Terms of Service

This website (the “Site”) and the tools accessible through this website (the “Services”) belong to and are maintained and operated by GAIN Power, LLC, a Massachusetts limited liability company (“GAIN Power”, “we” or “us”). By logging into this website and signing up to use the Services, you (and if you are a corporation, partnership, company, association or other entity, your members, directors officer and employees (collectively “you”), agree to be bound to by these Terms of Service with respect to the provision by GAIN Power of the Services and your use of this website. You also agree to be bound by other legal notices that may be posted on this Site from time to time; and by GAIN Power ‘s Privacy Policy below.

1. Services Provided

By signing up to use the Services, you will be provided with the opportunity to message and communicate with other individuals signed up to use the Services (“Users”) and form and participate in groups with other Users.

If you signed up to list an organization or company, and have paid the applicable fee for such a listing, individual Users will be able to identify your organization and company through search tools and to communicate their interest to you, through Services. Your organization or company will be able, for a fee, to expand your listing and optimize your placement in any search undertaken by Users using the Services.

2. Violation of Terms of Use

GAIN Power will have the right to delete your listing from the Site and prevent you from further use of the Services, without advance notice, if you violate these Terms of Use.

3. Intellectual Property Rights

You acknowledge and agree that all copyright and other rights in and to the computer programs, computer applications, web applications, database programs, web content files and all written, graphic, audio and audiovisual works constituting the Services and/or, incorporated into and/or utilized on this Site or in providing the Services, shall be and remain the sole and exclusive property of GAIN Power (the “GAIN Power Intellectual Property”). You agree not to contest GAIN Power ‘s ownership of any and all such rights.

You agree that you will not copy, modify, publish, transmit, distribute, perform, display, or sell any of the GAIN Power Intellectual Property. You agree not to remove, obscure, or alter any copyright notice or trademark notice whether of GAIN Power or third parties, appearing in or on the Site or in any results or content generated by your use of the Site or Services.

4. Rights in Data

You acknowledge and agree that all information and data appearing on or accessible through the site, or through use of the Services, and all databases maintained by GAIN Power including all database elements and fields, are the sole and exclusive property of GAIN Power. You agree that you will not, will not attempt to, and will not permit any third party to, copy, distribute sell, disclose, lend, transfer or, convey information or records obtained from any such database or relating to any User or any list of Users, in any form, written, electronic or otherwise;

5. Payment

1. You will be responsible at the time of ordering any Services for which a fee is charged, for paying GAIN Power the amount shown for your order.
2. You must pay by credit card at the time of ordering. GAIN Power collects credit card information from you, which information is used solely for processing your payment; is not maintained by RM; and is never disclosed to anyone, for any other purpose other than for processing your payment, under any circumstances.
3. GAIN Power uses industry-standard security measures to protect against the loss, misuse or alteration of the information under our control. Our server is located in a locked, secure environment. All supplied credit card information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment processing provider’s database. Permission to access your information is granted only to you and the GAIN Power employees or contractors who need to know that information to provide services to you and who are required to keep the information confidential. Although we make good faith efforts to store information collected by this website in a secure operating environment, we cannot guarantee complete security.

6. Limitation of Liability

GAIN Power makes no representation or warranty, express or implied, with respect to the accuracy or quality of any information listed on the Site. You agree that GAIN Power will not be liable for any inaccuracy in any information or record listed on or obtained through the Site or through Use of the Services; or for any act or omission of any User including the content of any communication or message sent to you by or in the name of any User.

You hereby agree to release GAIN Power and its respective officers, directors, agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site or the Services, or the listing of your information on the Site or for any act or omission of any User including the content of any communication or message sent to you by or in the name of any User, through the Site or using the Services, or otherwise. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

You agree to release and forever discharge GAIN Power, its members, directors, officers, employees, consultants and agents from any claim for death, injury to person, injury or damage to property or other damages, costs, losses or expenses of whatsoever nature, arising out of or based upon the posting of any information on the Site, your use of or reliance on any such information, or GAIN Power’s sponsorship of this Site or any content posted on this Website.

GAIN Power assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. GAIN Power is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users of the Website or to any other person’s computer related to or resulting from participating or downloading materials.

Except where restricted or prohibited, in no event will GAIN Power be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website even if GAIN Power has been advised of the possibility of such damages.

If you have listed your company or organization, you agree to indemnify and hold GAIN Power harmless from and against all costs, damages, penalties and fines (including reasonable attorneys fees) incurred by GAIN Power as a result of any suit, claim, investigation or proceeding based upon or arising out of the listing of your company or organization on the Site.

