Download as a PDF

MyBrandForce Privacy Policy and Notice

Effective date: 19-Jan-2024

MyBrandForce is revolutionizing retail execution by connecting innovative brands with the power of an unprecedented, on-demand workforce.  Our services platform allows brands of all sizes to perform scalable field services and acquire real-time observational data from retail locations across the country.  MyBrandForce Brand Agents use our digital platform execute retail assignments (“missions”) and capture real-time observational data (“mission content”). Privacy and data protection is central to what we do, and this Privacy Policy and Notice (“Policy” or “Notice”) describes how MyBrandForce collects, uses, discloses, and otherwise processes personal information described in “Scope,” as well as the rights and choices individuals have regarding such personal information. This Notice applies to the extent we process personal information on our own behalf, as a controller or business. For information about the privacy choices you have regarding your personal information, review 8. Your Privacy Choices, as well as 14. Additional Information for Residents in Certain Jurisdictions, which includes additional information about privacy rights for residents of specific jurisdictions such as Colorado, Connecticut, Utah, and Virginia. If you are a resident of California, please also refer to Section 14.3. for information about the categories of personal information we collect and your rights under California privacy laws. Your use of our Services (defined below), and any dispute over privacy, is subject to this Notice and our Terms of Use, including their applicable limitations on damages and the resolution of disputes.

1.    Scope

Except as otherwise noted below, this Notice applies to the personal information that MyBrandForce processes as a controller related to:

• our “Services,” which include our mobile applications, websites, and other online services (and any feature thereof) and other products and services we make available to customers and partners.
• individuals that apply to become a MyBrandForce brand agent.
• individuals who are hired and paid as a MyBrandForce brand agent.
• individuals that register for or participate in our webinars and other events.
• current, former, and prospective independent contractors, customers, vendors, and partners
• individuals who are subscribed to receive news, information, and marketing communications from us; and
• individuals that communicate with us or otherwise engage with us related to our Services.

In addition, except where expressly stated otherwise, this Policy does not apply to the extent we process personal information on behalf of our clients as a “processor” or “service provider” under applicable privacy laws (“Client Data”). Our processing of Client Data is subject to the terms of our contracts with each client, who is the “controller” or “business” under applicable privacy laws for the data that we process on their behalf. In such cases, MyBrandForce’s clients are responsible for ensuring that there is an appropriate legal basis for the processing of Client Data by MyBrandForce, and that appropriate notice has been provided, and any necessary consent has been obtained, for the processing of such data. Additional Notices. In some cases, additional or supplemental privacy notices (each an “additional notice”) may be provided and will apply to certain personal information collected and processed by us in connection with specific Services that we provide. The additional notice will control to the extent there is a conflict with this Policy, with respect to your personal information that is subject to that notice.

2. How we collect personal data

We may collect personal information directly from individuals, automatically, and from third parties when such data relates to the use of our Services or other interactions with us. Data provided by users. The personal information we may collect from you depends upon how you use our Services or otherwise interact or engage with us, but includes:

• Registration and profile information. When you register for an account in connection with our Services, or we provide you with account login credentials to access our Services, we may collect certain personal information from you, such as your name, phone number, date of birth, email address, and zip code as well as any personal information that you otherwise submit to us through your account.
• Background check information (brand agents): This includes information submitted during the brand agent application process, such as driver history or criminal record (where permitted by law), license status, known aliases, prior addresses, and right to work. This information may be collected by an authorized vendor on MyBrandForce’s behalf.
• When you register to receive payment through the Services, we collect payment or banking information to process your payments. This information may be collected by an authorized vendor on MyBrandForce’s behalf.
• Identity verification photos: This includes photos of users (such as, selfies) and/or their government issued identifications (such as, driver’s license or passports). Such photos may be used to verify a user’s identity, such as through facial verification technologies. Please see the section titled “How we use personal data” for more information regarding how user photos are used for safety and security purposes, including identity verification.
• Demographic data: We may collect demographic data about users, such as birth date/age, gender, or occupation, when required for certain MyBrandForce services or programs, such as Services involving alcohol. We may also collect demographic data – such as age group, education level, language skills, and household composition – through user surveys, and use this information to offer MyBrandForce products and services that are likely to be of interest to you.
• Communications and interactions. When you text, email, call, or otherwise communicate with us and with members of our team, we may collect and maintain a record of your contact details, communications, and our responses. We also maintain records of communications regarding information you provide to us related to any customer support requests.
• Survey responses. When you provide answers to the surveys we publish in connection with our Services, we may collect such survey responses, including but not limited to information regarding demographics, your food and drink consumption and preferences, your workplace, your education level and your opinion about products and services. Participation in our surveys is completely voluntary. You may choose not to answer any survey.
• Events and other requests. We may also collect personal information about your participation in our events and other requests you submit to us related to our Services. For example, if you register for or attend an event that we host or sponsor, we may collect information related to your registration for and participation in such event. When you contact us via text, social media, email, sign up for our mailing lists, or otherwise request information from us, we collect and maintain records of your requests, including through forms you may complete on our website.

Data created during use of our services. We automatically collect personal information related to your use of our Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Services. Such information includes:

• Location data (brand agents). We collect precise or approximate location information from brand agents’ mobile devices if they enable us to do so via their device settings. MyBrandForce collects such data any time the mobile app is running in the foreground (app open and on-screen) or background (app open but not on-screen). Brand agents may use the MyBrandForce apps without enabling collection of location data from their mobile devices. However, this may affect certain features in the MyBrandForce apps. For example, a brand agent who has not enabled location data will not be able to claim or complete a mission.
• Usage data: We collect data about how users interact with our services. This includes access dates and times, app features or pages viewed, browser type, and app crashes and other system activity.
• Device data: We collect data about the devices used to access our services, including the hardware models, device IP address or other unique device identifiers, operating systems and versions, software, preferred languages, advertising identifiers, device motion data, and mobile network data.

Data from other sources. We may collect personal information about you from third party sources, such as public databases, joint marketing partners, social media platforms or other third parties.

• Lead and prospect information from third parties about prospective independent contractors or customers that may be interested in our Services. We may also engage with third parties to enhance or update our customer information.
• Users participate in our referral programs. For example, when a user refers to another person, we receive the referred person’s data from that user.
• Users or others providing information in connection with claims or disputes.
• MyBrandForce business partners through which users create or access their MyBrandForce account, such as payment providers, social media services, secure document management services, or apps or websites that use MyBrandForce’s APIs or whose APIs MyBrandForce uses.
• Vendors who help us verify users’ identity, background information, and eligibility to work, or who screen users in connection with sanctions, anti-money laundering, or know-your-customer requirements.
• Publicly available sources
• Law enforcement officials, public health officials, and government authorities
• Marketing service providers or data resellers whose data MyBrandForce uses for marketing or research.

3. How we use personal data

MyBrandForce uses data to enable reliable and convenient mission execution and other products and services. We also use such data:

• to provide our services
• to enhance the safety and security of our users and services
• for customer support
• for research and development
• to enable communications between users
• for marketing and advertising
• to send non-marketing communications to users
• in connection with legal proceedings

We use the data we collect:

• To provide our services. MyBrandForce uses data to provide, personalize, maintain, and improve our services. This includes using data to:
  • create/update accounts.
  • enable mission data collection and other services/features.
  • match available brand agents to missions needing services. Users can be matched based on availability, location/proximity, user settings/preferences and other factors such as likelihood to accept a mission based on their past behavior or preferences.
  • offer features that facilitate the use of our services by those with disabilities.
  • enable dynamic pricing, in which mission prices or other fees are determined based on factors such as estimated time and distance, predicted route, estimated traffic, and the current number of users requesting or providing services.
  • process payments
  • personalize users’ accounts. For example, we may present brand agents with training and/or mission opportunities based on their training or mission completion history.
  • perform necessary operations to maintain our services, including troubleshooting software bugs and operational problems.

MyBrandForce performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with users, are compatible with such uses, or on the grounds that they are necessary for purposes of MyBrandForce’s and its users’ legitimate interests.

• Safety and security. We use data to help maintain the safety, security, and integrity of our services and users. This includes:
• verifying users' identity and eligibility to provide mission services, including through reviews of background checks, to help prevent use of our services by unsafe brand agents.

We may use facial recognition technology to process user profile photographs, identification photographs, or other user-submitted photographs to prevent identity-borrowing or use of our services by unauthorized brand agents. We may also use photos taken by users (“selfies”) to verify that users are wearing branded clothing or products as required for the mission using object verification technology. Brand agents may be required to provide their age and an image of their government issued identification to verify their eligibility to participate in alcohol-related or other age-restricted missions.

• using brand agent location information, and communications between brand agents, to identify mission fees earned or induced through fraud. For example, if we determine that a brand agent, individually or in cooperation with another brand agent, is delaying a mission completion to drive up the fee for the mission, we will take disciplinary measures against all parties involved.
• using device, location, user profile, usage, and other data to prevent, detect, and combat other types of fraud. This includes identifying fraudulent accounts or uses of our services, preventing use of our services by unauthorized brand agents, verifying user identities in connection with certain payment methods, and preventing and combating unauthorized access to users’ accounts. In some cases, such as when a user is determined to be abusing MyBrandForce’s referral program or has submitted fraudulent documents, such behavior may result in automatic deactivation, or in the European Union or where otherwise required by law, deactivation after human review. To object to such a deactivation, please contact MyBrandForce customer support.

MyBrandForce performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with users, and/or for purposes of the legitimate safety and security interests of MyBrandForce, our users and members of the public.

• Customer support. MyBrandForce uses the information we collect (which may include call recordings) to provide customer support, including to investigate and address user concerns and to monitor and improve our customer support responses and processes.

MyBrandForce performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with users or for purposes of MyBrandForce’s legitimate interest in monitoring and improving its customer support services.

• Research and development. We use data for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us make our services more convenient and easier-to-use, enhance the safety and security of our services, and develop new services and features.

MyBrandForce performs the above activities on the grounds that they are necessary for purposes of MyBrandForce’s legitimate interests in improving and developing new services and features.

• Enabling communications between users. For example, a brand agent may message or call an operations manager to confirm a mission location or details.

MyBrandForce performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with users.

• Marketing and Advertising. MyBrandForce may use data to market its services and those of MyBrandForce partners. This may include:
• Sending emails, text messages, push notification, and in-app messages or other communications marketing or advertising MyBrandForce products, services, features, offers, promotions, sweepstakes, news, and events.

This may include using location, mission history, device data and usage data to send marketing communications that are personalized based on users observed or inferred interests and characteristics. For example, we may send push notifications or in-app messages offering bonuses or promo for locations where brand agent has previously completed missions.  See the MyBrandForce Terms of Use for information on how to opt out of receiving communications from MyBrandForce.

• Displaying MyBrandForce advertising on third party apps or websites. This includes using location, mission history, device data and usage data, and sharing hashed email addresses and device or user identifiers with advertising partners (such as Facebook and TikTok), to personalize such ads to users’ interests.
• Measuring the effectiveness of MyBrandForce’s ads, and of third-party ads displayed in MyBrandForce’s apps or in connection with our services.

MyBrandForce performs the above activities on the grounds that they are necessary for purposes of MyBrandForce’s legitimate interests in informing users about MyBrandForce services and features or those offered by MyBrandForce partners. See the 8. Your Privacy Choices for information on your choices regarding how MyBrandForce may use your data for marketing and advertising.

• Non-marketing communications. MyBrandForce may use data to send surveys and other communications that are not for the purpose of marketing the services or products of MyBrandForce or its partners.

MyBrandForce performs the above activities on the grounds that they are necessary to fulfill the terms of our agreements with users, or for purposes of MyBrandForce’s and its users’ legitimate interests in informing users about events that may have an impact on their use of MyBrandForce services.

• Legal proceedings and requirements. We use data to investigate or address claims or disputes relating to use of MyBrandForce’s services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, or pursuant to legal process or governmental request, including from law enforcement.

MyBrandForce performs the above activities on the grounds that they are necessary for purposes of MyBrandForce’s legitimate interests in investigating and responding to claims and disputes relating to use of MyBrandForce’s services and features, and/or necessary for compliance with applicable legal requirements.

4. Data sharing and disclosure

We may disclose the personal information that we collect for the purposes described above, to provide our Services to you, to respond to and fulfil your requests, as otherwise directed, or consented to by you, and as follows:

• Vendors and service providers. We may disclose personal information we collect to our service providers, processors and others who perform functions on our behalf. These may include, for example, IT service providers, payment processors, analytics providers, consultants, auditors, and legal counsel.
• Our affiliates and subsidiaries. We may disclose personal information we collect to our affiliates or subsidiaries, who will use and disclose this personal information in accordance with the principles of this Policy, and the more specific policies.
• We may disclose deidentified, aggregated information regarding your use of our Services to help our business customers better understand consumer behavior. For example, we may combine and/or aggregate information or survey responses that you allow us to collect with the responses of others to produce deidentified reports. We may also create aggregated reports based upon deidentified modeled information. “Modeled information” is data based upon demographic and behavioral characteristics (e.g., gender, age, and purchasing habits) to predict what people with similar or matching characteristics would buy.
• Third party platforms, providers, and networks. We may disclose or make available personal information to third party platforms and providers that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests. We may also make certain information that includes personal information available to third parties in support of our marketing, analytics, advertising, and campaign management.
• Commercial Partners and Other Third Parties. (i) In connection with our business, we may disclose demographic information (e.g., gender, household size, and number of children) to commercial partners and other third parties in either single or aggregate summary form and may also provide other aggregate or deidentified information to such third parties (singular summary includes demographic information about a person without specifically identifying the person and aggregate summary includes demographic information about a group of persons without specifically identifying any person within the group); or (ii) we may also provide your personal information, with respect to some of our Services, to commercial partners and other third parties, such as retailers, brands, and partners we co-sponsor surveys with, for marketing research and analytics purposes (for example, to create models that estimate consumer preferences in the total population or to inform market segments).
• Data contributors with respect to digital products. In limited instances, specifically with respect to MyBrandForce’s digital products, MyBrandForce combines its own digital data with the data of its customers and other third parties. To ensure the combined data can be continuously updated by all parties contributing data, the data is associated with a unique ID that is made available to all data contributors. The data made available does not directly identify consumers (i.e., name, email, physical address, and other directly identifying information is not made available to data contributors).
• In support of business transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. We may also share certain personal information as necessary prior to the completion of such a transaction or corporate transactions such as financings or restructurings, to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for a transaction.
• Compliance and legal obligations. We may also disclose personal information to third parties to comply with our legal and compliance obligations and to respond to legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. This may include regulators, government entities, and law enforcement as required by law or legal process. In addition, it may include certain disclosures we must make under applicable laws, such as sweepstakes and contest winners' names.
• Security and protection of rights. We may disclose personal information where we believe doing so is necessary to protect the Services, our rights and property, or the rights, property, and safety of others. For example, we may disclose personal information to (i) prevent, detect, investigate, and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety or legal rights of any person or third party, or (iii) enforce, and detect, investigate and take action in response to violations of, our Terms of Use. We may also disclose information, including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.

5. Aggregate data and non-identifiable data

We may also receive, use, and disclose aggregate and other non-identifiable data related to our business and the Services for quality control, analytics, research, development, and other purposes. Some of this information may be considered “deidentified” under U.S. privacy laws (i.e., data that it is no longer linked or linkable to an identified or identifiable consumer). Where we rely on data that has been “deidentified” as defined by U.S. privacy laws, we will maintain and use such information in deidentified form and will not attempt to reidentify such information, except to determine whether our deidentification processes are reasonable and adequate or as otherwise set forth by these laws.

6. Cookies, targeting and analytics

MyBrandForce and its partners may use cookies, pixels, local storage objects, log files, APIs, and other mechanisms to automatically collect information browsing, activity, device, and similar information within our Services and to target advertising and content. We may use this information to, for example, analyze and understand how users’ access and use our Services, as well to identify and resolve bugs and errors in our Services and to assess secure, protect, optimize, and improve the performance of our Services. You have certain choices about our use of cookies and tracking within the Services, as described in this section. For more information on the types of personal information we collect via cookies and similar mechanisms, please see Section 2. How we collect personal data.

• Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within Service.
• Pixel tags. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
• Third-Party Analytics and Tools. We may allow others to provide audience measurement and analytics services to us, to serve advertisements on our behalf across the internet, and to track and report on the performance of those advertisements. These entities may use cookies, pixels, web beacons and similar tools to provide reports and metrics that help us to evaluate usage of our Services and improve performance and user experiences.
• Browser settings. If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Services who disable cookies will be able to browse the website, but some features may not function.

7. International transfers of data

MyBrandForce is headquartered in the United States, and has operations, entities, and service providers in the United States and throughout the world. As such, MyBrandForce may collect your personal information from the United States, and we may transfer your personal information to and process your personal information from the United States and other jurisdictions where we and our affiliates and service providers have operations. Some of these jurisdictions (including the United States) may not provide equivalent levels of data protection as compared to your home jurisdiction. Where applicable, transfers to service providers or other third parties will be made pursuant to the recipient’s compliance with the European Commission’s Standard Contractual Clauses and/or the UK’s International Data Transfer Addendum/ Agreement; pursuant to the consent of the individual to whom the personal information pertains; as necessary to perform a contract with that individual or in the individual’s interest, or to carry out pre-contractual steps; or as otherwise permitted by applicable law.

8. Your privacy choices

We make available several ways that you can manage your privacy choices and submit privacy requests related to your personal data. These include:

• Account information. You can review and update some of the personal information that we maintain about you by logging into your account, where applicable, and updating your account information.
• Push notifications. In connection with some of our Services, we may send push notifications from time-to-time to communicate with you regarding your account and missions. If you no longer wish to receive these types of communications, you may turn them off at the device level.
• Targeted advertising/cookie preferences. As described in 6. Cookies, Targeting and Analytics there are several ways that you can manage your preferences for targeting cookies and advertising by us and on our website. You can review or change your preferences for many cookies and tags on our website, other than those that are necessary to operation and functionality, by adjusting your cookie settings in your browser. These preferences are browser and device specific. So, you will need to set your preferences for each browser and device you use, and if you subsequently delete or block cookies you may need to reapply these settings.
• Marketing communications. You can opt out of receiving marketing emails from us by using the unsubscribe link in the footer of each marketing email we send to you.
• Text messages. We may use the phone number associated with a specific Service to contact you with information related to your use of that Service. Such text messages are for transactional purposes only, and never for marketing of any kind. You may opt out of text messaging at any time by texting STOP to the number provided in the text or by contacting us through the information in 13. Contact Us. Residents of certain jurisdictions, including California and other U.S. states, the European Union, and the United Kingdom, have additional rights as set forth below in 14. Additional Information for Residents in Certain Jurisdictions

For more information about our privacy practices and your privacy choices, you may contact us as set forth in the ‘Contact Us’ section below.

9. Data retention and deletion

MyBrandForce retains user data for as long as necessary for the purposes described above, including providing its services and complying with legal obligations. The period for which we retain user data is determined by the type of data, the category of user to whom the data relates, and the purposes for which we collected the data. The length for which MyBrandForce retains user data may further be determined by legal and regulatory requirements, purposes of safety, security, and fraud prevention, or by issues relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. For example, we retain data:

• for the life of users’ accounts if such data is necessary to provide our services. E.g., user profile information and credentials.
• for 7 years if necessary to comply with tax requirements. E.g., brand agents’ payment or mission location information.
• for defined periods as necessary for purposes of safety or fraud prevention. E.g., we retain incomplete brand agent applications for 1 year, and rejected brand agent applications for 7 years.
• after requests for account deletion if necessary for purposes of safety, security, fraud prevention or compliance with legal requirements, or because of issues relating to the user’s account (such as an outstanding credit or an unresolved claim or dispute).

Users may request deletion of their accounts at any time. MyBrandForce may retain user data after a deletion request due to legal or regulatory requirements or for reasons stated in this policy. Users may request deletion of their account at any time through the Profile menu in the MyBrandForce app. Following an account deletion request, MyBrandForce deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, financial reporting, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. Because we are subject to legal and regulatory requirements relating to brand agents, this means that we retain their account and data for the applicable statutory retention period after a deletion request.

10. Children

Protecting the privacy of young children is especially important. Our Services are not available to children under the age of 18 and we do not knowingly collect personal information from children under the age of 18. If we learn that personal information has been collected on the Services from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Services, then you may alert us using the information provided in Section 13. Contact Us, and request that we delete that child’s personal information from our systems.

11. Security

We have implemented safeguards intended to protect the personal information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

12. Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please check back periodically. We will post any updates to the Policy on our web site.  If we make material changes to how we collect, use, and disclose the personal data we have previously collected about you, we will endeavor to provide you prior notice, such as by emailing you or posting prominent notice through on our website or within the Services.

13. Contact us

If you have questions about this Notice or our privacy practices, you may contact us by email at info@MyBrandForce.com.

14. Additional information for residents in certain jurisdictions

This section includes additional information as required under privacy laws of certain jurisdictions.

1. EEA and UK

Residents of the EEA and UK have the following rights regarding your personal information that we hold, subject to any conditions or limitations set out in applicable law:

• You have the right to obtain information about our processing of your personal information and obtain access to and a copy of your personal information.
• You may have the right to update, complete, or correct inaccuracies in your personal information.
• You may have the right to have your personal information deleted.
• You may have the right to obtain a machine-readable copy of your personal information or to have us transfer it to another controller of your choice.
• You have the right to restrict the processing of your personal information, meaning that we will not further process your personal information except to store it.
• Withdrawal of consent. You have the right to withdraw your consent to our processing of your personal information, without affecting the lawfulness of processing up until withdrawal.
• You also have the right to object to the processing of your personal information for direct marketing (including profiling) purposes.

Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data. Please contact us using the information set out above, in Section 13. “Contact Us,” if you wish to exercise any of your rights or if you have any inquiries or complaints regarding the processing of your personal information by us. If you are not happy with how your rights are handled, you can submit a complaint with the relevant data protection authority of your habitual residence, your place of work or the place of the alleged infringement/violation of your rights. This link will redirect you to the European Data Protection Board Website with an up-to-date list of all European Union Data Protection Authorities: https://edpb.europa.eu/about-edpb/board/members_en. The UK authority, the ICO, can be reached here: https://ico.org.uk/. Controller of your Information. The controller of your information is the MyBrandForce entity you or your employer has entered a contract with, or you have subscribed to or contacted.

2. United States

If you are a resident of California, please review our California Privacy Supplement for a description of your rights pursuant to California privacy laws. Residents of other certain other US states, including Colorado, Connecticut, Utah, and Virginia, have additional rights under applicable privacy laws, subject to certain limitations, which may include:

• The right to correct inaccuracies in their personal information, considering the nature and purposes of the processing of the personal information.
• To delete their personal information provided to or obtained by us.
• Access: to confirm whether we are processing their personal information and to obtain a copy of their personal information in a portable and, to the extent technically feasible, readily usable format.
• Opt-Out: to opt out of certain types of processing, including:
  • to opt out of the “sale” of their personal information.
  • to opt out of targeted advertising by us.
  • to opt out of any processing of personal information for the purposes of making decisions that produce legal or similarly significant effects.

You may submit a request to exercise most of your privacy rights under U.S. state privacy laws by contacting info@MyBrandForce.com. To opt out of targeted advertising by us, you can adjust your cookies settings on your device. (See Section 8. Your Privacy Choices for additional information about the privacy choices we provide and how to exercise them.) We will respond to your request as required under the applicable privacy law(s). If we deny your request, you may appeal our decision by following the directions provided to you during the request process.

3. California Privacy Supplement

This California Privacy Supplement provides California residents with additional information regarding our collection, use and disclosure of their personal information, as well as their privacy rights, under California privacy laws, including the California Consumer Privacy Act (“CCPA”). This California Privacy Supplement does not address or apply to our handling of publicly available information or other personal information exempt under the CCPA. Categories of Personal Information Collected and Disclosed. MyBrandForce collects the personal information described in MyBrandForce’s Privacy Notice (this document). For California users with the following disclosure requirements, such information includes these categories of personal information defined in the California Consumer Privacy Act (CCPA):

• Personal identifiers, such as your name, address, email address, phone number, date of birth, government identification number (such as social security number), driver’s license information, vehicle information, and car insurance information
• Financial information, such as bank routing numbers, tax information, and any other payment information you provide.
• Commercial information, such as your trips and mission history
• Geolocation data, including precise geolocation data.
• Biometric information, such as photos used for brand agent identity verification.
• Characteristics of protected classes, such as age and gender
• Internet or network activity information, such as your IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers
• Audio, electronic, visual, or similar information, such as audio and video recordings submitted for customer support and safety purposes; and
• Inferences drawn from the personal information listed above, such as user interests and preferences.

  Sales and Sharing of Personal Information. California privacy laws define a “sale” as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration, and “sharing” broadly includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. Pursuant to the CCPA, we may sell/share personal information as described below:

• With third-party analytics companies and marketing and advertising partners: identifiers, commercial information, internet and electronic network activity information, profiles, and inferences. We do this to provide and improve our Services, improve, and evaluate our marketing and advertising campaigns, and better reach individuals with relevant ads and content.
• With our commercial partners, business customers, and data partners that utilize our media products: identifiers,
• With our commercial partners, business customers, and data partners that utilize our media products: identifiers, customer records, commercial information, professional information, education information, profiles, and inferences, including certain information considered sensitive personal information under the CCPA. We do this so that these partners may better understand consumer behavior, analyze, and improve marketing and advertising campaigns, and reach consumers with more relevant ads and content.

We do not sell or share personal information (including sensitive personal information) about individuals who we know are under sixteen (16) years old. Sources of Personal Information. In general, we may collect personal information from the following categories of sources:

• Directly from the individual Advertising networks
• Data analytics providers
• Social networks
• Internet service providers
• Operating systems and platforms
• Data brokers
• Public databases
• Joint marketing partners
• Business customers
• Affiliates and subsidiaries

Purposes of Collection, Use, and Disclosure. As described in more detail in How we use personal data and Section 4. Data sharing and disclosure or our Privacy Policy, we may collect, use, disclose and otherwise process the above personal information for the following business or commercial purposes and as otherwise directed or consented to by you:

• Services and support
• Analytics and improvement
• Customization and personalization
• Marketing and advertising
• Planning and managing events.
• Research and surveys
• Combining personal information
• Security and protection of rights
• Compliance and legal process
• General business and operational support

Retention. We retain the personal information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection and as otherwise necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements. In some cases, we may aggregate or deidentify information, such that it is no longer linked or linkable to you, and we may maintain such non-identifiable information indefinitely. CCPA Rights. Under the CCPA, California residents have the following rights (subject to certain limitations):

• Opt out of sales and sharing. The right to opt-out of our sale and sharing of their personal information.
• Limit uses and disclosure of sensitive personal information. The right to limit our use or disclosure of sensitive personal information to those authorized by the CCPA.
• The right to the deletion of their personal information that we have collected, subject to certain exceptions.
• To know/access. The right to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them.
• The right to correct inaccurate personal information that we maintain about them.
• Non-discrimination. The right not to be subject to discriminatory treatment for exercising their rights under the CCPA.

Submitting CCPA Requests. California residents may exercise their CCPA privacy rights as set forth in this section.

• Request to know/access, correct, delete and limit. California residents may submit verifiable requests to access/know, correct, and delete their personal information maintained by us, as well as requests to limit the use and disclosure of their sensitive personal information online by submitting a request to info@MyBrandForce.com. You may also submit a request by calling us.

If you submit a request to access/know, correct, or delete your personal information, we will take steps to verify your request by matching the information provided by you with the information we have in our records. Please complete all required fields on our webform (or otherwise provide us with this information via the above toll-free number). We will process your request based upon the personal information in our records that is linked or reasonably linked to the information provided in your request. In some cases, we may request more information to verify your request or where necessary to process it.

• Requests to opt out. California residents may exercise their right to opt out online by submitting an opt out request to privacy@MyBrandForce.com or by calling us. We will apply your opt out based upon the personal information in our records that is linked or linkable to the information provided in your request. In addition, our website responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that browser and device out of sharing (i.e., via cookies and tracking tools) on our website. Note that if you come back to our website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at: https://globalprivacycontrol.org/
• Authorized agents. Authorized agents may initiate a request on behalf of another individual by contacting us at privacy@MyBrandForce.com; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
• Financial incentives and non-discrimination. With respect to some of our Services, we may make available certain programs or offerings that are considered “financial incentives” under the CCPA. We do not offer financial incentives that are discriminatory. You can find a description of these programs and our applicable notice(s) as required by the CCPA in the privacy policies associated with these Services. We will obtain your consent before including you in a financial incentive and you may opt out of such participation at any time.

Rights Under California Shine the Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at privacy@MyBrandForce.com, and include in your request a current California address and your attestation that you are a California resident.  

Download as a PDF

MyBrandForce Terms of Use

Effective date: 19-Jan-2024

These Terms of Use (“Terms of Use”) constitute a legally binding agreement between you and MyBrandForce, Inc. and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “MyBrandForce”) governing your use of the MyBrandForce personalized, multipurpose, digital content and platform (“MyBrandForce Platform”) and any related content or services, including mobile and/or web-based applications (“Applications” or the “MyBrandForce App,”) and together with MyBrandForce digital services platform (“Services”). These Terms of Use apply if you are contracting with MyBrandForce for service delivery (“Customer”), or if you are an independent contractor (“Brand Agent”) delivering retail services (“Missions”) on behalf of MyBrandForce. IMPORTANT: Please be advised that these Terms of Use contain provisions that govern how you can bring claims between you and MyBrandForce, including the arbitration agreement in Section 2 below. These Terms of Use outline how such claims are resolved, including, without limitation, any claims that arose or were asserted before the effective date of these Terms of Use. Please review the arbitration agreement in Section 5 carefully, as it requires you to resolve all disputes with MyBrandForce on an individual basis and, with limited exceptions, through final and binding arbitration, you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. By agreeing to these Terms of Use, you expressly acknowledge that you have read and understood all these Terms of Use and have taken time to consider the consequences of this important decision.

1. Contractual Relationship; Termination; and Modification

In addition to these Terms of Use, your access to and use of the Services is also governed by the applicable terms found on our website. These include, without limitation, the Privacy Notice, which describes how we collect, use, and disclose your personal information; the Brand Agent Code of Conduct, which describes the policies and expectations for independent contractors who deliver Mission services as a MyBrandForce brand agent; and other applicable MyBrandForce standards and policies, which we refer to collectively as the “Supplemental Terms.” Collectively, we refer to these Terms of Use and the Supplemental Terms as the “Terms.” These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the “Territory”). If you use the Services in another country, you agree to be subject to MyBrandForce’s Terms of Use for that country. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MYBRANDFORCE. In these Terms, the words “including” and "include” mean “including, but not limited to.” By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly govern the use of the Services in the Territory.

Termination

MyBrandForce, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Modification

MyBrandForce reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting an updated version of these Terms through the Services or MyBrandForce’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

2. The Services

As a Brand Agent, the Services allow you to find, accept, perform, execute and be compensated for retail assignments (“Missions”) as an independent contractor.  You must install MyBrandForce’s mobile app and technology platform on your personal mobile device to capture and transmit real-time observational data related to your specific Missions.   The Services also enable you to complete supporting services such as on-demand training and payment processing. To become a Brand Agent, you must submit certain personal information to MyBrandForce such as your name, address, email address, mobile phone number.  You must also agree to a criminal background check.  After you have completed your first Mission as a Brand Agent, you must provide a valid payment method that you are authorized to use and is supported by MyBrandForce to receive payment for your services. For more information regarding MyBrandForce’s use of your personal information, please see our Privacy Notice. As a Customer, the Services allow you to request and receive scalable field services and acquire real-time observational data from across the country.  Customers can monitor field services activity, escalate live issues, and leverage analytical and productivity tools for up-to-the-minute insights.

No Agency, Employment or Contractor Relationship

As a Brand Agent, you acknowledge and agree that you and MyBrandForce are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties.  You understand and agree that you are not an employee, agent or affiliate of MyBrandForce and that you are a user of the MyBrandForce Services, subject to these Terms. MyBrandForce’s responsibility to you is limited solely to processing Mission Fee payments earned by you as described in these Terms. MyBrandForce may discontinue or alter the Services at any time in its own discretion, and it may block your access to the Services if it believes you have repeatedly failed to follow the instructions for the Services or if it believes you have used the Services inappropriately in any way. If you submit Missions deemed by MyBrandForce to be incomplete, insufficient, fraudulent or otherwise inappropriate, MyBrandForce may prohibit you from using the MyBrandForce App or may limit the number and/or types of Missions you are presented by the MyBrandForce App. You agree that any expenses incurred by you in submitting Missions, such as data or internet charges imposed by your data or internet providers or traveling to make Missions, shall be your sole responsibility.

Ownership; License; and Restrictions

MyBrandForce, Inc or a subsidiary or affiliate (“MyBrandForce”) is providing you access to its software, software as a service, or services (collectively, the “services”) subject to the terms of an executed Master Services Agreement or License Agreement between you or your company (the “Agreement”). The Agreement governs the use of the Services. By downloading, installing, or using the services, you acknowledge and agree that you are familiar with, understand, and agree to be bound by the terms of the Agreement. The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain MyBrandForce’s property or the property of MyBrandForce’s licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by MyBrandForce, except for the limited license granted above. Subject to your compliance with these Terms, MyBrandForce grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

• access and use the MyBrandForce App solely in connection with your use of the Services on your personal device; and
• access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.

Any rights not expressly granted herein are reserved by MyBrandForce and MyBrandForce’s licensors. You agree that you will not use MyBrandForce’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express, written perMission from MyBrandForce. This prohibition includes use in domain names, websites, and social media accounts. You may not:

• remove any copyright, trademark, or other proprietary notices from any portion of the Services
• reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MyBrandForce
• decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law
• link to, mirror or frame any portion of the Services
• cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services
• attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third-Party Services and Content

While many Third-Party Services are available in the MyBrandForce App, certain Third-Party Services or content are only accessible by exiting the MyBrandForce App (“Out-of-App Experiences”). Examples may include third-party services for video interviews, background checking services, or payment processing.  Once you click on a link to access Out-of-App Experiences, you will be subject to the terms and conditions and privacy policy of that website, destination, or Out-of-App Experience provider, which are different from MyBrandForce’s. MyBrandForce will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or Out-of- App Experience provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by MyBrandForce. MyBrandForce does not endorse such Out-of-App Experience providers and in no event shall MyBrandForce be responsible or liable for any products or services of such third-party providers.

App Stores

The availability of the Services may be dependent on the third-party from which you received the license to the MyBrandForce App, e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and MyBrandForce and not with the App Store and MyBrandForce is responsible for the provision of Services as described in these Terms. However, if you downloaded the MyBrandForce App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

3. Accessing the Services

User Accounts

To use our Services as a Brand Agent, you must maintain an active personal user Services account (“Account”). You cannot maintain an Account if you have previously been banned from accessing or using the Services. Whether you are a MyBrandForce Customer or a MyBrandForce Brand Agent, your personal user Services credentials will be provided to you by MyBrandForce.   You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid name, address, phone number, and email address. Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Unless otherwise permitted by MyBrandForce in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account credentials.

Minors

The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account and you may not allow anyone under the age of 18 to use the Services.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. MyBrandForce does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. MyBrandForce is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

Missions and Mission Fees

As a Brand Agent, you are acting as an independent contractor delivering retail services (“Missions”) on behalf of MyBrandForce. A “Mission” usually involves traveling to a specified location, taking pictures or scanning designated item(s) on a retailer’s shelves, and answering certain questions about stocking levels, product placement, pricing, competitor’s pricing, promotion and other items identified in the Mission. If you accept a Mission but fail to complete it within the time specified in the Mission details (typically 36 hours), the Mission will be removed from your Mission queue and become available for another Brand Agent to claim.  When you submit a Mission for acceptance, MyBrandForce validates (i) that you were in fact at the required location for the Mission and (ii) you properly completed the tasks required for the Mission. If you submit an incomplete or otherwise insufficient or improper Mission response, MyBrandForce may send the Mission back to you for rework. Once the original or reworked subMission is accepted, you will be paid for the Mission.  MyBrandForce also reserves the right to reject any Mission subMission that does not meet the validation requirements or contains fraudulent data.  You will not be paid for the rejected Mission; MyBrandForce will make it available for other Brand Agents to claim. After your Mission subMission is validated by MyBrandForce, MyBrandForce will begin processing payment of the agreed upon Mission Fee to your financial institution.  Payments are typically initiated the same or next business day after the Mission is validated.  Once a payment is initiated by MyBrandForce, the receipt of said payment by your financial institution typically occurs the next business day.  However, numerous factors outside of MyBrandForce’s control can and do effect receipt of payment timing.  These include, but are not limited to, your own financial institution, the Federal Reserve, the Automated Clearing House and third-party payment providers.  MyBrandForce assumes no responsibility or liability for the timing of the actual receipt of the Mission Fee by the Brand Agent.  When a Mission subMission is rejected by MyBrandForce, MyBrandForce will not process payment to the User.   As a Brand Agent, you understand it is solely your obligation to pay all state and Federal income taxes and any other taxes that are owed by you, based on your receipt of payment for Mission services. Such fees likely constitute taxable “ordinary income” under applicable state and Federal laws. If you are uncertain about your tax obligations, you should contact a tax advisor. You will not receive any tax documentation in the form of an IRS Form 1099, IRS Form 1099-K, or other type of form or notice unless you earn Missions Fees exceeding the annual minimum amount necessary to mandate that you receive such a form. Forms are issued by MyBrandForce and/or its third-party providers.

4. User Conduct; Communications; and User Content

User Conduct

As a Brand Agent, you agree to abide by the terms of the MyBrandForce Brand Agent Code of Conduct. In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services.  You may only access or use the Services for lawful purposes (e.g., no request for the purpose or intent of inappropriate or unlawful in-store activities). You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to MyBrandForce, MyBrandForce’ customers, retail staff, any third-party provider or other party.

Communications with MyBrandForce

By creating an Account, you electronically agree to accept and receive communications from MyBrandForce, third-party providers or third parties providing services to MyBrandForce including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to MyBrandForce. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of MyBrandForce, and/or third-party providers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply. You can learn more about how MyBrandForce may contact you by reading our Privacy Notice. If you do not wish to receive promotional emails, text messages, or other communications from MyBrandForce, you may change your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from MyBrandForce, you must reply “STOP” from the mobile device receiving the messages. To opt back in and start receiving text messages again, reply “START” in the same thread. For purposes of clarity, text messages between you, MyBrandForce, and third-party providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may have an impact on your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, MyBrandForce may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).

Use of Accounts Owned by Others

In the event you use a MyBrandForce product or service that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of services you request, time and date of services that you perform, the location of such services, and associated photos, videos and other data collected for such services. You acknowledge that such data sharing is a condition of use of any such MyBrandForce product or service.

Ownership of User Provided Content and Feedback

As a Brand Agent, you agree that all content or feedback that you provide to MyBrandForce while using the Services, immediately becomes the property of MyBrandForce. Content includes pictures, answers, texts, voice memos, video, scans and other information submitted by you while using the Services (“Mission Content”).  MyBrandForce alone shall own all rights, title and interest in all Mission Content.  MyBrandForce shall be free to use Mission Content in any way, including sharing or selling it in any form and in any manner with or to any third party. You understand and agree that you will not have access to the Mission Content once it is submitted.

5. Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against MyBrandForce on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and MyBrandForce are each waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against MyBrandForce, and preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against MyBrandForce by someone else—except as provided below in Section 5(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against MyBrandForce in a single proceeding—except as provided below in Section 5(a)(3)(c). For the avoidance of doubt, except as provided below in Section 5(a)(3)(c), this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff, or joint action against MyBrandForce, other than participating in a class-wide, collective, coordinated, consolidated, mass and/or representative settlement of claims.

(a) Agreement to Binding Arbitration Between You and MyBrandForce

(1) Covered Disputes: Except as expressly provided below in 5(b), you and MyBrandForce agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of the MyBrandForce Marketplace Platform or the brand agent version of the MyBrandForce App), regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with MyBrandForce, will be settled by binding individual arbitration between you and MyBrandForce, and not in a court of law. This Arbitration Agreement survives after your relationship with MyBrandForce ends. (2) Class Action Waiver: All disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or MyBrandForce from participating in a class-wide, collective, and/or representative settlement of claims. The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against MyBrandForce in a single proceeding, except that this Class Action Waiver shall not prevent you or MyBrandForce from participating in a class-wide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or MyBrandForce.

(3) Mass Actions:

1. Mass Action Waiver: All disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration—except as provided below in Section 2(a)(3)(c). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or MyBrandForce are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or MyBrandForce’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or MyBrandForce from participating in a mass settlement of claims.
2. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) MyBrandForce shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties can out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to MyBrandForce, Inc., Attn: Legal Department, 7935 E. Prentice Ave, Suite 400W, Greenwood Village, CO 80111 via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. MyBrandForce may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this Section 2(a)(3)(b) only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree that arbitrations will be batched as provided in Section 2(a)(3)(c) below.
3. Batching:
4. To increase efficiency of resolution in the event a Mass Action is filed, and neither party exercises its right to opt out of arbitration pursuant to Section 5(a)(3)(b) above, the following procedure shall apply. At the request of either party, an arbitrator shall be selected according to the applicable arbitration provider’s rules to act as a special master (“Special Master”) to resolve threshold disputes regarding the propriety of some or all the arbitration demands submitted in the Mass Action (“Mass Arbitration Demands”). These threshold disputes may include, but are not limited to:
5. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers.
6. Any dispute regarding whether the applicable arbitration provider has complied with the Arbitration Agreement with respect to processing and administering the Mass Arbitration Demands.
7. Any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth below.
8. Whether claimants are barred from proceeding with their claims based on a prior settlement agreement, violation of these Terms, or expiration of the statute of limitations.
9. Any dispute relating to representation of the same claimant by multiple law firms.
10. Any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider.
11. Any dispute regarding discovery common to all claims; and
12. Any disputes regarding legal or factual issues that are common to all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period described below and may be made by providing written notice to the arbitration provider. Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the Mass Arbitration Demands to which a dispute has been raised. No further payment for filing fees, administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. MyBrandForce shall be responsible for the applicable arbitration provider’s and Special Master’s fees and costs related to the proceedings before the Special Master. A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases.

1. After proceedings before the Special Master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration Demands into batches of no more than 100 demands per batch by state of residence, and then alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands), and shall inform the arbitration provider of the batches and their compositions within 14 days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. You agree to cooperate in good faith with MyBrandForce and the arbitration provider to implement such a batch approach to resolution and fees. Nothing in this provision shall be construed as limiting the right to object that the filing or presentation of multiple arbitration demands by or with the assistance of the same law firm or organization violates any term of this Agreement.

iii. If any Mass Arbitration Demands were originally processed as individual arbitration demands before this batching procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this Section 5(a)(3). (4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and Mass Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—except that, as stated and pursuant to the procedures provided in Section 5(a)(3)(b), an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing any claim has violated the Mass Action Waiver. (5) Application to Third Parties: This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

(a)   Exceptions to Arbitration

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction by you individually. This means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass and/or representative action against MyBrandForce. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff, or joint action against MyBrandForce and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, MyBrandForce agrees to honor your election. The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.

Rules and Governing Law

For disputes arising in California, the arbitration will be administered by ADR Services, Inc. (“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect at the time that the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are available at www.adrservices.com or by searching for “ADR Arbitration Rules” using a service such as www.google.com or www.bing.com. The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in accordance with the ADR Rules. For disputes arising outside of California (or for disputes arising in California only if ADR cannot or will not administer the arbitration), the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this Section 2. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as designated herein. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The Arbitrator will be selected by the parties from the applicable arbitration provider’s roster of arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith effort to meet and confer, then the applicable arbitration provider will appoint the Arbitrator in accordance with its rules. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. If the FAA and applicable arbitration provider’s rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms. Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

Process

Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify MyBrandForce that you intend to initiate an informal dispute resolution conference, write to MyBrandForce Inc., Attn: Legal Department, 7935 E. Prentice Ave, Suite 400W, Greenwood Village, CO 80111.  Provide your name, the telephone number and email address associated with your MyBrandForce account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. Initiating Arbitration. To initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 5(c). A party initiating an arbitration against MyBrandForce must send the written demand for arbitration to the above address. Additionally, a party initiating arbitration against MyBrandForce must send an electronic version of the demand for arbitration to the Arbitration Provider and must send an electronic version of the as-filed demand to filed-arbitration-demands@MyBrandForce.com. By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

Location

Unless you and MyBrandForce otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Offers of Judgment

At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.

Arbitrator’s Decision

The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision. The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.

Fees

Except for the provisions governing payment of arbitration costs set forth above, your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount you would be required to pay if you filed a claim in court. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that you meet the requirements to obtain a fee waiver, and your demand for arbitration arises outside of California, then you may request a fee waiver only by submitting to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs, or a declaration under oath containing all the information required by AO 240; if your demand for arbitration arises in California, then you must submit a declaration under oath providing your monthly income and the number of persons in your household. All disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, and if no Special Master has been requested by either party pursuant to Section 5(a)(3)(c)(i) of these Terms, the parties agree that (i) the due date for any disputed fees shall be stayed pending resolution of the parties’ dispute, (ii) a panel of three arbitrators shall be appointed to resolve the parties’ dispute concerning a party’s obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each party selecting one arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) MyBrandForce shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and MyBrandForce arise at or around the same time, the disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or the election of the party common to all such disputes.

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

6. Disclaimers; Limitation of Liability; and Indemnity.

Disclaimers

The services are provided “as is” and “as available.” MyBrandForce disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, MyBrandForce makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested using the services, or that the services will be uninterrupted or error-free. MyBrandForce does not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested or obtained from third-party providers in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. MyBrandForce does not control, manage, or direct any third-party providers. Third-party providers are not actual agents, apparent agents, ostensible agents, or employees of MyBrandForce. If a dispute arises between you and or any other third party, you release MyBrandForce from losses of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with such disputes. MyBrandForce does not control, endorse, or take responsibility for any user content or third-party content available on or linked to by the services. MyBrandForce cannot and does not represent or warrant that the services are free of viruses or other harmful components. MyBrandForce’s use of algorithms to provide services or improve the experience of users and the security and safety of the services does not constitute a guarantee or warranty of any kind, expressed or implied.

Limitation of Liability

As a Brand Agent, you understand that there are risks involved in Missions such as store audits, product displays, promotional events, coupon distribution, and sampling events. These include – but are not limited to – slips, trips and falls; cuts from packaging; being struck from product falling off a shelf; strains, sprains, other injuries related to lifting or moving merchandise or displays; and motor vehicle accidents incurred en route, while at location, or after leaving a Mission location.  You agree that you are participating voluntarily, that you understand these risks, and that you do not have any conditions that will increase the likelihood of experiencing injuries while engaging in Mission activity, on or off location.  You agree to hold MyBrandForce entirely free from any liability, including financial responsibility for injuries or damage incurred, regardless of whether injuries or damage are caused by negligence.  If you have concerns, you agree and understand that you have the option not to complete a Mission you have claimed; you can release it for another Brand Agent to complete. MyBrandForce shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, regardless of the negligence (either active, affirmative, sole, or concurrent) of MyBrandForce, even if MyBrandForce has been advised of the possibility of such damages. MyBrandForce shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third-party provider, even if MyBrandForce has been advised of the possibility of such damages. MyBrandForce shall not be liable for delay or failure in performance resulting from causes beyond MyBrandForce's reasonable control. You acknowledge that third-party providers are not ostensible agents, apparent agents, actual agents, or employees of MyBrandForce. The Services may be used by you to request and execute site surveys, sampling events, product compliance visits or other field services with third-party providers, but you agree that MyBrandForce has no responsibility or liability to you related to any field services provided to or not provided to you by third-party providers other than as expressly set forth in these terms. The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, MyBrandForce’s liability shall be limited to the extent permitted by law. This provision shall have no effect on MyBrandForce’s choice of law provision set forth below.

Indemnity

You agree to indemnify and hold MyBrandForce and its affiliates and their officers, directors, employees, and agents harmless from and against all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:

• your use of the Services or services or goods obtained through your use of the Services
• your breach or violation of any of these Terms
• MyBrandForce's use of your User Content; or
• your violation of the rights of any third party, including Third-Party Providers.

7. Other Provisions

Notice

MyBrandForce may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on MyBrandForce’s website or through the Services. You may give notice to MyBrandForce, with such notice deemed given when received by MyBrandForce, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o MyBrandForce, Inc. The name and current contact information for the registered agent in each state are available online at www.mybrandforce.com If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.

Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in Supplemental Terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state. Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

Choice of Forum

Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of the state in which the dispute, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above or in Supplemental Terms applicable to your region. Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be brought exclusively in the state or federal courts in the state in which the incident or accident occurred, notwithstanding that other courts may have jurisdiction over the parties and subject matter, and except as may be otherwise provided in the Arbitration Agreement in Section 2 or in Supplemental Terms applicable to your region, to the extent permitted by law. The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such disputes.

Claims of Copyright and Trademark Infringement

Claims of copyright and trademark infringement should be sent to MyBrandForce’s designated agent. Please see MyBrandForce’s Copyright Policy or Trademark Policy for the designated address and additional information.

General

You may not assign these Terms without MyBrandForce’s prior written approval. MyBrandForce may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MyBrandForce’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, MyBrandForcer, any Third-Party Provider, or any Out-of-App Experience Provider because of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be fully enforced under law. MyBrandForce's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MyBrandForce in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

Download as a PDF

MyBrandForce Brand Agent Code of Conduct

Effective date: 19-Jan-2024

In crafting the MyBrandForce Brand Agent Code of Conduct, we lay the foundation for ethical, responsible, and professional behavior expected from each independent contractor (“Brand Agent”) using our digital platform (“Services”) to deliver retail services (“Missions”) on behalf of MyBrandForce and, by extension, our customers. The Brand Agent Code of Conduct reflects our commitment to maintaining the highest standards of conduct in all interactions, both online and offline.

Zero Tolerance Policy

At MyBrandForce, we care about safety and that is why we have a zero-tolerance policy for anyone creating an unsafe environment when using our platform. MyBrandForce maintains a “Zero Tolerance Policy” prohibiting Brand Agents from performing Mission services while under the influence of alcohol, illegal drugs or lawful drugs that impair Brand Agents’ ability to safely perform their services. Anyone who reasonably suspects a Brand Agent of being under the influence of alcohol or drugs may report the Brand Agent to the MyBrandForce Care Team at basupport@mybrandforce.com. Upon receiving the report, MyBrandForce will promptly suspend the Brand Agent’s access to the Services pending further investigation. MyBrandForce may suspend access to its Services for any Brand Agent or other user of the platform found to be reporting an alleged violation of this zero-tolerance policy, where the Brand Agent or other user of the platform knows the report to be unfounded, or based the report on an intent to inappropriately deny a Brand Agent access to the MyBrandForce App.

Harassment Policy

As a Brand Agent, you understand that MyBrandForce maintains a strict policy prohibiting sexual harassment, sexual misconduct, and other harassment against or by Brand Agents, customers, store employees, or anyone else who a Brand Agent may come into contact on their Missions or while providing services, based on any legally-recognized basis, including, but not limited to, their race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex and gender, pregnancy, gender identity and gender expression, age, sexual orientation, military and veteran status, immigration status or any other consideration protected by federal, state or local law. All such harassment is prohibited. If such harassment occurs while the Brand Agent is performing a Mission or is directed toward any Brand Agent or another third party interacting with the Brand Agent or the MyBrandForce Services, the procedures in this policy should be followed. As defined by the National Sexual Violence Resource Center (NSVRC):

• Sexual assault is physical or attempted physical conduct that is sexual in nature and without the consent of the user. Sexual in nature could be, but is not limited to, the context of body parts such as the mouth, breasts, buttocks, or genitalia.
• Sexual misconduct, including sexual harassment, is non-physical conduct (verbal or staring) of a sexual nature that is without consent or has the effect of threatening or intimidating a user against whom such conduct is directed. This includes explicit or non-explicit verbal comments, such as flirting, personal comments on appearance, and inquiries on relationship status. Sexual harassment includes unwelcome sexual experiences that do not involve physical contact, such as sexual advances, requests for sexual favors, and sexual comments.

The following are examples of sexual assault and sexual misconduct. This is not intended to be an exhaustive or exclusive list when determining whether there has been a violation of this policy:

• Physical touching, groping, pinching, kissing, hugging, patting, tickling, brushing against another person’s body, assault, coerced sexual acts, impeding or blocking movements;
• Unwanted advances or propositions, such as repeated requests for dates or sexual favors; suggestive or obscene messages or invitations;
• Non-verbal conduct such as staring, leering, or gestures;
• Catcalling (shouting, yelling, whistling);
• Unwanted sharing or display of visuals that are sexually suggestive (objects, posters, cartoons, pictures, or drawings);
• Verbal conduct such as lewd remarks, sex-based epithets, obscene comments, derogatory comments, sexually degrading words, slurs, sexual jokes, innuendo, or unwanted flirtations;
• Graphic comments about an individual’s body, sexual prowess, or sexual deficiencies;
• Retaliation for reporting harassment or threatening to report sexual harassment. Conduct may constitute harassment based on sex even if the alleged harassing conduct was not motivated by sexual desire.

Conduct may constitute harassment based on sex even if the alleged harassing conduct was not motivated by sexual desire. Other types of harassment include conduct such as:

• Verbal conduct including threats, epithets, derogatory comments or slurs based on an individual’s protected classification;
• Visual conduct, including derogatory posters, photographs, cartoons, drawings, or gestures based on protected classification; and
• Physical conduct, including assault, unwanted touching or blocking normal movement because of an individual’s protected status.

Any Brand Agent, customer, or other user of the Services who experiences sexual or other harassment may submit a complaint to the MyBrandForce Care Team at basupport@mybrandforce.com. MyBrandForce will keep all such complaints confidential to the extent possible. After receiving a complaint of harassment, MyBrandForce will conduct a fair, timely, and thorough investigation to reach reasonable conclusions and take proper remedial action based on the information collected. No person utilizing the MyBrandForce platform shall be retaliated against because of making a good faith complaint of sexual or other harassment, or for participating in a subsequent investigation.

Restricted Activities

With respect to your use of the MyBrandForce Platform, MyBrandForce Services, Third-Party Services, you agree that you will not:

a. impersonate any person or entity; b. stalk, threaten, or otherwise harass any person, or carry any weapons; c. violate any law, statute, rule, permit, ordinance or regulation; d. interfere with or disrupt the MyBrandForce Platform or the servers or networks connected to the MyBrandForce Platform; e. post Information or interact on the MyBrandForce Platform, MyBrandForce Services, or Third-Party Services in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; f. provide fraudulent, false or misleading information in your completed Mission, including data, photos, videos or scans; g. submit or attempt to submit Mission responses from a location other than the one specified in the Mission details; h. use the MyBrandForce Platform in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; i. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the MyBrandForce Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; j. forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the MyBrandForce Platform; k. “frame” or “mirror” any part of the MyBrandForce Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us to direct any person to any other website for any purpose; l. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the MyBrandForce Platform; m. rent, lease, lend, sell, redistribute, license or sublicense the MyBrandForce Platform or access to any portion of the MyBrandForce Platform; n. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the MyBrandForce Platform, or in any way reproduce or circumvent the navigational structure or presentation of the MyBrandForce Platform or its contents; o. link directly or indirectly to any other websites; p. transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party; q. use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the MyBrandForce Platform; r. discriminate against or harass anyone based on race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation; s. violate any of the Referral Program rules if you participate in the Referral Program; t. commercialize our MyBrandForce Services or Third-Party Services without an agreement directly with MyBrandForce; u. misuse or abuse the MyBrandForce Services or Third-Party Services in violation of eligibility requirements as determined by MyBrandForce; v. violate MyBrandForce’s Policy Against Sexual Assault, Misconduct, and Harassment, defined above; w. circumvent any measures implemented by MyBrandForce to prevent or address violations of this Agreement; or x. cause any third party to engage in the restricted activities above.

Should you suspect that any unauthorized party may be using your User account, or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Brand Agent Representations, Warranties and Agreements

By providing Mission Services as a Brand Agent on the MyBrandForce Platform, you represent, warrant, and agree that you will not:

a. Engage in reckless behavior while delivering Mission Services as a Brand Agent while under the influence of alcohol or drugs. b. Take action that harms or threatens to harm the safety of the MyBrandForce community or third parties. c. Attempt to defraud MyBrandForce or MyBrandForce Clients on the MyBrandForce Platform or in connection with your provision of Mission Services. This includes completing Missions from a location other than that associated with the Mission, submitting false or fraudulent responses on a Mission, or submitting false or fraudulent photographs as part of the Mission. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fees or other payments for the Mission(s) in question and take any other action against you available under the law.

You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement. By accepting a Mission, you agree to perform that Mission in a safe, courteous, lawful and professional manner and to follow all rules and instructions or commands provided to you by any third party employee, officer, or other agent you encounter while visiting the premises or facilities of any third party, including stores, markets, gas stations, stadiums, warehouses, or other types of retail, commercial or residential establishments, properties or facilities. If requested to leave any such third-party location, you must do so promptly and courteously and without argument. You understand and agree that you will be solely liable for any violation of these requirements, including any actual or alleged trespass, threats, assault, battery, or other misconduct by you. You will pay all applicable federal, state, and local taxes based on your provision of Mission Services and any payments received by you. You will comply with MyBrandForce’s reasonable requests to provide information in connection with complaints, law enforcement requests, or any other incident. The MyBrandForce Brand Agent Code of Conduct outlines the rules we all need to follow to maintain a decent and respectful environment. It's a guide for everyone in our community to act with integrity and responsibility. Let's stick to these principles to ensure a positive atmosphere and build trust among ourselves. By following these standards, we contribute to a community that's straightforward, respectful, and committed to the success of everyone involved.