Privacy and Security Policy and Terms of Use

Privacy and Security Policy

Last updated 01/14/2024

CentiMark Corporation (“CentiMark”, “we”, “our” or “us”) has established this Privacy and Security Policy as a guide to how we collect, store and use personal and/or demographic data (“personal information”) regarding our customers.

This Privacy and Security Policy applies to the personal information we collect when our customers (“you” or “your”) use our websites, communicate with us, or use our services (individually and collectively referred to as our “Services”). By using our Services, you agree that you have read and understood the terms of this Privacy and Security Policy.

We will comply with all applicable federal and state laws and regulations concerning the protection of the privacy and security of our customers’ personal information. CentiMark respects individual privacy and recognizes the need for appropriate protection and management of personal information that may be provided by our customers.
We have developed privacy principles to guide future decision-making and to ensure customer’s personal information provided to us is safeguarded.

Personal Information We Collect

When you use our websites, we may collect your computer’s Internet Protocol (IP) address and other related information, such as the type of browser and operating system you are using. We may also track the webpages you visit on our websites. We may also collect information about the website you came from when you visited our websites and about the website you go to when you leave our websites. We collect this information using the tracking tools described below.

We may collect location data obtained from your computer’s IP address. We may use this location data to find our nearest office to you, to provide product pricing and availability.

Through customer surveys or reviews, we may also collect information about your age and gender, products or services you like, and your shopping preferences.

If you apply for an employment opportunity with us, you may provide us with certain personal information about yourself, such as information contained in a resume, cover letter or similar employment-related materials, or any applicable pre-screening questions.

How We Collect Personal Information

We collect personal information directly from you. The following are some examples of when we may collect personal information from you:

• During your use of our websites, including when you make online purchases.
• If you respond to a customer survey we may provide.
• If you apply or inquire about employment opportunities with us.

We may also use online tracking tools like browser cookies, flash cookies, and web beacons to collect information about your use of our websites.

How We Use Personal Information

We use the personal information we collect from or about you solely for our business purposes specifically related to our transactions and interactions with you, to improve the products and services we provide to you, and to enhance your customer experience with us. We do not sell, rent, loan, trade or lease any personal information collected through our websites. We will provide your personal information to an unaffiliated third party only under one or more of the following circumstances:

• You have given us express permission to share your information.
• We provide you with a product or service that may require the involvement of a third-party product or services provider.
• We are required to respond to subpoenas, court orders, other legal processes or otherwise when required by law.
• Sharing of the personal information is necessary to protect us, to protect you, to protect third parties, or to resolve a dispute between us.

Security

We have implemented reasonable and appropriate administrative, technical, and physical safeguards to protect the security of personal information that you provide to us. However, we cannot guarantee the security of information in transit over the internet outside of our system.

We cannot promise that your use of our websites will be completely safe. You should always use caution when using the Internet. Online access to your personal information is protected with a password you select. We strongly recommend that you do not share your password.

Links

Our websites contain links to third party websites. If you click on one of those links, you will be taken to websites that we do not own and do not control. This Privacy and Security Policy does not apply to the privacy, security or other information practices of those websites. You should read the privacy policies of other websites carefully. We are not responsible for any third party websites.

Contact Us

If you have questions about this Privacy and Security Policy, you can call us at 800-558-4100 or reach us by email at contact@centimark.com.
You can also write to us at:

CentiMark Corporation
12 Grandview Circle
Canonsburg, PA 15317

Notices to California Consumers

California Consumer Privacy Act
This section supplements our Privacy Policy to provide additional information under the California Consumer Privacy Act of 2018 (the “CCPA”), as amended, and applies only to consumers who are California residents.

1. We Do Not Sell Your Personal Information
The CCPA requires us to disclose whether we sell your personal information. We do not sell your personal information.

2. Your Rights Under the CCPA
The CCPA provides California consumers with the following rights:

2.1 Right to Know About Personal Information Collected, Disclosed, or Sold
California consumers have the right to request any of the following information regarding personal information collected about the consumer or the consumer's household during the last twelve (12) months ("Request to Know"):
1. The categories of personal information collected about you.
2. The categories of sources from which the personal information is collected.
3. The business or commercial purpose for collecting or selling personal information.
4. For personal information sold or exchanged for value with a third party: categories of personal information and categories of third parties.
5. For personal information disclosed to a third party for our business purpose: categories of personal information and categories of third parties.
6. The specific pieces of personal information collected about you (except for sensitive personally identifiable information).
The process by which we verify and respond to your requests is explained below under "How to Make a Verifiable California Consumer Request" and "How We Will Respond to a California Consumer Request."

2.2 Right to Request Deletion of Personal Information
California consumers have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer, subject to a range of exceptions permitted by law ("Request to Delete"). For example, a business is not required to delete personal information if it is necessary to complete a transaction, is reasonably used for an ongoing business relationship, or is used internally in a lawful manner that is compatible with the context in which the consumer provided the information.
Once we receive and verify your request, we will delete the requested personal information from our records, unless an exception applies. The process by which we verify and respond to your requests is explained below under "How to Make a Verifiable California Consumer Request" and "How We Will Respond to a California Consumer Request."

2.3 Right to Opt-Out of Sale of Personal Information
California consumers have the right to direct a business not to sell their personal information to others. Since we do not sell personal information, we do not have an opt-out.

2.4 Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
California consumers have a right not to receive discriminatory treatment by the business for exercising the privacy rights conferred by the CCPA. As such, we will not discriminate against a California consumer for exercising any of the rights described in this section. This means that, except as legally permitted, we will not:

- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

3. Categories of Personal Information Collected
The chart below summarizes the categories of personal information we may have obtained about you during the past twelve (12) months, depending on the nature and scope of our interactions with you.

The personal information we collect about consumers and the business or commercial purposes for which it is used is further described above in our Privacy Policy under the sections “Personal Information We Collect” and “How We Use Personal Information.”

4. How to Make a Verifiable California Consumer Request
California consumers may submit a request to exercise any of their rights described above by using any of the following methods:
By phone: (800) 558-4100
By email: contact@centimark.com
Please note that in order for us to verify certain requests (including verification of your identity, California residency, and—for requests made on behalf of someone else—your relationship with the individual on whose behalf the request is being made), you may be required to confirm information that we have on file for you; including email address, phone numbers, full names, mailing address and other personal information. We reserve the right to deny a consumer request if the identity or authority of the requesting party cannot be confirmed.

5. How We Will Respond to a California Consumer Request
For any Request to Know or Request to Delete, we will respond within ten (10) business days and may request additional information necessary to verify that you are permitted to make the request. We will respond to any verifiable consumer request within forty-five (45) calendar days of receiving it, subject to delays and exceptions permitted by law. If we require more time to respond, we will let you know the reason why and the extension period in writing. If you have a password-protected online account with us, we will respond via that account. If you do not have an online account, we will use the email address or U.S. Postal address provided to us when making the request.

For Requests to Know, our response will cover the twelve (12) month period preceding our receipt of the request. If we cannot comply with all or part of your request, we will explain the reasons why.

We do not charge a fee to process or respond to your verifiable consumer 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.

6. Designating an Authorized Agent
California consumers may designate an authorized agent to make a request under the CCPA on the consumer’s behalf. An authorized agent may be a natural person or a business entity registered with the Secretary of State. We may require the authorized agent to provide proof that the consumer gave the agent signed permission to submit the request on the consumer’s behalf. We may also require the consumer to either verify their own identity directly or confirm that they provided the authorized agent permission to submit the request.

7. Personal Information of California Minors
We do not sell the personal information of minors under 16 years of age.

California “Shine the Light” Law
Under California Civil Code Section § 1798.83, California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. The “Shine the Light” law does not apply to collections of personal information in other contexts (e.g., business-to-business relationships, or situations in which no consumer-business relationship has formed). While CentiMark is strictly business-to-business and does not market to consumers, California residents may submit their requests by emailing contact@centimark.com with their name and address and noting “California Shine the Light Request” in the subject line. The request will be processed within thirty (30) days of receiving.

Terms of Use

CentiMark Corporation ("CentiMark"), which owns and operates CentiMark.com, MyCentiMark.com and MyCentiMark Service (the "CentiMark Websites"), provides these Terms of Use to you as a user of the CentiMark Websites. These Terms of Use create a legal agreement between you and CentiMark. By accessing, browsing and/or using the CentiMark Websites, and each time you purchase a product or service through the CentiMark Websites, you acknowledge that you have read, understood and agree (i) to be bound by these Terms of Use and (ii) to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, please do not use the CentiMark Websites. The term "you" as used in these Terms of Use refers to all individuals and/or entities accessing, browsing, using and/or purchasing products or services through the CentiMark Websites for any reason.

Revisions to Terms of Use

We reserve the right to change these Terms of Use or to impose new conditions on use of the CentiMark Websites, from time to time, in which case we will post the revised Terms of Use on the CentiMark Websites and update the "Last Updated" date above to reflect the date of the changes. By continuing to use the CentiMark Websites after we post any such changes, you accept the Terms of Use, as modified.

Content of CentiMark Websites

“Content” is defined as any information, communications, software, photographs, video, graphics, music, sounds, and other materials and services found on the CentiMark Websites, including, but not limited to, job database and related information. Content may be changed or updated without notice. CentiMark may also make improvements and/or changes in the products and/or the programs described on the CentiMark Websites at any time without notice. The CentiMark Websites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The CentiMark Websites and the Content may contain inaccuracies or typographical errors.

