By filing a report with Red Flag Reporting, you acknowledge and agree to the following:
Information Gathered
Red Flag Reporting (“RFR”), subject to an agreement with its clients, offers services to obtain information from employees and others regarding illegal, unethical and unsafe activity or, separately, for inquiries related to the California Consumer Privacy Act (“the Act”). The information obtained by RFR is then provided to its client’s authorized representative without evaluation or alteration by RFR. RFR does not participate in the investigation of, or resolution of, issues reported through RFR.
Accuracy of Information
RFR provides no assurances on the accuracy or reliability of information gathered. RFR does not investigate matters reported to it and is not responsible for resolving them. The client of RFR, for which the report relates to, is responsible for report investigation and resolution and is also responsible for complying with all laws related to the investigation and protection of such information. The client is also responsible for the protection of all rights of all persons accused of any offense, those making inquiries related to the Act, and those represented as making inquiries related to the Act. Please be aware that intentionally submitting false or misleading information may lead to civil and/or criminal prosecution. After submitting a report, you cannot edit it. However, if you have additional information or updates related to the report, you can provide them in two ways. If you had chosen a communication option that permits ongoing discussions about the report, you can share the updates using the provided method. Alternatively, you can submit a new report, making sure to reference your previous report and the updates you wish to add.
Anonymity
For those filing reports regarding illegal, unethical, unsafe or similar activity, you will be given the opportunity to either:
- Identify who you are (preferred so that your employer can best assist you),
- Remain anonymous but communicate directly with management,
- Remain anonymous but communicate indirectly with management, or
- Remain anonymous and not communicate with management.
To remain anonymous, do not provide any personal identifying information, including on any documents you upload into your report. Please be aware that even if you choose anonymity, facts gathered during an analysis of your concern(s) may point to your identity.
For those making inquiries related to the Act, you must identify yourself so that the client of RFR can help you. Note that the client of RFR may be required to verify your identity in order to assist you.
Cookies
Cookies are small amounts of data a web site sends your device as you view that site. This data permits the web site to recall information, making your visit to that site more convenient. Like many companies, RFR uses cookies to improve your experience. For example, we use cookies so our system can retain information you entered while filing your report. It is possible for your device to alert you every time a cookie is transmitted. If desired, you direct your device to alert you via your browser settings. If you block cookies, you will not be able to file a report. Please know that we do not accumulate any permanent cookies on your device. Closing your browser after filing a report will remove any temporary cookies from your device.
Security
Maintaining the security of your data is important to us. RFR takes technological, procedural, contractual, and physical security measures to safeguard your data. For protection, all data on our platform is submitted over a secure socket layer encrypted connection.
Privacy
By filing a report, you acknowledge and agree to our Privacy Policy found at https://www.redflagreporting.com/about-red-flag-reporting/privacy-policy/.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL RFR OR ITS AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY USER BECAUSE OF USE OR MISUSE OF THIS SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL RFR OR ITS AFFILIATED COMPANIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR civil unrest, DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, pandemics, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE PRODUCTS AND SERVICES PROVIDED BY RFR ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RFR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Governing Law; Venue
These terms shall be governed by the laws of the State of Ohio, without reference to any conflict of laws principles, and all claims, actions, and other proceedings relating to the subject matter hereof shall be brought and heard exclusively in the courts of Summit County, Ohio. User hereby consents to jurisdiction and venue of such courts and waives any right to object to such jurisdiction or venue.
Attorney Fees
If RFR is required to resort to legal action for the redress of a breach hereof by User, RFR, if successful, shall be entitled to an award of all of its reasonable attorney fees and costs.
Assignment
These Terms shall inure to the benefit of, and be binding upon, the parties and their respective successors and assigns. User may not assign these Terms or any of its rights or duties hereunder (including the sale or transfer of majority control of the ownership of Customer) without the prior written consent of RFR. Nothing in these Terms of Use shall be construed as creating any act or beneficial right in or on behalf of any third party.
Force Majeure
“Force Majeure Event” means the occurrence of, but not limited to, the action or inaction of any governmental, civil or military authority; a strike, lockout or other labor dispute; a fire, flood, war, riot, theft, earthquake, pandemic, epidemic, or other natural disaster; or acts of terrorism or other civil disturbance, which in each case causes RFR to be unable to comply or performance is made impracticable without its fault by the occurrence of the event, RFR shall not be in breach of its obligations or liable to User for any losses or damages arising out of such non-performance.
Confidentiality
Customer shall treat all confidential and proprietary information and materials of RFR strictly confidential and shall not disclose such information or materials to any third party.
Miscellaneous
No provision hereof shall be deemed waived, amended or modified by either party, unless it is in writing and signed by the party against whom it is sought to be enforced. The failure of a party to enforce any provision hereof shall in no way be construed to be a waiver of such provision, nor in any way affect the ability of a party to enforce the same or other provisions thereafter. These Terms of Use represent the complete agreement of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, written or oral, between the parties. Any notice to be given hereunder shall be given in writing and delivered personally, by overnight courier, by U.S. certified mail, postage prepaid, written receipt requested, or by electronic transmittal with confirmation.
For users in the European Union, please note this system must not be used to report concerns regarding an individual under the age of 16 and by submitting this report, you agree to permit us to disclose to the recipient any personal identifiable information intentionally provided by you.