The Phoenix Group - Privacy Policy

IMPORTANT

THE PHOENIX LINK 'S TERMS AND CONDITIONS

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEB SITE. USING OR ACCESSING ANY SERVICES OR INFORMATION PROVIDED BY THIS WEB SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. THE TERMS "USE" OR "USING" FOR THE PURPOSE OF THESE TERMS AND CONDITIONS MEAN COPYING, INSTALLING, DOWNLOADING, ACCESSING, DISPLAYING OR OTHERWISE INTERACTING WITH THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE PHOENIX LINK'S SERVICES AND/OR THE WEB SITE. BY USING THE PHOENIX LINK'S SERVICES OR THE WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

THE PHOENIX LINK RESERVES THE RIGHT TO MODIFY AND/OR AMEND THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING AT ANY TIME. YOU ARE RESPONSIBLE FOR FREQUENTLY REVIEWING THESE TERMS AND CONDITIONS TO ENSURE YOU ARE IN COMPLIANCE. ANY CHANGES OR MODIFICATIONS BY THE PHOENIX LINK ARE BINDING.

All users ("Users"), whether or not they are members of The Phoenix Link's ("The Phoenix Link") Web Site and its services (the "Web Site"), are subject to all the following terms and conditions of use.

PRIVACY POLICY
User privacy is of great importance to The Phoenix Link; therefore, our privacy practices are consistent with industry standards. The Phoenix Link's objective is to streamline the recruiting and hiring process for employers and the job search process for employees. The mission of The Phoenix Link is to provide employees and employers with a seamless venue and gateway to the electronic employment marketplace. In order to provide these services, The Phoenix Link collects certain information about its Users and may disclose that information in connection with providing its Users with the services they request or as required by law. The Phoenix Link does not sell, or rent any personally identifiable information about Users of the Web Site to third-party marketers or solicitors.

This privacy policy is provided to the Users of the Web Site, to clarify the kind of information collected, the kind of information distributed and to whom the information is distributed. By using The Phoenix Link's Web Site, you expressly agree and consent to be bound by the Web Site's Terms and Conditions, including this privacy policy. Please note: This privacy policy applies only to information which Users provide directly to The Phoenix Link. The Phoenix Link has no control or responsibility over the use or disclosure of any information Users provide directly to any third party.
1. Information Collected.
  As part of the services The Phoenix Link provides, the following information is collected and stored:
  1. Information provided by Users to The Phoenix Link in connection with employment search services. This factual information would include name, address, phone number, type of job or employee sought, salary expectations, etc. This type of information is used for the applicable employment search services requested.
    
    Financial information, including credit card information provided by Users to bill for the services of the Web Site. This information is only used for billing purposes and not disclosed to third parties other than for billing purposes.
    