The compilation (meaning the collection, arrangement and assembly) of all Content on the CentiMark Websites is the exclusive property of CentiMark and is protected by U.S. copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

CentiMark assumes no responsibility for the reliability, timeliness, completeness, or accuracy of the Content or the CentiMark Websites. The use of the CentiMark Website and Content is at your own risk. CentiMark provides no assurances that any reported problems with any Content will be resolved. By furnishing information, CentiMark does not grant any licenses to any copyrights, patents or any other intellectual property rights.

Certain Information from You

We will handle information we request or require from you in accordance with our Privacy and Security Policy. Other than as necessary in connection with your purchase of products or services through the CentiMark Websites, CentiMark does not request and does not want to receive confidential or proprietary information from you through the CentiMark Websites. Please note that any such information or material sent to CentiMark that is not requested or required by CentiMark and is not necessary for your purchase of products or services will be deemed NOT to be confidential. By sending CentiMark any such information or material, you grant CentiMark an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that CentiMark is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) we obtain your permission to use your name; or (ii) we first notify you that the materials or other information you submit to a particular part of the CentiMark Websites will be published or otherwise used with your name on it; or (iii) we are required to do so by law.

Products and Services

CentiMark's obligations with respect to our products and services are governed solely by the agreements under which the products and services are provided to you. If you obtain a product or service from CentiMark through the CentiMark Websites that is provided without an agreement, that product or service is provided "AS IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Payment and Order Acceptance

Prices for products and services on the CentiMark Websites are shown in U.S. dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. When you purchase products or services through the CentiMark Websites, agree to pay, using a valid credit card, debit card or other form of payment that CentiMark may accept from time to time, the price and applicable fees and taxes (if any) set forth for the products or services on the CentiMark Websites at the time of your purchase.

CentiMark reserves the right, in its sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped or picked up in store. CentiMark may also require additional verifications or information before accepting any order. All authorized charges will be billed to your designated credit or debit card account (or other payment method), on the terms described for the product or service you are purchasing. If payment cannot be charged to your credit or debit card (or other payment method) or your payment is returned to CentiMark for any reason, CentiMark reserves the right to either suspend or terminate your access to the CentiMark Websites and/or the unpaid-for products or services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the products and services you purchase. CentiMark has no liability for any overdraft or other fees that you may incur as a result of CentiMark processing your payment. CentiMark will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card (or other payment method) has been charged, CentiMark will issue a credit in the amount of the charge.

Termination of Access

In addition to all other legal or equitable remedies available to us, CentiMark may, without prior notice to you, immediately terminate or restrict your access to and use of the CentiMark Websites. Any termination or restriction of your access to or use of the CentiMark Websites will not affect or diminish your obligation to make full payment for any purchases you made before such termination.

No Reliance

You agree that you bear responsibility for your own career and hiring decisions, and that CentiMark will not be liable for any decision made or action taken by you or others based upon reliance on any information, materials, or Content provided on the CentiMark Websites. Moreover, CentiMark makes no representations or warranties of any kind that any resumes sent to CentiMark will result in candidates being hired or jobs filled.

Passwords and User Names

Any password and user name that you create or that are assigned to you for use on the CentiMark Website are intended for your individual use only. You should not share or otherwise provide the right to use your password or your user name with any other person. You will be responsible for the security of your password and user name, and you will be responsible for all transactions conducted through the CentiMark Websites using your password or user name, even if you were not aware of the transactions. CentiMark may, in our sole discretion, monitor the use of any passwords and user names and may require you to change your password or user name at any time.

Third Party Websites

CentiMark makes no representations whatsoever about any other website that you may access through the CentiMark Websites. When you access a non-CentiMark website, even one that may contain the CentiMark-logo, please understand that it is independent from CentiMark, and that CentiMark has no control over the content on that website. In addition, a link to a non-CentiMark website does not mean that CentiMark endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Disclaimers and Limitations of Liability

IN NO EVENT WILL CENTIMARK BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF THE CENTIMARK WEBSITES, OR ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL CONTENT AND INFORMATION IS PROVIDED BY CENTIMARK ON AN "AS IS" BASIS ONLY. CENTIMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CENTIMARK WEBSITES OR THE CONTENT, INFORMATION, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THE CENTIMARK WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY LAW, CENTIMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. CENTIMARK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND HYPER LINKS.

Indemnification

You agree to defend, indemnify and hold harmless CentiMark and its officers, directors, employees, agents, successors, assigns, and affiliates from and against any and all claims, actions and demands arising out of or relating to (i) your use of the CentiMark Websites and/or the Content, and/or (ii) any breach by you of these Terms of Use.

Applicable Law and Jurisdiction

You agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CentiMark regarding these Terms of Use or your use of the CentiMark Websites. Jurisdiction and venue of any and all causes of action or proceeding arising out of or relating to these Terms of Use shall be vested in the state or federal courts in Washington County, Pennsylvania. You irrevocably waive any objections you now have or may hereafter have to the convenience, fairness, or propriety of this venue.