Copyright

1. General.

1.1 This Agreement governs your use of this web site and its associated services (the "Web Service"), including interactive surveys and adminstrative areas, which are owned and operated by The Booth Company. and its subsidiaries, affiliates, divisions and related companies ("Clark Wilson Group").

1.2 The Booth Company reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by The Booth Company as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.

2. Use of Content.

2.1 You acknowledge that the Web Service contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of The Booth Company or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the content for commercial use must obtain prior express written permission of The Booth Company.

2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright.

2.3 You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of The Booth Company. "Free" content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and "free" content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of The Booth Company or the owners of such content or their authorized persons if other than The Booth Company.

3. Rules of Conduct.

You shall not post on the Web Service any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Web Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Web Service for any commercial purpose not expressly approved by The Booth Company, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.

4. Managing Content.

The Booth Company does not and cannot review the content posted by users on the Web Service and is not responsible for such content. However, The Booth Company reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. The Booth Company shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. No Endorsement.

5.1 The Booth Company does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of The Booth Company or its advertisers or sponsors.

5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that The Booth Company is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

6. Indemnity.

You agree to indemnify, defend and hold The Booth Company and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors, harmless from any and all claims, liability, losses, costs and expenses (including reasonable attorney fees), to the extent any such claims, losses, damages, costs and expenses are due to the acts or omissions of you or your officers, directors, agents and employees.

7. Termination of Service.

The Booth Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. The Booth Company may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

8.1 NEITHER THE BOOTH COMPANY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE BOOTH COMPANY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER THE BOOTH COMPANY, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER THE BOOTH COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

8.2. NEITHER THE BOOTH COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE BOOTH COMPANY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. MISCELLANEOUS.

This Agreement shall be construed in accordance with the laws of the State of Colorado, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Boulder County in the State of Colorado. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.

For our customers in the EU:

The personal information contained in the responses to this survey will be transmitted to and processed in the USA. Every reasonable precaution has been taken by The Booth Company to ensure that the data is accurate, secure and confidential. Only authorised personnel or agents of The Booth Company will have access to your data.

EU Safe Harbor Policy

Important Note!

On October 6, 2015, the European Court of Justice (“CJEU”) issued a judgment declaring as “invalid” the European Commission’s Decision 2000/520/EC of 26 July 2000 “on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the US Department of Commerce.”

We understand that the United States and the European Commission are currently working toward a negotiated solution to replace the Safe Harbor agreement. In the present rapidly changing environment, the Department of Commerce has stated that it will continue to administer the Safe Harbor program, including processing submissions for self-certification to the Safe Harbor Framework. Accordingly, BBB EU Safe Harbor will continue to offer dispute resolution services for privacy complaints from EU consumers, for new or renewing program participants who wish to acquire or maintain current self-certifications stating their ongoing adherence to the Safe Harbor privacy principles with respect to the personal data of EU citizens.

On October 16, the Article 29 Data Protection Working Party (“Article 29 WP”), an EU advisory body on data protection including representatives of the national data protection authorities (“DPAs”), issued a press release, stating its view that data transfers from the European Union to the Unites States under the Safe Harbor Decision after the CJEU judgment are unlawful; and noting that DPAs will take action, potentially including coordinated enforcement actions, if by the end of January 2016 no appropriate solution with the U.S. authorities is found. It also noted that in the meantime, individual DPAs may investigate in particular cases and exercise their powers to protect individuals, for instance, in case of a complaint.

If you have questions regarding how the CJEU judgement will affect your business, please contact the Department of Commerce, the appropriate European national data protection authority, or legal counsel. BBB EU Safe Harbor cannot provide legal guidance with respect to any business’s current or future data transfers from the EU to the United States.

The Booth Company ("the company," "we," "us," or "our") respects individual Privacy and values the confidence of our customers, employees, consumers, business partners, and others. The Booth Company complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework concerning the transfer of personal data from the European Union and Switzerland to the United States of America. Accordingly, we follow the Safe Harbor Privacy Principles published by the U.S. Department of Commerce ("Principles") with respect to all such data. This statement outlines our general policy and practices for implementing the Principles, including the types of information the company gathers, how we use it, and the choices affected individuals have regarding our use of, and their ability to correct, that information. This statement applies to all personal information we handle, including on-line (except as noted below), off-line, and manually processed data. For purposes of this statement, "personal information" means information that:

is transferred from the European Union or Switzerland to the United States;
is recorded in any form;
is about, or pertains to, a specific individual or can be linked to that individual.

Principles Protecting Individuals' Privacy
Notice and Choice
To the extent permitted by the Safe Harbor Frameworks, we reserve the right to process personal information in the course of our internal business operation without the knowledge of individuals involved. Where the company receives personal information from its subsidiaries, affiliates, or other entities in the EU or Swiss, the company will use and disclose such information in accordance with the purposes for which it was originally collected, or in accordance with the notices provided by such entities. The company will provide notice and provide individuals with an opportunity to "opt out" if such personal information is to be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected. For sensitive information, affirmative or explicit, the company will provide notice and individual choice will be given to "opt-in" if such sensitive information is to be disclosed to a third party or used for a purpose other than the purpose for which it was originally collected. We collect personal information from individuals only as permitted by the Principles or with the consent of the individual affected. Consent for personal information to be collected, used, and/or disclosed in certain ways may be required in order for an individual to obtain or use our services.

Disclosures and Transfers
We do not disclose an individual's personal information to third parties, except when one or more of the following conditions is true:

We have the individual's permission to make the disclosure;
The disclosure is required by law or mandatory professional standards;
The disclosure is reasonably related to the sale or other disposition of all or part of our business;
The information in question is publicly available;
The disclosure is reasonably necessary for the establishment of legal claims; or
The disclosure is to another The Booth Company entity or to persons or entities providing services on our or the individual's behalf (each a "transferee"), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:

is subject to law providing an adequate level of privacy protection;
has agreed in writing to provide an adequate level of privacy protection; or
subscribes to the Principles.

Permitted transfers of information, either to third parties or within The Booth Company, or between subsidiaries of The Booth Company, include the transfer of data from one jurisdiction to another, including transfers to and from the United States of America. Because privacy laws vary from one jurisdiction to another, personal information may be transferred to a jurisdiction where the laws provide less or different protection than the jurisdiction in which the information originated.

Data Security, Integrity and Access
We employ various physical, electronic, and managerial measures, designed to provide personal information with reasonable protection from accidental loss or destruction, improper use, alteration, or disclosure. However, we cannot guarantee the security of information on or transmitted via the Internet.

We process personal information only in ways compatible with the purpose for which it was collected or authorized by the individual. To the extent necessary for such purposes, we take reasonable steps to make sure that personal information is accurate, complete, current, and otherwise reliable with regard to its intended use.

If an individual becomes aware that information we maintain about that individual is inaccurate, or if an individual would like to update or review his or her information, the individual may contact us using the contact information below. The individual will need to provide sufficient identifying information. We may request additional identifying information as a security precaution. In addition, we may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Frameworks. In some circumstances, we may charge a reasonable fee, where warranted, for access to personal information.

Changes to this Privacy Policy
The Booth Company reserves the right to change this Privacy Policy from time to time and will post any revisions on this web site. When we do so we will also revise the "last updated" date at the end of this Privacy Policy.

Amendments
This policy may be amended from time to time, consistent with the requirements of the Safe Harbor Privacy Principles. If we amend this policy, a revised policy will be posted on our Web site.

How to Contact Us
In order to comply with the U.S.-EU and the U.S.-Swiss Safe Harbor Privacy Principles, The Booth Company commits to the resolution of complaints about your privacy and our collection or use of your personal information. We have committed to resolve any complaints by European Union or Swiss citizens relating to this policy.

If you have any questions regarding the policy, please contact:

Rachel Everidge
Office Manager
4900 Nautilus Ct. N, Suite 220
Boulder, Colorado 80301
PH1: 800-332-6684 x125
PH2: +1 303-865-3773 (Direct)
FAX: +1 303-581-9365

The Booth Company has further committed to refer unresolved privacy complaints under the U.S.-EU and U.S.-Swiss Safe Harbor Privacy Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by The Booth Company, please visit the BBB EUSAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Effective Date: June 1, 2009

To learn more about the Safe Harbor program, and to view The Booth Company’s certification, please visit http://www.export.gov/safeharbor/.

Privacy

Online Data Collection

The Booth Company, Inc. (d.b.a TruScore) will, at times, collect certain personal identifiable information (PII) as necessary, with the purpose of providing assessment related services. The PII data that we require is limited to name and corporate email address. As part of our Privacy Policy, and in an effort to adhere to US, EU and Swiss data privacy laws, TruScore shall comply with the following guidelines:

TruScore will use PII data ONLY for the intended purposes.
TruScore will notify you in the event of a breach or incident in which your PII data security is compromised.
You have the right to contact TruScore to request to review, or remove your PII data or to request the limitation of use and disclosure of your PII data. (see contact info below)
At times and only as necessary to support our assessment related services, authorized vendors may have visibility to PII Data. Other than authorized vendors, TruScore will NOT provide access, give away or sell PII data to any third parties.
TruScore does not, and will not share, give away or sell PII data to third parties and therefore TruScore does not provide an opt-out option. If our policy changes in the future, TruScore will provide individuals with the ability to opt-out of sharing their data.
TruScore may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, TruScore is potentially liable.
TruScore will take appropriate and reasonable steps to protect PII and survey data. (see below)

Confidentiality and Security Safeguards

TruScore takes technical, contractual, administrative and physical steps to protect against unauthorized access to, and disclosure of, personal identifiable information (PII). These steps can include firewalls, secure socket layer (SSL) encryption, physical security, password authentication, etc. To learn more, you may request a copy of our current Security Policy.

Cookies

The TruScore site makes use of a technology called session-only cookies. These cookies are deleted after the web survey session is over.

External Links

TruScore is not responsible for the privacy policies of web sites to which TruScore web site may link or for those of any downstream linkages.

Data Privacy Framework (European Union, United Kingdom and Switzerland)

The Booth Company, Inc. (dba “TruScore”) is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). TruScore complies with the EU-U.S. Data Privacy Framework program (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework program (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. TruScore has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. TruScore has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Complaints Regarding your Personal Information

In compliance with the EU-US Data Privacy Framework Principles, TruScore commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union, Swiss and United Kingdom individuals with DPF inquiries or complaints should first contact TruScore Support (support@truscore.com).

TruScore has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction