WEBSITE TERMS & CONDITIONS

 

myHRcounsel 2.0 Website Terms & Conditions of Use

 

1.         Definitions

(a)       “Client” means the myHRcounsel or myHRcounsel Pro (myHRcounsel and myHRcounsel Pro are collectively referred to as “myHR”) Client or Affiliate identified through registration with the myHRcounsel website and in any applicable Master Services Agreement and Statement of Work.

(b)       “Affiliate(s)” means any entity directly or indirectly controlled by, controlling or under common control with either Party.  An entity will be deemed to control another entity if it has the power to direct the management or policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.  All rights granted under these Terms and Conditions to the Client extend to Affiliates and any references to Client include its Affiliates, exclusive of any License rights.

(c)       “Terms and Conditions” shall mean these Terms and Conditions between myHRcounsel and Client, together with all exhibits and addendums attached hereto or associated herewith, now or in the future.

(d)        “Documentation” means all operating manuals, user manuals, training and marketing materials, guides, product descriptions, product specifications, technical manuals, supporting materials and other information relating to the Services and provided by on behalf of myHR to the Client.

(e)       “myHR Personnel” means any third party, including, but not limited to any person employed by myHR, its affiliates, or an independent contractor, engaged by or on behalf of myHR and providing Services to Client hereunder. 

(f)        “Services” means the applicable human resources, employment, and business law advice noted in Sections 3, 4, and 5.

(g)       “Party” or “Parties” means the entities identified through registration with the myHR website and in any applicable Master Services Agreement and Statement of Work.

(h)       Other definitions that appear throughout these Terms and Conditions are defined in their respective sections or subsections, but apply throughout these Terms and Conditions as though they were listed above.

 

 

2.       Term and Termination.

(a) Term.  The term of this agreement (the “Initial Term”) commences on the date Client submits acceptance of these terms and conditions and the license agreement and continues thereafter for a period of one (1) year or unless and until sooner terminated as provided in section 2(b).  Upon expiration of the Initial Term, this agreement shall automatically renew on a month-to-month basis unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the end of the then-current term, or unless sooner terminated as provided in section 2(b).     

(b) Termination.  Client’s failure to pay fees for services when due, or any violation of the Terms and Conditions set forth herein, shall be grounds for immediate termination of use of the Services provided by myHR with or without prior notice to Client.

(c)   Effect of Termination and Survival.

Upon any termination of these Terms and Conditions:

i.  Client will immediately destroy all copies of the myHR Confidential Information in its possession or under its control; and

ii.  myHR will destroy any Client Confidential Information in its possession or under its control.

iii.  Within thirty (30) days of termination of the Services, Client will pay myHR all accrued unpaid fees and charges.

iv.   Survival. The following Sections: “myHR Disclaimer,” “Limitation of Liability,” “Confidential Information,” “Indemnification,” “Termination,” and “Miscellaneous” shall survive any expiration or termination of these Terms and Conditions.

3.      Services.

(a)       System Access.

i.      myHR will provide Client access to its web-based system, which includes information, forms, and access to submit questions electronically 24 hours a day.

 ii.      myHR will have the appropriate staff to ensure:

1.      Inquiries are answered and initial information on account is transcribed

2.      Inquiry is triaged to clarify question/issue and routed to appropriate HR expert to answer Client question

 

 

4.       myHRcounsel and iSolved Legal- HR and Employment Law Compliance Services

 myHRcounsel will provide Client with human resource management and employment law compliance assistance:

Human Resources Audit and Recommendations

·         Provide up-to-date employee handbook      

·         Online assistance with human resource management

·         Legal research, document reviews, and recommendations for employment law and human resources questions

·         Advice on investigation and resolution of employee complaints

·         EEOC (Equal Employment Opportunity Commission)

·         FMLA (Family Medical Leave Act)

·         ADA (Americans with Disabilities Act/disability accommodations)

·         FLSA (Fair Labor Standards Act/wage & hour concerns)

·         ACA (Affordable Care Act/health care reform)

·         Form I-9 (immigration compliance)