7. Indemnification

You agree to indemnify and hold GAIN Power harmless from and against any damages or losses incurred by reason of or resulting from any claim, action, suit, proceeding or investigation asserted or initiated by a third party, based upon or arising out of the breach by you of any warranty, representation or covenant of you set forth in these terms and conditions.

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Privacy Policy

GAIN Power has created this privacy policy to explain how we use information that you may provide while visiting this Site and to demonstrate our firm commitment to Internet privacy. GAIN Power may modify this policy from time to time so we encourage you to check this page when revisiting this Site. By using this Site, you agree to the terms of this Privacy Policy.

How We Use Your Information

When you register to be listed with GAIN Power, either for yourself or on behalf of your company or organization, you are asked to provide contact information, including your name, address, telephone number, mobile telephone number and/or e-mail address, and, if you are listing yourself as an individual, about your background, experience and skills and areas of interest in future employment; and if you are listing an organization or company, about the nature of the business, programs or activities of the organization or company, and about the types of individuals it is looking to hire. GAIN Power may obtain information about you from outside sources and add it to or combine it with the information we collect through this Site.

GAIN Power uses this information to provide the Services to you and other Users, on to operate this Site, send you news and information about GAIN Power activities, solicit your participation in and support of GAIN Power activities, events, and programs. By providing your information to GAIN Power, you are giving GAIN Power express permission to:

1. Use that information to enable Users to conduct searches of listings.
2. Use that information to enable Users to communicate with you through the Site.
3. Use that information, including your email address, for GAIN Power itself to communicate with you about GAIN Power activities, news, and programs.
4. IF you expressly provide permission, to disclose specified items of your contact information to other Users
5. Use that information to provide other and different services through the Site or accessible through the Site, in the future.

Additionally, GAIN Power may share your information as follows, or as otherwise described in this Privacy Policy:

• To companies that assist us in maintaining this Site or with GAIN Power activities, but only for purposes of providing services to GAIN Power and with the strict requirement that any such company will never itself have the right to contact you for any reason;
• To comply with applicable law or legal requirements (for example, a lawful subpoena), to protect our rights or property, or to protect our supporters from fraudulent, abusive, or unlawful conduct, or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records;

GAIN Power does not collect or maintain the names of, or any information about, any individual who is not a resident of the United States. If you are not currently a resident of the United States, present in the United States, please do not provide your name or any identifying information through the Site.

Children

GAIN Power complies with the Children’s Online Privacy Protection Act. GAIN Power does not solicit and does not accept personally identifying information from any person under 13 years of age.

Visitors to this Site who are under 13 years of age should not use this Site except under the supervision and with the assistance of their parent or legal guardian, and should never submit any personally-identifying information to the Site. For example, visitors under 13 years of age should not register for or use the Services or use services or take any actions on or through this Site.

Cookies and Data Tracking

A cookie is a piece of data stored on the user’s hard drive containing information about the user. Some parts of this Site may be password-protected. We may use a cookie (cookies reside on your computer and are under the control of your browser) to help us remember and process items that you purchase through this Site; and/or to compile aggregate data about visitors to the Site and their interaction with the Site for the purposes of improving the operation of the Site and/or offering better Site experiences and tools in the future.

We may also use cookies to enable you to return to password-protected areas of the Site without having to re-enter your password. If you wish to disable these cookies, the help portion of the tool bar on most browsers can assist. If you set your browser to disable cookies, however, you may not be able to access certain parts of this Site.

We may also use third-party services such as Google Analytics. This helps us understand traffic patterns and know if there are problems with our Site. We may also use embedded images in emails to track open rates for our mailings, so that we can tell which mailings appeal most to GAIN Power supporters.

Please note that third-party vendors, including Google, may show GAIN Power -sponsored ads on the Internet. Those third-party vendors (including Google) use cookies to serve ads based on a user ‘s prior visits to our website. Users may opt-out of Google’s use of cookies by visiting http://www.google.com/privacy/ads/

Advertising

We may place online advertising with third-party vendors, including Google, which will be shown on other Sites on the internet. In some cases, those third-party vendors may decide which ads to show you based on your prior visits to the Site. At no time will you be personally identified to those third-party vendors, nor will any of the information you share with us be shared with those third-party vendors.

