Privacy Policy

Folio Hiring LLC (“folio,” “we,” “us,” or “our”)
Last Updated: August 24, 2026
Effective Date: August 24, 2026

1. Introduction

This Privacy Policy describes how Folio Hiring LLC, a Florida limited liability company, collects, uses, discloses, retains, and protects personal information in connection with the folio website located at https://foliohiring.com and the folio mobile applications available on the Apple App Store and Google Play (collectively, the “Services”).

folio operates a “reverse job board.” Job seekers (“Talent”) create a profile (a “folio”) describing their experience, interests, and availability. Businesses and hiring organizations (“Employers”) browse those profiles and contact Talent directly.

This model requires that Talent profiles be visible to Employers using the Services, and you should read Section 6 carefully to understand what other users can see.

By accessing or using the Services, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with this Privacy Policy, you must not access or use the Services.

Contact:

  • Folio Hiring LLC
  • 1663 Heritage Oaks Court
  • Tarpon Springs, Florida 34689
  • United States
  • Email: hello@foliohiring.com

2. Scope

This Privacy Policy applies to personal information we collect:

  • Through the folio website and mobile applications;
  • In email, text, and other electronic messages between you and folio;
  • Through your interactions with Employers or Talent on the Services;
  • From third-party service providers who support the Services.

This Privacy Policy does not apply to information collected by:

  • Any third party, including through any application or content that may link to or be accessible from the Services;
  • Employers who contact you through the Services and who may separately collect information from you outside the Services.

Once you communicate with an Employer outside of folio, or provide information directly to an Employer, that Employer’s own privacy practices govern that information. We do not control and are not responsible for the Employer’s collection, use, retention, disclosure, or security of that information.

3. Age Requirements and Children’s Privacy

The Services are intended for individuals 18 years of age or older. We do not knowingly collect personal information from children under the age of 13, and we do not direct the Services to children.

If you are under 18, you may not create an account or use the Services.

If we become aware that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information as quickly as reasonably practicable.

If you believe we may have collected information from a child under 13, contact us at hello@foliohiring.com.

We collect date of birth during registration in part to enforce this age requirement.

4. Categories of Personal Information We Collect

We collect the following categories of information. Not every category applies to every user. What we collect depends on whether you use folio as Talent or as an Employer and on what you choose to provide.

4.1 Account and Identity Information

We may collect:

  • Email address;
  • Password, which is stored only as a salted cryptographic hash;
  • First name and last name;
  • Date of birth;
  • Telephone number, if you provide one;
  • Account type, such as Talent or Employer;
  • Email verification status;
  • Account creation and modification timestamps.

We do not store or have access to your plaintext password.

4.2 Talent Profile Information

If you use folio as Talent, you may provide, and we may collect and store:

  • A written description about yourself (“about”);
  • City and state of residence;
  • Job interests and desired roles;
  • Industry;
  • Employment type sought, including full-time, part-time, and related preferences;
  • Work experience and history;
  • Skills;
  • Languages spoken;
  • Professional licenses and certifications;
  • Any “other license” or credential you describe in free text;
  • Availability, including available days and shift preferences;
  • Desired start time;
  • Desired pay and pay type;
  • Personal or professional website links;
  • Your profile visibility setting;
  • Résumés and other documents you upload.

Important: Fields such as “about,” work experience, licenses, and résumé uploads may allow free-text entries or file uploads.

Any information you voluntarily place in these areas may be stored by us and, if your profile is visible, disclosed to Employers.

Please do not include Social Security numbers, financial account numbers, government identification numbers, health or medical information, immigration information, passwords, or other highly sensitive information in these fields.

We do not request or require such information.

4.3 Employer Information

If you use folio as an Employer, we may collect and store:

  • Company or organization name;
  • Company size;
  • City and state;
  • Company website;
  • The name and contact information of the individual administering the account;
  • Job postings you create;
  • Role titles;
  • Job descriptions;
  • Compensation information;
  • Related hiring or opportunity information.

4.4 Location Information

We may collect location information in two ways.

(a) Precise Location

If you enable a “near me” feature or grant location permission on your device, we may collect your device’s precise geographic coordinates, including latitude and longitude.

We may use this information to:

  • Show nearby opportunities;
  • Rank profiles or listings by proximity;
  • Provide location-based features;
  • Improve the relevance of the Services.

