Legal Policies
We promise to share transparently all aspects of how the Cyberdesic product and website work in regards to privacy, terms, and personal data, and we are in full support of efforts to ensure your protection online.
The following is a collection of legal policies to help answer any questions you have about your experience with Cyberdesic. We’re grateful for your interest and proud to have you as a part of our community!
The following is a collection of legal policies to help answer any questions you have about your experience with Cyberdesic. We’re grateful for your interest and proud to have you as a part of our community!
Terms of Use
Cyberdesic
Website Terms & Conditions
Effective as of 03/10/2021
These Website Terms & Conditions (“T&Cs”) apply to your access and use of www.cyberdesic.com (the “Site”), including all software, data, reports, text, images, sounds, video and content made available by Cyberdesic Inc. (“CD”) through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.
Acceptance of Terms
CD reserves the right, in its sole discretion, to change or modify all or any portion of these T&Cs at any time. CD will post the changes or modifications to these T&Cs on the Site and will indicate at the top of this page the date these T&Cs were last revised. It is your responsibility to check the T&Cs periodically for changes or modifications. Your continued use of the Site and Content after the date any such changes or modifications become effective constitutes your acceptance of the new or revised T&Cs.
Updates to T&Cs
CD reserves the right, in its sole discretion, to change or modify all or any portion of these T&Cs at any time. CD will post the changes or modifications to these T&Cs on the Site and will indicate at the top of this page the date these T&Cs were last revised. It is your responsibility to check the T&Cs periodically for changes or modifications. Your continued use of the Site and Content after the date any such changes or modifications become effective constitutes your acceptance of the new or revised T&Cs.
General Conditions/Access and Use
Authorization to Access and Use Site and Content. Subject to your compliance with these T&Cs and the provisions hereof, you may access and use the Site and Content solely for the purpose of your evaluation of CD and CD’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by CD.
Ownership and Restrictions. All rights, title and interest in and to the Site and Content belong exclusively to CD and will remain as such. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site or any Content available to any third party, (b) use the Site and Content in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or attempt to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of CD that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute or create derivative works of the Site and Content, except that you may download, display and print one copy of the publicly available materials (i.e., the Content that does not require an account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by CD to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by CD. CD reserves the right to take any lawful measures to prevent any or all of the foregoing activities. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CD on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data. You are solely responsible for all data, information and other content, that you upload, post or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to your access or use of the Site.
Reservation of Rights. CD and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. CD grants no rights or licenses (implied, by estoppel or otherwise) whatsoever to you under these T&Cs.
Use of Intellectual Property
Rights in User Content. By posting your information and other content (“User Content”) on or through the Site and Content, you grant CD a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. CD has the right, but not the obligation, to monitor the Site and Content and User Content. CD may remove or disable any User Content at any time for any reason, or for no reason at all.
Unsecured Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to CD’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. CD will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Feedback. You may submit ideas, suggestions or comments (“Feedback”) regarding the Site and Content or regarding CD’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and CD may, without any obligations or limitations, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration or attribution with respect to your Feedback regardless of whether CD considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
Your Representations and Warranties
You represent and warrant to CD that your access and use of the Site and Content and CD’s possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Termination of Access Due to Violations
CD may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to CD, for which monetary damages would be inadequate, and you consent to CD obtaining any injunctive or equitable relief that CD deems necessary or appropriate in such circumstances, without limiting CD’s other available remedies. Further, CD may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
NO WARRANTIES AND DISCLAIMER BY CD
THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL ERRORS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, AND CD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT CD DOES NOT WARRANT THAT YOUR ACCESS AND/OR USE OF THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND CD DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESS AND/OR USE OF THE SITE AND CONTENT. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CD OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs AND YOU SHOULD NOT RELY ON THE SITE AND THE GENERAL CONTENT ALONE AS THE BASIS FOR YOUR BUSINESS DECISIONS.
CD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
LIMITED LIABILITY
Exclusion of Damages and Limitation of Liability. CD does not charge fees for you to access and use the Site and Content pursuant to these T&Cs. The Site does not conduct commercial transactions; the Content is comprised of general information and describes some of the basic elements of CD’s services. As consideration for your free access and use of the Site and Content pursuant to these T&Cs, you further agree that CD WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE T&Cs, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF CD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF CD WITH REGARD TO THESE T&Cs WILL IN NO EVENT EXCEED ONE US DOLLAR (USD $1.00).
Jurisdictional Limitations. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, CD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Dispute Resolution; Jury Waiver
THESE T&Cs ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF TEXAS APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these T&Cs or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Collin County, Texas; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
No Reliance; Due Inquiry
You affirm and agree that, given the general and “as-is” nature of the Site and the Content you are not specifically relying on any statements or materials contained on the Site or in the Content to make any business decisions. Resource allocation and staffing matters are inherently complex and unique. Should you choose to continue your inquiry into whether CD’s services are right for you, you will have an opportunity to make additional inquiry of CD and you should make an independent investigation of the suitability of using CD for your particular business needs. Only after such appropriate due diligence, comprehensive review of CD’s service offerings including the terms and conditions of CD’s service agreements, and a thorough screening of any freelancers CD proposes to you should you come to any conclusions or make any decisions about whether CD, or any freelancers proposed by CD are right for you and your specific project needs or requirements.
Miscellaneous
These T&Cs, and any additions, changes, edits and/or modifications made thereto by CD, together with CD’s Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site and Content, and any subsequent procurement and use of CD‘s services is subject to different, additional agreement(s).
CD does not conduct business with or seek any commercial transactions with: (1) any entity, citizen or resident of or located in a geographic area in which access to or use of the CD services is prohibited by applicable law, decree, regulation, treaty or administrative act; (2) any entity, citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (3) an individual or entity, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation (collectively, a “Prohibited Counterparty”). By accessing the Site and using the Content you represent and warrant that you are not a Prohibited Counterparty and that you will not obtain or (attempt to obtain) services from or a commercial relationship with CD.
These T&Cs and any additions, changes, edits and/or modifications made thereto by CD cannot be amended except by CD as set forth above. The failure of CD to exercise or enforce any right or provision of these T&Cs will not be a waiver of that right. Any notices to CD in connection with this agreement will be made by email transmitted to info@cyberdesic.com provided that you also send a copy of such notice to Cyberdesic Inc, Attn: Legal Department, 5830 Granite Parkway, Suite 100-800, Plano, Texas 75024. In the event that any provision of these T&Cs will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&Cs will otherwise remain in full force and effect and enforceable.
Website Terms & Conditions
Effective as of 03/10/2021
These Website Terms & Conditions (“T&Cs”) apply to your access and use of www.cyberdesic.com (the “Site”), including all software, data, reports, text, images, sounds, video and content made available by Cyberdesic Inc. (“CD”) through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.
Acceptance of Terms
CD reserves the right, in its sole discretion, to change or modify all or any portion of these T&Cs at any time. CD will post the changes or modifications to these T&Cs on the Site and will indicate at the top of this page the date these T&Cs were last revised. It is your responsibility to check the T&Cs periodically for changes or modifications. Your continued use of the Site and Content after the date any such changes or modifications become effective constitutes your acceptance of the new or revised T&Cs.
Updates to T&Cs
CD reserves the right, in its sole discretion, to change or modify all or any portion of these T&Cs at any time. CD will post the changes or modifications to these T&Cs on the Site and will indicate at the top of this page the date these T&Cs were last revised. It is your responsibility to check the T&Cs periodically for changes or modifications. Your continued use of the Site and Content after the date any such changes or modifications become effective constitutes your acceptance of the new or revised T&Cs.
General Conditions/Access and Use
Authorization to Access and Use Site and Content. Subject to your compliance with these T&Cs and the provisions hereof, you may access and use the Site and Content solely for the purpose of your evaluation of CD and CD’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by CD.
Ownership and Restrictions. All rights, title and interest in and to the Site and Content belong exclusively to CD and will remain as such. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site or any Content available to any third party, (b) use the Site and Content in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or attempt to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of CD that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute or create derivative works of the Site and Content, except that you may download, display and print one copy of the publicly available materials (i.e., the Content that does not require an account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by CD to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by CD. CD reserves the right to take any lawful measures to prevent any or all of the foregoing activities. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CD on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data. You are solely responsible for all data, information and other content, that you upload, post or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to your access or use of the Site.
Reservation of Rights. CD and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. CD grants no rights or licenses (implied, by estoppel or otherwise) whatsoever to you under these T&Cs.
Use of Intellectual Property
Rights in User Content. By posting your information and other content (“User Content”) on or through the Site and Content, you grant CD a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. CD has the right, but not the obligation, to monitor the Site and Content and User Content. CD may remove or disable any User Content at any time for any reason, or for no reason at all.
Unsecured Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to CD’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. CD will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Feedback. You may submit ideas, suggestions or comments (“Feedback”) regarding the Site and Content or regarding CD’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and CD may, without any obligations or limitations, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration or attribution with respect to your Feedback regardless of whether CD considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
Your Representations and Warranties
You represent and warrant to CD that your access and use of the Site and Content and CD’s possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Termination of Access Due to Violations
CD may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to CD, for which monetary damages would be inadequate, and you consent to CD obtaining any injunctive or equitable relief that CD deems necessary or appropriate in such circumstances, without limiting CD’s other available remedies. Further, CD may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
NO WARRANTIES AND DISCLAIMER BY CD
THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL ERRORS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, AND CD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT CD DOES NOT WARRANT THAT YOUR ACCESS AND/OR USE OF THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND CD DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESS AND/OR USE OF THE SITE AND CONTENT. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CD OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs AND YOU SHOULD NOT RELY ON THE SITE AND THE GENERAL CONTENT ALONE AS THE BASIS FOR YOUR BUSINESS DECISIONS.
CD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
LIMITED LIABILITY
Exclusion of Damages and Limitation of Liability. CD does not charge fees for you to access and use the Site and Content pursuant to these T&Cs. The Site does not conduct commercial transactions; the Content is comprised of general information and describes some of the basic elements of CD’s services. As consideration for your free access and use of the Site and Content pursuant to these T&Cs, you further agree that CD WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE T&Cs, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF CD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF CD WITH REGARD TO THESE T&Cs WILL IN NO EVENT EXCEED ONE US DOLLAR (USD $1.00).
