PRIVACY POLICY

Subscription Service Agreement

We are committed to being transparent about the data we collect about you, how it is used and with whom it is shared. Last Updated: July 1, 2020

Your Privacy Matters
We are committed to be transparent with you about the data we collect about you and how it is used and shared.By using our Services, you consent to our use of your data under this Privacy Policy.We are a referral network and online platform for professionals as well as companies. People use our services to find and be found for business opportunities and to connect with others and information. Our Privacy Policy applies to any Member or Visitor to the covered Services.Any person who visits one of our websites or online services (e.g drafted.us) is a Visitor.Any person who registers for one of our services is a Member.
Services
This Privacy Policy applies to Drafted.us, sites, apps, communications and services (“Services”).
ConsentIf you use our Services, you consent to the collection, use and sharing of your personal data under this Privacy Policy and agree to the User Agreement. We will ask you for explicit Consent when you are using parts of the product that need access to different data that belongs to you - for example, we will ask you for separate consent to access your Google Contacts versus your LinkedIn connections, if and when you decide to import that data into Drafted.Your consent for this kind of data can be withdrawn at any time by disconnecting the relevant account from your Settings page, or requesting via support lines.
ChangeWe may modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account and request for all your data to be removed. Your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that you are consenting to the updated Privacy Policy.
1.1 Information You Provide To UsYou provide data to create an account with us.
RegistrationTo create an account you provide data including your name, email address and/or mobile number, and a password. If you register for a premium Service, we may ask you for payment (credit card) and billing information. We use respected, certified PCI-DSS compliant third party systems for payment processing and billing including Recurly and Bill.com.
ProfileProfile information is used to verify your identity and provide you with Drafted services, including helping other people in your network to find you and potentially contact you for the purpose of asking about introductions or new opportunities. Your public profile does not include things you would consider private to your company e.g an employee referral you make or things that you’d want confidential as a job seeker e.g a record of interest that you expressed in a new job opening.We do not ask you to add any sensitive information on your profile.Please do not post or add personal data to your Drafted profile that you would not want to be available to others in your network.
Posting and UploadingWe collect personal data from you when you provide, post or upload it to our Services, such as when you fill out a form, apply for or save jobs or send invitations. If you opt-in to import your address book, we receive your contacts (including contact information your service provider(s) or app automatically added to your address book when you communicated with addresses or numbers not already in your list).
LinkedIn ConnectionsIf you import your LinkedIn data, we receive data about your LinkedIn connections and your LinkedIn profile, but the information we store and use is limited to your connections’ basic information such as full name, email, current job title, current company, and public websites. The information contained in your LinkedIn data exports may be changed by LinkedIn from time to time, and that would be reflected in what you share with us.

The purpose of your LinkedIn connections is to make personalized recommendations to you about how to navigate your network when making introductions and getting referrals.If you are an employee at a company that uses Drafted, your LinkedIn contacts information will be accessible to managers and recruiters at your company.

Neither Drafted, nor your employer will be able to access any sensitive LinkedIn information about you or information you would generally consider private such as private messages, your LinkedIn posts, salary information, job applications, etc.

Drafted makes recommendations to your recruiting team about people in your network so that the recruiting team can request introductions to those people from you.

People in your address book are also able to ask you for relevant introductions - for example, a past colleague of yours who is connected with you through LinkedIn may be able to ask you for an introduction to someone on your recruiting team.
1.2 Information From OthersOthers may post or write about you.
ContentYou and others may post content that includes information about you on our Services. Unless you opt-out, we collect public information about you, such as your current job title, links to your various public presences on the internet e.g Twitter, Github, LinkedIn, and make it available as part of our Services (e.g. suggestions for your profile)
Contact  and Profile InformationWe receive personal data about you when others import or sync their address book with our Services, or send messages using our Services (including invites or introduction requests).Customers and partners may provide data to us. For example, your employer may provide us with an email to invite you into the service. PartnersWe sometimes receive personal data about you when you use the services of our partners, such as applicant tracking systems, providing us job application or referral data. The privacy of this data will be governed by the relevant partners’ privacy policy and data processing agreements with you and (when appropriate) your employer.
1.3 Service UseWe log your visits and use of our ServicesWe log usage data when you visit or otherwise use our Services, including our sites, such as when you view or click on content (e.g job postings), perform a search, share job openings, or apply for jobs. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.
1.4 Cookies, Web Beacons and Other Similar TechnologiesWe collect data through cookies and similar technologies.We use cookies and similar technologies (e.g., device identifiers) to recognize you and/or your device(s) on, off and across different Services and devices. You can control cookies through your browser settings and other tools.
1.5 Your Device and LocationWe receive data from your devices and networks.We use cookies and similar technologies (e.g., device identifiers) to recognize you and/or your device(s) on, off and across different Services and devices. You can control cookies through your browser settings and other tools.
1.6 MessagesIf you communicate through our Services, we learn about that.We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a Drafted invite, we track whether you have acted on it and may send you reminders. However, we are NOT able to read your emails (e.g Gmail or Microsoft Outlook) when you use those providers as a way of authentication (e.g Sign In with Google)
1.7 Workplace Provided InformationWhen your employer buys a premium Service for you to use at work, they may give us data about you.

An employer (or other person or entity procuring our Services for your use) may provide us information about their employees or contractors who make use of these Services. For example, we will get contact information for “Company Page” administrators and for authorizing users of our premium Services, such as Drafted for Teams.
1.8 OtherWe are improving our Services, which means we get new data and create new ways to use data.Our Services are dynamic and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we use your data, we will notify you and may also modify this Privacy Policy.
2. How We Use Your DataWe use your data to provide, support, personalize and develop our Services.How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We use the data that we have about you to provide, support, personalize and make our Services more relevant and useful to you and others.
2.1 ServicesOur Services help you connect with others, find and be found for work and business opportunities, find and be found for referrals and introductions, and participate in employee and external referral programs run by different companies.We use your data to authenticate you and authorize access to our Services.
Get IntroducedOur Services allow you to find, receive, and be found for introductions and referrals by  colleagues, partners, clients, and other professional contacts. If you are connected with someone through your contacts (e.g LinkedIn, address book) you both will be able to see each other’s contact information, and request introductions from each other’s networks.

We will use data about you (such as profiles you have viewed or data provided through address book uploads or partner integrations) to suggest introductions, connections, and referrals for you and others (e.g. Members who share contacts in common with you) and enable you to invite others to become a Member or request an introduction from them, even if they are not a Member. It is your choice whether to invite someone to our Services or send an introduction request. You can choose whether or not to share your own list of connections with your network.

We use your public profile, activity and other data, including your job title, name and picture, to provide recommendations to other Members in your network.For example, if you are connected to both a recruiter and a potential candidate for a job, we may suggest to the recruiter that they reach out to you in order to get an introduction to the potential candidate for that job.

However, a recruiter you do not know would be unable to contact one of your friends directly by virtue of you importing your connections into Drafted. CareerOur Services allow you to explore careers, seek out, and be found for, career opportunities.

Your profile can be found by those people in your second-degree network looking to hire or be hired by you, and may be obtained from public information even if you are not a user of our Services.

We will use your data to recommend job related introductions to you, show you and others who work at a company, in an industry, function or location or have certain job titles and connections.

We may use your profile to recommend jobs to you and you to recruiters at companies that are in your network. ProductivityOur Services allow you to collaborate with colleagues. Our Services allow you to communicate with other professionals. We allow you to store and use tools to improve productivity such as message templating. 2.2 Premium ServicesOur premium Services allow paying users to search for and contact Members through our Services, such as searching for and contacting job candidates, and promote content through social media.We sell premium Services that provide our customers customized-search functionality and tools (including messaging). A premium Services subscriber can store information he/she has about you in our premium Services, such as contact information or work history. The data provided about you by these subscribers is subject to the policies of those subscribers.It is against our policy for customers or users to scrape or permanently take data that does not belong to them off Drafted, except in case of approved Partner integrations (such as an Applicant Tracking System).2.3 CommunicationsWe contact you through multiple channels. We offer settings to control what and how often you receive some types of messages.

