Please see this page for our Master Subscription Agreement.
Welcome, and thank you for your interest in Onboard IQ, Inc. (“Fountain,” “We,” or “Us”). These terms of service (“Terms”) establish the terms and conditions that apply to you when you use the Services (as defined below).
As described below, these terms provide for the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. you can opt-out of this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these terms and stating that you (include your first and last name) decline this arbitration agreement.
We've updated our Master Subscription Agreement. For previous versions please see our archive here . Reach out to firstname.lastname@example.org if you have any questions about our updated business terms.
this Master Subscription Agreement (this "Agreement") is between OnboardIQ, Inc., a Delaware corporation ("Fountain") and Customer (as defined below).
By accepting this agreement, either by clicking a box indicating your acceptance, executing an order form, sow, or other document that references this agreement, by using (or making any payment for) the services,or by otherwise indicating your acceptance of this agreement, you: (1) agree to this agreement on behalf of the organization, company, or other legal entity for which you act ("customer"); and (2) represent that you have the authority to bind customer to this agreement. if you do not have such authority, or if you do not agree with this agreement, you must not accept this agreement and may not use the services.
Specific details regarding what particular Services are purchased or licensed will be specified in an Order Form (as defined below), and specific details regarding what Professional Services are purchased will be specified in an SOW. This Master Agreement together with any Order Form(s) and SOW(s) collectively constitutes this “Agreement" between Fountain and Customer. The parties agree as follows:
The parties agree as follows:
The following capitalized terms shall have the meanings set forth below. Any capitalized terms used but not defined in this Master Agreement will have the meaning provided in the applicable Order Form.
Fountain streamlines and optimizes the process of connecting Applicants with income opportunities in the gig economy and hourly workforce.
In this Policy, we refer to Fountain Users, Applicants, and site visitors as “you” or “your.”
“Applicants” means individuals who utilize Fountain Services to apply for jobs.
“Customers” means Fountain’s customers who use the Fountain Services to recruit and hire workforce members, including employees and contractors.
All capitalized terms that are not defined herein have the definitions given them in our Terms of Service.
We collect, store, process and disclose personal information belonging to Applicants who create an account or apply for employment with or are employed by our Customers, site visitors, and Customers.
You may choose to provide personal information to Fountain in order to create an account, apply for a job, post a position, or otherwise interact with the Services. The personal information you will be asked to provide depends on your interaction with the Services, as explained below.
No site visitor is required to submit personal information on Fountain Services, and no Applicant is required to start or finish an application for employment. Please do not submit any information through the Fountain Services that you do not want either Fountain or the applicable Customer to see.
Account and Contact Information. If you create an account, we may collect account information, such as login credentials, contact and business information , and application information related to the posted positions.
Application Responses. In the event you choose to apply for a particular position, we will display the information fields the Customer has requested be collected from Applicants. Such information could include your name, photo, contact information, Social Security number, driver’s license number, passport number, residence and/or business address, and other information typically found on a job application, such as your job history, education level, age, specialized skill set, and other information requested by the applicable Customer. This may also include documents you need to submit that reflect your identity or other information about you, such as your passport.
While Applicants are in no way required to supply this information to us, please be advised that the applicable Customer may choose to ignore applications for positions that do not contain the requested information.
Communications With You. We may send communications to you and receive communications from you. Additionally, we work with one or more third parties to facilitate communications (including text messages) between Customers and Applicants. We receive information about these communications including the date and time of the communication, the parties’ phone numbers, and the content of the communications.
Log data and metadata. We maintain logs of when and how you complete important steps in the application process or take certain actions using the Services, such as sending a message, completing application steps, or uploading a resume.
We may collect log file information about your browser or mobile device each time you access the Services, including information such as your Internet Protocol (“IP”) address, browser type, information about your mobile device, including unique device identifier, referring/exit URLs, time you visit the Services, and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information.
Information from Third Parties. We may obtain additional information about you from third parties such as Customers, marketers, partners, researchers, social networks, data services companies (e.g., for data enhancement) and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from our Services.
