PRIVACY STATEMENT - INFORMATION COLLECTION AND USE
Last Revised: September 13, 2013
This Privacy Statement (“Statement”) governs the policies and procedures for information security and use by the Asset Record Company®. We will not use or share your information with anyone except as described in this Statement. Please become familiar with our privacy practices. By accessing or using the Service (defined below), You consent to the privacy practices described herein. All references herein to the ”Service” include the Asset Record Company®, the Asset Record Ownership System™ and the Asset Record™.
This Statement does not govern our collection or use of information we obtain by other means or from other sources. This Statement supplements but does not modify or replace the U.S. Terms of Service Agreement, as Last Revised (the “Agreement”). Should any conflict arise between concepts, definitions, disclosures, policies or procedures described in this Statement and those described in the Agreement, the latter shall control. Capitalized terms in this Statement for which we do not provide a definition will have the meaning given them in the Agreement.
2. PRIVACY STATEMENT; APPLICATION OF U.S. LAW; NOTICE
A. Our Commitment to You. We are committed to the protection and security of your information. In fact, our success is dependent upon it. The Company has developed and owns a robust, patent-pending Software as a Service platform designed for the rational convergence of salient data, documents, images and other information within an Asset Record™, and the promotion of timely, effective communication and interaction between and among individuals, organizations and professionals sharing a common bond. The Service has the potential to benefit businesses, consumers, governments and professionals with increased efficiency, unparalleled information flow, reduction in fixed costs and improvement in quality of life and expanded business opportunities. We are a growing company that fosters a culture of continuous improvement, whose values, including integrity and respect, are central to its operation.
Some of the information contained within your user profile and within your Asset Record™ is legally considered to be “personally identifiable information.” As such, this non-public information is subject to state and federal laws and regulations of the United States, as well as foreign countries and certain leagues of nations, governing our collection and use of such information. In the effort to protect non-public information within the boundaries of our business, we rely upon the definition for personally identifiable information established by the U.S. Office of Management and Budget (“OMB”) in OMB M-06-19 (July 12, 2006) and again in OMB Memo M-07-16 (May 22, 2007), as information about a person that contains some unique identifier from which the identity of the person can be determined. According to the OMB, unique identifiers “include, but are not limited to, education, financial transactions, medical history, and criminal or employment history and information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, date and place of birth, mother’s maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.” Our privacy practices incorporate disclosures and safeguards on these key identifiers.
B. Application of U.S. Law; Notice. As noted in Section 3 of the Agreement, if you communicate with the Company and interact with the Service from a place other than the U.S., or transmit User Content to a place other than the U.S, such communications and interactions may result in the transfer of Your Account Information and User Content across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or Asia-Pacific Economic Cooperation, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you will be transferring information, including personally identifiable information, to a country or jurisdiction that does not have the same privacy protection laws as your country or jurisdiction.
*Notice to Users in Member Countries of the European Union (“EU”): The Company has not adopted the U.S-E.U. Safe Harbor Framework Privacy Principles.
*Notice to Users in Member Countries of the Asia-Pacific Economic Cooperation (“APEC”): The Company has not adopted the APEC Privacy Framework.
3. COLLECTION OF YOUR PERSONAL INFORMATION
A. Overview. The Company uses information we collect to maintain, operate and provide you the features and functionality of the Service, analyze how the Service is used, diagnose technical problems, maintain security, personalize content, remember information to help you efficiently access Your Account and Asset Record™, monitor aggregate metrics and to view User Content as necessary to protect the intellectual property, privacy and publicity rights of third parties under the Digital Millennium Copyright Act and other applicable laws and regulations.
B. What We Will Collect. When you register to interact with the Service, whether such interaction is made directly through the Service or via a third-party website, and whether such interaction is paid (for example, when you purchase a subscription to an Asset Record™, for your own or someone else’s benefit) or free (for example, when you are invited by the owner of an Asset Record™, to become associated with the Service-as a recognized professional in your field of expertise or as a service provider to the owner), we will collect personally identifiable information from you, such as your full name, email address, postal address and landline or mobile telephone number(s). Some of the requested information is required to use the Service; other information is optional. The required information is clearly marked as such on the registration pages of the Service. The Company only obtains personally identifiable information from users if they voluntarily supply it.
