This document (the “TERMS”) declares the undertakings by powerplantcentral.com (the “COMPANY”) and by the client (“YOU”) in relation to the handling of data collected (“YOUR DATA”).
The COMPANY means powerplantcentral.com, and the COMPANY’s owner benefits from many years experience in the military recruiting/placement industry. The COMPANY’S philosophy is to achieve a functional “user friendly” job search system that meets the employment/advertisement goals of end users. The COMPANY establishes long-term, mutually beneficial relationships with clients to help deliver integrated leading-edge job searches that fulfill business requirements and ultimately give YOU a competitive advantage.
YOUR DATA means data that is capable of being associated with YOU, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that the COMPANY is capable of correlating with YOU, using such means as server logs and cookie contents.
YOUR DATA does not refer to data that can no longer be associated with YOU. This includes aggregated data that does not and cannot identify the individuals whose data is included in the aggregation.
Consent means your concurrence with an action to be taken by the COMPANY. Consent may be express or implied.
The COMPANY undertakes to collect YOUR DATA by means that are fair, legal and transparent.
When you visit the COMPANY’s web site, your web browser automatically discloses, and the COMPANY’s web server automatically logs, the following information: the date and time, the IP address from which YOU issued the request, the type of browser and operating system YOU are using, the URL of any page that referred YOU to the page, the URL YOU requested, and whether your request was successful. This data may or may not be sufficient to identify YOU.
Any additional data that YOU provide, e.g. in a web form, may also be logged. This data may or may not be sufficient to identify YOU.
Any additional data that your web browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in “cookies”‘ and submits them each time YOU request a web page within a particular domain (such as powerplantcentral.com). This data may or may not be sufficient to identify YOU.
If YOU disclose personal data to the COMPANY in conjunction with an identifier such as your name or credit card details, the COMPANY will collect YOUR DATA. Moreover, any data that becomes available to the COMPANY through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence, it may become YOUR DATA.
Subject to the qualifications immediately below, the COMPANY undertakes to collect YOUR DATA from YOU and not from other parties. This undertaking is qualified:
When the COMPANY considers that the protection of its financial interests requires that it gather YOUR DATA from other sources, or from additional sources. This applies in particular where the COMPANY has a lending exposure to YOU, and seeks information about your creditworthiness; or
When the COMPANY reasonably considers that its capability of delivering quality services to YOU will be materially enhanced by gathering YOUR DATA from other sources. This applies in particular to consumer profile data.
Where the COMPANY collects YOUR DATA from sources other than YOU, it undertakes:
To do so only by legal means;
To do so only with your Consent; and
To declare to YOU what sources it uses.
The COMPANY undertakes to store and to transmit YOUR DATA in a manner that ensures security against unauthorized access, alteration or deletion, and to ensure security of YOUR DATA against inappropriate behavior by the COMPANY’S staff members and contractors, at a level commensurate with its sensitivity.
Use refers to the application of YOUR DATA by any staff member or contractor of the COMPANY in the course of their work.
The COMPANY undertakes to use YOUR DATA only for:
The purposes for which it was collected;
Such other purposes as are subsequently agreed between the COMPANY and YOU;
Such purposes as may be required by law. In these circumstances, the COMPANY will take any reasonable steps available to it to communicate to YOU that the use has occurred, unless it is precluded from doing so by law; and
Such purposes as are authorized by law (in particular to protect the COMPANY’S interests, e.g. if it believes that YOU have failed to fulfill your undertakings to the COMPANY or have committed a breach of the criminal law).
Disclosure refers to making YOUR DATA available to any party other than the COMPANY and YOU. The term disclosure may include many different conditions of data transfer, including, but not limited to, selling, renting, trading, sharing and giving.
The COMPANY undertakes to disclose YOUR DATA only under the following circumstances:
The course of business being conducted between YOU and the COMPANY, where disclosure is necessary to a contractor;
In other circumstances that are implied by the course of business being conducted between YOU and the COMPANY at the time of data collection or subsequently;
With your consent, or at your request;
Where required by law. In these circumstances, the COMPANY will take any reasonable steps to communicate to YOU that the use has occurred, unless it is precluded from doing so by law; and
Where authorized by law (in particular to protect the COMPANY’S interests, e.g. if it believes that YOU have failed to fulfill your undertakings to the COMPANY or have committed a breach of the criminal law, or in an emergency, where the COMPANY believes that the disclosure of YOUR DATA will materially assist in the protection of the life of health of some person).
DATA RETENTION AND DESTRUCTION
Subject to the qualifications immediately below, the COMPANY undertakes:
To retain YOUR DATA only as long as is consistent with its purpose; and
To destroy YOUR DATA when its purpose has expired.
This undertaking is qualified as follows:
YOUR DATA may be retained in the COMPANY’S logs, backups and audit trails within short-term retention cycles that are devised to protect the COMPANY’S operations;
YOUR DATA may be retained beyond the expiration of its purpose if required by law. In these circumstances, the COMPANY will take any reasonable steps available to it to communicate to YOU that YOUR DATA is being retained, unless it is precluded from doing so by law; and
YOUR DATA may be retained beyond the expiration of its purpose if authorized by law (in particular to protect the COMPANY’S interests, e.g. if it believes that YOU have failed to fulfill your undertakings to the COMPANY or have committed a breach of the criminal law).
ACCESS BY YOU TO YOUR PERSONAL DATA
The COMPANY undertakes to provide YOU with access to YOUR DATA, subject only to such conditions and processes as are reasonable in the circumstances. In particular, the COMPANY undertakes to enable access:
Without unreasonable delay; and
The COMPANY undertakes to establish and operate identity authentication protections for access to YOUR DATA that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide YOU with access through a channel that YOU have previously registered with the COMPANY (such as a particular email address), but may impose more onerous procedures if YOU wish to use some other channel.
In the event that YOU dispute some aspect of YOUR DATA, the COMPANY undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of YOUR DATA.
Not to seek access for frivolous purposes, or unreasonably frequently;
To accept that deletion of some data may not be consistent with the provision of particular services by the COMPANY to YOU.
INFORMATION ABOUT DATA HANDLING PRACTICES
The COMPANY undertakes to make information available to YOU about the manner in which the COMPANY handles YOUR DATA, either in general terms, in a readily accessible manner, or in more specific terms, on request.
Where YOUR DATA is disclosed to a contractor, the COMPANY undertakes to make information available to YOU on request about the manner in which the COMPANY’S contractors handle YOUR DATA.
Not to seek such information for frivolous purposes, or unreasonably frequently; and
To accept that the disclosure of excessive detail may harm the security of YOUR DATA, the COMPANY’S business processes and may harm the COMPANY’S commercial interests.
HANDLING OF INQUIRIES, GENERAL CONCERNS AND COMPLAINTS
If YOU have inquiries, general concerns, or complaints about these TERMS, or about the COMPANY’S behavior in relation to these TERMS, YOU agree to communicate them in the first instance to the COMPANY only, in sufficient detail, through a channel made available by the COMPANY for that purpose;
The COMPANY undertakes to:
Provide one or more channels for communications to the COMPANY, which are convenient to users to promptly provide acknowledgment of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and the COMPANY’S reference-code for the communication;
Reasonably promptly provide a response to the communication.
YOU further agree to not pursue the COMPANY through any regulator or the media unless and until the COMPANY has had a reasonable opportunity to respond to the initial communication and while the COMPANY and YOU are conducting a meaningful dialogue about the matter.
The undertakings and agreements in the TERMS are intended to create legal obligations, and these obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions and venues. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.
YOU agree and voluntarily consent to seek enforcement of the TERMS only in state courts of competent jurisdiction in Suffolk, Virginia.
If any legal action or other proceeding is brought by the COMPANY for the enforcement of the TERMS or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the COMPANY shall be entitled to recover from YOU all of the COMPANY’S costs, expenses, expert witnesses’, consultants’ and attorneys’ fees incurred in that action or proceeding (including all appeals), in addition to any other relief to which the COMPANY may be entitled.
CHANGES TO THESE PRIVACY UNDERTAKINGS
The COMPANY undertakes:
Not to materially change the TERMS in a manner that reduces the protections for YOUR DATA;
To take reasonable steps to prevent any company that acquires this company or any of its relevant assets from materially changing the TERMS applicable to YOUR DATA in a manner that reduces the protections for YOUR DATA;
When it makes changes to the TERMS, to ensure that the differences between successive versions are readily accessible; and
To maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.
In certain cases, refunds, credits for free or enhanced services may be issued. This is a case-by-case basis depending on the specific situation and only through communications directly with customer service.