    The Phoenix Link tracks usage information on the Web Site, such as time and date the Web Site is accessed and the domain name from which the Web Site was accessed. This information is used for internal research to improve the Web Site and the services offered to our Users.
  2. The Phoenix Link may use "cookies" on certain pages of this Web Site. "Cookies" are small files utilized by the Web Site server as a data collection devices to help the Web Site server identify Users and verify membership. This Web Site uses cookies only to identify the User and to track the User's progress for internal purposes. The data collection permits our member Users to access non-public parts of the Web Site. If a User does not want to accept cookies, that option may be selected from the browser. Please note: If a User elects to not accept any cookies, non-public parts of this Web Site may be inaccessible and entry of member identification and password is requested more frequently. This notice with respect to the use of cookies applies only to the Web Site. The Phoenix Link has no control or responsibility over cookies placed on other Web Sites.
2. Information Posted.
  The information provided by Users to The Phoenix Link for the employment services available on the Web Site is used and disclosed in providing the employment services requested. Registered Users (a "Member") of the Web Site have the ability to post either resumes and profiles or job orders and job requirements on the Web Site. Once posted, this information may be accessed only by other Members through The Phoenix Link's service which allows Members to search for matching employment positions or employees (the "Match Service"). The Match Service facilitates interaction between Member employee recruiters and Member potential employees. However, a Member may prevent their posted information from being available to any other Members by electing to turn-off the Match Service on the account. Once the Match Service feature is disabled on the Member account, posted information is prevented from being retrieved in any match search by other Members. Please note: By disabling the Match Service, other Members of the Web Site will be prevented from obtaining the member profile in connection with any employment search. Disabling the Match Service does not impair the ability of a Member to conduct Match Searches of other available Member profiles and job orders.
3. Linked Sites.
  The Phoenix Link reserves the right to engage in database exchanges with other employment Web Sites and to provide links to other Web Sites in an effort to better meet the needs of its Users and to provide higher quality employment search services.
4. Your Use of Third Parties Information.
  In accessing the Web Site, User agrees to respect other Users' personal information obtained through the Web Site and to abide by all Terms and Conditions for the use of the Web Site. The Phoenix Link grants you a revocable license, subject to all of the Terms and Conditions, to use the information obtained from the Web Site only for your personal, non-commercial purposes and employment/employee searches. Information obtained from other Web Site Users may not be used for any other reason unless express written consent is provided by the other User after full disclosure of all of intended purpose for which information is gathered.
5. Membership Identification and Password.
  Members agree not to disclose membership identification or password to any other party. Individual Members are responsible for any transactions undertaken with membership identification and password, regardless of whether the transactions are authorized. Further, Members are responsible for maintaining the confidentiality of membership identification and password. If a Member determines that or suspects that there is unauthorized use of membership identification or password, Member agrees to notify The Phoenix Link immediately.
SECURITY POLICY
Access to job seeker and employer profiles is restricted to Members with a current, valid membership identification and password. The Phoenix Link uses standard industry practices in safeguarding Members' personal information. The Phoenix Link uses SSL ("Secure Socket Layer") technology and "firewall's" in protecting Members' personal information. The Phoenix Link encrypts personal financial information, such as credit card information, supplied to The Phoenix Link. The Phoenix Link, however, cannot and does not guarantee the security or privacy of personal information.
USE OF WEB SITE
General. The Phoenix Link only provides a venue to engage in either recruiting and hiring employees or in seeking an employment opportunities. The Phoenix Link is only a passive conduit to provide employees and employers with a seamless venue and gateway to the electronic employment marketplace. The Phoenix Link is in no way affiliated or associated with any User or Member of the Web Site. The Phoenix Link is not the employer or employee of any User or Member of the Web Site. If any Terms or Conditions require The Phoenix Link's consent, it is understood and agreed that The Phoenix Link's prior written consent is required and consent may be withheld in The Phoenix Link's sole discretion.
1. Minors.
  Only individuals capable of entering into legally binding contracts are allowed to use the Web Site. Users must be over the age of 18 years and not suffer from any other legal impediment.
2. License.
  When User posts any content on the Web Site, User grants The Phoenix Link a royalty-free, non-exclusive, perpetual, irrevocable and transferable license to use, reproduce, distribute, display and modify any content so posted on the Web Site. Subject to the rights granted to The Phoenix Link, User maintains rights in the posted content.
3. Proprietary Rights.
  All intellectual property rights in the Web Site and any media contained on the Web Site are owned by The Phoenix Link or its agents or Members. The copyright protection claim includes all forms and matters of copyrightable material and information now allowed by statutory or common law or hereinafter granted, and the HTML code. Copying and distributing of the HTML is strictly prohibited. Users may not violate any copyright, trademark, patent or other intellectual property rights of The Phoenix Link or any other User of the Web Site. Any reproduction, distribution or display of any media obtained from the Web Site other than in strict compliance with the Terms and Conditions is a violation of The Phoenix Link's and/or other Users' proprietary rights in the media. Unauthorized use of the Web Site may result in a violation of the copyright, trademark, patent, or other intellectual property rights of The Phoenix Link or its other Users and may be actionable.
4. Procedures for Claims of Copyright Infringement.
  If User suspects any material or media on the Web Site constitutes copyright infringement, follow these procedures:
  
  Pursuant to 17 U.S.C. ' 512(c)(2), notifications of claimed infringement must be in writing, provided to the designated agent of the provider as follows:
  
