TECHNOLOGY FIRST CERTIFICATION LEARNING PLAN waiver: These Terms and Conditions of Use (these “Terms”) apply to all education, training, certification, accreditation, and consulting services (each a “Service” and collectively, the “Services”) provided or made available by Technology First SHIFT, LLC, a North Carolina limited liability company (“SHIFT,” “we,” “us,” or “our”). SHIFT and Customer are sometimes referred to herein each as a “Party” and together as the “Parties.”

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING OUR SERVICES, YOU (THE “CUSTOMER”) ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. 

Additional Terms: When using particular Services, in addition to these Terms, separate guidelines documents, payment terms, end user license agreements, or other terms may apply (“Additional Terms”). Where this is the case, Additional Terms will be shared with you prior to them applying to you. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additional Terms may be set out, without limitation, on an applicable Order Form (as hereinafter defined).

Updates to Terms & Conditions: SHIFT may make changes to the Terms from time to time in our reasonable discretion by providing you with advance notice by sending an email, providing a notice through the Site, or otherwise. Unless otherwise stated, amendments to these Terms will become immediately effective and your continued use of the Services following notice will confirm your acceptance of the changes.

Ownership of Material: All intellectual property of SHIFT (altogether, the “Materials”), including, without limitation, all websites, applications, online services, and other interactive features or downloads offered by SHIFT at techfirstshift.com or otherwise (collectively, the “Site”) and all past, present, and future versions of course content, trainings, video and audio recordings, education modules, materials, and documentation provided to you through or in connection with the Services, are owned, controlled, or licensed by SHIFT or its licensors, and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, and regulations.

Limited License: Subject to your strict compliance with these Terms, SHIFT grants to you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to access and to use the Materials solely for individual or internal business purposes (the “Permitted Use”). The forgoing limited license (i) does not give you any ownership of, or any other rights or interest in, any Materials, and (ii) may be immediately suspended or terminated for any reason, in SHIFT’s sole discretion, and without advance notice or liability. All rights not expressly granted to you herein are reserved by SHIFT and its licensors and other third parties. Any use of the Materials excepting the Permitted Use is prohibited, except upon the express prior consent of SHIFT. 

Customer Representations: You hereby represent and warrant to SHIFT that any information you have provided to SHIFT on any order form, service order, or similar instrument (each an “Order Form”), or information that you may provide to SHIFT from time to time for purposes of using the Services, is true and complete, including, without limitation, with respect to the number of Authorized Users in your organization (if applicable). You must promptly notify SHIFT upon any change to information set forth on an Order Form; provided, the forgoing shall not be construed to obligate SHIFT to expand or amend the Services except upon its prior consent and subject to such changes to fees, Materials, and other matters as we deem necessary.

Authorized Users: With respect to any Customer purchasing Services for their sole individual use, the “Authorized User” shall mean the Customer. With respect to any Customer that is an organization purchasing Services on behalf of one or more of its employees or other persons, the “Authorized Users” means those of your employees and such other persons as SHIFT may, at your request and in SHIFT’s sole discretion, authorize in writing to access the Materials. You agree to limit access to and use of the Materials solely to Authorized Users. You will be fully responsible and liable for any unauthorized access to the Materials, and any breach of these Terms by Authorized Users or your other personnel. 

If the applicable Order Form specifies a maximum number of Authorized Users for certain Services, you shall only allow such number of individuals to access and use such Services. If the applicable Order Form specifies particular individuals as Authorized Users for certain Services, you shall only allow those particular individuals to access and use such Services. If the fees set forth in the applicable Order Form are based in whole or in part on the number of Authorized Users of certain Services, you agree to promptly and truthfully disclose to SHIFT changes in the number of individuals you are allowing to access such Services.

Neither you nor any Authorized User shall: (i) combine, edit, make derivative works, or make use of the Materials with any other content or software program; (ii) reproduce, transmit, sell, or distribute any or all of the Materials; (iii) rent, lease, license, sublicense, sell, distribute, disclose, assign, permit access to or transfer to any third party, whether for profit or without charge, or otherwise authorize third parties, or anyone other than an Authorized User, to use or access the Materials; (iv) interfere with or circumvent any security feature of the Materials or any feature that restricts or enforces limitations on use of or access to the Materials; (v) remove any copyright, trademark, or other proprietary rights notices contained on the Materials, or (vi) otherwise make use of the Material for any purpose other than the Permitted Use.