We will contact you through email, notices posted on our websites or apps, team chat applications like Slack and Stride, and other ways through our Services.

We will send you messages about the availability of our Services, security, or other service-related issues.We also send messages about how to use the Services, network updates, reminders, referral suggestions and promotional messages from us and our partners.You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.2.4 MarketingWe promote our Services to you and others.We use data and content about Members for invitations and communications promoting membership and network growth, engagement and our Services.2.5 Customer SupportWe use data to help you and fix problems.We use the data (which can include profile, communication activity and activity history in some cases) needed to investigate, respond to and resolve complaints and Service issues (e.g., bugs).

We train our support staff to ask for explicit consent before accessing any of your data which is neither public nor pseudonymized.

We use tools and monitoring like Hubspot, Fullstory, and Drift to help provide you with better support and services. We ensure that these third party tools we use are compliant with our policies.
2.6 Aggregate InsightsWe use data to generate aggregate insights.We use your information to produce aggregate insights that do not identify you. For example we may use your data to generate statistics about our users, their profession or industry, or the demographic distribution of visitors to a site.
2.7 Security and InvestigationsWe use data for security, fraud prevention and investigations.We use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of our User Agreement or this Privacy Policy and/or attempts to harm our Members or Visitors.
3. Our ServicesAny information you include on your profile, or publicly available information that is added to your profile automatically by our Services will be seen by others. ProfileYour profile is fully visible to all Members and customers of our Services. As detailed in our Help Center

Your settings, degree of connection with the viewing Member, search types (e.g., by name or by keyword) impact the availability of your profile and certain fields.Your employer can see how you use Services they provided for your work (e.g. as a recruiter) and related information. They will not be able to see any activity you take in Personal Mode, such as job searches or individual introduction requests. 3.1 Service ProvidersWe may use others to help us with our Services.

We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated to not to disclose or use it for other purposes. 3.2 Legal DisclosuresWe may need to share your data when we believe it’s required by law or to protect your and our rights and security.It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of Drafted, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand. 4. Your Choices & Obligations4.1 Data RetentionWe keep most of your personal data for as long as your account is open.We retain the personal data you provide while your account is in existence or as needed to provide you Services. Even if you only use our Services when looking for a new job every few years, we will retain your information and keep your profile until you decide to close your account or exercise your right to be forgotten
In some cases we choose to retain certain information in a depersonalized or aggregated form, for example some of the uses outlined in section 2.Unless you opt-out or exercise your right to be forgotten, we will retain publicly available data about you in order to provide services to other Members who are connected with you.4.2 Rights to Access and Control Your Personal DataYou can access or delete your personal data. You have some choices about how your data is collected, used and shared.By default, if there is a Drafted public profile about you - it is accessible to anyone who knows how to find it, including you, but it does not contain any information that is not already available about you, without your consent. Only people in your first or second degree network are able to contact you through Drafted. You can opt-out at any time here.4.3 Account ClosureWe keep some data about you even after you close your account.If you choose to close your Drafted account, your personal data will generally stop being visible to others on our Services within 24 hours.Account information is permanently within 30 days or less of account closure, except as noted below.We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.Information you have shared with others e.g referrals you made to your employer remain visible after you closed your account, and we do not control data that other Members copied out of our Services. Your profile picture and name may continue to be displayed in the services of others (e.g to show that you referred someone).
5 Data Access RequestYou may request reasonable access to your data on Drafted. We respond to all Data access requests within 30 days, and you can request a copy of your data here.

For Members and users of non-premium Services, most standard Data Access Requests are free of charge, unless there is an excessive number of requests or undue burden through such requests placed on us.For customers and subscribers of our premium Services, most standard Data Access Requests are included in their subscription, unless there is an excessive number of requests or customized work we need to do in order to serve them.When you request data from us, we are only able to provide data that belongs to you, and may ask to verify your identity to for security reasons. 6. Other Important Information 6.1. SecurityWe monitor for and try to prevent security breaches.We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us.There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.If we confirm a breach of security that affects you, we will notify you within 3 days of such breach. You can read more about our security practices here.
6.2. Direct Marketing and Do Not Track SignalsWe currently do not share personal data with third parties for their direct marketing purposes without your permission, and you will be notified if there is a change to this policy.
6.3. Contact InformationYou can contact us or use other options to resolve any complaints.If you have questions or complaints regarding this Policy, please first contact Drafted online, through our Live Chat support line or by emailing privacy@drafted.us.
6.4 Third PartiesDrafted does not sell your data to third parties. Drafted does use several third party services for example, SendGrid for sending emails, and Appcues for onboarding. The relevant parts of your data that are required for these services are shared with them, such as your email address for SendGrid to be able to send you a message on our behalf, and actions you took in the app in order to tailor your onboarding experience through Appcues.

Drafted chooses third party services carefully and does not use services if there is reason to believe that they will sell your personal data to others. Where possible, Drafted requires third party services to be contractually obligated to only use and store data required for the specific purpose of providing services to Drafted or it’s users.

Last Updated: July 1, 2020


This Subscription Service Agreement is entered into as of the Effective Date by and between Drafted, Inc. (“Drafted”, “we”, “us” or “our”) and you (“you” or “your”).  This Agreement sets forth the terms and conditions that govern your access and use of our Subscription Service. 

If you are entering into this Agreement on behalf of your company, you represent to us that you have the authority to bind your company to the terms and conditions set forth herein, in which case the terms “you” and “your” will also refer to your company.  If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use our Subscription Service. 


1. Definitions. Unless as otherwise defined herein, capitalized terms used in this Agreement have the meanings set forth below:


Add-On Service” means services that may be provided to you by Drafted in addition to the Subscription Service during the Term. 


Agreement” means this Subscription Service Agreement and all Order Forms, if any.


Content” means the audio and visual information, documents, software, products and services made available to you by Drafted in the course of using the Subscription Service.


Effective Date” means effective date listed on the applicable Order Form

.

Intellectual Property Rights” means any unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof and forms of protection of a similar nature anywhere in the world.


Order Form” means any Drafted-approved form, whether submitted online or by writing, evidencing your subscription for the Subscription Service and specifying, among other things, the type of subscription, the Subscription Fee and the billing frequency.  Each Order Form is hereby incorporated into and will be treated as a part of this Agreement.


Privacy Policy” means the privacy policy that applies to your access and use of the Subscription Service, available at https://drafted.us/privacy, as may be amended and/or restated from time to time.


Subscriber Data” means any data, information or material provided or submitted by you to Drafted in the course of using the Subscription Service.


Subscription Fee” means the amount you pay for the Subscription Service each billing period, as specified on the applicable Order Form.


Subscription Service” means the services made available to you by Drafted on our web-based applications, tools and platforms that you subscribe to via an Order Form.


Term” means the Initial Term and the Renewal Term(s), if any.


Terms of Use” means the terms and conditions that apply to your access and use of the Subscription Service, available at https://drafted.us/legal, as may be amended and/or restated from time to time.


2. Subscription Service.


a. Access and Use.  We hereby grant to you a limited, non-exclusive, non-transferable right to access and use the Subscription Service, subject to the terms and conditions of this Agreement and the applicable Order Form.  We reserve all rights not expressly granted to you.  


You will not (i) license, grant, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Subscription Service or the Content; (ii) modify or make derivative works based upon the Subscription Service or the Content; (iii) create Internet “links” to the Subscription Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Subscription Service in order to (x) build a competitive product or service, (y) copy any ideas, features, functions or graphics of the Subscription Service or (z) build a product using similar ideas, features, functions or graphics of the Subscription Service.


b. Modifications.  We may modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience.  We will not make any changes to the Subscription Service that materially reduce the functionality of the Subscription Service during the Term.


c. Support.  We will provide support and use commercially reasonable efforts to ensure that the Subscription Service performs as advertised. 


d. Free Trial.  We may make the Subscription Service available to you on a trial basis free of charge (the “Free Trial”) until the earlier of (i) the date on which the Free Trial is terminated or (ii) the start date of your paid subscription of the Subscription Service.  We may suspend, limit or terminate the Free Trial for any reason at any time without notice.  Any Subscriber Data submitted to Drafted during the Free Trial may be permanently deleted at the end of the Free Trial, unless you purchase a paid Subscription Service before the end of the Free Trial.  


e. Add-On Service.  You may purchase the Add-On Service during the Term by entering into a written instrument signed by you and Drafted, which will set forth the additional services to be provided, the applicable fees and other terms and conditions.  For purposes of clarity, the Add-On Service may not be ordered under this Agreement and the fees for such Add-On Service are in addition to the Subscription Fee.


3. Fees and Payment


a. Subscription Fee.  You will pay the Subscription Fee in accordance with the billing terms set forth in the applicable Order Form, commencing on the Effective Date.  We will automatically bill your credit card or alternative payment method on the first day of each billing period for payment of the Subscription Fee.  Unless otherwise provided herein, all payment obligations are non-cancelable and all amounts paid are non-refundable. 


b. Billing.  You agree to provide us with complete and accurate billing and account information, including your name, e-mail address and telephone number, along with your company’s legal company name and street address.  You agree to update this information within 30 days of any change to it, either via the Drafted website or by contacting billing@drafted.us.


c. Payment by Credit Card.  If you choose to pay by credit card, you must provide us with valid credit card information to subscribe for the Subscription Service.  You authorize us to charge your credit card for the Subscription Fee payable during the Term.  You further authorize us to use Stripe as a third party to process payments and consent to the disclosure of your payment information to such third party.


d. Changes to Fees.  We may change the Subscription Fee or the billing periods for payment of the Subscription Fee at any time in our sole discretion and upon providing you with reasonable prior written notice of such change.  Such change will become effective at the end of the current Initial Term or Renewal Term, as applicable.  You may cancel the Subscription Service and terminate this Agreement before such change becomes effective.


e. Taxes.  The Subscription Fee is exclusive of all taxes, levies or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies or duties, excluding only federal or state taxes based solely on Drafted’s income.


4. Term and Termination.


a. Initial Term.  Unless otherwise terminated earlier pursuant to this Agreement, the initial term of the Subscription Service will begin on the Effective Date and expire at the end of the period (e.g., month, quarter, year) listed on the applicable Order Form or online checkout process (the “Initial Term”).  


b. Renewal Term.  Unless otherwise terminated earlier pursuant to this Agreement, this Agreement will automatically renew for successive periods equal to the number of days of the Initial Term (each, a “Renewal Term”).  


c. Termination.  Either party may terminate this Agreement at any time upon written notice for any reason.  If this Agreement is terminated prior to the end of the Initial Term or a Renewal Term, you will be responsible for all payments due through the end of the billing period then in effect. 


d. Remedies Not Limiting.  The remedies provided in this Section are in no way limiting of one another or of any other rights and remedies granted to Drafted under this Agreement.  Drafted may choose to, but is not required to, place your account on suspension in lieu of termination where termination is permitted under the terms of this Agreement or take other appropriate action.


5. Subscriber Data. 

You, not Drafted, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all Subscriber Data, and we will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Subscriber Data.  


6. Intellectual Property Ownership.


We exclusively own all right, title and interest, including all related Intellectual Property Rights, in and to the Subscription Service, the Content and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Subscription Service.  


All Intellectual Property Rights associated with the Subscription Service are the property of Drafted, and no right or license is granted to use them.  This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Subscription Service, the Content or the Intellectual Property Rights owned by us.


7. Disclaimer of Warranties.


WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE OR ANY CONTENT.  WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SUBSCRIPTION SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SUBSCRIPTION SERVICE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SUBSCRIPTION SERVICE, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED OR (E) THE SUBSCRIPTION SERVICE OR THE SERVER(S) THAT MAKE THE SUBSCRIPTION SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE SUBSCRIPTION SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


8. Limitation of Liability.


IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN THE BILLING PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY SUCH LIABILITY.  IN NO EVENT WILL WE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SUBSCRIPTION SERVICE, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE OR ACCESS THE SUBSCRIPTION SERVICE OR THE CONTENT AND ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


9.Indemnification.


