Privacy Policy & Terms of Use

Privacy Policy

Last updated June 2019

This is a Privacy Policy for Medley Holdings, Inc., doing business as TalentZök, Simply Biotech, and Defense Search; hereby referred to as “TalentZök”.

At TalentZök, the privacy of our visitors is extremely important. This Privacy Policy outlines the types of personal information that is received and collected and how it is used. This Privacy Policy is reviewed and revised from time to time. Please revisit it regularly. Your use of this site, in any and all forms, constitutes an acceptance of this Privacy Policy.

Welcome to www.talentzok.com, www.simplybiotech.com, and www.defensesearchusa.com (the “Site”). This Privacy Policy (“Policy”) describes how TalentZök and its subsidiaries may use and disclose information that we may collect about you through the Site.

Collection and Use of Personal Information

When you use or provide any information with the Site, we may collect certain “Personal Information,” which is information that identifies you as an individual or relates to an identifiable individual. The categories of Personal Information we may collect include: your name and contact information (email, address and phone number), your job search criteria and preferences, your employment experience, educational history, your skills, reference information, background information, other information contained in your resume, or any login ID or email address and password created by you. By providing your mobile phone number to us, you opt in and consent to receive text messages from us, which includes but is not limited to text messages sent through an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any services from us. If you do not wish to receive marketing text messages, do not provide us with your mobile phone number.

We use Personal Information to provide you with information regarding employment opportunities and career-related information, and to otherwise provide you with requested information or services. We may from time to time use your Personal Information to send you automated email messages, text messages (message and data rates may apply), or marketing materials regarding our services, including employment information. We may also use Personal Information for our business purposes, such as data analysis, audits, and improving our services.

Disclosures of Personal Information

TalentZök may disclose Personal Information to third parties in the following circumstances: (1) to our third-party service providers who perform business functions and services on our behalf; (2) to comply with applicable laws, the service of legal process, or if we reasonably believe that such action is necessary to (a) comply with the law requiring such disclosure; (b) protect the rights or property of TalentZök or its affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of the users or the public. We also may disclose or transfer information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Collection and Use of Other Information

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. We may collect Other Information in a variety of ways, including:

• Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, and Internet browser type and version. We use this information to ensure that the Site functions properly.
• Using cookies: Cookies are pieces of information stored on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, registrations, submissions, demographics, information requests, language preferences, and other traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Site to enhance its functionality, understand how it is used and assist us with resolving questions about it. We may also use cookies and other technologies in online advertising campaigns to track responses to our ads. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies, or be given the choice of declining or accepting a particular cookie (or cookies) from a particular site. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Site.

• Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of Site users and email recipients, market our services to you, measure the success of our marketing campaigns and compile statistics about Site usage and response rates.

• Analytics. We use third-party analytics providers such as Google Analytics on the Site. Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. Google Analytics may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

• IP Address: Your IP Address is a number that is automatically assigned to your computer by your Internet Service Provider. An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Site, along with the time of the visit and the pages visited. We use IP Addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Site. We may also derive your approximate location from your IP Address.

Please note that we may use and disclose Other Information for our business purposes.

Third Party Services

This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Site links.

Security

We use reasonable organizational, technical and administrative measures designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

Choices

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by using the mechanism contained in each such email.

SMS Terms

If you no longer wish to receive candidate/job matches or job status updates from us on a going-forward basis, you may opt-out by texting “STOP” to us at any time. You may text “HELP” to us or call 1-858-487-0507 for assistance relating to text messages we send.
Use of Site by Minors
The Site is not directed to individuals under the age of eighteen (18) and, we do not knowingly collect Personal Information from individuals under 18. If you are a resident of California, under 18 and a registered user of the Site, you may ask us to remove content or information that you have posted to the Site by writing to info@talentzok.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

Jurisdictional Issues

The Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Your Rights and Choices

We respect your right to access and control your information. The amount of personal information you are required to supply when requesting our services is consistent with TalentZök’s interests in providing our services to you. TalentZök complies with applicable data protection laws and regulations.

We process personal data about you for the purposes set out in this Privacy Statement, including to provide recruitment, placement, employment or outsourcing services, operate our business, comply with our legal and contract obligations, and fulfill other legitimate interests of TalentZök.

You may have certain rights in relation to your personal data. The availability of these rights and the ways in which you can use them are set out below in more detail.

European Privacy Rights

For individuals located in the European Economic Area (“EEA”), United Kingdom, or Switzerland, TalentZök complies with data protection laws in your country, and if applicable, you have the following rights:

• Access: You have the right to request access to your personal data. You are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and certain other information about it.
• Correction: You are entitled to request that we correct inaccuracies (rectification) of your personal data. In response to your request, we will update any incomplete or inaccurate personal data we hold about you to ensure it is accurate and correct.
• Erasure: You have the right to request erasure of your personal data in certain circumstances, and subject to our obligations to maintain your information under applicable laws or if retention of your personal data is required in connection with claims.
• Restriction: You are entitled to ask us to suspend the processing of certain of your personal data, for example if you want us to establish its accuracy or the reason for processing it.
• Transfer: You may request to receive information you provided to us in a machine-readable portable format or the transfer of certain personal data to another party.
• Automated decisions: You may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered.

