Privacy Policy and Terms of Use
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WORKFYN Privacy Policy and Terms of Use
Privacy Policy
Last Updated: March 6, 2024
Thank you for visiting https://workfyn.com/ we are providing this notice (the “Policy”) explaining our online information practices and the choices you can make about the collection and use of the data and information you submit (the “Information”, “Personal Information”, “Data”, “User Content” or “Personal Data”), or which we collect through our family of websites that link to this Privacy Policy, as well as our other related mobile websites, mobile Provider applications (“mobile apps” or “Provider Applications”), services, browser extensions, tools, and other applications that link to this Privacy Policy (all of these collectively, the “Site”).
By visiting the Site, you agree that your Information will be handled as described in this Policy. Your use of this Site is subject to this Policy and our Terms of Use. The Provider’s Terms of Use are incorporated by reference into this Policy.
Privacy Policy Highlights
Please also read our full Privacy Policy for more information.
Personal Data We Collect
When you register an account, use our services, download, or use any of our mobile apps, use our forum or make a purchase, you voluntarily share certain Information with us that we collect, including, but not limited to, your name, email address, address, mobile number, and other information). More information can be found on Section 2 of this document.
Tracking Technologies
We may use tracking technologies such as cookies to measure usage and provide information that we believe will be of most interest to you.
More Info
We may collect additional information from you if you access our Site through a mobile device (e.g. a unique device identifier, the device’s operating system or the mobile carrier). You can also provide us with Information when interacting with our content through or linking to third-party social media sites, plug-ins, or applications.
Uses, Retention and Storage
We and our service providers may store and retain certain information from you for the time and reasons outlined in this Privacy Policy.
Disclosure Information
By using our Site, you agree that we can share the Information we collect, to the extent permissible by applicable law, with our subsidiaries and affiliates, with our service providers, third parties and other entities such as job posting third-party websites and potential employers or people searching for candidates or jobs, legal authorities, others (in the event of a change of control), and social networks and companies within the mobile app industry.
Your Choices
You can control how and when you want to receive information from us, the categories of data we can share, you may object to the processing of your information, request the erasure of the Information we have gathered from you and ask for a copy of that Information. See the complete list of your privacy rights below.
Access and Review Options
You can change your Information at any time by editing your profile, updating, or deleting content that you have posted, or by closing your account.
Update Notifications
You agree that we can notify you about material changes to this Privacy Policy by posting notices on this Site. When required by law, we may also send you an email notice and collect your consent.
European Economic Area Residents: Special Notice Concerning the General Data Protection Regulation (the “GDPR”)
The Provider complies with the GDPR. As such, data subjects can exercise their respective privacy rights to the extent they are applicable.
California Residents: Special Notice Concerning the California Consumer Protection Act (the “CCPA”)
The Provider complies with the CCPA. As such, California residents can exercise their respective privacy rights to the extent they are applicable.
Contact
Questions about this Policy can be sent to support@workfyn.com or as otherwise set forth in the Privacy Policy.
Full Privacy Policy
Scope
The Provider is an online destination that helps job seekers with a variety of services supporting and related to their job search, interest in remote and flexible jobs, and career coaching and other services for individuals seeking to further their career. Workfyn also helps employers with various services related to attracting, recruiting, hiring, and managing people interested in
remote and other kinds of flexible work. We do not guarantee employment for any user of the Site. When you use the Site, you are contracting with the Provider. By accessing the Site, and the services provided there, or through any of our family of websites that link to this Privacy Policy you are accessing a Provider offering.
Information We Collect About You
The information we collect about you depends on how you use our Site. Here’s a breakdown of the categories:
- Registration, Services and Account Information: When you register for an account, you provide basic contact information like your name, email address, phone number (optional), and a password. Additionally, you might create a profile that includes details about your skills, experience, educational background, and career goals.
- Activity Information: As you use the Site, we collect information about your activity. This might include the jobs you search for, the applications you submit, the content you view, and the services you use.
- Device and Usage Data: We collect information about the device you use to access the Site, such as your IP address, browser type, operating system, and device identifier. We may also collect information about your usage of the Site, such as the pages you visit, the links you click on, and the amount of time you spend on the Site.
- Information from Third Parties: We may collect information about you from third parties, such as social media sites, if you choose to connect your account to ours.
Tracking Technologies
We may use tracking technologies such as cookies to collect information about your activity on the Site. Cookies are small data files that are stored on your device by your web browser. We use cookies to:
- Remember your preferences and settings
- Track your activity on the Site
- Analyze traffic to the Site
- Provide targeted advertising
More Information
We may also collect the following information from you:
- Geolocation Data: We may collect your geolocation data if you enable location services on your device. We use this information to personalize your experience on the Site, such as by showing you jobs in your area.
- Information from Social Media: If you choose to connect your social media account to your Workfyn account, we may collect information from that account, such as your name, profile picture, and list of friends.
- Information from Mobile Devices: If you access the Site through a mobile device, we may collect additional information from your device, such as a unique device identifier, the device’s operating system, and the mobile carrier.
Uses, Retention and Storage
We use the information we collect about you for a variety of purposes, including:
- To provide you with the services you request
- To personalize your experience on the Site
- To improve the Site and our services
- To send you marketing communications
- To comply with the law
We will retain your information for as long as necessary to fulfill the purposes for which it was collected, or as required by law.
Disclosure Information
We may disclose the information we collect about you to third parties, such as:
- Service providers who help us operate the Site and provide our services
- Job posting third-party websites
- Potential employers or people searching for candidates or jobs
- Legal authorities
- Other third parties, in the event of a change of control
We will only disclose your information to third parties in accordance with this Privacy Policy and applicable law.
Your Choices
You have a number of choices regarding your information:
- You can access and update your information in your account settings.
- You can opt out of receiving marketing communications from us.
- You can request that we delete your information.
For more information about your choices, please see the “Access and Review Options” section below.
Access and Review Options
You can access and update your information in your account settings. You can also opt out of receiving marketing communications from us by following the instructions in the unsubscribe link included in those communications.
If you would like to request that we delete your information, please contact us at support@workfyn.com.
Update Notifications
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Policy, we will notify you by posting a notice on the Site.
European Economic Area Residents: Special Notice Concerning the General Data Protection Regulation (the “GDPR”)
The Provider complies with the General Data Protection Regulation (GDPR). If you are a resident of the European Economic Area (EEA), you have certain rights under the GDPR regarding your personal data. These rights include:
- The right to access your personal data: You have the right to request a copy of the information we hold about you.
- The right to rectify your personal data: You have the right to request that we correct any inaccurate information we hold about you.
- The right to erase your personal data: You have the right to request that we delete your personal data.
- The right to restrict the processing of your personal data: You have the right to restrict the way in which we use your personal data.
- The right to data portability: You have the right to request that we transfer your personal data to another controller.
- The right to object to the processing of your personal data: You have the right to object to our processing of your personal data in certain circumstances.
To exercise any of these rights, please contact us at support@workfyn.com.
California Residents: Special Notice Concerning the California Consumer Protection Act (the “CCPA”)
The Provider complies with the California Consumer Protection Act (CCPA). If you are a California resident, you have certain rights under the CCPA regarding your personal data. These rights include:
- The right to know what personal data we collect about you: You have the right to request a disclosure of the categories and specific pieces of personal data that we collect, use, and disclose about you.
- The right to know if we sell or disclose your personal data: You have the right to request whether we sell or disclose your personal data and, if so, to whom we sell or disclose it.
- The right to delete your personal data: You have the right to request that we delete your personal data, subject to certain exceptions.
- The right to opt out of the sale of your personal data: You have the right to opt out of the sale of your personal data. We do not currently sell your personal data.
To exercise any of these rights, please contact us at support@workfyn.com.
Kenyan Residents: Special Notice Concerning the Data Protection Act, 2019
The Provider recognizes the Data Protection Act, 2019 (the “Act”) of Kenya and strives to comply with its regulations regarding the collection, use, storage, and disclosure of personal data. Here’s how we ensure compliance:
- Lawful Basis for Processing: We collect and process your personal data only with your consent or when necessary to fulfill our contractual obligations or legitimate interests, such as providing you with the services you request or improving the Site.
- Transparency and Notice: We provide clear and concise information about our data collection practices through this Privacy Policy.
- Data Minimization: We only collect the personal data necessary for the purposes outlined in this Policy.
- Data Security: We implement appropriate technical and organizational safeguards to protect your personal data from unauthorized access, disclosure, alteration, or destruction.
- Data Subject Rights: We respect your rights under the Act, including the right to access, rectify, erase, and restrict the processing of your personal data. You can exercise these rights by contacting us at support@workfyn.com.
If you have any questions or concerns about our compliance with the Data Protection Act, 2019, please feel free to contact us.
Contact
If you have any questions about this Privacy Policy, please contact us at support@workfyn.com
Terms of Use
Terms of Use Last Updated: March 6, 2024
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR, IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY. THIS SITE IS INTENDED FOR A [COUNTRY] AUDIENCE.
Terms of Use Highlights Please also read our full Terms of Use.
Your acceptance Each time you access and/or use the Service, you agree to be bound by these Terms and any additional terms (defined in Section 3(d)) that will apply to you prospectively.
Your privacy We collect certain information to allow Workfyn and/or third parties to find and contact you as part of the performance of the Service. You agree that we can use the information as outlined in our Privacy Policy.
Payments, subscriptions and cancellations You will honor your payment obligations for services you purchase on the Site. For recurring charges applicable to your subscription, or for single unscheduled transaction purchases, you agree that third parties working on our behalf may store your payment information to process such payments. Your transaction may be processed by Bold LLC or Auxiliant S.à.r.l, depending on what country you are located. Workfyn may alter the price of its services at any time and at its discretion. You will be notified in accordance with law if a price will be changed and provided time to make any changes to your account. You understand that additional fees and taxes may apply to your purchases. You may cancel or, in some cases, suspend your subscription at any time by going to the home page under My Account and My Settings. Please refer to our Cancellations section for more information. Workfyn does not guarantee refunds.
Arbitration of all disputes; no class relief These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights. Please note, that depending on your country of residence, under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
For Kenyan and Usa residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
Our content, intellectual property, copyrights and trademarks You may not use, copy, reproduce, republish, upload, sell, resell, display, post, transmit, distribute, scrape, reverse engineer or license any content or intellectual property, copyrights and trademarks on the Service without Workfyn’ authorization.
Disclaimer of warranties To the extent permitted by applicable law, we disclaim warranties and conditions and provide the Service “as is”.
Limitation of liability To the extent permitted by applicable law, our liability is limited.
Contact Questions about these Terms may be sent to support@finyajobs.com or as otherwise set out in these Terms.
Full Terms of Use
What is Workfyn? Workfyn is a membership service. By joining Workfyn as a registered user, you have access to a wide variety of premium online resources to help you find and be prepared for remote and flexible job opportunities. These include, but aren’t limited to:
- Our Job Specialist, Research, and Data Entry teams who are screening thousands of jobs daily based on continuously updated criteria provided by our current registered users for both quality and match.
- Educational/development opportunities including career coaching Q&As, webinars with top hiring companies, online remote/flexible work courses, virtual job fairs, educational opportunities
- Educational/development opportunities including career coaching Q&As, webinars with top hiring companies, online remote/flexible work courses, virtual job fairs, educational opportunities, expert skills tests, online courses, job search checklists, thousands of articles, and more.
- Only jobs that align with the direction provided by our registered users and/or meet Workfyn’ requirements for quality and fit are curated and added to the platform.
- Additional support for our registered users includes top-notch client support (by phone or online) and pre-negotiated discounts on related vetted products and services.
Your acceptance and contractual relationship You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter contracts. If you are not legally able to enter contracts, you cannot use the Service at any time or in any manner or submit any information to Workfyn or the Service.
Privacy Your privacy is important to us. Please review Workfyn’ Privacy Policy which explains how we use the information that you submit to Workfyn and sets out the choices you can make about how this information is collected and used. The Privacy Policy is hereby incorporated by reference.