·          Performance management tools and support

Employee On-Boarding

·         Interview policy and procedures

·         Non-compete terms and conditions

·         Employment offer letters

·         Independent contractor agreements

·         Consultant agreements

·         Employee agreements

 

Employee Off-Boarding

·         Guidance for managers on disciplinary actions, layoffs, and terminations

·         Assistance with documentation for personnel files

·         Termination checklist

·         Review or drafting of termination letter

·         Non-compete enforcement advice

·         Assistance responding to employee questions or complaints

Related Employment Legal Support

·         Proactive state and federal law updates

·         Guidance and recommendations on conducting internal human resources and employment law audits

·         Legal advice on employment law and human resources topics affecting your business

·         Employment agreements

 

(a) Modifications. myHR reserves the right to modify the services at its sole discretion from time to time with or with or without notice.

(b) Additional Services. “Additional Services” will mean those services requested by Client that are outside the scope of the Services detailed herein. If Client requests provision of Additional Services, myHR will review such written request, and if the Parties agree in writing for such Additional Services, including any fee adjustments, then myHR may provide such Additional Services as set forth in a jointly developed change order.

(c) Exclusions; Conflicts

 i.      The following items and matters are specifically excluded from the HR and Employment Law Services, and are not to be considered or treated as plan benefits:

1.     Any services provided by myHRcounsel Pro or ERISA Complete. 

2.   Any matter where an attorney needs to enter a formal appearance before a court, administrative agency, or in alternative dispute resolution (e.g., litigation, arbitration, mediation, etc.).

3.       Any action that directly or indirectly involves myHRcounsel, LLC, or any of its affiliates, directors, agents, or employees;

4.      Any action that directly or indirectly involves any firm providing legal services under the HR and Employment Law Services; provided, however, that a firm may, at its sole discretion and risk, represent a Client in a matter in which another affiliated firm is representing another party as legal counsel;

5.      Any adversarial action by a Client that directly or indirectly involves any other Client;

6.      Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Client’s enrollment that did or may give rise to a lawsuit by or against such Client; provided, however, that myHRcounsel or an affiliated firm may, in its sole discretion and at its own risk, disregard this exclusion;

7.      Any action that resulted in the prior recruitment or retention by the  Client of another attorney; provided, however, that myHRcounsel or an affiliated firm may, in its sole discretion and at its sole risk, disregard this exclusion;

8.      Any matter involving the laws of jurisdictions outside of the United States or its subdivisions;

9.      Any appeal to an appellate court; provided, however, that myHRcounsel or an affiliated firm may, in its sole discretion and at its sole risk, disregard this exclusion;

10.      Any matter that, in the myHRcounsel’s opinion, is frivolous in nature or objective;

11.      Any case matter or requested service that is determined by myHRcounsel to lack sufficient merit to warrant pursuit, or that myHRcounsel decides has been raised an inordinate or unreasonable number of times without a change in circumstances;

12.   Any matter that will result in violation of the Rules of Professional Conduct or other law, as determined in myHRcounsel's sole direction;

13.   Any course of action involving myHRcounsel's services that myHRcounsel reasonably believes is criminal or fraudulent; or

14.   Any legal matters that are those of third-parties (e.g., customers of Client or a Client's employee's personal legal issue).

 

5.         myHRcounsel Pro - Business Law Compliance Services

 myHRcounsel Pro will provide Client with the following business law compliance assistance:

Contract Management

· Review/provide up-to-date master service agreements and statements of work

· Access to our online template library

· Vendor agreements

· Non-disclosure agreements

· Confidentiality agreements

· Personal guarantees

· Software licensing

· Purchase order terms and conditions

· Consignment agreements

· Contracts

·          Amendments

·          Assignments

·          Assumptions

·          Renewals

·          Terminations

·          Waivers

· Settlement agreements

· Independent contractor agreements

Collections

· Collections handled on contingent fee basis

· Commercial Collections: 15% Contingent fee pre-litigation/30% Contingent fee plus a suit fee and cost advance if litigation is required.

· Retail Collections: 25% Contingent fee pre-litigation/30% Contingent fee plus a suit fee and cost advance if litigation is required.

