Last updated: May 13th, 2020
You may choose whether or not to provide or disclose Personal Data in connection with your use of our Site. If you choose not to provide the Personal Data we request, you may still visit and use parts of our Site, but may be unable to access or use certain features, options, programs, and services. Our Site may contain links to third-party websites and services that are not owned or controlled by Graphite. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.
3. Personal Data Collected.
3.1. Personal Data You Provide To Us On Our Site.
Types of Personal Data. We and our service providers collect the Personal Data set forth below in order to provide our Site to you, or because we are legally required to do so. If you do not provide the Personal Data we request, we may not be able to provide you with our Site. The Personal Data we and our service providers collect includes but is not limited to:
- Your name;
- Tax identification number;
- Email address;
- Payment information;
- Company name;
- Expert bio;
- Profile photo;
- Job title;
- Communications you send to us.
When Personal Data is Collected. You may be required to provide us with certain information that may constitute Personal Data in the following ways:
- CONTACT INFORMATION
In addition, we may also use your Personal Data to send you e-mail notifications in connection with specific projects you have applied for. The sole purpose of these notifications is to enhance your experience by keeping you apprised of developments when you are applying for projects (as an Expert) or posting projects (as a Client) and ensuring that the matching process is smooth and timely. You may opt out of certain of these e-mail notifications, but others are necessary and integral to the proper functioning of our Site. You may unsubscribe from these e-mail list servers by following the unsubscribe instructions found within the list email.
- MEMBER LOGIN INFORMATION
- IDENTITY VERIFICATION
We may collect additional Personal Data to validate your identity, such as your date of birth, social security number or taxpayer identification number. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third party databases or request a credit report.
- PAYMENT INFORMATION
- INFORMATION COLLECTED THROUGH VARIOUS FORMS
We and our service providers may collect Personal Data in a variety of ways, including: (i) through use of our Site, e.g., when you sign up for a newsletter, submit a registration form as an Expert (“Expert Registration”) or as a Client (“Client Registration”), or make a purchase; (ii) offline, such as when you attend one of our events or contact customer service; or (iii) from other sources, such as public databases, joint marketing partners, social media platforms, and from other third parties.
- PERSONAL DATA YOU DISCLOSE RELATING TO OTHERS
- SOCIAL MEDIA
We have worked with certain third-party social media providers to offer you their social networking services through our Site. For example, you can use third-party social networking services, including but not limited to Facebook and others to share information about your experience on our Site with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Site. These third-party social networking services also may notify your friends, both on our Site and on the social networking services themselves, that you are a user of our Site or about your use of our Site, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
- Types of Personal Data. We and our service providers collect the Personal Data set forth below in order to provide our Site to you, or because we are legally required to do so. If you do not provide the Personal Data we request, we may not be able to provide you with our Site. The Personal Data we and our service providers collect includes but is not limited to:
- 3.2. Personal Data You Provide To Third Parties On Our Site. Please note that we use certain third party service providers on our Site to enhance your experience or deliver certain services. These providers may collect Personal Data about you in performing their services and/or functions on our Site. For more information on our third party service providers, and their privacy practices, please click here.
- Log Files On Our Site. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.
The following sets out how we may use different categories of cookies and your options for managing cookie settings:
Types Of Cookies Description Managing Settings Required Cookies
Required cookies enable you to navigate our Site and use its features, such as accessing secure areas of our Site and using our services.
Because required cookies are essential to operate our Site, there is no option to opt out of these cookies.
These cookies collect information about how you use our Site, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymous. It is only used to improve how our Site functions and performs.
From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit our Site. We may also utilize Flash cookies for these purposes.
To learn how to opt out of performance cookies using your browser settings click here.
To learn how to manage privacy and storage settings for Flash cookies click here.
Functionality cookies allow our Site to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of our Site after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
We may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our Site to personalize your visit.
To learn how to opt out of functionality cookies using your browser settings click here.
To learn how to manage privacy and storage settings for Flash cookies click here.
Targeting or Advertising cookies
By way of example, as you browse our Site, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with our Site.
Third parties, with whom we partner to provide certain features on our Site or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.
To learn more about these and other advertising networks and their opt-out instructions, click here.
To learn how to manage privacy and storage settings for Flash cookies click here.
- Other Tracking Technologies. When you visit our Site, we may collect your IP address for certain purposes such as, for example, to monitor the regions from which you navigate our Site. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Site and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to our Site. We may use web beacons to operate and improve our Site and email communications.
- Analytics Software Tools. We use Google Analytics on our Site to help us analyze the traffic on our Site. For more information on Google Analytics’ processing of Personal Data, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin provided by Google, you can opt out of Google Analytics.
4. The Purposes For Which We Use Personal Data.
If you submit or we collect Personal Data through our Site, then such Personal Data may be used in the following ways:
- to provide, analyze, administer, and improve our Site and services,
- to contact you in connection with our Site and certain services, notifications, events, programs or offerings that you may have registered for,
- to send you updates and promotional materials that you have registered for, (iv) to identify and authenticate your access to the parts of our Site and services that you are authorized to access;
- for recruiting and human resources administration purposes, and
- to protect our rights and/or our property and to ensure the technical functionality and security of our Site.
5. How We Disclose Personal Data.
We do not sell, lease, rent or otherwise disclose the Personal Data collected from our Site to third parties unless otherwise stated below or with your consent.