Precise coordinates may be stored in association with your account.

You may withdraw location permission at any time through your device’s operating-system settings.

  • On iOS: Settings → folio → Location
  • On Android: Settings → Apps → folio → Permissions

Withdrawing permission stops future collection through device-location permissions but does not automatically delete location information previously collected. See Section 11 regarding deletion.

(b) Approximate Location

We may derive or store approximate country, region, or city-level location based on information such as:

  • Your IP address;
  • Location you manually provide;
  • Device or technical information.

4.5 Communications and Transactional Content

We may collect and store:

  • Messages sent and received through the Services;
  • Message subject lines and message bodies;
  • Sender and recipient identities;
  • Company names associated with messages;
  • Offers extended to Talent by Employers;
  • Role titles associated with offers;
  • Compensation information;
  • Offer status;
  • Responses to offers;
  • Response text;
  • Dates and timestamps associated with communications and offers.

Message content is not end-to-end encrypted.

Authorized personnel may access message content where reasonably necessary to operate the Services, investigate reports or abuse, comply with applicable law, maintain security, or enforce our Terms of Service.

4.6 Device and Technical Information

We may collect:

  • Device push-notification tokens;
  • Device platform, such as iOS or Android;
  • Trusted-device records;
  • Cryptographic hashes associated with trusted devices;
  • Device labels;
  • Trusted-device expiration and last-used times;
  • IP address;
  • Browser type and version;
  • Operating system;
  • Device characteristics;
  • User-agent string;
  • Application version;
  • Dates and times of access;
  • Duration of access.

4.7 Usage and Activity Information

We may record activity events associated with your account, including:

  • Sign-ins;
  • Profile creation;
  • Profile updates;
  • Changes to profile visibility;
  • Searches performed;
  • Profiles viewed;
  • Messages sent;
  • Offers sent;
  • Offers answered;
  • Feature interactions.

We use this information to operate, secure, analyze, and improve the Services, understand how features are used, detect misuse, and inform product and business decisions.

4.8 Email Delivery Information

To operate our email systems and comply with applicable communication and anti-spam requirements, we may maintain:

  • Logs of transactional emails sent to you;
  • Email delivery status;
  • Unsubscribe tokens;
  • Suppression lists containing addresses that have unsubscribed, bounced, or reported messages as spam.

4.9 Security and Integrity Information

We may collect or maintain:

  • One-time verification codes and their expiration;
  • Reports submitted by users about other users or content;
  • Rate-limiting records;
  • Abuse-prevention records;
  • Security events;
  • Enforcement actions.

4.10 Information We Do Not Intentionally Collect

We do not intentionally request or collect through dedicated fields:

  • Payment card numbers;
  • Bank account numbers;
  • Other financial account information;
  • Social Security numbers;
  • Government-issued identification numbers;
  • Biometric identifiers such as facial geometry, fingerprints, or voiceprints;
  • Health, medical, or genetic information;
  • Detailed background-check or criminal-history information.

The Services are currently free to users and we do not currently process payments through the Services.

If information of this nature is voluntarily submitted in a free-text field, résumé, document, or message, we may remove or delete it where appropriate.

5. How We Collect Information

We collect information:

  • Directly from you, when you register, build or edit a profile, upload a résumé, send messages, respond to offers, or contact support;
  • Automatically, through your use of the Services, including through cookies and similar technologies;
  • From your device, with your permission, including precise location and push-notification tokens;
  • From service providers that assist us in operating the Services.

6. How Information Is Shared With Other Users — Read This Section Carefully

folio is a marketplace. A core function of the Services is to allow Talent to become discoverable by Employers.

6.1 Visible Talent Profiles

If your Talent profile is set to visible, Employer accounts using the Services may be able to view information including:

  • Your first and last name;
  • City and state;
  • “About” information;
  • Job interests;
  • Industry;
  • Employment preferences;
  • Work experience;
  • Skills;
  • Languages;
  • Licenses and certifications;
  • Availability;
  • Desired pay;
  • Pay type;
  • Website links;
  • Résumés or other documents you upload.

Your email address, telephone number, date of birth, and precise geographic coordinates are not displayed as part of your public Talent profile.

Employers may contact Talent through folio’s internal messaging system.

Approximate location, such as city and state, and relative proximity may be displayed or used for ranking.