TalentZök provides individuals with the ability to resolve complaints or make inquiries directly with the company by contacting info@talentzok.com.

You have a right to object to TalentZök’s processing of your personal data where this is based on TalentZök’s legitimate interests (or those of a third party). You may challenge our reliance on legitimate interests. However, we may be entitled to continue processing your personal data based on our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.

You have the right to lodge a complaint with a Data Protection Authority, in particular in the Member State in the European Union (or United Kingdom, as applicable) where you are habitually resident, where we are based, or where an alleged infringement of Data Protection law has taken place.

Because processing your information is necessary to the performance of recruitment, placement, and employment or outsourcing services that we provide to you, a request to withdraw consent, object to processing, or erase your information may result in TalentZök being unable to continue providing its services such as recruitment, placement, employment, or outsourcing services. Subject to applicable law, TalentZök may limit or deny requests or charge reasonable fees.

Revisions to the Policy

If we change this Policy we will post any updates here for your review. The “Last Updated” line at the top of this page indicates when this Policy was last revised. Any changes will become effective when we post the revised Policy on the Site. Your use of the Site following these changes means that you accept the revised Policy.

Contacting Us

If you have any questions about this website privacy policy, or if you would like to update any personal information you have provided to us, please contact us at:
Mailing Address:

Operations Department
TalentZök
10845 Rancho Bernardo Road
Suite 103
San Diego, CA 92127

Email Address: info@talentzok.com

Terms of Use

Last updated June 2019

1. ACCEPTANCE

Welcome to the TalentZök website located at www.talentzok.com together with any materials and services available therein, and successor site(s) thereto (the “Site”), which is operated by TalentZök (“TalentZök” or “we” or “us”). These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and TalentZök. These Terms incorporate any additional terms and conditions posted by TalentZök through the Site, or otherwise made available to you by TalentZök.

PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SITE.

We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.

The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); or offer opportunities to some or all Site users.

2. ELIGIBILITY

By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.

The Site is controlled or operated (or both) from the United States and is not intended to subject TalentZök to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

3. LICENSE

Subject to and conditioned on your compliance with these Terms, TalentZök grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use.

The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of TalentZök or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of TalentZök or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

4. USER SUBMITTED MATERIALS

The Site includes functionality to enable you to upload your résumé and/or other employment- and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant TalentZök a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place TalentZök under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

TalentZök may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

For clarity, certain information that you provide to TalentZök through the Site may also be governed by TalentZök’s Privacy Policy, located at INSERT (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

5. RULES OF CONDUCT

In connection with the Site, you agree NOT to:

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

• Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

• Harvest or collect information about users of the Site.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.

• Restrict or inhibit any other person from using the Site.

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.

• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

• Remove any copyright, trademark or other proprietary rights notice from the Site.

• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.

Systematically download and store Site content.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without TalentZök’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, TalentZök grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. TalentZök reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

6. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You, and not TalentZök, are responsible for any use or misuse of your user name or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify TalentZök if there is any unauthorized use of your account or any breach of security.

7. THIRD PARTY MATERIALS

The Site may make available or provide links to third party websites, content, or information (“Third Party Materials”). TalentZök does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TalentZök, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy.

9. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND TALENTZÖK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.

Further, without limiting the foregoing, TalentZök (a) does not guarantee that you will receive any employment or job offers through the Site; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Site. You must use your own judgment in evaluating any prospective employers and any Third Party Materials.

10. LIMITATION OF LIABILITY

TALENTZÖK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TALENTZÖK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF TALENTZÖK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

11. TERMINATION

TalentZök may terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Site will immediately cease; (b) TalentZök may immediately deactivate or delete your user name, password and account; (c) TalentZök will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in TalentZök’s sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of these Terms will survive and continue in effect.

12. NOTICE OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to TalentZök a written notice by mail, e-mail or fax, requesting that TalentZök remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to TalentZök a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:

Copyright Agent
TalentZök
10845 Rancho Bernardo Road
Suite 103
San Diego, CA 92127

Email: info@talentzok.com
Phone: (858) 487-0507

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

13. GOVERNING LAW; JURISDICTION

These Terms are governed by and will be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in San Diego County, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

14. INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Site, please send an e-mail to info@talentzok.com. You may also contact us by writing to Operations at TalentZök, 10845 Rancho Bernardo Road, Suite 103, San Diego, CA 92127. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

15. GENERAL

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TalentZök. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and TalentZök relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and TalentZök relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TalentZök will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.