Accessing Materials: You agree to access the Materials in accordance with SHIFT’s security policies and procedures, as may be revised from time to time in SHIFT’s sole discretion. Materials may be updated from time to time in accordance with SHIFT’s standard practices and procedures.

User-Generated Material: Except as otherwise set out in the Privacy Policy below, or as prescribed by applicable law, you acknowledge and agree that any information or content provided or generated by you or the Authorized Users during the course of the Services or while using the Site (“User-Generated Material”) will be treated as non-confidential, and SHIFT shall have no obligation to (i) return or destroy User-Generated Material upon termination of the Services or (ii) safeguard the confidential or proprietary nature of any User-Generated Material.

Third-Party Services: You acknowledge and agree that certain Services may operate on or with or using services operated or provided by third parties (“Third-Party Services”). SHIFT is not responsible for, and shall have no liability, in contract, tort, strict liability or otherwise, for any damages, including but not limited to loss of revenue, anticipated profits, business or sales, caused by or on account of the operation of any Third-Party Services or the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services. You are solely responsible for procuring any and all rights necessary to access Third-Party Services and for complying with the applicable terms or conditions thereof. SHIFT does not make any representations or warranties with respect to Third-Party Services or any third-party providers. Any exchange of data or other interaction between you and a third-party provider is solely between you and such third-party provider and is governed by such third party’s terms and conditions

Termination: These Terms, as may be amended from time to time, will remain in full force and effect at all times during the performance of the Services. SHIFT reserves the right to terminate your access to and use of the Services in its sole discretion, without notice and liability, except as required by applicable law, including, without limitation, if SHIFT believes your conduct, or the conduct of any Authorized User, violates these Terms. Upon termination, (i) the license granted to you hereunder with respect to the Material shall immediately terminate and (ii) SHIFT will invoice you for all Service fees accrued and payable in accordance with the Fees Section below. Upon termination, you shall (i) cease using all Materials, (ii) destroy and permanently delete all physical and electronic copies of such Materials, and (iii) provide SHIFT written confirmation of such permanent deletion and destruction. Notwithstanding the forgoing, you may retain continued access to certain Materials to the extent such rights are specifically purchased pursuant to an applicable Order Form or continued use is permitted by applicable Additional Terms. 

Fees: In consideration for the Services, Customer shall pay SHIFT the fees described in the Order Form(s). All fees are non-cancelable and non-refundable. All fees are payable in full within sixty (30) days of receiving an invoice from SHIFT, unless otherwise stated in applicable Additional Terms. 

Any fees remaining unpaid after due will incur a 1.5% monthly finance charge. SHIFT may suspend access to the Materials and any further Services until such time as all outstanding amounts are paid. Credit card payments are subject to a 3.5% processing fee. SHIFT may change Service fees at any time with a 90-day advance notice.

Certain Services of SHIFT may be offered on a recurring payment basis in one or more term lengths (e.g., monthly, six-month, annual, etc.). If recurring payments or automatic billing are indicated on an Order Form, you hereby authorize SHIFT to automatically charge you on a recurring basis for applicable fees using the credit card or other payment information (“Payment Method”) you have provided for that purpose. You may update your Payment Method from time to time by contacting SHIFT. 

Acknowledgement: You hereby acknowledge and agree that (a) the Materials and Services are not intended to be a substitute for or to replace the skill, knowledge, and experience of your employees and agents; (b) SHIFT assumes no responsibility for your or any Authorized User’s use of the Materials and Services for any purpose; and (c) SHIFT has no and disclaims any responsibility whatsoever for, and you (on your own behalf and on behalf of the Authorized Users and your respective employees, agents, representatives, and assigns) release SHIFT from, any claims arising from or related to any reliance by you or your agents on the Materials or Services.

Disclaimer of Warranties: CUSTOMER’S ACCESS TO AND USE OF THE SERVICES AND MATERIALS IS AT CUSTOMER’S SOLE RISK. ALL SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SHIFT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR ANY IMPLIED WARRANTIES ARISING OUT OF THESE TERMS. SHIFT DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS ARISING FROM CUSTOM OR TRADE USAGE OR FROM COURSE OF DEALING OR PERFORMANCE.  WITHOUT LIMITATION TO THE FOREGOING, SHIFT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE MATERIALS WILL MEET CUSTOMER’S REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; OR BE PROVIDED ERROR FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Limitation of Liability: TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SHIFT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE MATERIALS OR SERVICES. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if SHIFT was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHIFT’S TOTAL LIABILITY TO CUSTOMER FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH CUSTOMER’S ACCESS TO AND USE OF ANY SERVICES OR MATERIALS EXCEED AN AMOUNT EQUAL TO THE FEES ACTUALLY PAID TO SHIFT IN THE ONE YEAR PERIOD PRECEDING SUCH LOSS.

Indemnification: You shall indemnify, defend, and hold harmless SHIFT and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, representatives, and agents from and against all liabilities, losses, damages, injuries, harm, expense, expenditure and disbursement of every nature (including, without limitation, costs of investigation, travel expenses, and value of time expended by personnel), fines, fees, costs, and expenses of litigation, including, without limitation, reasonable attorneys’ fees incident to any of the foregoing (collectively, “Losses”) that result from or are related to (i) the User-Generated Material, (ii) your or the Authorized Users’ use of or access to the Materials and Services, (iii) your breach or alleged breach of these Terms, or (iv) any negligent, reckless, or intentionally wrongful acts or omissions of you or your employees, representatives, or agents.

Dispute Resolution: In the event of a dispute between the Parties arising out of or relating to these Terms, the Parties agree that final, binding arbitration shall be the exclusive means of resolving such disputes. SPECIFICALLY, THE PARTIES AGREE THAT ALL DISPUTES OR CLAIMS OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS, OR THE BREACH THEREOF, SHALL BE RESOLVED BY FINAL, BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN BUNCOMBE COUNTY, NORTH CAROLINA. The arbitrator shall have the authority to finally resolve all matters, including arbitrability, shall have the authority to award any and all available remedies, including legal and equitable relief, and shall decide all disputes in accordance with North Carolina law without regard to its conflict of laws rules. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator. The prevailing Party will be entitled to receive from the non-prevailing Party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in connection with the action or proceeding, whether or not the controversy is reduced to judgment or award. Judgment on the award may be entered in any court having jurisdiction. The Parties agree that the arbitration proceeding, and all matters addressed at arbitration, shall be maintained in strict confidence and shall not be disclosed for any purpose. The Parties choose arbitration because it is usually less expensive and quicker than litigation, and it will allow the Parties to resolve their disputes privately.

Force Majeure: Any delay or failure in the performance of any duties or obligations of SHIFT shall not be considered a breach of these Terms if the delay is caused by or results from any Act of God, fire, flood, accident, equipment failure, or any other causes beyond its control. 

Governing Law: These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its conflict of laws principles. With respect to any disputes or claims not subject to arbitration or small claims court (as set forth in the Dispute Resolution Section above), the Parties hereby consent to the exclusive jurisdiction of the state and federal courts in Buncombe County, North Carolina. 

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST FILE ANY CLAIM OR ACTION RELATED TO USE OF SERVICES OR THESE TERMS WITHIN ONE YEAR AFTER SUCH CLAIM OR ACTION ACCRUED. OTHERWISE, YOU WILL WAIVE THE CLAIM OR ACTION.

Miscellaneous: The failure of SHIFT to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit SHIFT’s rights with respect to such breach or any subsequent breaches. No waiver by SHIFT of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of SHIFT. Neither the course of conduct between Customer and SHIFT, nor trade practice ,will act to modify these Terms. SHIFT may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without SHIFT’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against SHIFT by virtue of SHIFT having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by SHIFT. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties; Limitation of Liability; Indemnification; and Dispute Resolution).

Privacy Policy: This privacy policy applies to all User-Generated Material and all information collected by SHIFT during the course of the Services or through the Site. PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT WILL HELP YOU MAKE INFORMED DECISIONS ABOUT SHARING YOUR PERSONAL INFORMATION WITH US. As used herein, your “Users” means the Customer, any Authorized User (if applicable), and any of your respective employees, agents, or representatives providing information to SHIFT. It is your sole responsibility to ensure your Users are aware of this Privacy Policy. 

WHAT INFORMATION DOES SHIFT COLLECT?

Personal information Users disclose to us

In Short: As a learning management system providing education services, we collect personal information that Users provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that Users voluntarily provide to us when they register at the Site and when they participate in the Services, activities on the Site, or otherwise contact us (hereinafter “User Information”).

The User Information that we collect depends on the context of Users’ interactions with us and the Site, the choices Users make, and the Services and features Users use. The User Information we collect can include the following:

• Name and Contact Data: We collect Users’ first and last name, email address, postal address, billing address, employer information, phone number, fax number, and other similar contact data.

• Credentials: We collect passwords, password hints, and similar security information used for site authentication and account access.

• Personal Data: Personal Data may be freely provided by the User, or, in the case of Usage Data, collected automatically when using SHIFT Services. Unless specified otherwise, all Data requested by SHIFT is mandatory and failure to provide this Data may make it impossible for SHIFT to provide the Services you have requested. In cases where SHIFT specifically states that some Data is not mandatory, Users are free to not communicate this Data, without consequence to the availability or the functioning of the Service being provided. Users who are uncertain about which Personal Data is mandatory are welcome to contact SHIFT.

All User Information provided to us must be true, complete, and accurate, and Users must notify us of any changes to such User Information. Any use of Cookies or of other tracking tools by SHIFT, or third-party services used by SHIFT, serve the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in our Cookie Policy.

Information automatically collected

In Short: Some information - such as IP address and/or browser and device characteristics - is collected automatically when Users visit our Site.

We automatically collect certain information when Users visit, use, or navigate the Site (hereinafter “User Information”). This information does not reveal Users’ specific identity (like Users’ names or contact information) but may include device and usage information, such as a User’s IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when the User uses our Site and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.

Like most businesses, we also collect information through cookies and similar technologies.

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain information about Users from other sources, such as public databases, joint marketing partners, as well as from other third parties (hereinafter “User Information”). Examples of the information we receive from other sources include social media profile information; marketing leads and search results, including paid listings (such as sponsored links).

HOW DOES SHIFT USE USERS’ INFORMATION?

In Short: We process User Information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or User consent.

We use User Information for a variety of business purposes described below. We process User Information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to perform the Services, with User consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). 

We use the information we collect or receive:

• To facilitate account creation and the log-in process.

• To send Users marketing and promotional communications. We and/or our third-party marketing partners may use User Information for our marketing purposes. Users can opt-out of our marketing emails at any time by simply clicking unsubscribe on any such communication or by contacting SHIFT. The forgoing may be limited by applicable law, including, without limitation, European data protection law.

• To send administrative information to Users. We may use User Information to send Users product, service, and new feature information and/or information about changes to our terms, conditions, and policies.

• To fulfill and manage your and Users’ orders. We may use User Information to fulfill and manage orders, payments, returns, and exchanges through the Site.

• To post testimonials. We post testimonials on our Site that may contain User Information. Prior to posting a testimonial, we will obtain User consent to use their name and testimonial. If Users wish to update or delete their testimonial, please contact us at admin@techfirstSHIFT.org and be sure to include the User’s name, the location of the testimonial in question, and their contact information.

• To deliver targeted advertising to Users. We may use User Information to develop and display content and advertising tailored to Users’ interests and/or location (and work with third parties who do so), and measure its effectiveness.

• To administer prize drawings and competitions. We may use User Information to administer prize drawings and competitions when Users elect to participate in competitions.

• To request feedback. We may use User Information to request feedback and to contact Users about their use of our Site.

• To protect our Site. We may use User Information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).

• To enforce our terms, conditions and policies.

• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

WILL USER INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with User consent, to comply with laws, to protect User rights, or to fulfill business obligations.

We only share and disclose User Information in the following situations:

• Compliance with Laws. We may disclose User Information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• Viral Interests and Legal Rights. We may disclose User Information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

• Vendors, Consultants and Other Third-Party Service Providers. We may share User Information with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery services, hosting services, and customer service and marketing services. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how Users interact with the Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activities. Unless described in this Policy, we do not share, sell, rent or trade any of the User Information with third parties for their promotional purposes.

• Business Transfers. We may share or transfer User Information in connection with, or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• Affiliates. We may share User Information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

• Business Partners. We may share User Information with our business partners to offer Users certain products, services, or promotions.

• With Users’ consent. We may disclose User Information for any other purpose with such User’s consent.