6.2 Profile Visibility Controls

You may set your profile to not visible at any time in your settings.

When your profile is not visible, Employers browsing the Services will generally no longer be able to discover it through ordinary profile browsing.

However:

  • Employers who previously viewed, saved, contacted, downloaded, copied, or otherwise obtained information from your profile may retain information they already received;
  • We cannot retract information already viewed, copied, screenshotted, downloaded, exported, or stored outside folio;
  • Setting your profile to not visible does not delete your account or associated data;
  • Enabling certain discovery or nearby-employer features may change your visibility setting.

6.3 Employer Information Visible to Talent

Employer information visible to Talent may include:

  • Company name;
  • Company size;
  • City and state;
  • Website;
  • Job postings;
  • Messages;
  • Offers;
  • Related information provided by the Employer.

6.4 Search Engines and Republishing

Talent profiles are intended to be shown only to authenticated Employer accounts within the Services and are not intended to be indexed by public search engines.

However, we cannot guarantee that another user will not copy, screenshot, download, save, disclose, or republish information you choose to make visible.

You should only include information on your visible profile that you are comfortable sharing with potential Employers.

7. How We Use Personal Information

We may use personal information for the following purposes:

7.1 Providing the Services

To create and maintain accounts, build and display folios, enable Employers to search and browse Talent, deliver messages and offers, and provide proximity-based features.

7.2 Authentication and Security

To verify email addresses, send one-time codes, recognize trusted devices, maintain sessions, detect suspicious activity, and protect accounts.

7.3 Communications

To send:

  • Verification codes;
  • Password-reset messages;
  • Notifications;
  • Service announcements;
  • Messages concerning account or security activity.

Transactional and security-related communications may be necessary to operate an account.

7.4 Push Notifications

Where permitted, we may send push notifications regarding:

  • New messages;
  • Offers;
  • Account activity;
  • Other Service-related updates.

You may disable push notifications through your device settings.

7.5 Fraud, Spam, Abuse, and Safety

We may use information to prevent or investigate:

  • Fraud;
  • Spam;
  • Abuse;
  • Harassment;
  • Impersonation;
  • Unauthorized access;
  • Security threats;
  • Violations of our Terms.

7.6 Analytics and Improvement

We may use information to:

  • Understand usage patterns;
  • Diagnose technical problems;
  • Measure feature performance;
  • Improve existing features;
  • Develop new features;
  • Maintain the reliability of the Services.

7.7 Business Operations

We may use information for internal analytics concerning:

  • User growth;
  • Engagement;
  • Geographic distribution;
  • Marketplace activity;
  • Product performance;
  • Business development.

7.8 Legal Compliance

We may process information where reasonably necessary to:

  • Comply with applicable law;
  • Respond to lawful requests;
  • Enforce our Terms;
  • Establish, exercise, or defend legal claims;
  • Protect our rights or the rights of others.

7.9 Purpose Limitation

We collect, use, retain, and disclose personal information only for the specific purposes described in this Privacy Policy, for purposes that are reasonably necessary and proportionate to provide, maintain, secure, operate, analyze, and improve the Services, or as otherwise permitted or required by applicable law.

We will not materially change the purpose for which personal information was originally collected and use that information for a materially different or unrelated purpose without providing any notice or obtaining any consent required by applicable law.

Where reasonably practicable, we seek to limit the personal information we collect, use, and retain to information reasonably necessary for the purposes described in this Privacy Policy.

8. Disclosure of Personal Information

8.1 Other Users

We disclose information to other users as described in Section 6.

8.2 Service Providers

We use third-party service providers that may process personal information on our behalf.

These may include:

  • Application-hosting providers;
  • Database providers;
  • Authentication providers;
  • File-storage providers;
  • Backend infrastructure providers;
  • Content-delivery providers;
  • Network-security providers;
  • Email-delivery providers;
  • Push-notification providers;
  • Analytics providers;
  • App-distribution platforms.

These providers may process information such as:

  • Profile information;
  • Messages;
  • Offers;
  • Geographic coordinates;
  • Uploaded documents;
  • Activity records;
  • Email addresses;
  • IP addresses;
  • Device information;
  • Notification tokens;
  • Request metadata.

Push-notification providers may include Apple Push Notification service and, where applicable, Google/Firebase Cloud Messaging.

App-distribution platforms include Apple and Google and are also governed by their own privacy policies.

8.3 Legal Reasons

We may disclose information when we reasonably believe disclosure is necessary to:

  • Comply with applicable law, regulation, subpoena, court order, warrant, or other legal process;
  • Respond to a lawful request from a government authority or law-enforcement agency;
  • Enforce our Terms of Service or other agreements;
  • Detect, investigate, prevent, or address fraud, security incidents, abuse, or technical problems;
  • Protect the rights, property, safety, or security of folio, our users, or others;
  • Respond to an emergency involving a risk of death or serious physical injury where permitted by law.

8.4 Business Transfers

We may disclose or transfer personal information in connection with, or during negotiations concerning:

  • A merger;
  • Acquisition;
  • Financing;
  • Reorganization;
  • Sale of company assets;
  • Joint venture;
  • Assignment;
  • Bankruptcy;
  • Insolvency;
  • Similar corporate transaction.

Personal information, including profile information, messages, location information, uploaded documents, and activity records, may be included among transferred business assets.

Any successor or acquirer may receive such information and may use it subject to applicable law and the privacy commitments applicable to the transaction.

Where required by law, we will provide notice or obtain consent.

8.5 Your Direction or Consent

We may disclose information for another purpose disclosed to you at the time of collection or disclosure and to which you consent or direct us.

8.6 Aggregated and De-identified Information

We may create, use, retain, and disclose aggregated, anonymized, or de-identified information that cannot reasonably be used to identify an individual.

We may use this information for:

  • Research;
  • Benchmarking;
  • Analytics;
  • Marketing;
  • Business planning;
  • Publication of statistics concerning hiring or marketplace activity.

We intend to maintain such information in de-identified form and not attempt to reidentify it except where permitted by applicable law.

9. Sale and Sharing of Personal Information

We do not currently sell personal information.

We do not currently share personal information for cross-context behavioral advertising.

We do not currently link information collected through folio with third-party data for advertising purposes, and we do not intentionally disclose personal information to data brokers for their independent commercial use.

If these practices change, we will update this Privacy Policy and provide any notice, consent mechanism, or opt-out mechanism required by applicable law.

A transfer occurring as part of a merger, acquisition, financing, or other business transaction described in Section 8.4 is treated separately and may not constitute a “sale” under applicable privacy laws.

10. Retention

We retain personal information for as long as an account remains active and thereafter for as long as reasonably necessary for the purposes described in this Privacy Policy, including to:

  • Provide the Services;
  • Comply with legal obligations;
  • Resolve disputes;
  • Enforce agreements;
  • Maintain security;
  • Detect and prevent fraud and abuse.

Specific practices may include:

Account and Profile Information

Generally retained while your account remains active.

Messages and Offers

May be retained while accounts of the participants remain active so users can retain relevant conversation or transaction history.

Verification Codes

Generally short-lived and expire automatically.

Trusted Device Records

Retained until expiration, deletion, or revocation.

Email Suppression Records

May be retained for an extended or indefinite period where necessary to honor unsubscribe, bounce, and spam-suppression requirements.

Activity and Security Logs

Retained for a limited period as reasonably necessary for security, abuse prevention, troubleshooting, analytics, or legal compliance.

Backups

Deleted information may remain temporarily in encrypted or protected backups until those backups are overwritten or deleted through ordinary retention processes.

Aggregated and De-identified Information

May be retained indefinitely where it cannot reasonably identify an individual.

11. Your Rights and Choices

11.1 Deleting Your Account and Data

You may permanently delete your folio account and associated information.

In the App or Website

Go to: Settings → Delete Account, and follow the confirmation process, which may include typing DELETE.

By Email

If you cannot access your account, email hello@foliohiring.com from the email address associated with your account with the subject line: Delete My Account.

We may take reasonable steps to verify your identity before processing a deletion request.

Deletion generally removes information including:

  • Your profile;
  • Folio content;
  • Uploaded documents;
  • Saved items;
  • Location records associated with your account;
  • Device tokens;
  • Login credentials.

Deletion may be subject to the following limitations:

  • Messages or offers you sent to another user may remain within that user’s account;
  • Email-suppression records may be retained to continue honoring unsubscribe requests;
  • Information required for legal compliance, fraud prevention, dispute resolution, security, or enforcement may be retained where permitted by law;
  • Deleted information may temporarily remain in backups;
  • Aggregated or de-identified information may be retained;
  • Information previously viewed, copied, saved, downloaded, exported, screenshotted, or otherwise obtained by another user cannot necessarily be recalled or deleted by folio.

Deletion is permanent and may not be reversible.

11.2 Access, Correction, and Portability

You may access and correct much of your information through your account or profile settings.

You may also request a copy of personal information we hold about you in a portable format by contacting hello@foliohiring.com.

11.3 Profile Visibility

You may change your profile visibility through your settings.

Making your profile not visible generally removes it from Employer browsing, subject to the limitations described in Section 6.

11.4 Location Permissions

You may grant or revoke location permission at any time through your device settings.

Revoking permission prevents future collection through that device permission but does not automatically delete information previously collected.

11.5 Push Notifications

You may disable push notifications through your device settings.

11.6 Email Communications

You may unsubscribe from non-essential marketing or promotional emails using the unsubscribe mechanism provided in those messages.

Transactional, account, and security-related communications may continue while your account remains active where necessary to provide the Services.

11.7 Do Not Track

Some browsers transmit “Do Not Track” signals.

There is currently no universally accepted industry standard governing responses to these signals, and the Services do not currently respond differently to browser Do Not Track signals.

12. State-Specific Privacy Rights

12.1 Florida Residents

Florida residents may have privacy rights under applicable Florida law, depending on whether and to what extent such laws apply to folio.

These rights may include rights to:

  • Confirm whether personal data is being processed;
  • Access personal data;
  • Correct inaccuracies;
  • Delete certain personal data;
  • Obtain a portable copy;
  • Opt out of certain targeted advertising;
  • Opt out of certain sales of personal data;
  • Opt out of certain profiling activities.

We do not currently engage in targeted advertising, sell personal data, or engage in qualifying profiling as described in this Privacy Policy.

To submit a privacy request, contact hello@foliohiring.com.

Where applicable, you may appeal the denial of a privacy request by replying to our response and stating that you wish to appeal.

12.2 California Residents

California residents may have rights under the California Consumer Privacy Act and California Privacy Rights Act, where applicable, including rights to:

  • Know categories or specific pieces of personal information collected;
  • Access personal information;
  • Delete personal information, subject to legal exceptions;
  • Correct inaccurate personal information;
  • Opt out of sale or sharing where applicable;
  • Limit certain uses of sensitive personal information where applicable;
  • Non-discrimination for exercising applicable privacy rights.

We do not currently sell or share personal information for cross-context behavioral advertising as those terms are used in the CCPA.

Categories of personal information we may have collected during the preceding twelve months include, as applicable:

  • Identifiers;
  • Personal information categories described under California law;
  • Characteristics of protected classifications to the extent voluntarily provided;
  • Commercial information;
  • Internet or electronic-network activity;
  • Geolocation data;
  • Professional or employment-related information;
  • Inferences derived from other information.

To exercise applicable rights, contact hello@foliohiring.com.

We may verify a request using information associated with your account.

California residents may use an authorized agent where permitted by law, and we may request reasonable proof of authorization.

12.3 Other U.S. States

Residents of states with comprehensive privacy laws may have rights to:

  • Access;
  • Correct;
  • Delete;
  • Obtain copies of personal data;
  • Opt out of certain processing activities.

We endeavor to honor applicable privacy rights and may extend similar rights to users more broadly where reasonably feasible.

Contact hello@foliohiring.com to submit a request.

12.4 Users Outside the United States

The Services are directed primarily to users in the United States.

If you access the Services from another country, your information may be transferred to, stored in, and processed in the United States, where privacy laws may differ from those in your jurisdiction.

13. Cookies and Similar Technologies

We may use cookies and similar technologies to:

  • Keep users signed in;
  • Remember preferences;
  • Maintain security;
  • Operate functionality;
  • Understand how the Services are used.

Strictly Necessary Technologies

Certain cookies or technologies enable authentication, session management, fraud prevention, and security.

Blocking these technologies may prevent portions of the Services from functioning.

Analytics Technologies

We may use analytics cookies or similar technologies to understand usage and improve the Services.

Where required by applicable law, we may provide a cookie notice or consent mechanism allowing users to accept or decline certain non-essential technologies.

You may also manage cookies through your browser settings.

Our Cookie Policy is available at: https://foliohiring.com/cookies

14. Security

We implement administrative, technical, and physical safeguards designed to protect personal information.

Depending on the systems and services involved, these safeguards may include:

  • Encryption of data in transit using TLS/HTTPS;
  • Encryption of data at rest by infrastructure providers;
  • Storage of passwords using salted cryptographic hashing;
  • Database access controls and security policies;
  • Email-verification requirements;
  • Rate limiting;
  • Messaging-volume restrictions;
  • Fraud and abuse detection;
  • Restricted internal access to production information on a need-to-know basis.

However, no method of electronic transmission, storage, processing, or security is completely secure.

Although we take steps designed to protect personal information, we cannot guarantee absolute security or that unauthorized third parties will never defeat our safeguards.

To the extent permitted by applicable law, information submitted through the Services is provided at the user’s own risk.

If we become aware of a security breach affecting personal information, we will provide notifications to affected individuals or authorities when required by applicable law.

You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account.

If you believe your account has been compromised, contact us promptly at hello@foliohiring.com.

15. Third-Party Links and Services

The Services may contain links to third-party websites or services, including:

  • Employer websites;
  • Personal or professional websites;
  • Links contained in profiles;
  • Links contained in messages;
  • Other external content.

We do not control and are not responsible for the privacy, security, availability, accuracy, or content practices of third parties.

Your interactions with third-party services are governed by the terms and privacy practices of those third parties.

We encourage you to review their policies before providing personal information.

16. Employment Decisions, User Conduct, and Platform Role

16.1 Employment Decisions and No Guarantee

folio is a technology platform that helps connect Talent and Employers.

Unless expressly stated otherwise, folio:

  • Does not make hiring decisions;
  • Does not employ Talent on behalf of Employers;
  • Does not act as an Employer;
  • Does not act as a staffing or employment agency;
  • Does not guarantee employment;
  • Does not guarantee interviews;
  • Does not guarantee responses from users;
  • Does not verify every statement made by users;
  • Does not independently verify every job posting;
  • Does not conduct background checks on Employers or Talent unless expressly stated;
  • Does not guarantee the identity, legitimacy, conduct, qualifications, financial condition, or intentions of any user.

Any employment relationship, interview, offer, negotiation, hiring decision, payment arrangement, workplace dispute, or other relationship is solely between the applicable Talent and Employer.

folio makes no representation or warranty concerning any user, job posting, profile, offer, opportunity, employment relationship, compensation representation, or communication made through or in connection with the Services.

16.2 User Responsibility and Third-Party Conduct

Users are responsible for the information, representations, communications, content, job opportunities, offers, employment decisions, and conduct attributable to them.

folio does not control and, to the fullest extent permitted by applicable law, is not responsible for the acts, omissions, representations, communications, decisions, or conduct of Talent, Employers, or other third parties.

To the fullest extent permitted by applicable law, folio is not responsible for loss, damage, claims, disputes, employment decisions, missed opportunities, reliance, disclosure, misuse, copying, screenshotting, downloading, redistribution, or other consequences arising from information a user voluntarily makes available through the Services or directly to another user.

Users should independently evaluate other users, Employers, Talent, job opportunities, offers, and communications before acting in reliance upon them.

Nothing in this Privacy Policy excludes responsibility that cannot lawfully be excluded.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOLIO HIRING LLC AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, EMPLOYMENT OPPORTUNITIES, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

  • Your access to, use of, or inability to access or use the Services;
  • Any Talent, Employer, or other third party;
  • Any profile, résumé, document, job posting, offer, representation, message, communication, or other content;
  • Any hiring, rejection, interview, employment, termination, compensation, workplace, or business decision;
  • Unauthorized access to, alteration of, disclosure of, or loss of information;
  • A security incident;
  • An interruption, error, bug, defect, delay, outage, or failure of the Services;
  • Reliance upon information made available through the Services;
  • Conduct occurring outside of the Services after users connect through folio;
  • Any other matter arising out of or relating to the Services.

These limitations apply regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, statute, or another legal theory and even if folio has been advised of the possibility of such damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOLIO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU PAID DIRECTLY TO FOLIO DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS ($100).

Because the Services are currently offered without charge, the $100 alternative provides a defined liability cap where a user has paid no fees.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, these provisions apply only to the maximum extent permitted by law.

Nothing in this Privacy Policy excludes or limits liability that cannot legally be excluded or limited.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Folio Hiring LLC and its members, managers, officers, directors, employees, agents, affiliates, service providers, licensors, successors, and assigns from and against claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • Your access to or use of the Services;
  • Information you submit through the Services;
  • Profiles, résumés, documents, photographs, links, messages, job postings, offers, or other materials you submit, upload, publish, transmit, or otherwise make available;
  • Your interactions with another user;
  • Your communications or dealings with Talent or Employers;
  • Interviews, job offers, employment relationships, compensation arrangements, or other agreements involving you;
  • Your violation of this Privacy Policy or the Terms of Service;
  • Your violation of applicable law, rule, or regulation;
  • Your infringement, misappropriation, or violation of another person’s rights;
  • Privacy, publicity, intellectual-property, contractual, employment, or other rights;
  • Inaccurate, misleading, fraudulent, discriminatory, unlawful, or otherwise improper information or conduct attributable to you;
  • Claims made against folio resulting from your acts or omissions.

folio reserves the right, at your expense and where permitted by applicable law, to assume the exclusive defense and control of a matter otherwise subject to indemnification by you.

You agree to provide reasonable cooperation in the defense of such claims.

You may not settle a claim in a manner that imposes liability, obligations, admissions, or restrictions upon folio without folio’s prior written consent.

This indemnification provision applies only to the maximum extent permitted by applicable law.

19. Governing Law and Venue

This Privacy Policy, the Services, and disputes arising out of or relating to this Privacy Policy or the Services shall, to the fullest extent permitted by applicable law, be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

Subject to any mandatory venue or jurisdictional rights that cannot legally be waived, any judicial proceeding arising out of or relating to this Privacy Policy or the Services shall be brought exclusively in:

  • An appropriate state court located in Pinellas County, Florida; or
  • Where federal jurisdiction exists, the applicable United States federal court having jurisdiction over Pinellas County, Florida.

You and folio consent to the personal jurisdiction of such courts and waive, to the fullest extent permitted by law, objections based on improper venue or inconvenient forum.

Nothing in this section prevents folio from seeking temporary, preliminary, emergency, injunctive, or other equitable relief in any court of competent jurisdiction where reasonably necessary to protect folio, its Services, users, intellectual property, confidential information, security, or legal rights.

Nothing in this provision overrides rights that cannot legally be waived under applicable consumer-protection, privacy, employment, or other law.

20. Relationship to Terms of Service

Your access to and use of the Services is also governed by the folio Terms of Service.

The Terms of Service may contain additional provisions concerning:

  • Eligibility;
  • User responsibilities;
  • Acceptable use;
  • Disclaimers of warranties;
  • Limitations of liability;
  • Indemnification;
  • Intellectual property;
  • Dispute resolution;
  • Governing law;
  • Venue;
  • Suspension and termination;
  • Other legal rights and obligations.

To the extent permitted by applicable law, the protections contained in the Terms of Service apply in addition to the protections contained in this Privacy Policy.

If a provision of this Privacy Policy conflicts with the Terms of Service regarding the operation or use of the Services, the Terms of Service will govern except where applicable privacy law requires otherwise.

21. Changes to This Privacy Policy

We may update this Privacy Policy from time to time.

When we do, we will revise the Last Updated date at the top of this Policy.

If we make material changes, we may provide additional notice, including:

  • Email notification;
  • An in-app notice;
  • A website notice;
  • Another form of notice required by applicable law.

Where applicable law requires consent before a material change may apply to previously collected information, we will seek that consent.

Your continued use of the Services after a revised Privacy Policy becomes effective constitutes acknowledgment of the revised Policy to the extent permitted by law.

If you do not agree with a revised Privacy Policy, you should discontinue use of the Services and may delete your account as described in Section 11.

22. Contact Us

For questions, requests, complaints, or concerns regarding this Privacy Policy or folio’s handling of personal information, contact:

Folio Hiring LLC

Email: hello@foliohiring.com

We will respond to applicable privacy-rights requests within the timeframes required by law.

Where applicable, this will generally be within 45 days, subject to any extension permitted by applicable law.