Modifications to the Terms or to the Service
Terms. Workfyn can change, update, add or remove any provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Site. In case of material changes, Workfyn will provide a notice in compliance with law. If you do not agree with any of the updated Terms, you must stop using the Service.
Service. Workfyn may make changes to the Service at any time. If you object to any changes to the Service, your only recourse will be to stop using it. Continued use of the Service after any such changes have been posted will indicate your acknowledgment of the changes and satisfaction with the Service as modified. Some elements of the Service may only be offered in the desktop version of the Site and may not be available in the mobile version of the Site. We also reserve the right to discontinue the Service or any component of it, at any time and without notice. We will not be liable to you, or any third party should we exercise our right to modify or discontinue the Service.
Paid subscriptions. Please note that if you are under paid subscription services with us, in the event we change the price for services you have previously agreed to pay, or if we substantially change the services you are paying for, we will notify you of such changes by sending you an email notification. Any changes will become effective immediately and will be reflected in your next scheduled payment. If you do not agree with such changes, you may cancel your paid subscription by communicating with us, in accordance with the Cancellations section below.
Additional Terms. In addition, certain features of the Service may be subject to additional terms and conditions (“Additional Terms”) presented to you at the time you access or use such features. By using such features, you agree to be bound by the Additional Terms, which are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
Payments, subscriptions and cancellations
Payments. You agree to pay all fees and charges incurred in connection with your use of the Service in accordance with the billing terms in effect at the time you incur such fees and charges. You are solely responsible for all taxes associated with your use of the Service.
Subscriptions. If you purchase a subscription to the Service, you agree to pay the subscription fees in accordance with the terms of your subscription plan. Your subscription will be automatically renewed at the end of the subscription period, unless you cancel your subscription before the end of the current period. You can cancel your subscription at any time by going to the home page under My Account and My Settings.
Cancellations. We may cancel or suspend your access to the Service at any time, with or without cause, and with or without notice. We will not provide refunds for any unused portions of a subscription period.
Arbitration of all disputes; no class relief
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS TO LITIGATE IN COURT AND TO BRING CLAIMS ON A CLASS BASIS.
Generally. We will try to resolve any disputes with you informally. If we cannot resolve a dispute informally, we agree to resolve any disputes between you and us through binding arbitration or in small claims court, as set forth below.
Arbitration. Except as provided in the Opt-out Provision below, all disputes arising out of or relating to the Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in [City, State] or in a more convenient location for you if agreed to by both parties. Each party will be responsible for paying its own arbitration filing, administration,
and hearing fees, and for one-half of the arbitrator’s fees. The arbitrator’s decision will be final and binding on you and us, and subject to only very limited review by a court. The arbitration award may be entered as a judgment in any court of competent jurisdiction.
Opt-out Provision. You may opt out of this arbitration provision by sending us a written notice to support@Workfyn.com within 30 days of the date you first agree to these Terms. Your notice must include your name, address, and telephone number, and clearly state your intention to opt out of the arbitration provision. You can download a standard opt-out form here.
Class Action Waiver. YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER YOU NOR WE WILL FILE OR JOIN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION WITH RESPECT TO THE TERMS OR THE SERVICE.
Our content, intellectual property, copyrights and trademarks
The Service and all materials on the Site, including, but not limited to, text, graphics, logos, icons, images, video clips, software, data compilations, and audio clips (collectively, the “Content”) are the property of Workfyn or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, copy, reproduce, republish, upload, sell, resell, display, post, transmit, distribute, scrape, reverse engineer or license any Content without Workfyn’ authorization.
Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your acceptance and contractual relationship
You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter contracts. If you are not legally able to enter contracts, you cannot use the Service at any time or in any manner or submit any information to Workfyn or the Service.
Privacy
Your privacy is important to us. Please review Workfyn’ Privacy Policy which explains how we use the information that you submit to Workfyn and sets out the choices you can make about how this information is collected and used. The Privacy Policy is hereby incorporated by reference.