Cookies, Web Beacons, Analytics, and Similar Mechanisms
We and our third-party partners may automatically collect certain types of usage information when you visit our website or use our Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
Web Beacons. Small graphic images (also known as "pixel tags" or "clear GIFs") may be included on our Services or in our emails. Web beacons typically work in conjunction with cookies to help Fountain and Customers understand Fountain Users and their behavior, for example, by counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages. For more information on managing web beacons, click here.
Use of data collected through these mechanisms. We may use metadata or the data collected through cookies, log files, device identifiers, location data and clear GIF information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Services; (d) understand how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services, and other actions you take on the Service); (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Services; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Services.
Analytics. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Services. These tools may track your inputs of personal information into web forms that form a part of the services.
Do Not Track. Do Not Track is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not recognize or respond to Do Not Track signals from your browser at this time. Learn more about Do Not Track.
Collection Across Multiple Devices. Sometimes, we (or our service providers) may use the information we collect—for instance, log-in credentials, IP addresses, hashed email addresses, and unique mobile device identifiers—to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, video game devices or consoles, or computers), or work with providers that do this, in order to offer the Services, better tailor content, features, and advertising, and provide you with a seamless experience across the devices you use to access the Services.
Location information. We may collect different types of information about your location, including general information (e.g., IP address, ZIP code), and, with your permission in accordance with your device settings, precise geolocation information from GPS-based functionality on your devices, and may use that information to customize the Services with location-based information, advertising, and features. For example, if your IP address indicates an origin in downtown San Diego, the Services may recommend positions near or around San Diego. In order to do this, your location information may be shared with our agents, vendors or advertisers.
We process your personal information for a variety of legitimate business purposes, or with your consent, as outlined below.
To Provide the Services
We use information we collect, including personal information, to operate, maintain, analyze and improve, and provide the Services, including to facilitate the posting of positions, the collection of application responses (e.g., to communicate with you regarding your application), and the identification of positions, Customers, or Employers that might be a good fit for Applicants.
Additionally, Fountain may use information, including personal information to:
To Communicate With You
We may use the information we collect to communicate with you, such as to send you email messages or text messages with your consent, or to permit Customers or other Fountain Users to send you such messages, and to follow up with you to offer information about our Services and your account. We may send you advertising or content regarding our products and services, or products and services that we market on behalf of another company. We may also send you Services-related emails or messages (e.g., account verification, transactional communications, change or updates to features of the Services, technical and security notices). If you want to stop receiving promotional materials, you can email email@example.com, follow the unsubscribe instructions at the bottom of any email from us, or follow the instructions in our Terms of Service.
To Prioritize Applicants for our Customers
If our Customer opts in, Fountain will automatically analyze Applicant data based on the hiring preferences of our Customers in order to prioritize applications for our Customers’ review. Application priority is determined by our Customers’ preferences or hiring patterns, as well as by how complete your profile or application is. They do not constitute an assessment of who the best or proper candidate is for any position; they only organize applications according to the Customers’ instructions.
Anonymized, De-Identified, and Aggregate Information
Our use of anonymized, de-identified, or aggregate information is not subject to the restrictions under this Policy.
If you are located in the European Economic Area (“EEA”), please note that the legal bases under the GDPR for using the information we collect through your use of the Services are as follows:
To Facilitate Your Application
We may share your personal information:
With Third-Party Service Providers
Fountain uses third-party service providers to operate our Services (including, but not limited to, fulfilling Fountain User requests, hosting, analytics, maintenance, security, customer service, marketing, sweepstakes, survey, promotional and email services, and customer and technical support), and those third-party service providers may have access to personal information. Where required by applicable law, Fountain has executed appropriate contracts with the service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
With the Public
To the extent that we provide forums, blogs, or bulletins that allow you to post user-generated content, such content may become available to the public and to other members of the Services. If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Fountain Users have copied or saved that information.
Additionally, we may share information about you in these instances:
We may also aggregate or otherwise strip data of all personally identifying characteristics. Our disclosure of anonymized, de-identified, or aggregate information is not subject to any restrictions under this Policy, and we may disclose it to others without limitation for any purpose.