Jurisdictional Limitations. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, CD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Dispute Resolution; Jury Waiver
THESE T&Cs ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF TEXAS APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these T&Cs or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Collin County, Texas; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
No Reliance; Due Inquiry
You affirm and agree that, given the general and “as-is” nature of the Site and the Content you are not specifically relying on any statements or materials contained on the Site or in the Content to make any business decisions. Resource allocation and staffing matters are inherently complex and unique. Should you choose to continue your inquiry into whether CD’s services are right for you, you will have an opportunity to make additional inquiry of CD and you should make an independent investigation of the suitability of using CD for your particular business needs. Only after such appropriate due diligence, comprehensive review of CD’s service offerings including the terms and conditions of CD’s service agreements, and a thorough screening of any freelancers CD proposes to you should you come to any conclusions or make any decisions about whether CD, or any freelancers proposed by CD are right for you and your specific project needs or requirements.
Miscellaneous
These T&Cs, and any additions, changes, edits and/or modifications made thereto by CD, together with CD’s Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site and Content, and any subsequent procurement and use of CD‘s services is subject to different, additional agreement(s).
CD does not conduct business with or seek any commercial transactions with: (1) any entity, citizen or resident of or located in a geographic area in which access to or use of the CD services is prohibited by applicable law, decree, regulation, treaty or administrative act; (2) any entity, citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (3) an individual or entity, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation (collectively, a “Prohibited Counterparty”). By accessing the Site and using the Content you represent and warrant that you are not a Prohibited Counterparty and that you will not obtain or (attempt to obtain) services from or a commercial relationship with CD.
These T&Cs and any additions, changes, edits and/or modifications made thereto by CD cannot be amended except by CD as set forth above. The failure of CD to exercise or enforce any right or provision of these T&Cs will not be a waiver of that right. Any notices to CD in connection with this agreement will be made by email transmitted to info@cyberdesic.com provided that you also send a copy of such notice to Cyberdesic Inc, Attn: Legal Department, 5830 Granite Parkway, Suite 100-800, Plano, Texas 75024. In the event that any provision of these T&Cs will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&Cs will otherwise remain in full force and effect and enforceable.
Privacy Policy
Cyberdesic
Privacy Policy
Effective as of 03/10/2021
1. Introduction
Welcome to the Cyberdesic website (“Site”). Cyberdesic Inc. (“CD”, “we”, “us”and/or “our”) operates this Site to provide our users (“you” and “your”) with information about CD and its service offerings.
CD is used by freelancers (“Freelancers”) who wish to offer their development, engineering and other services (“Services”) and by clients who need the Services (“Clients”). Freelancers who have passed our screening process and are admitted to our network of Freelancers (“Network”) are referred to as “Talent”. For purposes of this Privacy Policy the term “Freelancers” is broader in scope and includes both Talent and Freelancers who are not Talent. The Personal Data we receive from Freelancers and Clients and how we handle it differs, so we explain our data practices for Freelancers and Clients in two distinct sections below. Navigate to the section below that applies to you.
2. Scope
This Privacy Policy sets out how CD collects, retains and uses information, including personal data (“Personal Data”) from and about Freelancers, Clients and other Site visitors and individuals, which include our vendors, partners, blog readers and job applicants. Our Privacy Policy also applies to affiliated sites and data that CD collects in-person, for instance, at events such as business conferences, trade shows and career fairs.
3. Freelancers
3.1. Information We Collect
A. Information that You Provide to Us
When you apply as a Freelancer on the Site or via an affiliated site, you are asking to be admitted to our Network. In order to admit you to the Network and match your qualifications with our Clients’ needs, we need to perform a screening process, which serves to evaluate your language skills, personality, domain-specific knowledge, competence and professionalism. We may also need to screen potential Freelancers for specific technical skills, as required by our Clients. In this context, you will be asked to provide information about yourself, which may include but is not limited to:
- your name
- contact information
- address
- location
- work experience
- education
- photo
- social network information
- family information
- billing information
- identification
Our provider of background check services may collect additional data about you (including information about criminal convictions or offenses) if and when we undertake vetting/background checks. If applicable to you, your consent to the collection of such additional data will be solicited at such time, pursuant to applicable laws.
When you participate in the community of CD’s Freelancers on our Site, we will collect the information that you elect to share in that context. We will use certain of your Personal Data to enable you to create a profile to be displayed within the Services; this profile may be shared with Clients or may be searchable and may be viewed by Clients seeking Freelancers on our Site.
Once you are admitted to the Network and you are matched with a Client, we will receive from the Client information regarding the performance of your services to that Client, as necessary for maintaining standards of excellence and integrity in our Network.
In addition, CD may record video and/or phone calls with you for quality assurance and training purposes.
B. Information Obtained from Third Parties
We may collect information about you that we receive from third-party applications, for example, third-party recruiting sites or software which helps you keep track of how you spend your time. Please refer to the privacy policy of any such third-party application for information regarding the scope of collected data. The disclosures and practices made in this Privacy Policy equally apply to such data that we receive from third-party applications.
C. Automatically Collected Data
When you interact with CD through the Site or services, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
3.2. How We Use the Information
A. To Provide the Service and Respond to Requests
CD uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we will use the Personal Data in connection with the reason for which it was provided.
