Effective: December 20, 2022
- Scope of This Policy
- Agreement to Terms
- Information We Collect
- Health Information
- Children’s Privacy
- Our Use of Personal Information
- Our Disclosure of Personal Information
- Your Privacy Choices
- Links to Other Websites
- How to Contact Us
1. Scope of this Policy
2. Agreement to Terms
3. Information We Collect
We may collect the following categories of personal information (a) directly from you (such as when you create an account, enroll in the Service, fill out feedback forms or surveys, or send communications to us), (b) from the device and browser that you use to access the Service, (c) from cookies and similar technologies, and (d) from third parties, such as your employer (if they enroll you in the Service), clinical laboratories, or third-party review platforms (if you leave a review with, for example, Google or Yelp).
We may collect your name, email address, username and password, address, phone number, social security number, signature, and driver’s license or state identification card details.
Financial and Transaction Information
If you enroll in the Service on behalf of your employer or another business entity, we collect payment details (such as credit or debit card information or bank account number) for such employer or entity.
We may collect professional information about you, including your title or position, name of your employer, and professional contact details (e.g., postal address, phone number, and email address).
Demographics and Health Information
We may collect your age, birthdate, gender, gender identity or gender expression, drug and alcohol test results, physical and/or mental disability or medical condition, health status, and medical conditions related to gender, including pregnancy and childbirth.
If you submit a review on a third-party review site (such as Google or Yelp), we may display that review on our Sites.
We record calls between you and our customer service representatives for quality assurance, training, improving our services, and for other business purposes. Device Information
We may collect device information when you visit our Sites. Device information may include your computer and mobile device type, browser type, IP address, unique identifiers, domain names, access times, and geolocation information. Internet Activity
We may collect information concerning your interaction with our Sites, including when you access a Site and your browsing and search activity (such as which pages you visit, in what order, and for how long). This may include “traffic data” or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Service.
4. Health Information
We may receive certain health information about you in the course of providing the Service. This includes, for example, health information contained in drug and alcohol test results from third-party clinical laboratories. This information is subject to the Omnibus Transportation Employees Testing Act of 1991, regulations promulgated thereunder, and the U.S. Department of Transportation’s and U.S. Coast Guard’s drug and alcohol testing regulations. As such, we may be required by law to disclose health information to your employer, to the Department of Transportation, and other government agencies. We only disclose such health information where required by law or with your specific written consent.
The third parties from whom we receive and to whom we disclose health information are directly responsible for the use and disclosure of such information and these entities may be subject to additional federal and state laws concerning health information, including for example, the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act. We offer and provide Services in a manner that complies with all applicable laws and regulations that we are aware of and/or become known to us and will continue to do so.
We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on our Sites are generally divided into the following categories:
- Strictly Necessary Cookies. These are required for the operation of our Sites. They include, for example, cookies that enable you to log into password-protected portions of our Sites.
- Analytical/Performance Cookies. These allow us to recognize and count the number of users on our Sites and understand how such users navigate through the Sites (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how the Sites work, for example, by ensuring that users can find what they are looking for easily.
We use Google Analytics for part of this process. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics’ collection and use of data generated by your use of the Sites by going to https://tools.google.com/dlpage/gaoptout.
- Functional Cookies. These improve the functional performance of the Sites and make it easier for you to use. For example, cookies are used to remember that you previously visited one of our Sites and asked to remain logged into it. These cookies qualify as persistent cookies because they remain on your device for us to use during your next visit to the Site.
- Marketing Cookies. These record your visit to the Site, the pages you have visited, and the links you have followed to recognize you as a previous visitor, and to track your activity on the Site and other websites you visit. These cookies are used to display ads on other websites based on your visits to the Site and other online activity. These cookies qualify as persistent cookies because they remain on your device. For more information about targeted advertising and how to opt out with your specific browser and device, go to the Network Advertising Initiative and the Digital Advertising Alliance. If you opt-out, you will need to apply these opt-out settings in each device from which you wish to opt out. Not all companies that serve interest-based ads participate in these opt-out programs, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online, but they may be less relevant to you.
You can also prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access our Sites, however, you might not be able to access or use important functions or features of our Sites, and you may, for example, be required to re-enter your log-in details.
At this time, New Era does not recognize automated browser signals regarding tracking mechanisms, which may include “do-not-track” instructions.
6. Children’s Privacy
The Service is not intended for users under the age of 13 and New Era does not knowingly collect personal information from individuals under the age of 13. If you are aware of, or suspect that, someone under the age of 13 is using the Service without permission, please notify us immediately by contacting us as detailed below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.
7. Our Use of Personal Information
We collect and use your personal information for the following purposes:
- Providing the Service to you and providing services requested by, or reasonably anticipated within the context of our relationship with, you;
- Managing our relationship with you;
- Responding to your inquiries or requests, and requesting feedback;
- Administering promotions, events, or surveys;
- Providing promotional material or other marketing materials that we believe will be of interest to you;
- Tracking use of your username and password to access our Sites, and tracking your enrollments;
- Personalizing our Sites (e.g., displaying your name when you login to one of our Sites);
- Analyzing use of our Sites;
- Tailoring advertisements to what we believe will be of interest to you (including working with our advertising partners to display advertisements on third-party websites that you may visit);
- Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and
- Complying with legal and regulatory obligations.
8. Our Disclosure of Personal Information
New Era may share your personal information with the following third parties: Clinical laboratories and similar facilities that collect specimens for drug and alcohol testing. Your employer, for example, if your employer requires that you undergo drug and alcohol testing through the Service, the fact that you underwent such testing and the results of such tests are shared with your employer, or if your employer requires background checks. Service providers, including hosting providers and IT outsourcing, payment processors, contact management software providers, customer relationship management providers, and marketing providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites. Advertising networks to provide you with relevant marketing. With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, or assignment of assets or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction. The U.S. Department of Transportation and U.S. Coast Guard in connection with those agencies’ drug and alcohol testing regulations. Other government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.
9. Your Privacy Choices
If you no longer want to receive our newsletter or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself or by emailing us at the contact information below under How to Contact Us.
To opt-out of text messages, you may text “STOP” in reply to any New Era marketing text message.
Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Service.
By logging into your account, you may view, update, and/or delete certain information associated with your account (e.g., name, postal address, email address). If you wish to cancel your account, you may contact us at the contact details in the How to Contact Us section below.
We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.
You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the information in the How to Contact Us section below.
11. Links to Other Websites
For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Sites to provide increased value to our visitors. We have no control over these linked websites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party websites.
13. How to Contact Us
New Era Drug Testing LLC
801 S Glenoaks Blvd., Suite 200
Burbank, CA 91502