Updated December 21, 2020

This Privacy Policy tells you how Working Not Working (“WNW,” “us,” “we,” or “our”) collects and uses your personal information, including when you visit our website https://workingnotworking.com/ (“Website”). By using our Website and its services and its applications, software, scripts, and any related documentation (this information and Website collectively, the "Services"), you consent and agree to the terms of this Privacy Policy.

This Privacy Policy is governed by our Terms of Use, which is also available on our Website. By using our Website and the services therein, you consent to the terms of this Privacy Policy and our Terms of Use. We reserve the right to change this Privacy Policy at any time. Please check here periodically for the most recent information.

This Privacy Policy does not apply to any information that you may provide to third parties, for example, other websites that are linked to this Services. If you access our Website from a third party website (“Third-Party Website”), you may be required to also read and accept the terms of use and privacy policy of that Third-Party Website. We are not responsible for the privacy and security practices of those websites and you should contact such third parties directly to determine their respective privacy policies.

I. INFORMATION WE COLLECT ABOUT YOU

To operate our Website and provide you with access to certain services, we may collect the following types of information: (A) Information You Give Us and (B) Information We Automatically Collect, and (C) Information We May Receive from Third Parties. All of the information listed in (A)-(C) above, are detailed below, and hereinafter referred to as “Information.”

A. Information You Give Us

WNW collects certain information directly from you when you visit or otherwise interact with our Website or use our Services.

Creatives or Hirers: When you register with WNW as a Creative or as a Hirer, you may

provide certain personal Information to us, including, but not limited to:

  • Name;
  • E-mail address;
  • Telephone number;
  • Address;
  • IP address;
  • Country;
  • Mobile Devise ID;
  • Payment/billing information (to process your requested services); and
  • Account information (including log-in credentials ).

Additionally, when you establish your profile as a Creative or Hirer you may provide Information relating to the following: (i) your experience; (ii) educational background; (iii) tax identification number; (iv) your desired rate of compensation; (v) work availability; (vi) photos and/or samples of work projects; (vii) your geographic location or desired location(s); (viii) or any other information you may provide to us.

WNW Shop: You may provide your Information to us if you purchase products in our WNW Shop, including, without limitation:

  • Name;
  • E-mail address;
  • Telephone number;
  • Address;
  • IP address;
  • Country;
  • Mobile Device ID;
  • Payment/billing information (to process your requested services); and
  • Account information (including log-in credentials ).

B. Information We Automatically Collect

We, our affiliates, subsidiaries, Partners (for purposes of this Privacy Policy only, “Partner” shall mean any person or entity with whom we enter into any kind of business transaction who is under an obligation to us to use reasonable care to keep Information confidential), and Third-Party Service Providers may use a variety of technologies that automatically collect Information about you or your activities on our Website or Services.

Information that we may collect indirectly from your visit to our Website or Services include:

  • IP address;
  • Your geographic location;
  • Domain server;
  • Type of computer, web browsers, operating system, or platform you use or web browser;
  • Data identifying the web pages you visited prior to and after visiting our Website; and/or
  • Your movement and activity within the Website.

Cookies & Other Tracking Technologies Used to Collect Information About You:

Cookies – Cookies are small files (“cookies”) stored on your web browser upon visiting certain websites, including our Website or Services. Cookies help keep your settings, log-ins and other customizations when you return to the particular website. They also help with overall website functionality. The WNW Services uses three types of cookies: (1) session, (2) persistent cookies and (3) third-party cookies.

  • The session cookie is used to identify the type of user so that you may view the pages which correspond to your account type; Creative or Hirer. These disappear when you close your browser.
  • Persistent or permanent cookies are used for the same purpose; to identify the type of user Creative or Hirer to the Website. However, these remain active for one (1) year unless you clear your browser and delete all cookies.
  • Third-Party Service Providers with whom we contract may also use their own third-party cookies. The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy, except as required by law.

WNW does not use “tracking” cookies, which follow users’ online activity between unrelated websites. WNW does work with a variety of Third-Party Websites that may use tracking cookies and other technologies that may track your activity and collect information across websites.