· Supported by experienced attorneys

 Related Legal Support

· Proactive online state and federal law updates

· Business law compliance reviews

· Business-related legal document review

· Expert assistance with corporate policies and regulatory compliance

· Legal research, document reviews, and recommendations

 Commercial Lease Review

· Review proposed lease agreements

· Consultation with user on suggested changes or additions

· Assistance of final draft of lease

 

(a) Modifications. myHRcounsel Pro reserves the right to modify the services at its sole discretion from time to time with or with or without notice.

(b) Additional Services. “Additional Services” will mean those services requested by Client that are outside the scope of the Services detailed herein. If Client requests provision of Additional Services, myHRcounsel Pro will review such written request, and if the Parties agree in writing for such Additional Services, including any fee adjustments, then myHRcounsel Pro may provide such Additional Services as set forth in a jointly developed change order.

(c) Exclusions; Conflicts

 i.      The following items and matters are specifically excluded from the Business Law Services, and are not to be considered or treated as plan benefits:

1.       Any services provided by myHRcounsel or ERISA Complete.

2.       Any work related to: state and federally regulated securities; mergers, acquisitions, or joint ventures; federal corrupt practices act; corporate restructuring or formation of new business entities; federal, state, and local tax preparation, filing, responses, and audits; copyright/patents/trademark; product liability and recalls; antitrust; zoning; environmental regulations; litigation, except as indicated under collections, above; bankruptcy matters on behalf of a petitioner; title searches; being a franchisor or dealer; any matter where an attorney needs to enter a formal appearance before a court, administrative agency, or in alternative dispute resolution (e.g., litigation, arbitration, mediation, etc.).

3.       Any action that directly or indirectly involves myHRcounsel Pro, LLC, or any of its affiliates, directors, agents, or employees;

4.      Any action that directly or indirectly involves any firm providing legal services under the Business Law Services; provided, however, that a firm may, at its sole discretion and risk, represent a Client in a matter in which another affiliated firm is representing another party as legal counsel;

5.      Any adversarial action by a Client that directly or indirectly involves any other Client;

6.      Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Client’s enrollment that did or may give rise to a lawsuit by or against such Client; provided, however, that myHRcounsel Pro or an affiliated firm may, in its sole discretion and at its own risk, disregard this exclusion;

7.      Any action that resulted in the prior recruitment or retention by the Client of another attorney; provided, however, that myHRcounsel Pro or an affiliated firm may, in its sole discretion and at its sole risk, disregard this exclusion;

8.      Any matter involving the laws of jurisdictions outside of the United States or its subdivisions;

9.      Any appeal to an appellate court; provided, however, that myHRcounsel Pro or an affiliated firm may, in its sole discretion and at its sole risk, disregard this exclusion;

10.      Any matter that, in the myHRcounsel Pro’s opinion, is frivolous in nature or objective;

11.      Any case matter or requested service that is determined by myHRcounsel Pro to lack sufficient merit to warrant pursuit, or that myHRcounsel Pro decides has been raised an inordinate or unreasonable number of times without a change in circumstances;

12.   Any matter that will result in violation of the Rules of Professional Conduct or other law, as determined in myHRcounsel Pro's sole direction;

13.   Any course of action involving myHRcounsel Pro's services that myHRcounsel Pro reasonably believes is criminal or fraudulent; or

14.   Any legal matters that are those of third-parties (e.g., customers of Client or a Client's employee's personal legal issue).

 

 

6.      Responsibilities.

(a) Client’s Responsibilities.

i.  Client will appoint an individual (“Client’s Contract Manager”) who from the effective date will serve as the primary Client representative under these Terms and Conditions. The Client’s representative will (A) have overall responsibility for managing and coordinating the performance of Client’s obligations under these Terms and Conditions, and (B) be authorized to act for and on behalf of Client with respect to all matters relating to these Terms and Conditions.

 

(b) myHR's Responsibilities.

i.  myHR will appoint an individual (“myHR’s Client Manager”) who from the effective date will serve as the primary Client representative under these Terms and Conditions. myHR’s Client Manager will (A) have overall responsibility for managing and coordinating the performance of myHR’s obligations under these terms and conditions, and (B) be authorized to act for and on behalf of myHR with respect to all matters relating to these Terms and Conditions.