Modifications to the Terms or to the Service
Terms. Workfyn can change, update, add or remove any provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Site. In case of material changes, Workfyn will provide a notice in compliance with law. If you do not agree with any of the updated Terms, you must stop using the Service.
Service. Workfyn may make changes to the Service at any time. If you object to any changes to the Service, your only recourse will be to stop using it. Continued use of the Service after any such changes have been posted will indicate your acknowledgment of the changes and satisfaction with the Service as modified. Some elements of the Service may only be offered in the desktop version of the Site and may not be available in the mobile version of the Site. We also reserve the right to discontinue the Service or any component of it, at any time and without notice. We will not be liable to you, or any third party should we exercise our right to modify or discontinue the Service.
Paid subscriptions. Please note that if you are under paid subscription services with us, in the event we change the price for services you have previously agreed to pay, or if we substantially change the services you are paying for, we will notify you of such changes by sending you an email notification. Any changes will become effective immediately and will be reflected in your next scheduled payment. If you do not agree with such changes, you may cancel your paid subscription by communicating with us, in accordance with the Cancellations section below.
Arbitration of all disputes; no class relief
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS TO LITIGATE IN COURT AND TO BRING CLAIMS ON A CLASS BASIS.
Generally. We will try to resolve any disputes with you informally. If we cannot resolve a dispute informally, we agree to resolve any disputes between you and us through binding arbitration or in small claims court, as set forth below.
Arbitration. Except as provided in the Opt-out Provision below, all disputes arising out of or relating to the Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in [City, State] or in a more convenient location for you if agreed to by both parties. Each party will be responsible for paying its own arbitration filing, administration, and hearing fees, and for one-half of the arbitrator’s fees. The arbitrator’s decision will be final and binding on you and us, and subject to only very limited review by a court. The arbitration award may be entered as a judgment in any court of competent jurisdiction.
Opt-out Provision. You may opt out of this arbitration provision by sending us a written notice to support@Workfyn.com within 30 days of the date you first agree to these Terms. Your notice must include your name, address, and telephone number, and clearly state your intention to opt out of the arbitration provision. You can download a standard opt-out form here.
Class Action Waiver. YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER YOU NOR WE WILL FILE OR JOIN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION WITH RESPECT TO THE TERMS OR THE SERVICE.
Our content, intellectual property, copyrights and trademarks
The Service and all materials on the Site, including, but not limited to, text, graphics, logos, icons, images, video clips, software, data compilations, and audio clips (collectively, the “Content”) are the property of Workfyn or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, copy, reproduce, republish, upload, sell, resell, display, post, transmit, distribute, scrape, reverse engineer or license any Content without Workfyn’ authorization.
Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-OR MALWARE-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify and hold harmless Workfyn and its parent company, affiliates, licensors, content providers, service providers, officers, directors, employees, contractors, agents, and successors from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your breach of the Terms, or your violation of the rights of any third party.
Term and termination
These Terms will remain in full force and effect so long as you are a user of the Service. We may suspend or terminate these Terms or your access to the Service, for any reason at any time, with or without notice to you. You may terminate these Terms by discontinuing your use of the Service.
Governing law
These Terms will be governed by and construed in accordance with the laws of the State of [State Name], without regard to its conflict of law provisions.
Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Workfyn regarding your use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Our waiver of any provision of these Terms will not be deemed a further or continuing waiver of such provision or any other provision.
Headings
The headings used in these Terms are for convenience only and do not have any legal or contractual effect.
Your feedback
We welcome your feedback and suggestions about the Terms or the Service. You can send us feedback by emailing us at support@finyajobs.com.
Your Acceptance and Contractual Relationship
You represent and warrant that you are of legal age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you cannot use the Service at any time or in any manner or submit any information to Workfyn or the Service.
Privacy
Your privacy is important to us. Please review Workfyn’ Privacy Policy which explains how we use the information that you submit to Workfyn and sets out the choices you can make about how this information is collected and used. The Privacy Policy is hereby incorporated by reference.