  • Most web browsers automatically accept cookies, unless you have configured yours not to accept them. You can program your browser not to accept cookies, but if you do, you may not be able to use certain portions of the Website and the Website will not be able to customize certain functions according to your preferences.
  • For more information about third party cookies and related advertising and how to opt-out of these practices with companies participating in industry self-regulation, please visit About Ads at http://optout.aboutads.info/

Web Beacons - Small graphic images or web programming code called web beacons (also known as “pixel tags” or “clear GIFs”) may be included on the pages of the Website. Web beacons or other similar technologies may be used for a number of purposes, such as to count visitors to the Website, monitor how you navigate the Website or to count how many particular articles or links posted on the Website were actually viewed.

  • Our Website uses different technologies such as Google Retargeting Pixels and Facebook Retargeting Pixels. Please visit their websites for their privacy policies and consent and opt-out mechanisms, or visit sites that may help block ad tracking, such as About Ads at http://optout.aboutads.info/

Mobile Device Identifiers - Certain mobile service providers uniquely identify mobile devices and we, our Partners or our Third-Party Service Providers may receive such device information if you access the Website through a mobile device. Certain features on the Website may require collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Additionally, some mobile service providers operate systems that pinpoint the physical location of devices that use their services. Depending on the provider, we, our Partners or our Third-Party Service Providers may receive this Information.

  • You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.

Embedded Scripts - An embedded script is programming code designed to collect Information about your use of this Website, such as the links you click on. The code is temporarily downloaded to your computer from our web server or a third-party provider, is active only while you are connected to the Website and is deactivated or deleted once you leave the Website.

Analytics - We use two companies to help provide us with information about traffic to our Website.

  • Google Analytics - WNW uses Google Analytics for reports and visitor Website usage reports to track and monitor the use of our Website, which it shares with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
  • Intercom - WNW uses Intercom, Inc. for website customer support services. Intercom’s privacy statement is here: https://www.intercom.com/privacy

We may also use the following:

Managing Cookies - You can change your browser settings at any time so that it will not automatically accept cookies. You may also clear cookies from your browser at any time. Please see our Cookie Policy here for more information about Cookies.

  • Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other parties. We do not respond to DNT signals.

C. Information We May Receive from Third Parties

We may collect additional Information about you from Third-Party Websites, social media platforms, such as, but not limited, to Facebook, Twitter, Instagram, SnapChat ("Social Media Platforms"), and/or services providing publicly available information (e.g., from the U.S. Postal Service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

Information we may access about you, with your consent, may include, but is not limited to, your basic Social Media Platform information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Media Platform. Please keep in mind that when you provide Information to us on a Third-Party Website or platform (for example, via our applications), the Information you provide may be separately collected by the Third-Party Website or the Social Media Platform.

The Information we collect is covered by this Privacy Policy, and the Information the Third-Party Website or Social Media Platform collects is subject to the Third-Party Website or platform's privacy practices. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your Information.

II. HOW WE USE YOUR INFORMATION

A. Use and Purpose of Processing Your Information

We use and process your Information above for things that may include, but are not limited to, the following:

  • Process your profile to open an account;
  • To respond to your inquiries;
  • Provide customer services;
  • Communicate with you via email, text, Social Media Platforms, chat rooms, about information we believe you would be interested in and/or regarding our services, provided that you have not already opted-out of receiving such communications;
  • Improve our Website or Services and resolve any technical problems;
  • Provide targeted advertisements and videos and music to you;
  • Analyze the use of the Services and Information about visitors to understand and improve our service offerings and, in accordance with our sharing policies, discussed below, to produce anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;
  • Customize the content you see when you visit the Website, including to develop and provide advertising tailored to your interests;
  • Comply with our Terms of Use (which is available on our Website);
  • Comply with any applicable laws and regulations and respond to lawful requests; and/or
  • For any other purposes disclosed to you at the time we collect your Information or pursuant to your consent.

B. Lawful Basis For Processing Your Information

We handle your Information to help further what we believe are our legitimate interests in commercial activities that are not overridden by the interest or fundamental rights and freedoms of the individuals at issue. We also may need to use and disclose your Information to comply with our legal obligations. For example, we may provide your Information to government officials and agencies as required by law, and Partners as part of business operations. When required by law, and in some other cases, we process the Information after obtaining consent from the individual.

