Effective Date: January 9, 2020
We may collect information you provide directly to us via the Services. For example, we collect information when you use or register for our Services, subscribe to our magazines or newsletters, create a resume, post on our Services, follow other users, participate in promotional activities, enter a sweepstakes or contest, complete a survey, or communicate with us through the Services.
Information we collect may include Personal Information: “Personal Information” is information, whether true or not, that can be used to identify you (whether alone or in combination), which may include your name, e-mail address, postal address (including billing and shipping address), geolocation information, telephone number, and fax number. You may choose to voluntarily submit certain other information to us through the Services, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not collected such information or requested that you submit such information to us.
The methods that we and our Service Providers may use to collect Usage Information include:
We are giving you notice of the Tracking Technologies and your choices regarding them explained in Section 12 so that your consent to encountering them is meaningfully informed.
If you are a user from the United States (U.S.), we may use your Personal Information for direct marketing purposes. If you are a user from outside the U.S., we will not use your Personal Information for direct marketing purposes unless we have received your express consent. As a Non-U.S. user, you have the right to opt-out from direct marketing and can require us to cease to use the data at any time for direct marketing purpose at no cost.
Please see Section 12 for more information about how to manage our communications with you.
Please note that by using our Services, you agree to share your Personal Information and Usage Information, as described in this section.
Our Service Providers may receive, or be given access to your information, including Personal Information and Usage Information, in connection with their work on our behalf. These Service Providers may be located in countries other than your country of residence. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes. We may also share information about you with our Service Providers as necessary, for the following purposes:
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.
We may share your Personal Information with third parties for direct marketing purposes as set forth in Section 2. California residents have further rights, as set out in Section 13.
Direct marketing purposes may include, but are not limited to, the following:
Additionally, the Services may offer you the option to send a communication to a friend. If so, we rely on you to only send to people that have given you permission to do so. By sending a communication to a friend, you represent that you have permission to provide your friend’s e-mail address. The friend’s information you provide (e.g., name, e-mail address) will be used to send the communication and not used by us for any other marketing purpose unless we obtain consent from that person. Your contact information and message may be included in the communication.
Our Services includes hyperlinks to websites, locations, platforms, or services operated by third parties (“Third Party Services”). These Third Party Services may use their own cookies, web beacons and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.
Third Party Responsibility
Online Behavioral Advertising
Some information about your browsing of the Services and certain Third Party Services may be collected across time and services and shared with third parties to deliver ads and/or other content to you on the Services and certain Third Party Services. We may receive information about Third Party Services that you have visited and use it for marketing purposes—a practice sometimes termed “(re)-targeting,” “interest-based advertising,” and “online behavioral advertising.”
Do Not Track
We are not responsible for third parties or Third Party Services associated with advertising and analytics services, and related tracking activities. Please consult their privacy policies and notices for information on their practices and see Section 12regarding certain choices some of them may offer you. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
We take reasonable technical and organizational security measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. In addition, we will not keep your Personal Information for longer than necessary for the purposes set out in this policy. Unfortunately, no data transmission or storage system is completely secure, and we cannot guarantee the security of your information collected through our Services.
Your Personal Information is stored on servers maintained with the assistance of a third party data storage provider. To help protect the privacy of data and personal information we collect and hold, our data storage provider maintains physical, technical, and administrative safeguards which are monitored, tested, and updated on an ongoing basis.
We comply with the Privacy Shield Framework, as set forth by the U.S. Department of Commerce in consultation with the European Commission, regarding the collection, use and retention of Personal Information received from the European Union. As we are a U.S. company, we have voluntarily decided to comply with the EU – U.S. Privacy Shield Framework and we are subject to the investigatory and enforcement powers of the Federal Trade Commission. We annually certify our adherence to the Privacy Shield Principles of notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, enforcement and liability. To learn more about the EU – U.S. Privacy Shield Framework, please visit https://www.privacyshield.gov/EU-US-Framework. To view Arrow’s certification, please visit https://www.privacyshield.gov/list. In the event Privacy Shield is invalidated, information of EU residents will only be transferred in accordance with an approved transfer mechanism, including the model contract clauses.