7.         Confidential Information.

(a) Definition. "Confidential Information" of a Party means:

i.  (i) any Client information or technology; (ii) any myHR information or technology; (iii) any Client information owned by myHR or its affiliates, including but not limited to Wagner, Falconer & Judd, Ltd.; (iv) the terms and pricing under these Terms and Conditions or any other affiliated agreement; and (v) all information clearly marked as confidential by the disclosing Party at the time of disclosure or, if disclosed orally, summarized in writing, marked as confidential and delivered to the receiving Party within thirty (30) days of disclosure. Confidential Information will not include information that: (A) is in or enters the public domain without breach of these Terms and Conditions or any other affiliated agreement; (B) the receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; or (C) the receiving Party knew prior to receiving such information from the disclosing Party or develops independently.

(b) Restrictions. Each Party agrees:

i. that it will not use any Confidential Information of the other Party for any purpose other than to exercise its rights and perform its obligations under these Terms and Conditions or any other affiliated agreement;

ii. that it will not disclose to any third party any Confidential Information of the other Party except as expressly permitted in these Terms and Conditions, provided, however, that either Party (“Recipient”) may (A) disclose the Confidential Information of the other Party (“Discloser”) to Recipient's employees and contractors who need to know such information and who are bound in writing by restrictions regarding disclosure and use of such Confidential Information comparable to those set forth herein, and (B) use or disclose such Confidential Information to the extent Recipient is legally compelled to disclose such Confidential Information, provided, however, that prior to any such compelled disclosure, Recipient will give Discloser reasonable advance notice of any disclosure and will cooperate with Discloser in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information; and

iii. that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control, which will in no event be less than the measures it uses to maintain the confidentiality of its own confidential or proprietary information of a similar nature.

8.      Warranties.

myHR Disclaimer. ALL DESIGNATED SERVICES, AND SERVICES RENDERED OR EQUIPMENT SUPPLIED IN CONNECTION WITH THIS AGREEMENT, ARE RENDERED AND SUPPLIED "AS IS," UNLESS SPECIFICALLY NOTED TO THE CONTRARY. MYHR AND ITS AFFILIATES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE DESIGNATED SERVICES, AND SERVICES RENDERED OR EQUIPMENT SUPPLIED IN CONNECTION WITH THIS AGREEMENT AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9.      Limitation of Liability.

IN NO EVENT WILL MYHR'S LIABILITY, NOR THE LIABILITY OF ITS AFFILIATES,ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY DAMAGES OR LIABILITY FROM ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY CLIENT TO MYHR HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM. EXCEPT WITH RESPECT TO EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE PARTY OTHERWISE LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY WILL BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE DESIGNATED SERVICES OR MYHR OR CLIENT TECHNOLOGY.

 

10.       Indemnification. 

(a)    myHR Indemnity.  myHR will defend Client from and against all Claims against Client and pay all related damages, costs, and other liabilities resulting from (i) the delivery of myHR’s services, and (ii) the negligence by myHR in the performance of obligations under these Terms and Conditions.

(b)   Client Indemnity. Client will defend myHR from and against any and all Claims against myHR and pay all related damages, costs and other liabilities resulting from (i) Client’s unauthorized marketing or resale of myHR Services under these Terms and Conditions, and (ii) the negligence by Client in the performance of obligations under these Terms and Conditions or its delivery of services to its clients whether bundled or not with myHR’s services.

11.      Dispute Resolution.

(a) Initial Good Faith Negotiation. All disputes, controversies, or claims arising out of these Terms and Conditions shall first be negotiated between the Parties’ executive officers in good faith.

(b) Injunctive Relief.  Nothing in these Terms and Conditions shall bar myHR’s right to seek specific performance of the provisions of these Terms and Conditions and injunctive relief against threatened conduct that will cause it loss or damages, including applicable rules for obtaining restraining orders and preliminary injunctions.  Client agrees that myHR may obtain such injunctive relief in addition to such further or other relief as may be available at law or in equity. Client agrees that myHR will not be required to post a bond to obtain any injunctive relief and that Client’s only remedy if an injunction is entered against Client will be the dissolution of that injunction, if warranted, upon due hearing. All claims for damages by reason of the wrongful issuance of such injunction being expressly waived hereby.

