TERMS OF SERVICE
This page explains the terms and conditions by which you may use the website (the “Site”) http://marekhealth.com. Marek Health, a Michigan limited liability company (“Marek,” “we,” “us,” or “our”), operates the Site. Your use of the Site is governed by these Terms of Service (the “Terms”), and any additional written terms that you agree to with us (the “Agreement”).
This Agreement apply to all visitors, users, and others who access or use the Site (“Users”).
1. Acceptance of Agreement.
By logging into the Site, you, on behalf of yourself and those that you represent (“you” or “your”), acknowledge that you have read and understood the Agreement, accept the Agreement, and agree to be bound by it.
2. Use by Minors.
3. Limitations of License.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by this Agreement and the features of the Site. Marek reserves all rights not expressly granted herein in the Site and its Content (as defined below). Marek may terminate this license at any time for any reason or no reason.
4. Changes to the Site.
Marek may, without prior notice and without liability to you: (i) change the Site or (ii) stop providing the Site or features of the Site, to you or to Users generally. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
5. Site Location.
The Site is controlled and operated from facilities in the United States. Marek makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States and Canada.
6. Proprietary Rights.
Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, and videos (the “Marek Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Marek. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Marek Content. Use of the Marek Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. Indemnity. You agree to defend, indemnify and hold harmless Marek and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via the Site including without limitation misleading, false, or inaccurate information; or (vi) your willful misconduct.
8. Entire Agreement and Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Marek in connection with the Site, shall constitute the entire agreement between you and Marek concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
9. Governing Law. This Agreement and any controversy related to this Agreement shall be interpreted in accordance with and governed by the laws of the state of Michigan, or, as appropriate, by federal law as applied by a federal court sitting in Michigan, both without regard to Michigan choice of law rules.
10. No Warranty. The Site is provided “As Is,” “As Available,” and “Where Available” and without warranties of any kind and, to the maximum extent permitted by law, Marek’s liability to you is limited.
11. Modification. Marek reserves the right to modify this Agreement in its sole discretion and will provide notice of these changes as described below.
1. PERSONAL INFORMATION WE COLLECT
We may collect personal information when you when you visit the Site, or otherwise communicate with us. The personal information we collect could include your name, phone number, email address, and mailing address.
Usage and Device Information
To provide a personalized and high-quality experience for our users, we may use various technologies that automatically record certain technical information from your browser or device when you visit our website, read our emails, use our Site or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “tracking technologies”). These tracking technologies cookies collect information about how you use the Site (e.g., the pages you view, the links you click and other actions you take on the Site), information about your browser and online usage patterns (e.g., Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email , links clicked), and information about the device(s) you use to access the Site (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the Site from multiple devices). We may also collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Site. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.
We use or may use the data collected through tracking technologies to secure the Site, improve the Site, to save you time, to provide better technical support, and to track website usage. For example, tracking technologies help us to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) to identify you across multiple devices; (d) to provide and monitor the effectiveness of our Site; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our website and our Site; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in, and (h) otherwise to plan for and enhance our Site.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.
2. SHARING OF YOUR INFORMATION
Marek takes great care to protect the information you provide us. Marek will disclose your personal information when you consent or instruct us to share your information with third parties, or when we have a legitimate business or legal need to share your information. We may also disclose anonymous or aggregate information that does not reasonably identify you as an individual.
With User consent, we may also share information for the following business purposes:
• Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include providing mailing services, providing payment or accounting service, web hosting, or providing analytic services.
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual. For example, we may use and share aggregate or anonymized data to study and improve our Site, user functionality and product offerings.
California Users. Marek will not sell or share the personal information of Users unless the User, in the case of Users at least 13 years of age and less than 16 years of age, or the User’s parent or guardian, in the case of Users less than 13 years of age, affirmatively authorizes the sale or sharing of the User’s personal information.
Opt-Out. Users have a right to opt-out of the sale and sharing of their personal information.
3. HOW WE STORE AND PROTECT OUR INFORMATION
Storage and processing: Your information collected through our Site may be stored and processed in the United States or any other country in which Marek or its affiliates or Site providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Keeping information safe: We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected and maintained by our Site. Access to information is limited to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
4. YOUR DATA RIGHTS AND CHOICES
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can contact us directly at firstname.lastname@example.org. We may not be able to modify or delete your information in all circumstances.
If you have any questions or requests about your account information, contact us directly at email@example.com.