Our Services are not intended for children and are not targeted to children under the age of thirteen (13). If you are a child under the age of thirteen (13), you are not permitted to use the Services and should not send any information about yourself to us through the Services.
We do not knowingly collect any personal information from children under the age of 13 and, if we learn that we have received information from a user under the age of 13, we will delete this information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at firstname.lastname@example.org.
If you are a user in South Korea and you are aged under fourteen (14), you are not permitted to use the Services without the consent of your parent or legal guardian. You should not send any information about yourself to us through the Services unless your parent or legal guardian has given his or her consent. We do not knowingly collect any Personal Information from children in South Korea under the age of 14 without consent from a parent or legal guardian and, if we learn that we have received information from a user in South Korea under the age of 14 without requisite consent, we will delete this information. If you are a parent or legal guardian in South Korea and you believe that your child under the age of fourteen (14) has provided us with Personal Information without your consent, please contact us at email@example.com.
California minors see Section 13.
We will provide web pages or other mechanisms allowing you to correct or update some of the Personal Information you have provided us.
Users from the EU, Singapore, Hong Kong, Japan, New Zealand, Mexico, and Australia have a right to access their Personal Information, request corrections and/or deletions, and oppose the use of their Personal Information for specific purposes, subject to exceptions allowed by law. Such users are also entitled to request information on the origin of their Personal Information, the recipients or types of recipients to whom their Personal Information is provided, the reason for which their Personal Information is being stored, and the ways in which their Personal Information has been or may have been used or disclosed by us within a year before the date of the request. If you would like to do so, please send your request in writing by sending an email to firstname.lastname@example.org or by sending a letter to AspenCore, 245 Main Street, 2nd Floor, Cambridge, MA 02142 USA. To protect your privacy and the privacy of others, we will need evidence of your identity before we can grant you access to information about you or change it, including your username and password, if applicable. You will not be charged for compliance with such a request.
Changes and Deletions
We will make good faith efforts to make requested changes in our then-active databases as soon as practicable (but may retain prior information for records to the extent not prohibited by applicable law). Please note that it is not always possible to completely remove or delete all of your information or public postings from our databases (California minors see Section 13) and that residual data may remain on backup media or for other reasons. We also may retain cached or archived copies of information about you for a certain period of time.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Please be aware that if you disable or remove cookies some parts of our Services may not work and that when you revisit our Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Cookies and tracking devices used by AspenCore, as categorized by function:
Cookies can also be categorized by how long they remain on your device. There are two broad categories of duration:
We use both persistent and session cookies. Our persistent cookies last no longer than one (1) year.
Information collected by our cookies:
Cookies on our website collect several types of information, including information about your usage of our website and we may collect your IP address as a logged file. An IP address is the number assigned to your device, for example your laptop or mobile phone, when your device accesses the internet.
To the extent that IP addresses are personal data under applicable data protection law, we treat it as Personal Information. If we link information collected through cookies with any personal data you provide to us through the website, e.g., through submitting a form, we also treat that information as Personal Information. For information on how we handle personal data collected through the site, please see above.
How to manage cookies in your browser:
Most modern browsers will allow you to:
You should be aware that any preferences will be lost if you delete cookies. This includes where you have opted out from cookies, as this requires an opt-out cookie to be set. Also, if you block cookies completely many websites will not work properly and some functionality on these websites will not work at all. We do not recommend turning cookies off when using our website and Services for these reasons.
If you are primarily concerned about third-party cookies generated by advertisers, you can turn these off separately.
With respect to our mobile applications, you can stop all collection of information by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling location identifying services, by adjusting the permissions in your mobile device.
Third-party cookies and tracking devices:
When you are using our Services, you may notice that there is content from other websites which we add from time to time to improve the user experience. As a result, you may be sent cookies from these other websites. We do not control these cookies and we suggest you check these third-party websites for more information about the cookies they use and how you can manage them.
Managing advertising cookies:
Please note that if you want to opt out from targeted advertising cookies, this does not mean that you will receive less advertising when you use our services. This just means that the advertising you see will not be as relevant or customized to you.
However, if you still want to opt out of these third party advertising cookies, you can do this by visiting the Interactive Advertising Bureau’s website www.youronlinechoices.com which lists all ad serving cookies that are currently set on your device and tells you how to opt-out from each of them. Please note that this website lists many more networks than those used by us.
Please remember that if you choose to opt out of targeted advertising from a specific company or via www.youronlinechoices.com, it only applies to the web browser on the device you are using. You will therefore need to follow the same process on every device you use or different web browser that you use to exercise the same choice.
Further information about cookies:
If you wish to learn more about cookies in general and how to manage them, visit www.allaboutcookies.org.
Certain companies may participate in the Digital Advertising Alliance (“DAA”) AdChoices Program and may display an Advertising Option Icon for interest-based ads that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com and its opt-out program for mobile applications at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt-out of certain targeted advertising delivered by NAI members’ ad networks. To learn more about opting out of targeted advertising or to use the NAI tool, visit http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt-out of certain kinds of targeted advertising, you will continue to receive non-targeted ads. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you interest-based ads will do so as well, though we cannot guarantee their compliance.
You can opt-out of receiving promotional communications (e-mails or text messages) from us at any time by (i) for promotional e-mails, following the instructions as provided in e-mails to click on the unsubscribe link or changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions as provided in text messages from us to text the word, “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscriptions may continue. Even if you opt-out of receiving promotional communications, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.
Our mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. These can be configured in Settings. As with e-mails, even if you opt-out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the applications or our ongoing business relations.
This Section 13 only applies to the Personal Information of residents of the U.S. state of California in their capacity as consumers (“California consumers”).
“California consumer” does not include individuals in their capacity as human resources, e.g., AspenCore’s employees, job applicants, directors, and contract workers (collectively, “HR individuals”), or individuals in their capacity as emergency contacts, dependents, or beneficiaries of HR individuals. “Consumer” also does not include individuals in their capacity as employees or other agents of a business engaged in a transaction with us.
This Section 13 applies to all Personal Information of California consumers collected, disclosed for business purposes, or sold by AspenCore both online and offline.
|Categories of Personal Information Collected in The Last 12 Months||Sources of That Personal Information||Business Purposes and Commercial Purposes for Collecting That Personal Information|
|Identifiers, including: real name, postal address, telephone and fax number(s), Internet Protocol address, email address, and AspenCore account number.||
· Provided by the California consumer.
· Automated technologies in the website, including cookies, web beacons, and log files when a consumer visits the Websites.
· Public databases.
· Joint marketing partners.
· Social media platforms.
· Consumer data resellers.
· Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, and providing customer support.
· Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting impressions to unique visitors, verifying positioning and quality of impressions, and auditing compliance with the law.
· For safety and security, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
· Debugging to identify and repair errors that impair existing intended functionality.
· Undertaking activities to verify or maintain the quality or safety of, or to improve, upgrade, or enhance, a service or device that is owned, manufactured, manufactured for, or controlled by AspenCore.
· Product and service training, for example, by providing training and information on using, servicing, selling, and displaying AspenCore’s products and services.
· Marketing and advertising.
· Communications about transactional services and promotions, for example, by communicating about special events, sweepstakes, promotions and surveys.
· Facilitating communications, for example, by collecting and organizing contact information, establishing means of communications, and communicating with current and prospective customers, including regarding questions and feedback.
|Internet or other electronic network activity information, including: device identifier, browser information, operating system characteristics, Internet service provider, referring/exit pages, information regarding interaction with an internet website, application, or advertisement, cookies, web beacons, log files, and other online behaviors.|
|Commercial information, including: interest in, inquiries into, and purchases of products and services.|
|AspenCore product and service usage information, including: AspenCore products and services purchased; purchase, service and installation dates for AspenCore products and service; complaints; warranty information; product registration data; and feedback on products or services.||Provided by the California consumer|
|Financial information, including: credit card number; debit card number; bank information and credit references||Provided by the California consumer||
· Services (processing or fulfilling orders or transactions, verifying customer information, processing payments)
· Order fulfillment
· For safety and security, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
|Categories of Personal Information Collected in The Last 12 Months||Categories of Third Parties with Which AspenCore Shared That Personal Information|
For all categories of Personal Information:
· AspenCore discloses Personal Information to government agencies, law enforcement, and other parties as required by law and as necessary to protect the rights, property, or safety of AspenCore, its subsidiaries or affiliates, employees, customers, and users.