- 5.2. Expert Profiles. If your Expert Registration form is approved and you choose to use the Site as an Expert, your Expert profile will be created. This profile will not be publicly viewable via our Site unless you opt to have a public profile. Such profile may include information including, but not limited to, name, location, skills, desired hourly pay rates, educational information, work experience, certifications/licenses and feedback/rating information. You may edit your Expert profile via the Edit Profile Link when logged in and viewing your profile. Your Expert profile will not be shared with any Graphite user (other than employees of Graphite) unless you apply for a project. If you apply for a project, the Client whose project you applied for will have access to your full profile.
- 5.3. Client Profiles. If your Client Registration form is approved and you choose to use the Site as a Client, your Client profile will be created. This profile will not be publicly viewable via the Site. Such profile may include information including, but not limited to name, location, Client name or job title. You may edit your Client profile via the Edit Profile Link link when logged in and viewing your profile. Your Client profile will not be shared with any Graphite user (other than employees of Graphite) unless you post a project. When you post a project, all registered Graphite users will be able to view your Client's description, since your Client's description will appear in the Project Listing.
- 5.4. Advertising. We engage advertising services to assist us in advertising our brand and Site. From time to time, those services target advertisements on third-party websites based on cookies or other information indicating previous interaction with our Site.
- 5.7. Other Disclosures. We may disclose Personal Data about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to:
- comply with any applicable law, regulation, legal process or governmental request;
- detect, prevent, or otherwise address fraud or security issues; or
- protect against harm to the rights, property or safety of Graphite, our users, or the public.
6. Retention of Personal Data.
We reserve the right to retain any Personal Data as long as the Personal Data are needed to:
- fulfill the purposes that are described in Section 4 (The Purposes For Which We Use Personal Data), and
- comply with applicable law
7. Your Rights.
7.1 Personal Data. If you have an account on our Site, to the extent we are legally required, we provide access to—and the ability to edit or delete—certain categories of Personal Data through the account.
If you would like to access, amend, erase, export (i.e., data portability), or object to or restrict the processing of Personal Data collected via our Site, you may submit a request to email@example.com or write to us at:
Graphite, Inc.We will promptly review all such requests in accordance with applicable laws. Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at firstname.lastname@example.org so we have an opportunity to address your concerns directly before you do so.
77 Van Ness Avenue
San Francisco, CA 94102
- 7.2. Opting-Out of Promotional Emails. You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to email@example.com. Customers cannot opt out of receiving transactional emails related to their account with us or our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).
8. Personal Data Transferred from the EU or Switzerland To The United States.
Graphite has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.
These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, Graphite is potentially liable.
9. Data Security.
The security of Personal Data is important to us. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.
10. Children's Privacy.
Our Site is not intended for children under the age of 18. Accordingly, we do not intend to collect Personal Data from anyone we know to be under 18 years of age.
11. How We Respond to Do Not Track Signals.
Graphite does not track Site users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer's online activities over time and across third-party websites or online services.
12. Your California Privacy Rights.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Data about you by Graphite to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write to us:
77 Van Ness Avenue
San Francisco, CA 94102
13. Contacting Us.
14. Defined Terms.
Expert - An Expert is any person or entity who has logged onto https://www.graphite.com, filled out and submitted our Expert Registration form, and had his or her account approved by Graphite. Experts on our Site typically use Graphite to search for project listings, apply to projects, execute projects and receive payment for their services.
Client - A Client is any person or entity who has logged onto https://www.graphite.com, filled out and submitted our Client Registration form. Clients on our Site typically use Graphite to post projects, review the credentials of Experts who have applied to these projects, select and engage Experts found through Graphite and pay for services they have received from Experts found through Graphite.
Exhibit A. Third Party Service Providers
- AdRoll for targeted digital advertising. For more information on this service provider’s privacy practices, please review: https://help.adroll.com/hc/en-us/articles/216104687-Privacy-Notice-Requirements
- Amazon Web Services, for cloud hosting solutions. For more information on this service provider’s privacy practices, please review: https://aws.amazon.com/privacy/
- Bing, for web-based marketing solutions. For more information on this service provider’s privacy practices, please review: https://privacy.microsoft.com/en-us/privacystatement
- Bootstrap framework, for front-end design/layout. For more information on this service provider’s privacy practices, please review: http://www.bootstrapdevelopment.com/privacy.htm
- Customer.io integration, for email marketing. For more information on this service provider’s privacy practices, please review: https://customer.io/privacy-policy.html
- Google Maps, for generating in-site maps. For more information on this service provider’s privacy practices, please review: https://policies.google.com/privacy?hl=en
- Google Places, for geolocation data. For more information on this service provider’s privacy practices, please review: https://policies.google.com/privacy?hl=en
- LinkedIn autofill plugin, to allow prospective clients to auto-populate their contact info. For more information on this service provider’s privacy practices, please review: https://www.linkedin.com/legal/privacy-policy
- Olark, for in-site customer support chat. For more information on this service provider’s privacy practices, please review: https://www.olark.com/privacy-policy/
- Recruiterbox, for applicant tracking. For more information on this service provider’s privacy practices, please review: https://recruiterbox.com/privacy-policy
- Salesforce library, for syncing data to CRM system. For more information on this service provider’s privacy practices, please review: https://www.salesforce.com/company/privacy/
- Sendgrid SMTP integration, for transactional emails. For more information on this service provider’s privacy practices, please review: https://sendgrid.com/policies/privacy/
- Stripe Connect integration for branched marketplace payments and ID verification. For more information on this service provider’s privacy practices, please review: https://stripe.com/us/privacy/
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