Your name, email address and other information you choose to provide on the Service will be discoverable and viewable by other users, in accordance with your settings on the Service. If you choose to invite others to become associated with your Asset Record™, we will ask you for that person’s email address and automatically send them an email invitation. The Service stores this information to send this email, to register that person if your invitation is accepted and to track the success of this unique feature of the Service.
The Company will automatically collect information about your computer and wireless device hardware and software as is common to all such portal services on the Internet. This information can include your type of web browser, the name of your Internet Service Provider (“ISP”), the Internet Protocol (“IP”) address from which you contact us or interact with the Service, the disclosure of web pages you visited, actions you take within the Service, access dates and times, referring and exit website addresses, in addition to certain click behavior. We will use IP addresses in any effort to discover the identities of unauthorized users of the Service in the event of a breach of security or to enforce compliance with the Agreement or applicable laws and regulations, including but not limited to intellectual property rights of others.
The Company may also collect or have a third-party collect on our behalf aggregated statistical information about our subscribers and the ways in which they use our products and services. This aggregated statistical information does not include personally identifiable information. The Company would use this non-identifying information for market research purposes and to improve the quality of the products and services we offer.
C. Your Choices About Collection and Use of Your Information. Some of the Service’s unique features include the opportunity to appoint your employees or other agents to build, communicate about and maintain your Asset Record™ and to connect professionals and trusted advisors to your Asset Record™. You can choose to withhold information from your profile and from an Asset Record™, but please be aware that in doing so you may limit certain features of this robust platform. The Company has no obligation to provide you with all functional facets of the Service, particularly when you choose to withhold information that is specifically related to certain features. You may update or correct Your Information at anytime by logging into Your Account.
When you elect to grant permission to your employees or other agents, or to associate one or more professionals, with your Asset Record™, the Service requires you to share that person’s name and email address. The Service then stores this information for the sole purpose of sending that person a one-time email, inviting him or her to become associated with your Asset Record™. The Service will not automatically opt this person into receiving repeated email communications or any secondary or promotional material. Once associated with your Asset Record™, these Delegates may have access to some or all of your data, documents, images and information contained therein, including all metadata. You control the level of access by the use of permissions. Except for data or images you choose to put in your public Asset Record™ user profile or the public profile of your Asset Record™ properties, only persons with whom you wish to associate with your Asset Record™ will have access to any of your data, documents, images and information and then only to that which you permit.
D. What We Will Not Collect; Phishing, Smishing or Vishing. The Company will not initiate a request of you to disclose a social security number, tax identification number, username, password or personal identification number(s) to this Service or to any third party website or webpage or any financial institutions routing or account numbers. You should delete, discard, disregard or ignore any attempt to acquire sensitive personal information through the use of either official-looking electronic communications like email (phishing) or text messaging (smishing) or by phone call or voice mail (vishing) that in any way implicate the Company as the source of the request or threat. If you think you have received a fraudulent email, text message or other electronic communication from us, but you haven’t acted on it, please forward the information to us at firstname.lastname@example.org. You will receive an automated response from us to let you know we received the email and that we will begin our investigation into the matter.
You can learn more about how to avoid such scams and to be on guard against fraud while using the Internet, how to secure your computer and wireless device and how to protect your valuable personal information by visiting the following online service of the U.S. Government: http://onguardonline.gov/topics/avoid-scams.
E. What Others May Collect. The Company encourages you to review the privacy statements of third-party websites you choose to link to or from the Service so that you can understand how those websites collect, share and use your information. These third-party websites do not operate under this Statement and may independently solicit and collect information, including personally identifiable information, from you. Your browsing and interaction on any other website, including those that link to the Service, is subject to that website’s owns rules and policies. The Company is not responsible for the privacy practices or content of websites outside the Service, as fully disclosed in Section 6.5 (External Hyperlinks and Outside Content) of the Agreement.
4. USE OF YOUR PERSONAL INFORMATION
A. Our Direct Use. The Company collects and uses personally identifiable information to operate the Service and deliver the results you have requested. We will communicate with you on all relationship and transactional matters, such as administrative notices and service announcements, via electronic mail (email) or short messaging services (a/k/a “text message”). The Company may also use personally identifiable information to inform you of other services available from the Company. We may use your email address to send you any notices required by law, in lieu of communication by postal mail. If you correspond with us by email, we may retain the content of your email message, your email address and our response.