· AspenCore also discloses Personal Information to vendors and Service Providers, as necessary for the business and commercial purposes listed above.
· AspenCore discloses Personal Information to a third party in connection with or during negotiations of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
· Suppliers as necessary to facilitate orders or to cross-market products.
· Subsidiaries, parents, and other affiliated companies.
|Internet or other electronic network activity information||Subsidiaries, parents, and other affiliated companies.|
· Suppliers as necessary to facilitate orders or to cross-market products.
· Subsidiaries, parents, and other affiliated companies.
|Product and service usage information||Subsidiaries, parents, and other affiliated companies.|
Disclosure of Personal Information for a Business Purpose or a Commercial Purpose:
AspenCore discloses all the categories of Personal Information in the table above for a business purpose or a commercial purpose.
Sale of Personal Information:
In the last 12 months, AspenCore has disclosed the following categories of Personal Information about California Consumers to the following categories of third parties:
|Category of Personal Information||Category of Third Party|
|Name, email address, postal address, job function||
· third-party business partners and sponsors
· webinar sponsors
· tech paper sponsors
AspenCore presently does not and shall not sell the Personal Information of California Consumers who have opted out of the sale of their Personal Information. AspenCore does not sell the Personal Information of minors under 16 years of age.
How to Exercise Your Rights:
We will respond to requests in accordance with applicable law if we can verify the identity of the individual submitting the request. California consumers can exercise their rights to know and to delete in the following ways:
The processes that we follow to verify your identity when you make a request to know or a request to delete are described below. The relevant process depends on how and why the request is submitted and requests through a password protected account may not be available in all circumstances.
If you created a password-protected account with us before the date of your request, we will rely on the fact that your request has been submitted through your account as verification of your identity. We will require that you re-authenticate yourself before we disclose your Personal Information in response to a request to know and before we delete your Personal Information in response to a request to delete.
You are responsible for protecting the security of your log-in credentials for your account. Please do not share your log-in credentials with anyone. If we suspect fraudulent or malicious activity on or from your account, we will not respond to a request to know or a request to delete until we have been able to confirm, through further verification procedures, that you made the request.
If you submit a request by any means other than through a password-protected account that you created before the date of your request, the verification process that we follow will depend on the nature of your request as described below:
We have implemented the following additional procedures when verifying the identity of requestors:
You may designate an authorized agent to exercise your right to know or your right to delete by submitting to us a completed “Authorized Agent Designation” form. You can obtain the designation form by contacting us at email@example.com.
If an authorized agent submits a request to know or a request to delete on your behalf, the authorized agent must submit with the request either (a) a power of attorney that is valid under California law, or (b) a document signed by you that authorizes the authorized agent to submit the request on your behalf. In addition, we may ask you to follow the applicable process described above for verifying your identity.
California consumers have the right not to be subject to discriminatory treatment by AspenCore for exercising their privacy rights under the California Consumer Privacy Act, and we will not discriminate on that basis. However, we may charge a California consumer a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the California consumer by the consumer’s Personal Information. If we do so, we will provide consumers with any legally required notice.
Any California residents under the age of eighteen (18) who have registered to use the Services, and who have posted content or information on the Services, can request removal by contacting us at firstname.lastname@example.org by sending a letter to AspenCore, 245 Main Street, 2nd Floor, Cambridge, MA 02142, with information detailing where the content or information is posted. We will make reasonable, good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. For our U.S. users, we may from time to time elect to share certain information about you collected by us on the Service with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt-out of such future sharing by contacting us at email@example.com or by sending a letter to AspenCore, 245 Main Street, 2nd Floor, Cambridge, MA 02142. Requests must include “California Shine the Light Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.
Obligation to Provide Personal Information
EU persons must, on occasion provide Personal Information to us as necessary to enter into a contract or as required to fulfil contractual obligations, including providing our products and Services, taking payment for products and Services we provide, and billing, shipping, and delivery of our products and Services. You are free to withhold your Personal Information but without this data it will not be possible to execute the contract or provide you with our products and Services.
When you make a purchase on or of the Services, you must provide Personal Information to us so that we can meet our legal obligations in accordance with applicable tax and statutory provisions. You are free to withhold your Personal Information, but without this data, it will not be possible to provide you with our products and Services.
We sometimes use EU persons’ Personal Information submitted through the Services for automated decision-making. For example, we may display advertisements and send emails to you containing content automatically chosen based on the products or Services we have provided to you in the past. However, we will not use EU persons’ Personal Information submitted through the Services for automated decision-making, including profiling, that produces legal effects or similarly significantly affects EU persons.
Legal Basis for Processing
We process your Personal Information with your consent and as required by law. In addition, we process your Personal Information as necessary for the performance of the sales contract, for example, when processing your orders and payments and to take steps, at your request, before entering into a contract with you, for example, by providing you with quotes for products and services. We also process Personal Information as necessary for our legitimate interests as follows:
Accuracy and Access to Personal Information
EU persons may request access to their Personal Information under this policy to the full extent required by applicable law in the home country of the person making the request. Such persons may request the correction, amendment, or deletion their Personal Information that is inaccurate or has been processed in violation of the Privacy Shield Principles. We will reasonably fulfill such requests to the extent required by applicable law.
Users from outside the U.S. have the right to ask us not to process their Personal Information for marketing purposes. We will inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your information.
You can exercise these rights at any time by contacting us at firstname.lastname@example.org or by sending a letter to AspenCore, 245 Main Street, 2nd Floor, Cambridge, MA 02142 USA.
Right to Object to Processing for Direct Marketing or Legitimate Interests
EU persons have the right to object to the processing of their Personal Information for purposes of AspenCore’s direct marketing or legitimate interests. You can exercise your right to prevent such processing by unsubscribing from the emails you receive from us and any third parties. You can also exercise the right at any time by contacting us at email@example.com or by sending a letter to AspenCore, 245 Main Street, 2nd Floor, Cambridge, MA 02142 USA.
Revocation of Consent
Users from outside the U.S. also have the right to revoke their given consent regarding the use and sharing of their Personal Information. However, it is important to note that in some cases such request may not be immediately or fully executed because it is possible that we have a legal obligation to keep using your Personal Information. Also, you must consider that for certain purposes, the revocation of consent means that we cannot continue providing the Services you requested. You can revoke your consent at any time by contacting us at firstname.lastname@example.org or by sending a letter to AspenCore, 245 Main Street, 2nd Floor, Cambridge, MA 02142 USA.
Accountability and Inquiries
Any EU person who is not satisfied with our compliance with the EU – U.S. Privacy Shield may contact us to resolve such complaints at email@example.com or by sending a letter to AspenCore, 245 Main Street, 2nd Floor, Cambridge, MA 02142 USA. If any EU person believes that such a complaint has not been resolved, he or she agrees first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure. The rules governing these procedures and information regarding how to file a claim free of charge can be found here: http://info.adr.org/safeharbor/.
Any EU person who remains dissatisfied may contact his or her national Data Protection Authority in the country where the person resides. We have agreed to cooperate and comply with appropriate EU Data Protection Authorities and the Department of Commerce in resolving such disputes. If an EU person remains dissatisfied and meets the pre-arbitration requirements of Annex I Part C of the EU – U.S. Privacy Shield Framework, the person may invoke binding arbitration pursuant to procedures in Annex I of the EU – U.S. Privacy Shield Framework Principles found here: https://www.privacyshield.gov/EU-US-Framework.
245 Main Street, 2nd Floor
Cambridge, MA 02142 USA
9201 East Dry Creek Road
Centennial, CO 80112
(Attention: Legal Counsel)
European users can contact us at:
Frankfurter Straße 211
(Attention: Legal Counsel)