 (c) Costs and Legal Fees.  If myHR engages legal counsel in connection with any failure by Client to comply with these Terms and Conditions, Client shall reimburse myHR for costs and expenses incurred by myHR, including, without limitation, reasonable accountants’, attorneys’, attorneys’ assistants, arbitrators’ and expert witness fees, cost of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses, whether incurred prior to, in preparation for, in contemplation of or in connection with the filing of any judicial or arbitration proceeding to enforce these Terms and Conditions.

(d) Arbitration. Any and all disputes arising out of, under or in connection with these Terms and Conditions, expressly excluding injunctive relief or specific performance as detailed herein, but including, without limitation, its validity, interpretation, performance, and breach, shall be finally and confidentially settled under the Rules of Arbitration of the American Arbitration Association. The arbitration shall take place in Minneapolis, Minnesota. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails. The judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. Notwithstanding the foregoing, myHR shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Client in the event that, in the opinion of myHR, such action is necessary or desirable. The Parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.

(e) Payment Provisions During Dispute. Client will not withhold payments during a dispute, but instead, pay disputed amounts into an escrow account, which will be promptly dispersed to the appropriate party upon resolution of the dispute.

(f) Discussions and Documents. Discussions and correspondence among the representatives referenced in this Section and prepared for purposes of the dispute negotiations shall be treated as confidential information developed for purposes of settlement, shall be exempt from discovery and production, and shall not be admissible in any arbitration or judicial proceeding initiated after the completion of such discussions. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in any subsequent proceeding.

12.  Miscellaneous.

(a) Notices. Notices under these Terms and Conditions will be in writing and will be deemed given when delivered personally, by facsimile (with confirmation of receipt), or conventional mail (registered or certified, postage prepaid with return receipt requested). Notices will be addressed to the Parties at the addresses appearing in the introductory paragraph of these Terms and Conditions, but each Party may change the address by written notice in accordance with this paragraph.

(b) Assignment. These Terms and Conditions will be binding upon and inure to the benefit of the Parties, their successors and permitted assigns. Neither Party may transfer or assign these Terms and Conditions without the other Party’s prior written consent.

 (c) Relationship of the Parties. In providing the content and services, myHR is acting as an independent contractor. Except as expressly set forth in these Terms and Conditions, neither Party undertakes to perform any obligation of the other Party or any other person, whether regulatory or contractual, or to assume any responsibility for the business or operations of the other Party or any other person. myHR will not be considered or be deemed to be an employee, joint-venture, or partner of Client or any other person, and no other similar relationship is intended or created by and between myHR and Client. myHR has the sole right to supervise, mandate, contract, direct, procure, provide, or cause to be provided all designated services. Neither Party will make any representation, express or implied, that such Party is an employee, agent or legal representative of the other Party, nor will either Party assume or incur liabilities or obligations of any kind to a third party in the name or on behalf of such Party. Nothing contained in these Terms and Conditions is intended or is to be construed to create a partnership, employment, joint venture, or agency relationship between myHR and Client.

(d) Force Majeure. myHR will not be deemed to be in default of, or to have breached, any provision of these Terms and Conditions as a result of, or be liable for any loss, damage, or penalty resulting from, any act, omission, or condition beyond myHR’s reasonable control, including without limitation acts of God, strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods, or other natural disaster or Client’s, users’ or any third party’s actions, hardware, software or communications equipment or facilities (each a “Force Majeure Event”).

(e) Choice of Law. This Terms and Conditions will be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Minnesota to the rights and duties of the Parties. The Parties hereby expressly waive and disclaim any applicability of the provisions of the United Nations Convention on the International Sale of Goods.

(f) Subject Headings. The subject headings or captions of the sections and subsections of these Terms and Conditions are included solely for purposes of convenience and reference only and will not be deemed to explain, modify, limit, amplify, or aid in the meaning, construction or interpretation of any of the provisions of these Terms and Conditions.

 

Privacy Policy

myHRcounsel, LLC (the “Company”) is committed to complying with all laws intended to protect your right of privacy. This Privacy Policy describes (i) the type of information about you that we collect, and (ii) the Company's practices with respect to gathering and disseminating information about you. This Privacy Policy was established within the context of our myHRcounsel.com website and the potential for gathering personal information within electronic media; however, the Privacy Policy is not limited to the myHRcounsel.com website. Our Privacy Policy applies whenever you and the Company interact and there is a possibility that during such interaction, we may acquire certain information about you. Please read the following policy to understand how your personal information will be treated as you make full use of our many features.

The Company may, but is not obligated to, update this Privacy Policy from time to time. You should review this Privacy Policy periodically to familiarize yourself with the most current version. If we decide to change our Privacy Policy, we will post those changes to our website so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Material changes to this Privacy Policy will be posted on this website 30 days prior to execution.

If you have questions or concerns regarding your privacy or this Privacy Policy, you should contact myHRcounsel Customer Service at:

 

By Mail:

Privacy Officer 

myHRcounsel, LLC

100 South Fifth Street, Suite 800

Minneapolis, MN 55402

By Phone:

612-339-1421

By Email:

info@myHRcounsel.com

Collection and Use of Anonymous Information

Anonymous information is not personally identifiable information. Anonymous information is information that is collected automatically that relates to, but is not limited to, how certain features of our website are used, what general region our visitors are contacting us from and how many people visit our website at any given time. We use this information, and may share with, license to, or sell this information to third parties, for the purpose of allowing targeted marketing through our website.

Collection and Use of Personally Identifiable Information

In the course of providing information or services, we may collect and maintain certain non-public personal information that will help us to efficiently perform various transactions. We may be required to share your personal information with certain partner organizations and third party service providers as part of our contractual relationship with them. Also, your personal information may be entered into software systems maintained by our third party application service providers (e.g., our web portal provider, software vendor, and affiliated law firms) for the purpose of allowing us to conduct our services. To the extent that your personal information is used in the foregoing manner, we will use commercially reasonable efforts to ensure that our service providers do not use your personal information for any purpose other than delivery of our services.

We do not collect personal information (such as names, addresses, phone numbers, email addresses or credit card numbers) about you, except when you specifically provide the information on a voluntary basis. Your personal information may be collected as you:

•           Become a registered user of myHRcounsel.com;

•           Purchase Services (“Services” is defined in our Terms and Conditions); or

•           Sign-up or subscribe for products or services that we may make available.

We use your personally identifiable information for several purposes:

1.         Transactional Communications

o          If you are requesting Services, the Company utilizes your personal information to communicate with you regarding the status of your request.

o          If you have posted a request to Ask a Lawyer (an “ask”), the Company utilizes your personal information to notify you of responses to your ask.

o          If you are purchasing Services, the Company utilizes your personal information to complete the purchase transaction and to communicate with you about your purchase, to provide you with instructions on how to use and/or access Services, or other inquiry.

o          Whenever you purchase Services, we may be required to share your personal information with a third-party credit card processor to facilitate completion of your transaction. The credit card processor may share the same information with your credit card issuer in connection with gathering data related to use of their cards, rewards programs or other purposes. You are urged to read and become familiar with the privacy policies governing the use of your credit cards.

o          When you purchase Services, we may be contractually required to provide your personal information to our partners so that they may communicate with you about billing or other information. Under those circumstances, we cannot offer you the option to opt-out from having your information passed to the partner. Partners are not subject to the provisions of this Privacy Policy, which means that they may use your personal information for purposes other than billing or facilitating the providing of our Services, unless you contact them and request otherwise. You are urged to read and become familiar with the privacy policies governing our partners.

o          Whenever you make a payment for Services, we may be required to share your personal information with a partner or third-party financial processor to facilitate completion of your transaction. The partner or processor may share the same information with your bank in connection with the transaction. You are urged to read and become familiar with the privacy policies governing the bank accounts to which you transfer funds using our system.

o          We may occasionally contact you, typically by email, to notify you of information that might affect delivery of Services, or to notify you of errors in your request for Services.