GAIN Power does not use cookies to track what specific pages an individual site visitor views. Please note, however, that third-party vendors, including Google and Facebook may show GAIN Power -sponsored ads on the Internet. Those third-party vendors (including Google) may use cookies to serve ads based on a user’s prior visits to our website. Users may opt-out of Google’s use of cookies by visiting http://www.google.com/privacy/ads/ . Users may find out information about adjusting how Facebook targets ads to them by visiting

https://www.facebook.com/help/568137493302217

Links to Other Sites

The privacy policies and practices contained in this Privacy Policy do not apply to ANY external links. This Privacy Policy only applies to our Site or any future Sites that we may develop. It does not cover Sites that are linked to by this Site or Sites for which we are not responsible (“linked-Sites”). These linked-Sites will have their own policies and practices that may be different from ours. We encourage you to familiarize yourself with the policies and practices of the linked-Sites, especially if you provide personal information to them.

California Consumer Privacy Act of 2018

FOR CALIFORNIA RESIDENTS—ADDITIONAL PRIVACY NOTICE

This additional Privacy applies solely to individual residents of the State of California (“consumers” or “you”). GAIN POWER is adopting this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) as amended. Terms used in this special Notice that are defined in the CCPA will have the same meaning when used in this Notice.

1. Information We Collect

• 1.1. GAIN Power LLC, operator of this Site, has collected the following personal information from consumers in the last 12 months: real name and email address, Internet protocol (“IP”) address; mailing address; work history; categories of work in which the consumer is interested; search history on the Site
• 1.2 Note that personal information does not include
  1. Publicly available information from government records
  2. De-identified or aggregated consumer information

2. Use of Personal Information

GAIN Power may use or disclose the personal information we collect about you for one or more of the following purposes:

• To enable you to communicate with other Users;
• To enable other Users to search for and communicate with you about interest in employment and/or employment opportunities;
• To enable GAIN Power itself to communicate with you;
• For testing, research, analysis and development of new offerings and programs
• To personalize your Site experience and deliver content relevant to your interests, including targeted offers and advertisements through the Site and via email

3. Sharing of Personal Information

We do not disclose your personal information to any third party for a business purpose without your express consent to be contacted by that organization. Specifically, if you give GAIN Power specific permission to do so, specified pieces of your contact information will be listed on the Site and/or disclosed to other Users. If you do not provide such permission, you will be able to communicate with other Users and they will be able to communicate with you, using the Services, but your personal information will not be disclosed to any other User or any third party.

4. Your Rights Under the CCPA

• 4.1. Information About, Access to and a Copy of Personal Information: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months and to request a copy of the specific pieces of personal information that we have collected. If we receive and verify your request (see below), we will disclose to you:
  1. The categories of personal information we collected about you;
  2. The categories of sources for the personal information we collected about you;
  3. The categories of third parties, if any, with which we have shared your personal information;
  4. The categories of personal information, if any, that we shared with a third party for a business purpose;
  5. The specific pieces of personal information we collected about you.
• 4.2. Deletion request: You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete your personal information from our records, unless an exception applies. Among other exceptions, we are not required to delete your personal information if it is necessary for us to maintain it in order to provide you with information or opportunities reasonably anticipated within the context of our ongoing relationship to you, to detect security incidents, protect against malicious deceptive fraudulent, or illegal activity; to enable internal uses reasonably aligned with your expectations; or otherwise use your personal information internally in a lawful manner that is compatible with the context in which you provided the information.
• 4.3. Do Not Sell Rights. You have the right to opt out of the sale of your personal information by us. However, we do not sell any personal information.
• 4.4. Exercising Your Rights: To exercise the rights set out in sections 4.1 and 4.2 above, please submit a request with your full name, zip code, email address and identification of a posting made or action taken on the Site in the last 12 months, by:
  • Calling us at 202-863-4246
  • Filling out an online form at https://www.gainpower.org/cppa
  Only you can submit a request. You can only make a request twice within a 12-month period. Your request must describe what you are requesting with sufficient specificity that we can review and respond to it.
• 4.5 Response Time: We will attempt to respond to your request within 45 days of receiving it. If we require more time (up to 90 days)we will let you know that and the reason why.

4.6 Non-Discrimination. You have the right to exercise your rights under the CCPA without discrimination. We will not deny access to any opportunities, service or programs in response to any consumer exercising rights under the CCPA.

5. Date updated:

This notice was last updated on June 19, 2020.

6. Contact:

If you have any questions about this notice, the ways in which we collect and use your personal information or your rights under the CCPA, please contact us at:

Phone: 202-863-4246
Website: or email: cppa@gainpower.org

Amendments and Consent to This Privacy Policy

We retain the right to amend or otherwise update this Privacy Policy at any time. By using our Site, you consent to the collection and use of the information as we have described. If we change our policies and practices, we will post the changes in our Privacy Policy so that you are always aware of them. With this knowledge, you can make an informed decision about whether you wish to provide personal information to us.

How to Contact Us

If you have any questions about this Privacy Policy, you may contact us by sending an e-mail to privacy@gainpower.org.

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