Fountain retains the personal information it receives as described in this Policy for as long as you use the Services or as necessary to fulfill the purpose for which it was collected, provide our products and Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
How to Control Your Communications Preferences
You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications or by contacting us as described below. We make every effort to promptly process all unsubscribe requests.
Note that you will continue to receive Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices). Removing your name from the email list may take a reasonable amount of time.
Also note that others, such as Employers or potential Employers, may contact you through or outside of Fountain’s Services and Fountain may not be able to control your preferences for those types of communications. Contact the Employer or potential Employer directly to learn more about how to opt out of communications from them.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can likely access these settings by logging in. If you would like us to close your account, you can reach out to us as described below and we will do so.
|Categories of Information Collected||Sources of Information||Purposes for Use of Information||Disclosures of Information for Business Purposes|
|Account registration information, e.g., name, DOB, password, email address, username, phone number, wireless device security questions and answers city, state, zip code, and U.S. work eligibility (“Yes” or “No”)||
|Contact information, e.g., name, email address, postal address, and phone number||
|Application responses and results, e.g., responses to application questions, documents uploaded for job applications, and results of background checks and identity verification||
|Demographic and statistical information, e.g., gender, race, age, date of birth, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys||
|Personal identifiers and employment eligibility information, e.g., photographs, driver’s license number, operator’s license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms||
|Customer service information, e.g., questions and other messages you address to us directly through online forms, by email, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team||
|Communications, e.g., your communications with Fountain, your communications with Customers or Applicants, and information surrounding those messages such as the date/time of the communication||
|Research, survey, or sweepstakes information, e.g., if you participate in an internal Fountain survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information), and to fulfill your prize)||
|Information about others, e.g., if you submit information about your references or former employers; or if you use a “tell-a-friend” tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient’s contact information;. In providing this information, you represent that you are authorized to provide it.||
|Device information and identifiers, e.g., IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers||
|Connection and usage data, e.g., information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information||
|Geolocation, e.g., city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation, and, with your permission in accordance with your device settings, precise geolocation information from GPS-based functionality on your devices||
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. In some circumstances, if you ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please click here.
California residents may opt out of the “sale” of their personal information. Although, we do not believe we engage in the sale of personal information (and have not in the past twelve months) as we currently understand such terms to be defined under applicable law and relevant regulatory guidance, we do share information as described in this Policy, including with your consent and with certain analytics and advertising partners who perform certain services like analyzing our Services and showing you ads for Fountain. You can choose to limit the information shared with our analytics and advertising partners by following the steps described in the “Cookies, Web Beacons, Analytics, and Similar Mechanisms” portion of Section 1 of this Policy.
With regard to Customer Records, Applicants should direct requests to exercise applicable rights to the Customer on whose behalf we handle the data. If we receive a request from an Applicant directly in relation to Customer Records, we will refer that request to the appropriate Customer(s) and await each Employer’s instructions on how to handle it.
California “Shine the Light” Disclosure
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by clicking here. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
Personal Data Transfers Outside of the EEA
Your personal information collected through the Services may be stored and processed in the United States and in any other country in which Fountain or its subsidiaries, affiliates or service providers maintain facilities.
As required by applicable law, Fountain will provide an adequate level of protection for your personal data using various means, including, where appropriate:
Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.
Rights of Access, Portability, Rectification, Erasure, and Restriction
You may have the right to inquire as to whether Fountain is processing personal information about you, request access to that personal information, request your information in a portable format, restrict processing, and ask that we correct, amend, or delete your personal information where it is inaccurate. You can exercise such rights by accessing the information in your account, submitting a request by emailing GDPRrequests@fountain.com.
Accessing and Modifying Your Personal Information. You may view and modify your personal information through your account settings.
If at any time you believe that an item of personal information about you is inaccurate and it cannot be updated through account settings, please contact us as described above as soon as possible with a description of the inaccuracy and the desired correction. We are committed to helping to maintain the accuracy and integrity of personal information we hold about you and endeavor to respond to rectification requests in a reasonable timeframe.
Note that we may not be able to modify your information in all circumstances. For example, information we collect in the course of providing the Services is shared with a Customer and we do not control that information once it has been shared with the Customer.
Erasing Your Personal Information. If you wish to erase the personal information Fountain holds about you, please contact us as described above.
Note that in some cases we may not be able to erase your personal information, in which case we will let you know if we are unable to do so and why.
Restriction and Portability Requests. If you wish to restrict Fountain’s processing of your data or wish to request information Fountain holds about you, please contact us as described above.
If you have any questions about reviewing, modifying or deleting your account information, contact us as described above. If you have provided consent for cookies that are not strictly necessary, direct marketing emails or other data processing based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.
Fountain cares about the security of your information, and takes measures to preserve the integrity and security of all information collected through the Services. However, no security system, means of electronic or physical storage, or method of transmission over the internet is absolutely secure and we cannot guarantee the security of our systems. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Fountain does not knowingly collect or solicit any information from anyone under the age of 13 (and in some jurisdictions, 16) or knowingly allow such persons to register as Fountain Users. In the event that we learn that we have collected personal information from a child under age 13 (and in some jurisdictions, 16), we will delete that information as quickly as possible. If you believe that we might have any information from a child, please contact us as described below.
Our Services may integrate with or contain links to other third-party sites and services. Our provision of such links does not signify our endorsement of such other websites, services, locations, or contents. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. We are not responsible for the practices employed by third-party websites or services embedded in, linked to, linked from, or connected with the Services and your interactions with any third-party website or service are subject to that third party’s own rules and policies. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Policy. We urge you to read the privacy and security policies of these third parties.
Fountain participates and has certified compliance and will comply with both EU-U.S. and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We ensure that the Privacy Shield Principles apply to all information about you that is subject to this Policy and is received from the European Union, the European Economic Area, and Switzerland.
Fountain has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit U.S. Department of Commerce's Privacy Shield List.
Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
Fountain may disclose data in response to lawful requests by public authorities, and to meet national security or law enforcement requirements.
In compliance with the EU-US and Swiss-US Privacy Shield Principles, Fountain commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Statement should first contact Fountain’s DPO or at: firstname.lastname@example.org or by mail Attn: DPO, Fountain, Inc., 275 Sacramento St, 3rd Floor, San Francisco, CA, 94111
You may seek independent dispute resolution from the appropriate body designated to address complaints and provide appropriate recourse free of charge to you. For individuals protected under the EU-U.S. Privacy Shield, contact the European data protection bodies listed here. For individuals protected under the Swiss-U.S. Privacy Shield, you may contact the Swiss Federal Data Protection and Information Commissioner, here. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).
Under certain conditions, if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration.
275 Sacramento St, 3rd Floor
San Francisco, CA 94111
For GDPR-related issues
Data Protection Officer
2 Ashton Place
At Fountain, we take security seriously. If you need to contact our security team, you can reach us at email@example.com.
Fountain forces HTTPS for all services using TLS (SSL). We also utilize HSTS to ensure that browsers only connect via secure HTTPS connections. Fountain uses AES-256 for encrypting documents at rest.
Fountain also regularly uses third-party security vendors to perform audits of our platform to ensure that we are using the best practices to keep all data secure.
Data security is a top priority for Fountain, and Fountain believes that working with skilled security researchers can identify weaknesses in any technology.
If you believe you've found a security vulnerability in Fountain’s service, please notify us; we will work with you to resolve the issue promptly.
While researching, we’d like you to refrain from:
Thank you for helping to keep Fountain and our users safe!
We may revise these guidelines from time to time. The most current version of the guidelines will be available at https://www.fountain.com/security.
We would like to thank these individuals for their contributions.
Fountain is always open to feedback, questions, and suggestions. If you would like to talk to us, please feel free to email us at firstname.lastname@example.org.
To support delivery of our Services, OnboardIQ, Inc. dba Fountain may engage and use data processors with access to certain Customer Data (each, a "Subprocessor"). This page provides important information about the identity, location and role of each Subprocessor. Terms used on this page but not defined have the meaning set forth in the Master Subscription Agreement or superseding written agreement between Customer and Fountain (the "Agreement").
As our business grows and evolves, the Subprocessors we engage may also change. We will endeavor to provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement, along with posting such updates here. Please check back frequently for updates.
Fountain may use the following Subprocessors to perform other Service functions: