy considerations for customers who license the CareerBook software to perform enterprise-wide mobile device management (“Customers”) and the privacy considerations for those on whose mobile devices are being monitored (“Individuals”) are both discussed in this Policy.
Account Information: As a Customer of CareerBook, we only collect private information that you voluntarily provide us. In cases where necessary, CareerBook collects certain information that is necessary to fully service your CareerBook account. As a Customer, you may be asked to provide information that is needed in order to create your CareerBook account and fulfill our service commitment to you such as your name, address, phone number, and e-mails address. If you choose to register with us for a promotional event we will also collect your credit card information. We treat any personal information that you provide to us as highly confidential. CareerBook may use this personal information for editorial and feedback purposes, marketing and promotional purposes, for statistical analysis and for product development. Your personal information, however, will never be sold to any company nor will it be shared with third parties, unless specifically stated otherwise in this policy or as required by law.
Use of Account Information: In addition to other specific instances described herein, CareerBook may use information collected for the purposes that include the following:
- In instances where CareerBook and a partner jointly promote the CareerBook service, CareerBook may provide that partner certain information, such as name and e-mail address, for the sole purpose of allowing CareerBook and the partner to evaluate the promotion
- CareerBook may use your information to disclose summary information to strategic and business partners: the summary information is obtained by combining data from many individuals with the name and other identifiers removed
- CareerBook also may create aggregate reports on user demographics and traffic patterns. This information may be used to negotiate with service providers who complement the CareerBook service or assist us in our efforts to expand our customer base
CareerBook uses the information in order to provide services and may perform auditing, research, and analysis in order to maintain, protect, and improve our services, ensure the technical functioning of our network, protect the rights or property of CareerBook or our users, and develop new products or services
Tracking and Location Information: CareerBook may collect and/or track certain information that is derived from your usage of the CareerBook Console such as usage patterns, travel patterns, and Web site page views, and traffic patterns. CareerBook may use this tracking and location information for statistical purposes to improve our products and services and to manage our networks and systems more efficiently. When you access the CareerBook Console, our servers automatically record information that your device sends and these server logs may include: the MAC (Media Access Controller) address from the network card in or used with your device; your web request, Internet Protocol address, browser type, browser language, the date and time of your request; and other information regarding Internet connection activity (such as packets sent and received). This information enables CareerBook to accurately perform our billing functions, monitor and maintain our network, address issues that may arise concerning claims of abuse or inappropriate activity. Some of the information CareerBook collects allows us to differentiate users on our network, and in some cases, we act as a pass-through for certain pieces of personal information in order to obtain authentication to allow for Internet access. Some of the information CareerBook collects allows us to perform our support obligations.
Monitoring Information: The levels of communication and monitoring functionality between your mobile device or smartphone and the CareerBook Console is selected by our Customer who is typically your employer or the company for whom you work as an independent contractor or consultant. In some instances, our Customer asks us to host the CareerBook Console and in other instances our Customer hosts the CareerBook Console. When CareerBook hosts the CareerBook Console, we may collect and/or track certain information that is derived from your usage of the mobile device and may perform other functions. From this console, the administrator can perform partial or complete erasure of data on your device, including restoring the device to its factory default. The information collected and tracked by the CareerBook Console depends upon the system configurations chosen by our Customer. While the following are not required, such information may include, where enabled by the Customer:
- Device identifier and device username
- Status of the mobile device SIM card
- MAC addresses and device serial numbers
- Phone number, signal strength, cell tower, carrier, IMEI#, and other WWAN attributes
- First and last name and email address of device user
- Data usage through WWAN interface (excluding content)
- Transaction history regarding SMS, email and phone calls, excluding the content of messages and calls.
- Device check-out/check-in: tracking who uses which device as well as the physical status of the device at the start of a shift and then again at the end of a shift
- Tracking of associated device assets, including service plan and associated physical equipment (i.e., cradles, etc.)
- Tracking of applications loaded on the device (excluding content)
- Real-time GPS location tracking and mapping, including analysis of location data and history
- Mobile device remote control, including screen capture
The portions of the CareerBook software that allow smartphones and mobile devices to be monitored by the CareerBook Console run in the background of the devices. Individuals are notified that these functions may occur, but may not be aware when these functions are occurring in real time. This information is all made available to our Customer via the CareerBook Console for our Customer’s use in accordance with its own business uses. Some of the information CareerBook collects allows us to perform our support obligations.