Modifications to the Terms or to the Service
Terms. Workfyn can change, update, add or remove any provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Site. In case of material changes, Workfyn will provide a notice in compliance with law. If you do not agree with any of the updated Terms, you must stop using the Service.
Service. Workfyn may make changes to the Service at any time. If you object to any changes to the Service, your only recourse will be to stop using it. Continued use of the Service after any such changes have been posted will indicate your acknowledgment of the changes and satisfaction with the Service as modified. Some elements of the Service may only be offered in the desktop version of the Site and may not be available in the mobile version of the Site. We also reserve the right to discontinue the Service or any component of it, at any time and without notice. We will not be liable to you, or any third party should we exercise our right to modify or discontinue the Service.
Arbitration of all disputes; no class relief
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS TO LITIGATE IN COURT AND TO BRING CLAIMS ON A CLASS BASIS.
Generally. We will try to resolve any disputes with you informally. If we cannot resolve a dispute informally, we agree to resolve any disputes between you and us through binding arbitration or in small claims court, as set forth below.
Arbitration. Except as provided in the Opt-out Provision below, all disputes arising out of or relating to the Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in [City, State] or in a more convenient location for you if agreed to by both parties. Each party will be responsible for paying its own arbitration filing, administration, and hearing fees, and for one-half of the arbitrator’s fees. The arbitrator’s decision will be final and binding on you and us, and subject to only very limited review by a court. The arbitration award may be entered as a judgment in any court of competent jurisdiction.
Opt-out Provision. You may opt out of this arbitration provision by sending us a written notice to support@finyajobs.com within 30 days of the date you first agree to these Terms. Your notice must include your name, address, and telephone number, and clearly state your intention to opt out of the arbitration provision. You can download a standard opt-out form here.
Class Action Waiver. YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER YOU NOR WE WILL FILE OR JOIN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION WITH RESPECT TO THE TERMS OR THE SERVICE.
Our Content, Intellectual Property, Copyrights and Trademarks
The Service and all materials on the Site, including, but not limited to, text, graphics, logos, icons, images, video clips, software, data compilations, and audio clips (collectively, the “Content”) are the property of Workfyn or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, copy, reproduce, republish, upload, sell, resell, display, post, transmit, distribute, scrape, reverse engineer or license any Content without Workfyn’ authorization.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FINYAJOBS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify and hold harmless Workfyn and its parent company, affiliates, licensors, content providers, service providers, officers, directors, employees, contractors, agents, and successors from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your breach of the Terms, or your violation of the rights of any third party.
Term and Termination
These Terms will remain in full force and effect so long as you are a user of the Service. Workfyn may suspend or terminate these Terms or your access to the Service, for any reason at any time, with or without notice to you. You may terminate these Terms by discontinuing your use of the Service.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of [State Name], without regard to its conflict of law provisions.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Workfyn regarding your use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Our Waiver of any provision of these Terms will not be deemed a further or continuing waiver of such provision or any other provision.
Headings
The headings used in these Terms are for convenience only and do not have any legal or contractual effect.
Your Feedback
We welcome your feedback and suggestions about the Terms or the Service. You can send us feedback by emailing us at support@finyajobs.com.
[Date]
Digital Millennium Copyright Act (“DMCA”)
If you believe that any User Content on the Service infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Workfyn
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed;
- Identification of the material that is in question and its location on the Service;
- Information sufficient to permit Workfyn to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Workfyn ’ DMCA agent for notice of claims of copyright infringement on the Service can be reached at:
Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Workfyn regarding your use of the Service. Our waiver of any provision of these Terms will not be deemed a further or continuing waiver of such provision or any other provision.
Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or sent by email as set forth below.
Notices to you may be sent to the email address you provided to Workfyn or to such other address as you may designate by written notice to Workfyn .
Notices to Workfyn should be sent to:support@workfyn.com
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of without regard to its conflict of law provisions.
- General
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Workfyn relating to the matters contained here and the Site.
Contact
Questions about these Terms may be sent to support@finyajobs.com or as otherwise set out in these Terms.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written Workfyn
with the following information in writing (an “Infringement Notice”):