5. HOW DOES MAREK PROTECT YOUR DATA AND COMPLY WITH LAWS?
Through the course of providing the Site, Marek collects information about Users on the Site. Personal information collected, along with other information associated with that personal information, is “User Data.” The User Data we collect can include name, mailing and email addresses, and phone number, and may collect additional information associated with the User profile.
This Section describes our practices with regard to User Data.
User Data privacy principles. We are committed to the following principles to protect User Data:
• We do not use or disclose User Data for targeted advertising purposes.
• We do not build a personal profile of a User other than in furtherance of the User’s application for a career on the Site, or as authorized by a User.
• We maintain a comprehensive data security program designed to protect the types of User Data maintained by the Site.
• We will clearly and transparently disclose our data policies and practices to our Users.
Users (or their Parents) can request account deletion at any time by contacting Marek at firstname.lastname@example.org. We may not be able to immediately or completely delete all data in all instances, such as information retained in technical support records, customer Site records, backups, and other similar business records. We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that the remaining information cannot reasonably be used to identify a particular individual.
6. CALIFORNIA RESIDENTS
This section applies to you if you are a resident of the state of California. California law requires us to disclose certain information regarding the categories of personal information we collect. For purposes of this section, “personal information” has the meaning provided by the California Online Privacy Protection Act (the “COPPA”), California Consumer Privacy Act (the “CCPA”) and the California Privacy Rights Act (the “CPRA”) and does not include information that is publicly available, that is de-identified or aggregated such that it is not capable of being associated with us, or that is excluded from the COPPA’s, CCPA’s or CPRA’s scope. This section does not describe or apply to information relating to our employees, contractors, and other personnel. If you have a question or would like to exercise your California consumer rights to knowledge, access or deletion, please contact email@example.com.
• Identifiers, such as your name, address, phone number, email address, or other similar identifiers and information associated with your career profile;
• California customer records, such as payment information collected through our payment vendor;
• Internet/Network information, such as IP address, unique device information, logs and analytics data;
• Geolocation data, such as approximate location data generated based on your IP address or other information.
We collect this information directly from you, from your browser or device when you visit our Site, and from third parties that you access through the Site or third parties that you permit to share information with us.
Disclosure of Personal Information. We share and disclose personal information with third parties as described in “Sharing of Your Information.”
Additionally, as is common practice among companies that operate online, we may permit third party advertising networks, social media companies and other third-party businesses collect and disclose personal information (including Internet/Network information, commercial information, and inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our Sites online. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell that information to other businesses for advertising and other purposes. By visiting here www.privacyrights.info or www.optout.privacyrights.info, you can opt out from sales of this type of personal information by businesses that participate in the opt out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices.
Your Rights and Choices. As a California resident, you may be able to request to exercise the following rights:
• The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity: the specific pieces of personal information we have collected about you; the categories of personal information we have collected about you; the categories of sources of the personal information; the categories of personal information that we have disclosed to third parties for a business purpose or sold to third parties, and the categories of recipients to whom this information was disclosed; and the business or commercial purposes for collecting or selling the personal information.
• The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.
The Right to opt Out of Personal Information Sales to and Sharing with third parties.
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you access to our Site or engage with you in the same manner.
To Submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
• To submit a request to exercise your California consumer rights, please click here or email firstname.lastname@example.org.
• If you are an adult user, you may exercise your Right to Opt Out of Personal Information Sales and Sharing by emailing us at email@example.com.
Privacy Rights of Minors. If you are the User or a parent or guardian of a User under the age of 18 and you want to remove their name or comments from our website or publicly displayed content, please contact us directly at firstname.lastname@example.org.
7. CANADIAN RESIDENTS
Your personal information is gathered when you provide it to Marek on the Site for career opportunities.
We rely principally upon your consent, for the collection, processing and retention of your personal information. We do not solicit, collect or receive any information relating to health, health claims, nor do we collect or process personal health information.
You have the right to access personal information we hold about you. If you require other information, refer to the “How to contact us” section below. We will need to verify your identity before searching for or providing you with access to your information. There may be limits as set out above on your right to access your information.
If you are not satisfied with the decision of Marek in relation to your complaint or questions, you can ask how your matter can be further escalated. If these steps fail to resolve your concern, you may also contact the Office of the Privacy Commissioner of Canada:
30 Victoria Street
Call toll-free at 1-800-282-1376
8. HOW TO CONTACT US