CareerBook has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the CareerBook Customer (the data controller). If the Customer requests CareerBook to remove the data, we will respond to their request within 30 business days.
Data Retention: CareerBook will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. CareerBook will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
General Considerations Applicable to Customers and Individuals.
Data Usage: When a device communicates with the CareerBook Console, it results in the transmission of data to and from the mobile device and such transmission of data could result in additional carrier or service provider charges to the Individual. CAREERBOOK DISCLAIMS ANY LIABILITY FOR AND IS NOT RESPONSIBLE FOR ANY CARRIER OR INTERNET SERVICE PROVIDER DATA COSTS OR CHARGES INCURRED BY ANY CUSTOMER OR INDIVIDUAL IN CONNECTION WITH USAGE OF THE CAREERBOOK PRODUCTS.
Correcting and Updating Your Information: As an CareerBook Customer, you are always fully in control of the information that we maintain to service you. CareerBook Customers can change their personal information at any time and as often as necessary by logging into their account or contacting us at info@CareerBook.com. CareerBook Customers also can request to “opt out” and have the data deleted (requests for deletion of certain information may require closing the account). Information about a Customer may be withheld or exempted from deletion if this is required by law, is part of a fraud investigation or is required for accounting and audit purposes. Information regarding individuals is ultimately controlled by the Customer by whom the Individual is employed or for whom the Individual serves as a consultant or contractor. Accordingly, any opportunity to change information or “opt out” is between the Customer and the Individual.
We will respond to all requests for access within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Newsletters: If you are a Customer we will use your name and email address to send our newsletter to you. If you no longer wish to receive our newsletter you may follow the unsubscribe instructions contained in each of the emails you receive.
We use both session ID cookies and persistent cookies: We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. We do not support Do Not Track browser settings.
We employ or our third party advertising partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
As is true of most Web sites, we and our third party tracking-utility partner to gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. Commitment to the Privacy of Your Family. Protecting the safety of minor children when they use the Internet is very important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and other applicable laws. We recommend that children receive permission from a parent before gaining access to the CareerBook service or sending personal information to CareerBook or anyone else online.
Testimonials: We post customer testimonials on our web site which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. If you want your testimonial removed please contact us at info@CareerBook.com.
Third Party Personal Information: When registering for promotional events we may ask you for the names and email addresses of individuals you wish to receive confirmation emails. We will automatically send them a one-time confirmation email. CareerBook stores this information for the purpose of sending this one-time email, tracking the confirmation process, and future communications regarding the event for which you have registered. You may contact us at info@CareerBook.com to request that we remove this information from our database.
Limitation of Liability: CAREERBOOK SHALL NOT BE LIABLE TO ANY CUSTOMER OR INDIVIDUAL FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, REVENUE, DATA, OR DATA USE. CAREERBOOK’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS POLICY, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO $10,000.00.
Security Measures: Your account information is kept confidential and secure via a unique username and password that is selected by you. When you enter sensitive information (such as login credentials) we encrypt the transmission of that information using secure socket layer technology (SSL). Your username and password should be kept confidential because they are the key to accessing the information held by CareerBook about you. You are responsible for keeping your username and password safe and confidential because they are the key to accessing the information held by CareerBook about you. If your computer or other device is accessible to or by others, you should log out of the CareerBook services whenever you leave your computer or other device. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at info@CareerBook.com. Please refer to our Security Notice for other information regarding security measures.
Additional Information: We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will announce the proposed material change by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Your use of this CareerBook, LLC website is subject to the terms of a legal agreement between you and CareerBook, LLC (“CareerBook,” “our,” or “we”), the terms and conditions of which are set out in this Legal Notice. Unless otherwise agreed in writing with CareerBook, your agreement with CareerBook will always include, at a minimum, the terms and conditions set out in this Legal Notice. In cases where you have a separate written agreement with CareerBook, the terms and conditions set forth in that agreement are also applicable. You may not use our website without agreeing to the terms and conditions set out in this Legal Notice and your use of the our website constitutes (and will be treated by us as acceptance) of the terms and conditions set out in this Legal Notice.
The information, materials, images, documents, and any derivative works thereof (the “Materials”) that you view on or obtain through this CareerBook website are the property of CareerBook, its affiliates, suppliers, licensors, representatives, and/or agents. You acknowledge and agree that the Materials are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist). For example, CareerBook, LLC owns a copyright in the selection, organization, arrangement and enhancement of the Materials, as well as in the Materials original to itself. Third parties whose Materials appear on this website own the copyright in the Materials original to them. The look and feel of this website, including our color combinations, button shapes, images, organization, and other graphical elements, are copyrighted and trademarked by us. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by us in writing or unless expressly authorized by this Legal Notice.
Provided you comply with this Legal Notice, we grant you a nonexclusive, non-transferable license to view and print the Materials solely for your own personal non-commercial use and this Legal Notice only grants you the right to use the Materials under the terms and restrictions specified herein and you do not, and will not, acquire any other right, title or interest in the Materials. You may not commercially exploit the Materials or the underlying data. Without limiting the foregoing, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without our prior written consent and you shall not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, reverse assembly, de-compilation, reverse compilation, or any other means. You shall use the Materials and this website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. We and our licensors retain all ownership rights in the Materials and you do not receive any ownership rights in the Materials. You may not alter or remove any copyright notice, trademark designation, or proprietary legend contained in or on the Materials.
You acknowledge that any breach of the portions of this Legal Notice related to our intellectual property rights may give rise to irreparable harm to CareerBook for which the granting of monetary damages would be an inadequate remedy. You therefore acknowledge and agree that, if you breach the portions of this Legal Notice related to our intellectual property rights, CareerBook shall be entitled, in addition to all other available remedies, to seek interlocutory, interim and permanent injunctions or other appropriate orders to restrain any continued breach of these guidelines without having to prove that actual damage has been sustained by CareerBook. You further acknowledge that breaches by you of this Legal Notice will give rise to rights of action in CareerBook to enforce the terms and conditions of this Legal Notice, including all rights arising under copyright, trademark, patent, trade secret, and other proprietary rights and laws. You agree that, if we do not exercise or enforce any legal right or remedy which is contained in this Legal Notice (or as to which we have the benefit under any applicable law), this will not be taken to be a formal waiver of CareerBook’s rights and that those rights or remedies will still be available to CareerBook.
We make every effort to ensure the accuracy and quality of the Materials on our website, but we make no warranty as to the accuracy or completeness of the Materials. Our website may contain references and links to other sites on the World Wide Web and we do not endorse or maintain these sites or the information provided on them. Neither we, nor our affiliates, representatives, and/or agents (i) assume any responsibility or liability for obscene, incorrect, defamatory, or other improper or illegal material that may reside elsewhere on the World Wide Web and accessed through or from our web site or (ii) make any warranty or endorsement regarding the quality of products and services offered, promoted, contained, or distributed through these sites.
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAREERBOOK, LLC, ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, REPRESENTATIVES, AGENTS OR RESELLERS (COLLECTIVELY, THE “CAREERBOOK GROUP”) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, SECURE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY CAREERBOOK, LLC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, OR AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
Please note that the Materials may include technical inaccuracies or typographical errors. We are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and/or the Materials. We have the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the website or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or Materials on any particular device or communications service. We have no obligation to provide you with notification of such changes.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE CAREERBOOK GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE CAREERBOOK GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE CAREERBOOK GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS WEBSITE.
It is recommended that you print a copy of this Legal Notice locally and retain it in your files. It should be noted that we may change, modify, or update this Legal Notice at any time by posting the new version on our website. The terms and conditions of this Legal Notice, as amended from time to time, constitute the entire agreement between you and CareerBook regarding the use of our website.
In the event that CareerBook or another party has provided you with a translation of this Legal Notice from the English language to another language, you agree that such translation is provided for convenience only; that the English language version of this Legal Notice govern the relationship between you and CareerBook; and, if there is any contradiction between what the English language version of this Legal Notice and the such translation, the English language version shall take precedence. All disputes arising under this Legal Notice shall be resolved in the English language. This Legal Notice will be governed by and construed in accordance with the laws of the state of Georgia, excluding its principles of conflicts of law. You and CareerBook each submit exclusive jurisdiction of the courts located in Orange County, Florida for the resolution of legal matters arising out of this Legal Notice. Notwithstanding the previous sentence, you agree that it shall be nevertheless permissible for CareerBook to apply for injunctive remedies (or similar forms of emergency legal relief) in any jurisdiction.
Security Notice and Liability Disclaimer
If you have an account with CareerBook, LLC (“CareerBook”), your account information is kept confidential and secure via a unique username and password that is selected by you. You are responsible for keeping your username and password safe and confidential because they are the key to accessing the information held by CareerBook about you. If your computer or other device is accessible to or by others, you should log out of or disconnect from CareerBook websites or services whenever you leave your computer or other device.
There are potentially serious security issues with any computer connected to the Internet without the appropriate protection, regardless of whether the connection is made through a wireless network, a cable modem, dial-up access, or otherwise. These security issues range from viruses, worms, and other programs that can damage the user’s computer to attacks on the computer by unauthorized or unwanted third parties (hackers). Some of the risks of compromised security include unprotected files on the computer becoming exposed to third parties who may have criminal intent and malicious damage to a user’s computer or even a whole company’s network, up to and including the destruction or deletion of files or the re-formatting of drives. It is recommended that any user connecting to the Internet via a wireless connection use Virtual Private Network system to protect their personal information, although even that may not protect from eavesdropping and other types of attacks. Note that security on the internet is a rapidly changing landscape with new attacks springing up often. All users should also consult a security expert to determine whether there are any potential security holes in their computer’s configuration. The suggestions given herein are provided as a courtesy and do not replace specific personalized advice provided by your network administrators, company computer security personnel, or other security experts with whom you may be working.
While there is no such thing as “perfect security” and CareerBook cannot guarantee the prevention of the loss, misuse, or alteration of data, we take industry-standard measures to protect such loss, misuse, or alteration of data. CareerBook uses physical, electronic, and procedural safeguards to reduce the likelihood of accidental disclosures and unintended access of customer information. All employees, contractors, and other companies engaged by CareerBook are contractually required, through signed, internal non-disclosure agreements, to keep customer information confidential and not to use it in any way other than what is necessary to perform their work for CareerBook. Violations of these policies can result in termination in the case of employees, the severing of contractual obligations in the case of contractors and other companies, and in civil and criminal penalties if warranted and applicable by law. Security is also provided through your web browser, which supports 40, 56 or a 128-bit version of encryption with the SSL (Secure Sockets Layer) security protocol. When you visit any CareerBook website, your personal account information is encrypted when transmitted across the Internet, using the highest degree of security applicable with the SSL security protocol.
CAREERBOOK, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, REPRESENTATIVES, AGENTS OR RESELLERS (COLLECTIVELY, THE “CAREERBOOK GROUP”) SPECIFICALLY DISCLAIM ANY LIABILITY FOR UNAUTHORIZED THIRD-PARTY SECURITY BREACHES OR THE RESULTS THEREOF. THE CAREERBOOK GROUP PROVIDES ITS WEBSITES ON AN “AS IS” BASIS WITH ALL RISKS INHERENT IN SUCH ACCESS AND ACCESS IS PROVIDED WITHOUT WARRANTY OF ANY KIND AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITES ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY CAREERBOOK, LLC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, OR AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THE CAREERBOOK WEBSITES AND THE MATERIALS IS SOLELY AT YOUR OWN RISK. BY CONNECTING TO ANY CAREERBOOK WEBSITE, YOU ACKNOWLEDGE THE RISKS ASSOCIATED WITH PUBLIC ACCESS TO THE INTERNET AND HEREBY RELEASE AND INDEMNIFY THE CAREERBOOK GROUP FROM ANY DAMAGES THAT MIGHT OCCUR.
CareerBook reserves the right to change this Security Notice at any time. By using any CareerBook Website, you are acknowledging and accepting all terms and conditions outlined in this Security Notice and acknowledging that it may change from time to time.