The Company may keep track of websites and web pages that users visit from the Service to determine which elements of the Service are the most popular. This data is used to deliver customized content to users whose behavior indicates that they are interested in a particular subject area or to further enhance the Service. The Company may share data with its trusted partners to help perform statistical analysis, send you email or provide customer support. All such third parties are prohibited from using personally identifiable information except to provide these services to the Company, and they, too, are required to maintain the confidentiality of personally identifiable information. We select only those vendors that as a matter of their own high business practice have implemented and maintain industry-standard security procedures to protect personally identifiable.
*Notice to Users in California: California Civil Code Section 1798.83 permits California residents to request and obtain from us, on an annual basis and free of charge, information about the personally identifiable information (if any) we disclosed to third parties for direct marketing purposes during the immediately preceding calendar year. If applicable,
this information would include a list of the categories of personally identifiable information that was shared and the names and addresses of all third parties with whom we shared such information. If you are a California resident and would like to make such a request, please submit your request in writing to:
Online Privacy Coordinator
Asset Record™ Company®
1550 Utica Avenue S., Suite 460
St. Louis Park, Minnesota 55416
B. Notification of Changes to This Statement. If the Company decides to use personally identifiable information in any manner that varies from that stated at the time of collection, the Company will notify you via email. You will have the choice to stop or limit the Company’s use of personally identifiable information in a different manner. In addition, if the Company makes any material changes in our privacy practices that do not affect personally identifiable information, the Company will post a prominent notice on the Service notifying users of those changes. In either event, you have the legal right to “opt out” of such changes.
C. Compelled to Disclose by Legal Process or To Eliminate Perceived Threat to Others. The Company will disclose personally identifiable information, without notice to you, when the Company in good faith believes that such action is necessary to: (A) conform to the edicts of the law or comply with legal process, such as a court order, subpoena or other legal obligation; (B) protect and defend, in its sole and absolute discretion, the rights or property of the Company and its officers, directors, shareholders and employees; or (C) act under exigent circumstances to protect the personal safety of users of the Service or the public at large.
D. Affiliate Transfers or Sale of Assets or Operations. In the event the Company is acquired by or merged into a legally affiliated entity, or in the event of a transfer of assets or operations, the Company may disclose or transfer personally identifiable information in connection with such transaction. The Company shall notify you via email or by posting a prominent notice on the Service for at least thirty (30) days of any such change in ownership of the Company or its assets resulting in a change of control of personally identifiable information. For anyone of these events, you have the right to “opt out” of the transfer of your personally identifiable information.
5. SECURITY OF YOUR INFORMATION
In addition to good governance, the Company deploys a variety of physical and technological approaches aimed at protecting the confidentiality and security of Your Information. If you are concerned that Your Information may have been compromised, please contact us immediately via email at email@example.com. You will receive an automated response from us to let you know we received the email and that we will begin our investigation into the matter.
A. Use of Advanced Technology. Your personal information is protected by advanced technology. The Service has security measures in place to protect against the alteration, misuse, loss or theft of the information under the Company’s control. The Company secures personally identifiable information from unauthorized access, disclosure or use through the use of encryption. The Company currently deploys the Secure Sockets Layer (“SSL”) protocol. SSL, and its updated version, TLS, support most e-commerce transactions through end-to-end encrypted sessions that are authenticated and that require certificates that are verified by certificate authorities (“SSL Certificate Authorities”). However, the Company assumes no responsibility for and has no independent duty to authenticate SSL Certificate Authorities and specifically disclaims any liability for fraudulent certificates. The Company will constantly monitor advancements in encryption technology and deploy the safest, most advanced standard.
B. Physical Access Restricted. Our hardware infrastructure is housed in a controlled access facility, allowing only authorized individuals with positive identification to enter the premises. The network infrastructure is protected by a firewall and traffic is monitored and logged on both the firewall and the servers. IT activities, such as software modifications or enhancements, are carried out over secure, encrypted links between the Company’s offices and that of its engineers. All employees with access to personally identifiable information will be properly trained in Company security policies and practices. The Company will continue to conduct internal audits of its security systems and make all necessary enhancements to ensure the safety of the Service and its users.
C. Disclaimer. While the Company will deploy the latest advancements in secure technology, given the open nature of the Internet and the proliferation of electronic espionage and other organized efforts by hackers to steal valuable information from companies, individuals and even nations, we cannot guarantee that any personally identifiable information stored on our servers or those of our vendors, or transmitted to the Service or among and between you and other users, will be free from unauthorized access. The Company specifically disclaims any liability for any theft or loss of, unauthorized access or damage to, or interception of any of Your Information, including but not limited to personally identifiable information.
A. Cookies. A cookie, also known as a web or browser cookie, is a small text file that is placed on one’s computer hard disk by a web server. Cookies cannot be used to run programs or deliver viruses to the hard disk. Cookies are uniquely assigned to the user and can only be read by a web server in the domain that issued the cookie to that user. The Service will use both session and persistent “cookies” to help personalize and enhance the user experience. You can learn more about browser cookies at http://en.wikipedia.org/wiki/Internet_cookies.
“Session cookies” are temporary and are used to verify unique session status of users while they are interacting with the Service from their computer or wireless device. Usage of a session cookie is in no way linked to any personally identifiable information while on the Service. A session cookie disappears after you close your web browser.
“Persistent cookies” remain on your hard drive after you close your web browser and are used to save you time and effort by telling the web server that you have returned to a specific page. For example, if you personalize the web pages of the Service, a persistent cookie helps the Service recall your specific information on subsequent visits. This technique simplifies the process of recording personally identifying information, such as email addresses and telephone numbers, helps you log in faster and ultimately enhances your navigation through the Service.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can easily modify browser settings to decline cookies or to indicate when cookies are being sent to your hard drive should you prefer more direct control over cookie assignments. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Service. However, if users reject cookies on the Service, they may still use the Service.
B. Web Beacons and Other Technologies. The Service may use “web beacons” and related technologies to track your use of the Service. We may also include web beacons in email messages or newsletters to determine whether messages have been opened and acted upon. When aggregated, this tracking information allows us to customize and further refine the Service and to measure its overall effectiveness.
C. Log Files. Our servers automatically record certain information sent by your web browser to the Service. These server logs will include information such as your ISP, IP address, browser type, referring / exit pages and URLs, nature and number of clicks and how you interact with the Service and hyperlinks on the Service, domain names, landing pages, pages viewed, mobile carrier and other such industry-standard technical information. The Service captures this information solely for the purposes of analysis. This information is intended for internal use only and will not be disclosed to third parties. Log files may assist the Company in any effort to discover the identities of unauthorized users of the Service in the event of a breach of security or to enforce compliance with the Agreement. Log files are also used to provide you with the ability to analyze and understand all activities within Your Account.
7. PROTECTION OF CHILDREN
The Company values the privacy of young children, so the Service is not directed to persons under the age of thirteen (13). We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service. If we learn that the Service contains personal information from or about a child under 13 without prior verification of parental consent, as required by law, we take immediate steps to remove that information. If you believe that the Service might contain any information from or about a child under 13, please contact us at firstname.lastname@example.org.
8. “OPT-OUT” OPTIONS; UPDATING YOUR INFORMATION
You may “opt out” of receiving non-transactional communications or modify Your Account Information at any time. To “opt-out” of email or text messages, please contact the Company at your earliest opportunity by sending us an email at email@example.com. In the body of the email, please indicate your desire to opt-out of receiving the email or text message. If not self-evident, please provide a brief description of the communication withi20n your email to us.
You can log into Your Account to make changes to Your Account Information or use any of the following options:
1. You may send an email to firstname.lastname@example.org.
2. You may send regular mail to Asset Record Company® at the following postal address:
1550 Utica Avenue S., Suite 460, St. Louis Park, Minnesota 55416 USA.
3. You may call us at: 1 + 952-746-4659
9. CHANGES TO THIS STATEMENT
The Company will promptly update this Statement in response to security threats and to comply with applicable laws and regulations governing the confidentiality, protection and security of personally identifiable information. We may also modify our privacy practices to reflect user experience and feedback. The Company encourages you to periodically review this Statement to be informed of how the Company is protecting the confidentiality and security of personally identifiable information.