You will indemnify and hold us and our subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, causes of action, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) an allegation that use of the Subscriber Data infringes the rights of, or has caused harm to, a third party; or (ii) breach of this Agreement by you; provided, that, in any such case, we (a) give written notice of the claim promptly to you; (b) give you sole control of the defense and settlement of the claim (except you may not settle any claim without our consent, unless you unconditionally release us of all liability and such settlement does not affect our business or the Subscription Service); (c) provide to you all available information and assistance; and (d) have not compromised or settled such claim.


We will indemnify and hold you and your subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, causes of action, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) an allegation that use of the Subscriber Data directly infringes a copyright, a U.S. patent issued as of the Effective Date or a trademark of a third party; or (ii) breach of this Agreement by us; provided, that, in any such case, you (a) give written notice of the claim promptly to us; (b) give us sole control of the defense and settlement of the claim (except we may not settle any claim without your consent, unless we unconditionally release you of all liability); (c) provide to us all available information and assistance; and (d) have not compromised or settled such claim.


10. Miscellaneous.


a. Amendment; No Waiver.  We may amend the terms and conditions of this Agreement at any time, effective upon posting an updated version of this Agreement on the Drafted website.  You are responsible for regularly reviewing this Agreement and we encourage you to continually check the Drafted website for any changes.  Your continued use of the Subscription Service after any such change shall constitute your consent to such change.


Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.


b. Governing Law.  This Agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules.  


c. Relationship of Parties.  No joint venture, partnership, employment or agency relationship exists between us and you as a result of this Agreement or your access and use of the Subscription Service.


d. Severability.  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.


e. Entire Agreement.  This Agreement (including all Order Forms, if any), along with the Terms of Use and the Privacy Policy, comprise the entire agreement between you and us and supersedes all other proposals and agreements, whether written or oral, between you and us regarding the subject matter contained herein.  


f. Assignment.  You shall not assign this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which shall not be unreasonably withheld.  We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.


g. Notice.  We may give notice to you by general notice on the Drafted website or electronic mail to your e-mail address on record.  Such notice will be deemed to have been given upon the expiration of 12 hours after sending it by electronic mail.  You may give notice to us (such notice deemed given when received by us) by electronic mail to mailto:contact@drafted.us.  


Right to Opt-out of Sale of Personal Information

We do not sell your personal information.


Sources and Purposes  

We collect the above categories of personal information from the sources described in Section 1 (The Information We Collect About You) and for the purposes described in Section 2 (How We Use Your Data).


Notice at Collection

You have the right to have information about the categories of personal information that we collect about you and how we use that information. All such information is described in this Privacy Policy.


Verifiable Requests to Delete and Requests to Know

Subject to certain exceptions, California residents have the right to make the following requests, at no charge:


Request to Delete: You may request that we delete your personal information, and we will delete such data upon verifiable request subject to any exemptions.


Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.  California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:


  • categories of personal information collected;
  • categories of sources of personal information;
  • business and/or commercial purposes for collecting and selling their personal information;
  • categories of third parties/with whom we have disclosed or shared their personal information;
  • categories of personal information that we have disclosed or shared with a third party for a business purpose; and
  • categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.


We have provided this information in the main body of the Privacy Policy, to the extent applicable, and in the table set forth above. We do not sell your information.


California residents may make Requests to Know up to twice every 12 months.


Submitting Requests  

Requests to Know, and Requests to Delete may be submitted by  emailing us at privacy@drafted.us. We will respond to verifiable requests received from California consumers as required by law.  An authorized agent submitting a request on behalf of a California resident must demonstrate that the resident provided written permission, signed by the resident authorizing the agent to act on the resident’s behalf. For requests for information and deletion, we may require that the California resident verify its own identity directly with us and directly confirm that the resident provided the authorized agent permission to submit the request.  


Right to Non-Discrimination

The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.    


Financial Incentives

At this time, we do not offer any financial incentives to persons based on whether they choose to provide personal information to us.


For more information about our privacy practices, you may contact us as set forth in the “Contact Information” section above.