In particular, we use data that you provide to us (described above) in order to process your request to become a Freelancer in our Network and administer our contract with you once you become a member of the Network.
B. As Necessary for Certain Legitimate Interests
We use your Personal Data for the legitimate interests described below:
- To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions and policies.
- To conduct analytics on how the Site and our Service are being used by you for our internal purposes, namely for providing, maintaining, benchmarking and improving our offerings and identifying usage trends.
- We use data relating to your use of and interaction with the Site and the Services, including use of product features by you and information that we obtain through cookies and other technologies, to better understand your needs and interests in order to personalize your experience with our Services.
- To market our Services and showcase Freelancers (in particular, we may feature certain profiles of Freelancers to drive traffic from potential Clients).
- To prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks.
- To (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain.
- If you ask us to delete your data and we are required to fulfill your request, we may keep basic data to identify you and prevent further unwanted processing.
4. Clients
4.1. Information We Collect
A. Information that You Provide to Us
We collect Personal Data from our prospective Clients when we receive a request for hiring our Freelancers. This includes names and contact information of a prospective Client’s representatives, and any information relating to the Client’s needs. We also collect Personal Data that is entered on our Site or sent to us electronically, for example when you complete a web form to give Personal Data to us directly (such as on our “Contact Us” page), when you voluntarily provide such information such as when you register for access to the CD platform (for example, your name and mailing address), contact us with inquiries or respond to one of our surveys. Wherever CD collects Personal Data we make an effort to provide a link to this Privacy Policy.
In addition, CD may record video and/or phone calls with you for quality assurance and training purposes.
B. Information Obtained from Third Parties
We may supplement the information that we collected from you (such as your email address) with additional information about you and your company obtained from publicly available and third-party databases or services that provide information about business people and companies (including an individual’s name, job title, business contact information and company information).
C. Automatically Collected Data
When you interact with CD through the Site or services, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
4.2. How We Use the Information
A. To Provide the Services and Respond to Requests
CD uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such Services, maintain your account, contact you regarding your use of the Services and/or the Site or to notify you of important changes to the Services and/or the Site, and to monitor your use of such Services.
B. For Marketing Purposes
We may use your Personal Data to tell you about services we believe will be of interest to you, upcoming events or other promotions. If we do so, each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. Note, however, that as a user of our services you cannot opt out of some administrative communications that are reasonably necessary to the services, such as billing or service notifications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
Where required by applicable law, we will only send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Data. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
C. As Necessary for Certain Legitimate Interests
We use your Personal Data for the legitimate interests described below:
To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions and policies.To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.To conduct analytics on how the Site and our Services are being used by you for our internal purposes (namely for providing, maintaining, benchmarking and improving our offerings, identifying usage trends and determining the effectiveness of our promotional campaigns) and to inform our marketing strategy and personalize our communications with you (including providing information on our features and other marketing and service-related announcements relevant to the content and features you engage with).To supplement the information that we collected from you with information obtained from third parties (described above) in order to update, expand and analyze our records, identify new Clients, and provide products and services that may be of interest to you.To prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks.To (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain.If you ask us to delete your data and we are required to fulfill your request, we may keep basic data to identify you and prevent further unwanted processing.
If CD intends to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected and pursuant to the applicable law.
5. Job Applicants
5.1. Information We Collect
A. Application and Assessment Process
When you apply for employment through our Site, we and our provider of recruiting services will collect the Personal Data that you provide in your resume and cover letter. It is for you to decide what you include in these documents. However, the kinds of information you may wish to include are: your name, contact details, employment history and education.
If you are invited to undertake further assessments (such as an interview) in connection with your application and you participate in such assessments, we will collect further Personal Data that you provide to us as part of that process. The kinds of information you may disclose include information about your qualifications and information about your employment experience.
If you do not provide us with certain information when requested, it may impact our ability to assess your suitability for a role with us or we may not be able to make you an offer of employment.
Throughout the recruitment process, we may create Personal Data in connection with the assessment of your application. For example, we may record the views of those considering your application about your suitability for the role for which you have applied and retain interview notes.
We have a legitimate interest in facilitating the interview process and communicating offers of employment to you, making informed recruitment decisions and selecting suitable candidates for roles with us, and improving our recruiting and hiring processes.
CD may record these interviews with you for quality assurance and training purposes.
We will retain your contact details and resume to inform you of current and future career opportunities (unless you tell us that you do not want us to keep your details for that purpose) pursuant to our legitimate interest in doing so.
B. If Your Application is Successful
If your application is successful we will collect further Personal Data about you in connection with conducting reference and background checks where required or permitted by applicable laws (including, if applicable to you, special categories of Personal Data, and your consent to the collection of such additional data will be solicited at such time, pursuant to applicable laws). We will also collect copies of relevant identification documents from you (such as your passport or driver’s license, proof of address, a copy of your work permit (where applicable), a photograph and a copy of your signature). We use this information to comply with U.S. immigration requirements and to verify your identity for our own internal security purposes. We have a legitimate interest in collecting and using this data to comply with our legal obligations and for the performance of your employment relationship with us.
If you are hired, your Personal Data will be used as part of your employee record under our employee privacy policies.
C. Automatically Collected Data
When you interact with CD through our Site in relation to your application, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
6. Site Visitors
When you interact with CD through the Site or the Services (whether as a Freelancer, as a Client, a job applicant, a blog reader, software end user, external domain visitor, or other visitor to our Site), we and our service providers acting on our behalf will automatically collect information about you through cookies (small text files placed on your device) and other technologies. These cookies may be used to show you ads about our company and services. Although these cookies do not disclose your identity, you may opt out of these cookies at any time. Please see our Cookie Policy to learn more about how we use cookies and other technologies.
As a visitor to our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings and the date and time of your request.
Where the information that we collect automatically on our Site is Personal Data, our legal basis for the use of this information is that it is necessary for the purposes of our legitimate interests in maintaining the safe operation of our Site as well as in learning how Site visitors interact with our Site to improve your use of it.
6.1 External Domain Visitors
CD may own, lease or operate other sites and services to which this section applies, but their domains are external to cyberdesic.com. Visitors to such other sites and services may opt to provide their name and email address. We will use this data to respond to any requests you forward to us or to transmit the requested content to you, such a newsletter or white paper, or to share information and materials regarding CD’s products and services. This information is collected on a consent basis and is not required to access the site.
Any such other sites and services may be operated as an extension of CD. The data collected as part of any such operations are in the same system, and connected to, CD operating data. We may directly access, or cross reference, the data for purposes including Analytics, Client Experience, Lead Conversion, Marketing, Technical Support and Operations.
7. Affiliated Sites
Visitors to domains owned and managed by CD may opt to provide their name, e-mail address and phone number. We will use this data to respond to any requests you forward to us. This information is collected on a consent basis and is not required to access the Site. Domains owned and managed by CD may change from time to time. The data collected as part of these affiliated operations may be in the same system, and may be connected to CD operating data. We may directly access, or cross reference, the data for purposes including analytics, lead conversion and marketing.
8. Events
We may collect Personal Data from you when you attend one of our events, for instance at business conferences, trade shows and career fairs. The data we collect includes information that you voluntarily give to us, such as your business card or contact details. We will use this information to develop a business relationship and in a manner consistent with the purpose for which you gave the information.
Where required by applicable law, we will ask your consent before or when sending you marketing information by email. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
9. Our Disclosure of Your Personal Data and Other Information
CD is not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties, as set forth below:
Business Transfers
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Other Service Providers
CD, like many businesses, sometimes hires other companies to perform certain business-related functions. These parties include website analytics companies, providers of digital advertising services, our hosting and cloud computing service providers, providers of CRM, marketing and sales software solutions, providers of billing and processing payments functions and providers of background check services. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. Pursuant to our instructions, these parties may access, process or store Personal Data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
Legal Requirements
CD may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of CD, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
10. California Residents
10.1. Scope
This section of the Privacy Policy applies solely to California residents, in accordance with the California Consumer Privacy Act of 2018 (“CCPA”). As with other provisions of the Privacy Policy, this section details what Personal Data CD collects, and how and why we collect this data. It’s important to note that CD will not sell your data (as such term is defined in the CCPA), however, we may share your data through the course of business. Please see the section above titled “Our Disclosure of Your Personal Data and Other Information.”
A. The Data We Collect
CD collects Personal Data (from you) as part of the Talent application process, as well as the onboarding process for Clients. We collect information such as the following:
- your name
- contact information
- address
- location
- work experience
- education
- photo
- social network information
- family information
- billing information
- identification
As stated in the sections above, our provider of background check services may request additional information. The data you provide is housed in internal databases for use during the recruiting and job selection process for Clients. A detailed explanation of the types of data we collect and its sources can be found under the above sections “Clients,” “Freelancers” and “Job Applicants.” CD also collects technical information through the use of cookies. For more information, please see the Cookie Policy, and the section above titled “Site Visitors.”
B. Your Rights
CCPA affords you certain rights with regard to data collection and deletion. As of January 1, 2020, the CCPA gives you the following rights:
Right of access. Ask us what categories and types of data we have collected for you over the last 12 months, why the data was collected, and request a copy of such data.
Right of deletion. Request deletion of the data we have for you.
Right to not be discriminated against. You cannot be discriminated against for making a data inquiry.
To contact us, please see the section titled “Contacting CD.” California residents are allowed two inquiries during a 12-month period. We will respond to your inquiry no later than 45 days after receipt.
C. Denial of Data Deletion Requests
In accordance with the CCPA, CD may deny your request to delete data if it meets one of the following criteria:
The data is needed to complete a transactionWe have legal obligations for our company or industryThe data is needed for security and technical purposesIn connection with the right to free speechRequired for research as defined by the CCPAThere is a legitimate interest to keep the data. To understand the scope of “legitimate interest,” please see the applicable section above titled “How We Use the Information”.
11. Your Choices
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain services.
12. Exclusions
This Privacy Policy does not apply to any Personal Data collected by CD other than Personal Data collected through the Site or services. This Privacy Policy shall not apply to any unsolicited information you provide to CD through this Site or through any other means (without prejudice to your rights under the applicable law). This includes, but is not limited to, information posted to any public areas of the Site, such as forums (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and CD shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation, attribution or compensation.
13. Children
CD does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to CD through this Site, please contact us immediately and we will endeavor to delete that information from our databases.
14. Links to Other Web Sites
The Site may contain links to other websites not operated or controlled by CD (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy practices and policies.
15. Security
CD takes reasonable and appropriate steps to protect the Personal Data provided via the Site or the services from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this manner.
16. Other Terms and Conditions
Your access to and use of this Site is subject to our Website Terms & Conditions.
17. Changes to CD’s Privacy Policy
The Site and our business may change from time to time. As a result, at times it may be necessary for CD to make changes to this Privacy Policy. CD reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice, unless otherwise required by applicable law. Please review this policy periodically, and especially before you provide any Personal Data to us. Your continued use of the Site or Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy, without prejudice to your rights under the applicable law.
18. Contacting CD
Please contact us if you have any questions about CD’s Privacy Policy or the information practices of this Site.
info@cyberdesic.com; or
Cyberdesic Inc.
Attn: Legal Department
5830 Granite Parkway, Suite 100-800
Plano, Texas 75024.
Privacy Policy
Effective as of 03/10/2021
1. Introduction
Welcome to the Cyberdesic website (“Site”). Cyberdesic Inc. (“CD”, “we”, “us”and/or “our”) operates this Site to provide our users (“you” and “your”) with information about CD and its service offerings.
CD is used by freelancers (“Freelancers”) who wish to offer their development, engineering and other services (“Services”) and by clients who need the Services (“Clients”). Freelancers who have passed our screening process and are admitted to our network of Freelancers (“Network”) are referred to as “Talent”. For purposes of this Privacy Policy the term “Freelancers” is broader in scope and includes both Talent and Freelancers who are not Talent. The Personal Data we receive from Freelancers and Clients and how we handle it differs, so we explain our data practices for Freelancers and Clients in two distinct sections below. Navigate to the section below that applies to you.
2. Scope
This Privacy Policy sets out how CD collects, retains and uses information, including personal data (“Personal Data”) from and about Freelancers, Clients and other Site visitors and individuals, which include our vendors, partners, blog readers and job applicants. Our Privacy Policy also applies to affiliated sites and data that CD collects in-person, for instance, at events such as business conferences, trade shows and career fairs.
3. Freelancers
3.1. Information We Collect
A. Information that You Provide to Us
When you apply as a Freelancer on the Site or via an affiliated site, you are asking to be admitted to our Network. In order to admit you to the Network and match your qualifications with our Clients’ needs, we need to perform a screening process, which serves to evaluate your language skills, personality, domain-specific knowledge, competence and professionalism. We may also need to screen potential Freelancers for specific technical skills, as required by our Clients. In this context, you will be asked to provide information about yourself, which may include but is not limited to:
- your name
- contact information
- address
- location
- work experience
- education
- photo
- social network information
- family information
- billing information
- identification
Our provider of background check services may collect additional data about you (including information about criminal convictions or offenses) if and when we undertake vetting/background checks. If applicable to you, your consent to the collection of such additional data will be solicited at such time, pursuant to applicable laws.
When you participate in the community of CD’s Freelancers on our Site, we will collect the information that you elect to share in that context. We will use certain of your Personal Data to enable you to create a profile to be displayed within the Services; this profile may be shared with Clients or may be searchable and may be viewed by Clients seeking Freelancers on our Site.
Once you are admitted to the Network and you are matched with a Client, we will receive from the Client information regarding the performance of your services to that Client, as necessary for maintaining standards of excellence and integrity in our Network.
In addition, CD may record video and/or phone calls with you for quality assurance and training purposes.
B. Information Obtained from Third Parties
We may collect information about you that we receive from third-party applications, for example, third-party recruiting sites or software which helps you keep track of how you spend your time. Please refer to the privacy policy of any such third-party application for information regarding the scope of collected data. The disclosures and practices made in this Privacy Policy equally apply to such data that we receive from third-party applications.
C. Automatically Collected Data
When you interact with CD through the Site or services, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
3.2. How We Use the Information
A. To Provide the Service and Respond to Requests
CD uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we will use the Personal Data in connection with the reason for which it was provided.
In particular, we use data that you provide to us (described above) in order to process your request to become a Freelancer in our Network and administer our contract with you once you become a member of the Network.
B. As Necessary for Certain Legitimate Interests
We use your Personal Data for the legitimate interests described below:
- To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions and policies.
- To conduct analytics on how the Site and our Service are being used by you for our internal purposes, namely for providing, maintaining, benchmarking and improving our offerings and identifying usage trends.
- We use data relating to your use of and interaction with the Site and the Services, including use of product features by you and information that we obtain through cookies and other technologies, to better understand your needs and interests in order to personalize your experience with our Services.
- To market our Services and showcase Freelancers (in particular, we may feature certain profiles of Freelancers to drive traffic from potential Clients).
- To prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks.
- To (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain.
- If you ask us to delete your data and we are required to fulfill your request, we may keep basic data to identify you and prevent further unwanted processing.
4. Clients
4.1. Information We Collect
A. Information that You Provide to Us
We collect Personal Data from our prospective Clients when we receive a request for hiring our Freelancers. This includes names and contact information of a prospective Client’s representatives, and any information relating to the Client’s needs. We also collect Personal Data that is entered on our Site or sent to us electronically, for example when you complete a web form to give Personal Data to us directly (such as on our “Contact Us” page), when you voluntarily provide such information such as when you register for access to the CD platform (for example, your name and mailing address), contact us with inquiries or respond to one of our surveys. Wherever CD collects Personal Data we make an effort to provide a link to this Privacy Policy.
In addition, CD may record video and/or phone calls with you for quality assurance and training purposes.
B. Information Obtained from Third Parties
We may supplement the information that we collected from you (such as your email address) with additional information about you and your company obtained from publicly available and third-party databases or services that provide information about business people and companies (including an individual’s name, job title, business contact information and company information).
C. Automatically Collected Data
When you interact with CD through the Site or services, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
4.2. How We Use the Information
A. To Provide the Services and Respond to Requests
CD uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such Services, maintain your account, contact you regarding your use of the Services and/or the Site or to notify you of important changes to the Services and/or the Site, and to monitor your use of such Services.
B. For Marketing Purposes
We may use your Personal Data to tell you about services we believe will be of interest to you, upcoming events or other promotions. If we do so, each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. Note, however, that as a user of our services you cannot opt out of some administrative communications that are reasonably necessary to the services, such as billing or service notifications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
Where required by applicable law, we will only send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Data. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
C. As Necessary for Certain Legitimate Interests
We use your Personal Data for the legitimate interests described below:
To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions and policies.To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.To conduct analytics on how the Site and our Services are being used by you for our internal purposes (namely for providing, maintaining, benchmarking and improving our offerings, identifying usage trends and determining the effectiveness of our promotional campaigns) and to inform our marketing strategy and personalize our communications with you (including providing information on our features and other marketing and service-related announcements relevant to the content and features you engage with).To supplement the information that we collected from you with information obtained from third parties (described above) in order to update, expand and analyze our records, identify new Clients, and provide products and services that may be of interest to you.To prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks.To (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain.If you ask us to delete your data and we are required to fulfill your request, we may keep basic data to identify you and prevent further unwanted processing.
If CD intends to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected and pursuant to the applicable law.
5. Job Applicants
5.1. Information We Collect
A. Application and Assessment Process
When you apply for employment through our Site, we and our provider of recruiting services will collect the Personal Data that you provide in your resume and cover letter. It is for you to decide what you include in these documents. However, the kinds of information you may wish to include are: your name, contact details, employment history and education.
If you are invited to undertake further assessments (such as an interview) in connection with your application and you participate in such assessments, we will collect further Personal Data that you provide to us as part of that process. The kinds of information you may disclose include information about your qualifications and information about your employment experience.
If you do not provide us with certain information when requested, it may impact our ability to assess your suitability for a role with us or we may not be able to make you an offer of employment.
Throughout the recruitment process, we may create Personal Data in connection with the assessment of your application. For example, we may record the views of those considering your application about your suitability for the role for which you have applied and retain interview notes.
We have a legitimate interest in facilitating the interview process and communicating offers of employment to you, making informed recruitment decisions and selecting suitable candidates for roles with us, and improving our recruiting and hiring processes.
CD may record these interviews with you for quality assurance and training purposes.
We will retain your contact details and resume to inform you of current and future career opportunities (unless you tell us that you do not want us to keep your details for that purpose) pursuant to our legitimate interest in doing so.
B. If Your Application is Successful
If your application is successful we will collect further Personal Data about you in connection with conducting reference and background checks where required or permitted by applicable laws (including, if applicable to you, special categories of Personal Data, and your consent to the collection of such additional data will be solicited at such time, pursuant to applicable laws). We will also collect copies of relevant identification documents from you (such as your passport or driver’s license, proof of address, a copy of your work permit (where applicable), a photograph and a copy of your signature). We use this information to comply with U.S. immigration requirements and to verify your identity for our own internal security purposes. We have a legitimate interest in collecting and using this data to comply with our legal obligations and for the performance of your employment relationship with us.
If you are hired, your Personal Data will be used as part of your employee record under our employee privacy policies.
C. Automatically Collected Data
When you interact with CD through our Site in relation to your application, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
6. Site Visitors
When you interact with CD through the Site or the Services (whether as a Freelancer, as a Client, a job applicant, a blog reader, software end user, external domain visitor, or other visitor to our Site), we and our service providers acting on our behalf will automatically collect information about you through cookies (small text files placed on your device) and other technologies. These cookies may be used to show you ads about our company and services. Although these cookies do not disclose your identity, you may opt out of these cookies at any time. Please see our Cookie Policy to learn more about how we use cookies and other technologies.
As a visitor to our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings and the date and time of your request.
Where the information that we collect automatically on our Site is Personal Data, our legal basis for the use of this information is that it is necessary for the purposes of our legitimate interests in maintaining the safe operation of our Site as well as in learning how Site visitors interact with our Site to improve your use of it.
6.1 External Domain Visitors
CD may own, lease or operate other sites and services to which this section applies, but their domains are external to cyberdesic.com. Visitors to such other sites and services may opt to provide their name and email address. We will use this data to respond to any requests you forward to us or to transmit the requested content to you, such a newsletter or white paper, or to share information and materials regarding CD’s products and services. This information is collected on a consent basis and is not required to access the site.
Any such other sites and services may be operated as an extension of CD. The data collected as part of any such operations are in the same system, and connected to, CD operating data. We may directly access, or cross reference, the data for purposes including Analytics, Client Experience, Lead Conversion, Marketing, Technical Support and Operations.
7. Affiliated Sites
Visitors to domains owned and managed by CD may opt to provide their name, e-mail address and phone number. We will use this data to respond to any requests you forward to us. This information is collected on a consent basis and is not required to access the Site. Domains owned and managed by CD may change from time to time. The data collected as part of these affiliated operations may be in the same system, and may be connected to CD operating data. We may directly access, or cross reference, the data for purposes including analytics, lead conversion and marketing.
8. Events
We may collect Personal Data from you when you attend one of our events, for instance at business conferences, trade shows and career fairs. The data we collect includes information that you voluntarily give to us, such as your business card or contact details. We will use this information to develop a business relationship and in a manner consistent with the purpose for which you gave the information.
Where required by applicable law, we will ask your consent before or when sending you marketing information by email. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
9. Our Disclosure of Your Personal Data and Other Information
CD is not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties, as set forth below:
Business Transfers
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Other Service Providers
CD, like many businesses, sometimes hires other companies to perform certain business-related functions. These parties include website analytics companies, providers of digital advertising services, our hosting and cloud computing service providers, providers of CRM, marketing and sales software solutions, providers of billing and processing payments functions and providers of background check services. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. Pursuant to our instructions, these parties may access, process or store Personal Data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
Legal Requirements
CD may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of CD, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
10. California Residents
10.1. Scope
This section of the Privacy Policy applies solely to California residents, in accordance with the California Consumer Privacy Act of 2018 (“CCPA”). As with other provisions of the Privacy Policy, this section details what Personal Data CD collects, and how and why we collect this data. It’s important to note that CD will not sell your data (as such term is defined in the CCPA), however, we may share your data through the course of business. Please see the section above titled “Our Disclosure of Your Personal Data and Other Information.”
A. The Data We Collect
CD collects Personal Data (from you) as part of the Talent application process, as well as the onboarding process for Clients. We collect information such as the following:
- your name
- contact information
- address
- location
- work experience
- education
- photo
- social network information
- family information
- billing information
- identification
As stated in the sections above, our provider of background check services may request additional information. The data you provide is housed in internal databases for use during the recruiting and job selection process for Clients. A detailed explanation of the types of data we collect and its sources can be found under the above sections “Clients,” “Freelancers” and “Job Applicants.” CD also collects technical information through the use of cookies. For more information, please see the Cookie Policy, and the section above titled “Site Visitors.”
B. Your Rights
CCPA affords you certain rights with regard to data collection and deletion. As of January 1, 2020, the CCPA gives you the following rights:
Right of access. Ask us what categories and types of data we have collected for you over the last 12 months, why the data was collected, and request a copy of such data.
Right of deletion. Request deletion of the data we have for you.
Right to not be discriminated against. You cannot be discriminated against for making a data inquiry.
To contact us, please see the section titled “Contacting CD.” California residents are allowed two inquiries during a 12-month period. We will respond to your inquiry no later than 45 days after receipt.
C. Denial of Data Deletion Requests
In accordance with the CCPA, CD may deny your request to delete data if it meets one of the following criteria:
The data is needed to complete a transactionWe have legal obligations for our company or industryThe data is needed for security and technical purposesIn connection with the right to free speechRequired for research as defined by the CCPAThere is a legitimate interest to keep the data. To understand the scope of “legitimate interest,” please see the applicable section above titled “How We Use the Information”.
11. Your Choices
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain services.
12. Exclusions
This Privacy Policy does not apply to any Personal Data collected by CD other than Personal Data collected through the Site or services. This Privacy Policy shall not apply to any unsolicited information you provide to CD through this Site or through any other means (without prejudice to your rights under the applicable law). This includes, but is not limited to, information posted to any public areas of the Site, such as forums (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and CD shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation, attribution or compensation.
13. Children
CD does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to CD through this Site, please contact us immediately and we will endeavor to delete that information from our databases.
14. Links to Other Web Sites
The Site may contain links to other websites not operated or controlled by CD (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy practices and policies.
15. Security
CD takes reasonable and appropriate steps to protect the Personal Data provided via the Site or the services from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this manner.
16. Other Terms and Conditions
Your access to and use of this Site is subject to our Website Terms & Conditions.
17. Changes to CD’s Privacy Policy
The Site and our business may change from time to time. As a result, at times it may be necessary for CD to make changes to this Privacy Policy. CD reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice, unless otherwise required by applicable law. Please review this policy periodically, and especially before you provide any Personal Data to us. Your continued use of the Site or Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy, without prejudice to your rights under the applicable law.
18. Contacting CD
Please contact us if you have any questions about CD’s Privacy Policy or the information practices of this Site.
info@cyberdesic.com; or
Cyberdesic Inc.
Attn: Legal Department
5830 Granite Parkway, Suite 100-800
Plano, Texas 75024.