DOES SHIFT USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store User Information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store User Information. Specific information about how we use such technologies and how Users can refuse certain cookies is set out in our Cookie Policy.

HOW LONG DOES SHIFT KEEP USER INFORMATION?

In Short: We keep User Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will keep User Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process User Information, we will either delete or anonymize it, or, if this is not possible (for example, because User Information has been stored in backup archives), then we will securely store User Information and isolate it from any further processing until deletion is possible. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

HOW IS USER INFORMATION PROTECTED?

In Short: We aim to protect User Information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any User Information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect User Information, transmission of User Information to and from our Site is at each User’s own risk. User should only access the Services within a secure environment.

Place of data processing

User Information is processed at SHIFT’s operating locations and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User Information to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by SHIFT to safeguard User Information.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with SHIFT at info@simply-home.com.

DOES SHIFT COLLECT INFORMATION FROM MINORS?

We do not knowingly collect data from or market to children under 18 years of age except in cases of fulfilling contracted, legitimate business purposes where consent has first been given by a parent or other legal guardian.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Site, User represents that the User is at least 18 or that User is the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that User Information from Users less than 18 years of age has been collected without such consent, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have unknowingly collected from children under age 18, please contact us at admin@techfirstshift.org.

WHAT ARE USERS’ PRIVACY RIGHTS?

In Short: User may review, change, or terminate User’s account at any time.

Users may exercise certain rights regarding their Data processed by SHIFT. Except as limited by applicable law, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

• Access their Data. Users have the right to learn if Data is being processed by SHIFT, obtain disclosure regarding certain aspects of the processing, and obtain a copy of the Data undergoing processing.

• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, SHIFT will not process their Data for any purpose other than storing it.

• Have their Personal Data deleted or otherwise removed. Users have the right to obtain the erasure of their Data from SHIFT. Please note: In this circumstance, SHIFT cannot guarantee the continuation of services provided by SHIFT

• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly-used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.

• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority. If User is a resident in the European Economic Area and User believe we are unlawfully processing User Information, Users also have the right to complain to User’s local data protection supervisory authority. User can find their contact details here: http://ec.europa.eu/iustice/data-protection/bodies/authorities/index en.htm.

Account Information: If User would at any time like to review or change the information in their account or terminate their account, User can contact us using the contact information provided in the next section. Upon User’s request to terminate User’s account, we will deactivate or delete User’s account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most web browsers are set to accept cookies by default. If User prefer, User can usually choose to set User’s browser to remove cookies and to reject cookies. If User chooses to remove cookies or reject cookies, this could affect certain features or services of our Site.

Opting out of email marketing: User can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. User will then be removed from the marketing email list - however, we will still need to send User service-related emails that are necessary for the administration and use of User’s account. To otherwise opt-out, User may contact us using the contact information provided in the next section.

HOW CAN USER REVIEW, UPDATE, OR DELETE THE DATA SHIFT COLLECTS?

Based on the laws of some countries, User may have the right to request access to the User Information we collect, change that information, or delete it in some circumstances. To request to review, update, or delete User Information, please submit a request form by emailing admin@techfirstshift.org. We will respond to User’s request within 30 days.

Legal action

The User’s Personal Data may be used for legal purposes by SHIFT, in Court, or in the stages leading to possible legal action arising from improper use of SHIFT Services or the related Services. The User declares to be aware that SHIFT may be required to reveal personal data upon request of public authorities.

Additional information about User’s Personal Data

In addition to the information contained in this privacy policy, SHIFT Services may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, SHIFT Services and any third-party services may collect files that record interaction with SHIFT Services (System logs) and/or use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from SHIFT at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled

SHIFT Services does not support “Do Not Track” requests. To determine whether any of the third-party services that SHIFT uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

SHIFT reserves the right to make changes to this privacy policy at any time by giving notice to its Users through any reasonable means of notice. Should the changes affect processing activities performed on the basis of the User’s consent, SHIFT shall collect new consent from the User, where required.

Definitions and legal references

Personal Data (or Data): Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data: Information collected automatically through SHIFT Services (or third-party services utilized by SHIFT Services), which can include: the IP addresses or domain names of the computers utilized by the Users who use SHIFT Services, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

European Union (or EU): Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies: Small sets of data stored in the User’s device.

Legal Information: This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).