  The notification must include substantially the following:
  1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed or a representative list of such works at the site if multiple copyrighted works are covered by a single notification.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. Protection Devices.
  The Phoenix Link may adopt from time to time any mechanical or electronic methods that The Phoenix Link deems necessary to control unauthorized use of the Web Site or materials posted on the Web Site.
6. Legal Use.
  Use of the Web Site in violation of any federal, state or local statute, regulation or rule is strictly prohibited.
7. Personal, Non-Commercial.
  All media and content obtained from the Web Site shall be solely for personal, non-commercial purposes in connection with an employment and/or employee search. Members are granted the right to make only one (1) copy of content posted on the Web Site; the copy shall bear all original copyright and other proprietary notices. Media obtained from the Web Site may not be used in any computer network environment. Use of any media obtained from the Web Site for public or commercial distribution or reproduction is strictly prohibited. Using any media obtained from the Web Site on any other Web Sites is strictly prohibited. Framing or linking from other sites any media contained on the Web Site is strictly prohibited.
8. Web Site Postings.
  Users shall not use the Web Site in any way that, in The Phoenix Link's sole discretion, is obscene, offensive, harassing or abusive. Users may not use the Web Site for the distribution of chain mail, chain letters or spam mail. Users may not post or place on the Web Site any sexually explicit materials. Users shall not place any viruses, worms, Trojan horses, or any other program on the Web Site or use any type of device that in any way interferes with the proper functioning of the Web Site or in any way damages the Web Site, media or content contained on the Web Site or damages any other Users of the Web Site. User acknowledges and agrees that User is solely responsible for any and all content User posts or places on the Web Site. By posting any content on the Web Site, User warrants that User has the right to use and post such content. All content posted on the Web Site shall contain accurate information and correctly identify User as the poster of the content. The Web Site may not be used for any false, fraudulent or misleading purpose. The Web Site may not be used for the posting, display or distribution of any advertising materials, without the consent of The Phoenix Link. The Web Site may not be used for the promotion of any type of "pyramid scheme." For the purposes of the Terms and Conditions, "pyramid scheme" means a scheme where recruits are encouraged or required to pay a fee up front to participate in the scheme and/or are paid a fee for recruiting others into the scheme. This prohibition is not designed to prevent the posting of employment opportunities for which the pay is based on commissions, provided the posting of the employment opportunity clearly and accurately describes the basis of pay.
9. Membership Identification and Password.
  Member agrees not to share membership identification or password with any third party. Member shall not assign, transfer or subcontract any rights acquired by membership.
10. Right to Investigate.
  The Phoenix Link reserves the right to investigate complaints of improper and/or illegal use of the Web Site and to take all action The Phoenix Link, in its sole discretion, believes desirable or necessary.
11. Termination.
  Use of the Web Site in any manner inconsistent with these Terms and Conditions may result in suspension of use of the Web Site, expulsion from the Web Site, and/or prevention from using the Web Site in the future. The Phoenix Link reserves the right to immediately expel any User from the Web Site if, in its sole discretion, The Phoenix Link believes the continued use of the Web Site may subject the User, other Users, or The Phoenix Link to civil or criminal liability. The Phoenix Link has the right to prohibit and/or prevent any further use of the Web Site by any expelled User. Further, The Phoenix Link reserves the right to seek any other appropriate legal or equitable remedies available for a violation of the Terms and Conditions.
12. Content Review and Revision.
  The Phoenix Link reserves all rights to alter, modify and/or remove any media or content on the Web Site. The Phoenix Link reserves all rights to disable any hyperlinks posted on the Web Site without its consent.
13. No Violation of Web Site Security or Integrity.
  User shall not make any attempt to violate or bypass any security feature on the Web Site or to access any unauthorized area or data on the Web Site. User shall not decompile, cross compile, decipher, reverse engineer or otherwise adopt or modify any software in any way contributing to the design or function of the Web Site. User shall not alter, modify, or delete any other User's postings on the Web Site. User shall not intercept or attempt to intercept any data exchanges taking place on the Web Site. User shall not use the Web Site in any way that will place an unreasonable load on the Web Site, its server(s), or its capabilities. User shall not in any way interfere or attempt to interfere with the proper functioning of the Web Site. User shall not use any program or device on the Web Site that is designed to "crash" the Web Site.
14. Web Site Access and Browser.
  User expressly agrees not to use any robots, spiders, avatars or other software, programs, or devices in connection with the use of the Web Site. Further, User agrees only to use generally commercially available web browsers, such as Netscape Navigator7 or Microsoft Internet Explorer7, to navigate the Web Site.
15. Submitted Ideas.
  The Phoenix Link encourages Users to provide feedback on User's experience with the Web Site. The Phoenix Link also welcomes Users' ideas and suggestions for improvement of the Web Site. If User has any comments or suggestions, User may send them by way of e-mail by clicking on the "contact us" link or by way of regular mail at The Phoenix Link, 1600 Executive Pkwy, Suite 205, Eugene, OR 97401.
  
  Note: By submitting any comments, suggestions or ideas to The Phoenix Link, User grants The Phoenix Link a royalty-free, non-exclusive, perpetual, irrevocable, transferable license to use, reproduce, distribute, display, modify, and create derivative works from the submitted material. Further, User grants The Phoenix Link exclusive ownership of and rights in any derivative works produced using such submitted material.
  
