ZIYNX™ Privacy Policy
Last modified: December 29, 2022
1. Introduction
Next Act Group LLC
(“Next Act Group”)
operates the ZIYNX mobile application(“App”)
, the teamziynx.com website(“Site”)
, and career development, job discovery, and talent recruitment services offered through our platform (together with the Apps and the Site, the“Services”
).Next Act Group respects and protects the privacy of the users that use our Services. We maintain strict policies to ensure the privacy of those who use our Services or submit data to us
(“Users”)
. This policy(“Privacy Policy”)
describes the types of information we may collect from you and our practices for how we collect, use, maintain, protect,and disclose such information. The way that we collect and use your information depends on the way you access the Services (whether by Site or by App). This Privacy Policy also includes a description of certain rights that you may have over information that we may collect from you.By using the Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is to not use our Services.
Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
2. Data Collection Summary
This is a summary of data we do collect and have collected over the past 12 months. The rest of this Privacy Policy provides additional information on our privacy practices.
Categories of Personal Information
• We collect and disclose Identifiers for a business purpose: (Contact details, such as real name, alias, address, telephone number, unique personal identifiers, online identifiers, IP address, email address, and account name)
• We collect and disclose Categories of Information described in the California Customer Records statute for a business purpose: (including name, email, and phone number)
• We collect Geolocation Data, but do not disclose for a business purpose: (device location)
• We collect and disclose Commercial Information for a business purpose: (Transaction information, purchase history, financial details, and payment information)
• We collect and disclose Characteristics of Protected Classifications under California or Federal Law for a business purpose (gender and race/ethnicity, if you choose to provide)
• We collect and disclose Inferences Drawn from other Personal Information to Create a Profile About a Consumer for a business purpose: (Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics)
• We collect and disclose Internet or other Electronic Network Activity Information for a business purpose: (Browsing history, search history, and online behavior, solely with respect to activities in the App or on the Site)
• We do not collect or disclose Biometric Information for a business purpose: (Fingerprints and voiceprints
• We collect and disclose Audio, Visual, or Similar Information for a business purpose: (Text, photographs, and user videos with audio created in connection with our business activities)
• We collect and disclose Professional or Employment Related Information for a business purpose: (Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications)
• We do not collect or disclose Non-Public Education Information for a business purpose: (per the Family Educational Rights and Privacy Act) (Student records and directory information)
We do not sell any of the above data for a business purpose.
3. Information that Next Act Group Collect
Types of Information Collected
Personal Data
“Personal Data” is information by which you may be personally identified. Next Act Group may collect the following Personal Data from you:
• Name;
• Profile Photos;
• Email;
• Phone Number;
• Password;
• Audio, electronic, or visual information;
• Professional or employment-related information;
• Race/ethnicity (optional: not displayed on Talent User profile)
• Gender expression (optional: not displayed on Talent User profile)
For Company Users only (not Talent Users, for whom the Services are free to use):
• Billing Address;
• Payment Information (solely through 3rd party service provider);
• Bank account number (solely through 3rd party service provider).
Non-Personal Data
Non-personal data includes any data that cannot be used on its own to identify, trace, or identify a person. We may collect your educational degree and major information, graduation date, athletic status, IP Address, device information, or location information.
When non-Personal Data you give to us is combined with Personal Data we collect about you, it will be treated as Personal Data and we will only use it in accordance with this Privacy Policy.
How we collect information.
We collect information about you in three ways:
1) when you provide it do us directly through an interaction with us; for example
• When you register for an account;
• When you enter a contest;
• When you place a purchase order (Company Users only);
• When you provide feedback;
• When you participate in surveys, chats, or other forums; and
• When you contact us for service requests.
2) through automated collection methods like cookies or log files; and
3) when we obtain the information through a third party.
Why we collect and how we use your information. (Legal Basis)
We collect and use your Personal Data when we have a legitimate purpose to do so, including the following reasons:
• to verify your eligibility to use the Services;
• to confirm identity to use the Services;
• when it is necessary for the general functioning of the Services, including to facilitate payments (for Company users only) or to contact you;
• when it is necessary in connection with any contract you have entered into with us (including our Terms of Service or when Company users make a purchase through the site) or to take steps prior to entering into a contract with us;
• when we have obtained your or a third party’s prior consent to the use, including to communicate with you about our features and about upcoming events offered by corporate partners with whom we have relationships;
• when we have a legitimate interest in processing your information for the purpose of providing or improving our Services;
• when have a legitimate interest in using the information for the purpose of contacting you, subject to compliance with applicable law; or
• when we have a legitimate interest in using the information for the purpose of detecting, and protecting against, breaches of our policies and applicable laws
We may use aggregated (anonymized) information about our Users, and information that does not identify any individual, without restriction.
Information Collected from Third Parties
information from our service providers:
We may receive information about you from third-party service providers that we engage for providing or marketing our products and services.Information from social media sites and other publicly available sources:
When you interact or engage with us on social media sites through posts, comments, questions and other interactions, we may collect such publicly accessible information, including profile information, to allow us to connect with you, improve our products, or better understand user reactions and issues. We must tell you that once collected, this information may remain with us even if you delete it from the social media sites.Accessing and Controlling Your Information
If you would like to prevent us from collecting your information completely, you should cease use of our Services as our platform does not operate without collecting information. You can also control certain data via these other methods:
Opt-out of non-essential electronic communications: You may opt out of receiving promotional notices, newsletters and other non-essential messages by using the ‘unsubscribe' function included in all such messages. However, you will continue to receive notices and essential transactional emails
Amend information: You may amend your account information within your account dashboard.
Optional information: You can always choose not to fill in non-mandatory fields when you submit any form linked to our services.
If you are a California resident, you also have the rights disclosed below
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents` privacy rights, see Data Rights for California Individuals below. California`s `Shine the Light` law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please send a request to [email protected]. To appeal a decision regarding a consumer rights request, send an additional email to [email protected] entitled “APPEAL.“
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to [email protected].However, please know we do not currently sell data triggering that statute`s opt-out requirements.
Data Rights for California Individuals
You have the following rights with respect to information that we hold about you. We attempt to provide you the same rights no matter where you choose to live.
•
Right to access:
You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information`s source, purpose and period of processing, and the persons to whom the information is shared.•
Right to rectification:
You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.•
Right to erasure:
You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.•
Right to restriction of processing:
You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.•
Right to data portability:
You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.•
Right to object:
You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.We acknowledge your right to request access, amendment, or deletion of your data. We also recognize that you have the right to prohibit sale of your data, but we do not sell data.
You can exercise the rights described above, by sending an email or mail to the addresses listed in the Contact section below. Only you, or an agent authorized to make a request on your behalf, may make a request related to your personal information.
We cannot respond to your request if, (i) we cannot verify your identity; or (ii) your request lacks sufficient details to help us handle the request. We will make our best efforts to respond to your request within 45 days of its receipt. If we cannot respond in 45 days, we will inform you, in writing, the reason for the delay and will respond to your request within 90 days. Any information we provide will only cover the 12-month period preceding the request's receipt.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We are not obligated to provide responses to your data requests more than twice in a 12-month period.
How Long Do We Store Personal Data?
We will only retain your Personal Data for as long as is necessary to fulfill the purposes for which it is collected. This length of time may vary according to the nature of your relationship with us. Personal Data will be purged after you choose to terminate your account, or after five years of nonuse of an account.
Automated Data Collection Methods
•
Cookies (Site only):
A cookie is a small file placed on the hard drive of your computer. Cookies are used to help us manage and report on your interaction with the App or Site. Through cookies, we are able to collect information that we use to improve the Services, manage multiple instances of the Services in a single browser, keep track of usernames and passwords, monitor click-stream data, and tailor your experience with the Services. Cookies may also collect other data such as the date and time you visited the App or Site, and your current IP address.•
Log Files:
We use means through the Services to collect IP addresses, browser types, domain names, access times, physical or device location, browsing or search history, and online behavior inside the App. We use this information to ensure compliance with various state or provincial laws, including by verifying location, and to improve our Services, verify identity, and monitor financial transactions.Do Not Track Settings
We do not track our Users over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals.
Users under the age of 16
Our Services are not intended for anyone under 18 and especially not for any children under 16 years of age and we do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or register on the Services, make any purchases, use any of the interactive or public comment features, or provide any information about yourself to us. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address listed below.
4. Who We Share Data With
We may use aggregated (anonymized) information about our Users, and information that does not identify any individual, without restriction.
We do not sell or otherwise disclose Personal Data specific personal or transactional information to anyone except as described below.
Other Users
For Talent Users of the Services:
If you register to use the Services, we may share the information identified below (the minimum required content for creating a Talent User profile on the Services) with Company Users once you have completed updating your profile. Once completed, your Talent User profile is viewable only by Company Users of the Services (not by the public or other Talent Users; however, certain user videos may appear in an explore feed feature in the App or as an example to inspire content creation by other Talent Users).• Username;
• Name;
• Profile photos;
• Profile information, which includes:
- graduation date,
- educational degree and major,
- location interests; and
- career interests;
• Contact information (either via ZIYNX-generated email address or Talent User phone number);
• Audiovisual content created by Talent User (which may include talent personal introduction and career interests); and
• Personal statements created by Talent User (which may include responses to questions about athletic, educational, or professional achievements and career interests).
If you choose to provide OPTIONAL race/ethnicity or gender expression information, these will not be displayed on Talent User profiles shared with Company Users.
However, Company Users may search and filter talent by graduation date, educational major, location interests, career interests, and any optionally-provided demographic information.For Company Users of the Services:
If you register to use the Services, we may share the information identified below (the minimum required content for creating a Company User profile on the Services) with Talent Users once you have completed your profile• Company name;
• Profile photos;
• Profile information, which includes:
- Headline, and
- Industry;
• Company job posts, which includes:
- Job post name
- Location
- Department
- Seniority level
- Job description, and
- Link to job application on Company or third party website;
• Audiovisual content created by Company User (which may include company introduction and company values or D&I initiatives); and
• Content activities for engagement with Talent Users (which may include questions for Talent Users).
Talent Users may view Company information through the Services on the Company’s User profile or on the Talent User’s explore feed or dashboard.
Affiliates and Subsidiaries
We may, for our legitimate interests, share your information with entities under common ownership or control with us who will process your information in a manner consistent with this Privacy Policy and subject to appropriate safeguards. Such parent companies, affiliates, or subsidiaries may be located in the United States.
Successors in Interest
We may, for our legitimate interests, share your information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which Personal Data about our Users is among the assets transferred. You will be notified of any such change by a prominent notice displayed on our Services or by e-mail. Any successor in interest to this Privacy Policy will be bound to the Privacy Policy at the time of transfer.
Law enforcement and other governmental agencies.
We may share your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.
Service Providers.
We may, for our legitimate interests, share certain information with contractors, service providers, third party authenticators, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Some of the functions that our service providers provide are as follows:
- Host server infrastructure and storage;
- Business analytics services;
- In-App user management;
- Link or integrate with job applications on third-party websites;
- Payment processing;
- Marketing, sales, and service management; and
- Email management services
5. Third-Party Services and Websites
Next Act Group is not responsible for the privacy policies or other practices employed by websites linked to, or from, our Site or App nor the information or content contained therein, and we encourage you to read the privacy statements of any linked third party. This includes sharing information via social media websites.
6. Data Storage and How Next Act Group Protects Your Information
Next Act Group stores basic User data on our servers including name, email, phone number, address, username, audio, electronic, or visual information, and educational or professional information. Payment information is processed and stored by our partners or service providers. Personal Data about Users is stored within the United States. The Services are only intended to be used inside the United States. If you are using the Services from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Data to the United States. The United States may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Data, you consent to any transfer and processing in accordance with this Privacy Policy. For the avoidance of doubt, our platform is not intended for any users outside of the United States.
Next Act Group employs physical, electronic, and managerial control procedures to safeguard and help prevent unauthorized access to your information. We choose these safeguards based on the sensitivity of the information that we collect, process and store and the current state of technology. Our outsourced service providers who support our operations are also vetted to ensure that they too have the appropriate organizational and technical measures in place to protect your information
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your information transmitted to the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. In the event that there is breach in the information that we hold; we shall notify of such breach via email or via notice on the Services.
7. Changes to the Privacy Policy
It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our Users’ Personal Data, we will notify you by email to the primary email address specified in your account or through a prominent notice on the Site or App. Such changes will be effective when posted. The date the Privacy Policy was last revised is identified at the top of the page. Your continued use of our Services following the posting of any modification to this Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy. You can choose to discontinue use of the Service if you do not accept any modified version of this Privacy Policy.
8. Questions and Comments
If you have any questions or comments about this Privacy Policy, or if you would like to file a request about the data we hold or file a deletion request, please contact us at [email protected].