2.         Informational Communications

 o         We may contact you with general informational communications regarding human resources and employment law issues. If you are not interested in receiving informational communications from us, you can unsubscribe at any time by altering your email preferences in your user profile or by emailing info@myHRcounsel.com from the email address used to identify your account with the word “Unsubscribe Informational” in the subject line.

3.         Support Communications

o          We may contact you regarding the status of your account, your registration information, support issues regarding our service, and changes to our service or the terms under which it is offered.

4.         Special Communications

o          We may contact you regarding special information on breaking news or events relating to human resources and employment law issues. If you are not interested in receiving promotional communications from us, you can unsubscribe at any time by altering your email preferences in your user profile or by emailing info@myHRcounsel.com from the email address used to identify your account with the word “Unsubscribe Special” in the subject line.

5.         Marketing Communications

o          We may contact you regarding offerings of future events, products, or services that may be of interest to you. If you are not interested in receiving marketing communications or advertisements from us, you can unsubscribe at any time by altering your email preferences in your user profile or by emailing us at info@myHRcounsel.com from the email address used to identify your account with the word “Unsubscribe Marketing” in the subject line.

Additionally, we may share your personally identifiable information in the following circumstances:

•           We may disclose your personally identifiable information when required by law. Specifically, we may disclose this information to unrelated parties in special cases when we have reason to believe that our disclosure is necessary to identify, contact, or bring legal action against a person or persons who may be causing injury to, or interference with, the rights or property of the Company (including our website), computer users accessing our website, or any third party. In addition, we may disclose information about individuals who access our website to law enforcement agencies, judicial or government authorities, or to other individuals or entities in response to subpoenas, court orders, or other legal processes.

•           In the event that myHRcounsel goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, your and other users’ personal information will, in most instances, be part of the assets transferred. If as a result of the business transition, your personal information will be used in a manner different from that stated at the time of collection, you will be given the option to continue sharing the information consistent with our notification of changes section. Nothing in this Privacy Policy is intended to interfere with the ability of myHRcounsel to transfer all or part of its business and/or assets (including the website) for any purposes, without limitation. myHRcounsel specifically reserves the right to transfer or share a copy of personally identifiable information collected from this website to the buyer of that portion of its business relating to that information.

If you are a registered user of myHRcounsel.com, we may retain your information as long as you maintain your registered status. If you purchase our Services using a credit card, we will retain your credit card information for a length of time necessary to process any future transactions related to your purchases, including refunds and charge backs.

Links To / From Other Sites

Our website contains links to other Internet websites which we do not operate and, conversely, other Internet websites may contain links to our website. We are not aware of and are not responsible for the privacy policies, practices or content of such other websites. We encourage visitors to read and become familiar with the privacy policies maintained by such other websites.

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A “cookie” is a small piece of data that is sent to your browser from a web server and stored on your computer's hard drive. Cookies do not damage your computer. We use cookies on certain pages of our site. We may also offer certain features that are only available through the use of a cookie. Among other reasons why we use cookies, cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our site. If you do not desire the functionality created by cookies, you have the option to disable that function. To disable the cookie function, you may disable the function on your browser. Note that some site features may not function if cookies are disabled.

Security

The Company uses industry standard efforts to safeguard the confidentiality of your personal identifiable information, such as data encryption, firewalls, system security measures, and Secure Socket Layers (“SSL”). Please be advised that “perfect security” does not exist in commercial Internet applications and that such security measures may not prevent all loss, misuse, or alteration of information on our websites. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. The registration pages, where you enter your personal and credit card information, are secure. This means that any information you send us is protected by encryption. Additionally, anytime we ask for your credit card number, we transmit that number using SSL encryption. It is easy to tell when you are protected by encryption your browser displays a lock or a key which is no longer broken or it changes color when you are on a secure page. The actual icon and its location may vary depending on your browser. For example, Internet Explorer has a “Security” padlock icon at the bottom right of the page, which appears closed when you have entered a secure page. Except as specifically permitted by this section, you may not disclose your myHRcounsel password to any third parties nor share it with any third parties. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.  If you have any questions related to this policy, please email the myHRcounsel Privacy Officer at info@myHRcounsel.com.