C. How Long We Keep Your Information

We generally keep Information for so long as it may be relevant to the purposes listed above, consistent with any applicable laws and agreements. To dispose of Information, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for an additional time.

D. Sharing Your Information

We may share Information, such as aggregate user statistics, with our Partners and non-affiliated third parties. We may provide data, including Information about you, with our affiliates, subsidiaries and Partners. We may also share your Information as disclosed at the time you provide your Information, as set forth in this Privacy Policy and in the following circumstances:

  • Third-Party Service Providers. We may share your Information with Third-Party Service Providers that perform certain functions or services on our behalf, including, without limitation: (i) responding to your inquires; (ii) shipping, sending postal mail and emails; (iii) analyzing, updating and correcting Information we receive on the Website; (iv) performing business analysis, data processing and/or quality control; (v) providing marketing assistance, search results and links (including, without limitation, paid listings and links); (vi) processing credit card and debit card payments for our services; (vii) hosting our databases (e.g., Amazon Web Services); (viii) providing you with Information you requested; and (ix) processing and fulfilling orders made through the WNW Shop. These Third-Party Service Providers are authorized to use your Information only as necessary to provide these services to us.

  • Disclosure of Customer Information for Legal and Administrative Reasons. We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (ii) to cooperate in investigations of fraud, intellectual property infringement or any other activity that is illegal or may expose us or you to legal liability; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the Website’s users; (v) to enforce or apply the Website’s Terms and Conditions of Use; and (iv) to verify the identity of the Website’s users.

  • Business Transfers. Your Information may be transferred, sold or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt or (iv) are liquidated or otherwise reorganize. You consent to any and all such Conveyances of your Information.

  • Online Postings, Promotions and Surveys. We allow users to share comments, postings, photos, testimonials, or other information as part of our Website and may also host surveys or run contests or promotions from time to time. If you choose to submit such information to us or participate in the content or promotion, the Information that you submit may be available generally to the public and will not be returned to you unless we receive such a request. Information that you provide in these areas may be read, collected, and used by others who access them.

Except as provided in this Privacy Policy, we will not sell, trade, or disclose your Information we have collected without your consent.

III. LINKS TO OTHER WEBSITES

While on the Website or Services or when viewing an e-mail or other content provided by us or the Website, you may encounter links to Third-Party Websites that are not owned or controlled by us, such as Facebook, Instagram, Twitter, LinkedIn, Google, Vimeo, YouTube, or Disqus. These Third-Party Websites may set their own cookies, collect data or have their own privacy policies and practices. We are not responsible for the privacy and security practices of such Third Party Websites and you should contact such third parties directly to determine their respective privacy policies. Links to any other Third Party Websites or content do not constitute or imply an endorsement or recommendation by us of the linked website or content. This Privacy Policy does not apply to any Information that you may provide to other websites linked to this.

IV. INFORMATION PROTECTION

We use industry-standard procedures and safeguards to help safeguard the confidentiality of your Information. However, you should assume that no data transmitted over the Internet can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private. We do not guarantee that your Information will not be misused or disclosed to third parties. We will not have any liability for misuse or disclosure of your Information.

If you believe that your username or password to your account profile has been stolen, you are required to notify us so that necessary measures can be taken immediately by contacting support@workingnotworking.com.

V. CONSENT TO TRANSFER

The Website is operated in the United States. If you are located outside of the United States, please be aware that Information we collect will be transferred to and processed in the United States. By using the Website, or providing us with any Information, you consent to this transfer, processing and storage of your Information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. Portions of our site may be supported by a network of computers or cloud-based servers in other jurisdictions. We do not represent that our Website or Services are adequate or available in any particular jurisdiction.

VI. ACCESS AND UPDATING YOUR INFORMATION

If you believe that any Information collected and maintained by us about you is not correct or has changed, please send an e-mail message to support@workingnotworking.com explaining the correction or change. We also may provide web pages or other mechanisms through which you can correct or update the Information we have collected and maintained.

In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted through the Website. We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

If you ask us to delete your Information, we will take best efforts to do so within a reasonable period of time from the date the request is received. Please note that we may need to retain some Information about you in order to satisfy our legal and security obligations. In addition, you should be aware that it is not always possible to completely remove or delete all of your Information from our databases without some residual data because of backups and other reasons.

We provide users with the ability to opt-out of receiving marketing and other communications from us, and to update, supplement, or delete Information we have about them.

To the extent certain European data protection laws apply and we hold any of your "personal data" as defined in such laws (which may include some or all of your Information as defined in this Privacy Policy), and we hold such personal data in our capacity as a data controller as defined under those laws, you may request that we:

  • Restrict the way that we process and disclose your Information
  • Transfer your Information to a third party
  • Revoke your consent for processing of your Information
  • Provide you with access to your Information
  • Remove your Information if no longer necessary for the purposes collected
  • Prevent the processing of your Information for direct-marketing purposes
  • Update your Information so it is correct and not out of date
  • Object to our processing of your Information
  • Withdraw the consent you have given us to use your Personal Data

To make these requests please send an email to support@workingnotworking.com or call 1-888-610-6602.

The requests above will be considered and responded to in the time period stated by applicable law. Note, certain Information may be exempt from such requests. We may require additional information from you to confirm your identity in responding to such requests. If you provide us with personal information, you understand that your information may be stored in the United States and other countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside, and acknowledge that the protection of such information may be different than required under the laws of their residence or location. You have the right to lodge a complaint with the authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly. Please contact us at support@workingnotworking.com or call 1-888-610-6602.

VII. CHILDREN’S INFORMATION

The Website and Services are only for users who are (a) eighteen (18) years and over or (b) allowed by law to enter into a binding contract and agree for us to process their Information (or provide parental consent by emailing such consent to support@workingnotworking.com). If we become aware that a user is under eighteen (18) or is not of legal age in their jurisdiction and does not have the ability to lawfully enter into a contract or agree for us to process their Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us at support@workingnotworking.com or call 1-888-610-6602 if you believe that we have mistakenly or unintentionally collected Information from a minor that does not comport with the terms of our Privacy Policy and Terms of Use.

VIII. CONSENT

By using the Website or Services you consent to the collection and use of your Information as set forth in this Privacy Policy, including, if applicable, the transfer of your data from your jurisdiction to the United States and use of your Information as set forth herein. If you withdraw consent, you agree that despite withdrawal we may continue to use your Information previously provided to us to the extent that we are legally or contractually obligated to do so and to the extent necessary to enforce any contractual obligations you may have to us. You also understand that in withdrawing consent, we may no longer be able to provide you with services previously available with consent.

IX. NOTICE TO CALIFORNIA RESIDENTS

Shine the Light. California Civil Code Section 1798.83, also known as the “Shine the Light” law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personally Identifiable Information to third parties for direct marketing purposes. The Shine the Light law further requires us to allow California residents to opt out of certain disclosures of Personally Identifiable Information to third parties for their direct marketing purposes. If you are a California resident and would like a copy of such notice, please submit a written request to at support@workingnotworking.com.

California Consumer Privacy Act Privacy Policy. This section only applies to customers who are residents of California under the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”). Defined terms as used herein shall have the same meaning as defined terms in the CCPA.

Personal Information We Collect. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). The CCPA sets forth certain categories of information under Cal. Civil Code §1798.140 (o)(1) and we have listed all of those categories below. For each category, we have provided information as to whether or not we have collected Personal Information under those categories within the last twelve (12) months:

Identifiers. We collect Personal Information of Users of our website, which fall within the category of Identifiers and which include Personal Information such as: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Personal information categories listed in Cal. Civ. Code § 1798.80(e) (the California Customer Records Statute). We collect personal information such as account profiles, bank account number, credit card number, debit card number, or any other financial information, as provided by you.

Commercial Information. This includes information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Included in this category is:

  1. Information we receive from you in your use of the website in order to use our Company’s Service.

  1. Information about Company’s Service including:
  • information about your use of Company’s Service (including account related information such as payment information, purchase history);
  • customer services information; and
  • customer relationship management and marketing information.

Biometric Information. We collect biometric information such as username in connection with a password as part of your account.

Internet or other electronic network activity information. We collect internet and other electronic network activity information such as browsing history, search history, interactions with our website, email applications, and advertisements.

Audio, electronic, visual, thermal, olfactory, or similar information. We do not collect sensory information such as audio, electronic, visual, thermal, olfactory or other similar Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Professional or employment related information. We do not collect professional or employment related information with regard to job applications, employment records, professional association memberships and other job-related Personal Information.

Inferences drawn from other Personal Information. We collect information that may be considered a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

Categories of Sources. We collect this personal information from the following categories of sources:

  • Consumers (information received directly from you);
  • Service providers;
  • Affiliates not under the Working Not Working brand

Why We Collect, Use, and Share California Information. We use and disclose the personal information we collect for our commercial and business purposes, as further described in this Privacy Policy. These commercial and business purposes include, without limitation:

  • Our commercial purposes, including marketing, advertising, and enabling commercial transactions.
  • Our business purposes as identified in the CCPA, which include:

California Residents’ Privacy Rights and Choices. If you are consumer as defined in the CCPA, i.e., a resident of California as defined in Section 17014 of Title 18 of the California Code of Regulations, you have certain rights in relation to your Personal Information under the CCPA. Under the CCPA, you have the following rights:

Right to Request Information Collected and Shared for a Business Purpose. If we collect Personal Information about you that is disclosed for a business purpose, you have the right to request that we disclose to you:

  • The categories of Personal Information that we have collected about you
  • The categories of sources from which the Personal Information about you is collected.
  • The business or commercial purpose for collecting or selling Personal Information.
  • The categories of Personal Information we disclosed about you for a business purpose.

Right Not to Be Discriminated Against. you have the right to not be discriminated against by a business because you exercised any of the consumer's rights under the CCPA.

Right to Request Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions, as outlined below (Verification and Record-Keeping).

Right to Request Access and Data Portability. Upon receipt of a verifiable request from you to access your Personal Information we shall promptly take steps to disclose and deliver, free of charge to you, the Personal Information in accordance with Cal. Civil Code §1798.100 (d). The Personal Information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit this information to another entity without hindrance. We may provide Personal Information to you, but we are not required to provide Personal Information to you more than twice in a 12-month period.

Verification and Record-keeping.

If you are a California resident, we will process your request to exercise your Rights in accordance with California Laws. When a request is made, we may first take steps to sufficiently verify your identity to protect your privacy and security. Once we confirm your identity and verify your consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise our right to free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided it.

A record concerning the requests may be maintained pursuant to our legal obligations. Further, we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive or manifestly unfounded.

X. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our practices and service offerings. If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes. Any revised Privacy Policy will only apply prospectively to Information collected or modified after the Effective Date of the revised policy. Your access to or use of the Website or Services following any changes to this Privacy Policy will constitute your acceptance of such changes.

XI. DISPUTE RESOLUTION

This Privacy Policy shall be governed by, and construed in accordance with, the laws of the State of New York without regard to principles of conflicts of laws.

Any dispute, claim or controversy among the parties arising out of or relating to this Policy, except for any provisions relating to a consumer’s rights under the CCPA shall be finally settled by arbitration in New York, New York in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect and such resolution shall be final and binding upon the parties.

THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF OR RELATING TO THIS POLICY. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND THAT THIS POLICY DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN NEW YORK, NEW YORK, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.

The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in New York, New York and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.

Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in New York, New York, or, if brought in a federal district court, United States District Court for the Southern District of New York and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.

XII. MODIFICATIONS

Working Not Working reserves the right to modify and change this Privacy Policy at any time for our business purposes and to comply with changes in applicable law. The new Privacy Policy will be posted here and have the date of the most recent change. Your access to or use of the website and/or Services following any changes to the Privacy Policy will constitute your acceptance of such changes. Please feel free to print out a copy of the Privacy Policy for your records.

XIII. QUESTIONS

If you have any questions about this Privacy Policy, or updates to the Information we have of you, please send us an email at support@workingnotworking.com or call 1-888-610-6602.

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