  User hereby agrees to indemnify and hold harmless (including reasonable attorneys' fees) The Phoenix Link, its affiliates, officers, directors, agents, and employees, from and against any and all liabilities arising from User's use of the Web Site or User's breach of any of these Terms and Conditions. User's obligation to The Phoenix Link shall survive any expiration or termination of User rights as a User or Member of the Web Site. The Phoenix Link shall promptly notify User of any claim and The Phoenix Link may, at its option, conduct the defense in any such action arising as described herein and User promises to fully cooperate with such defense.
16. Venue and Governing Law.
  It is agreed that the laws of the state of Oregon shall govern without reference to the place of execution or performance, and the parties agree to submit to the courts of the state of Oregon.
17. Web Site Linking and Framing.
  For Users' convenience, the Web Site contains frames and/or links to other Web Sites. These links to other Web Sites in no way imply any endorsement or guarantee by The Phoenix Link of the framed and/or linked Web Sites. The Phoenix Link cannot control and does not control any use of or content on the other Web Sites.
18. Limitation of Liability.
  The Phoenix Link is not required to and generally does not monitor or filter any content on the Web Site or use of the Web Site. The Phoenix Link disclaims any warranties as to the accuracy of any content posted on the Web Site by any Users. The Phoenix Link disclaims any warranties as to the legality of any content on the Web Site by its Users or legality of use of the Web Site by its Users.The Phoenix Link disclaims any responsibility for confirming or guaranteeing the identification of any User. User accepts all responsibility for the risks associated with communicating and interacting with other Users, whose identities may or may not be known.The Phoenix Link disclaims any warranties that the Web Site will operate error-free. The Phoenix Link in no way warrants that the Web Site is free from viruses, worms, Trojan horses, or any other programs or devices that may interfere with the Web Site or User's equipment. The Phoenix Link disclaims any responsibility for any damage to any of User's equipment damaged through the use of the Web Site.
  
  THE WEB SITE AND ALL MEDIA AND CONTENT CONTAINED ON THE WEB SITE AND SERVER(S) ARE "AS IS." TO THE FULLEST EXTENT ALLOWED BY LAW, THE PHOENIX LINK DISCLAIMS AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE WEB SITE OR ANY CONTENT ON THE WEB SITE, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE PHOENIX LINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR MAINTENANCE OF THE WEB SITE SHALL BE LIABLE TO USER FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH WEB SITE, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF THE PHOENIX LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY. THE PHOENIX LINK'S LIABILITY FOR DAMAGES IN NO EVENT SHALL EXCEED $1,000 OR THE ANNUAL FEE, WHICH EVER IS SMALLER. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND SOME STATES DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
19. User and Member Support.
  Click on the Contact Us link if User or Member support is needed.
20. Disputes.
  Any communication regarding disputes between User and The Phoenix Link must be submitted in writing and mailed by regular mail to the following address: The Phoenix Link, 3325 Landershire Lane, Plano, TX 75023.
21. Release.
  Since The Phoenix Link is in no way connected with any User and is in no way involved in any communications or transactions between Users, if User has a dispute with another User(s), User agrees to release The Phoenix Link, its affiliates, officers, directors, agents, and employees, from any and all claims and damages, including direct and indirect and actual and consequential damages, arising out of or in any way related to such disputes. If User is a California resident, User waives California Civil Code ' 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his executing the settlement with the debtor."
22. Waiver.
  No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.
23. Captions.
  The captions used in the Terms and Conditions are for convenience and reference only, and in no way define, limit, or describe the scope or intent of these Terms and Conditions or in any way affect these Terms and Conditions.
24. Severability.
  If any term or provision of these Terms and Conditions or the application of these Terms and Conditions to any person or circumstances is, to any extent, invalid or unenforceable, the remainder of these Terms and Conditions, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
25. Modification.
  The Phoenix Link RESERVES THE RIGHT TO MODIFY AND/OR AMEND THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING AT ANY TIME. USER IS RESPONSIBLE FOR FREQUENTLY REVIEWING THESE TERMS AND CONDITIONS TO ENSURE USER IS IN COMPLIANCE. ANY CHANGES OR MODIFICATIONS BY The Phoenix Link ARE BINDING.
26. Additional Terms.
  Certain services offered on the Web Site and certain areas of the Web site contain additional terms for use of the services and/or Web Site. By accessing those areas of the Web Site or using those services, User agrees to be bound by those additional terms.
27. EEOC Compliance.
  By accessing and using this Web Site, User agrees to be bound by all terms and conditions of the EEOC Statement.
28. Entire Agreement.
  EXCEPT AS EXPRESSLY PROVIDED IN SECTION 27, ADDITIONAL TERMS, YOU AGREE THAT THESE TERMS AND CONDITIONS ARE A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN The Phoenix Link AND YOU AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, AND PROPOSALS, ORAL OR WRITTEN, AND ANY AND ALL OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS.
29. USER ACKNOWLEDGES THAT USER HAS READ THESE TERMS AND CONDITIONS, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM.