Usablenet Privacy Policy 
Last updated: August 2014

 

Usablenet respects your privacy and takes the protection of personal information very seriously. This Privacy Policy (the “Policy”) describes the information we collect and how we protect your privacy in connection with your use of the Usablenet website currently located at http://www.usablenet.com (the “Site”).

 

BY USING THE SITE, YOU CONSENT TO THE PRIVACY PRACTICES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SITE.

 

What Personal Information Do We Collect?

Personal information is information that can be used to establish the identity of an individual user. You may visit the Site without giving us your personal information. However, you may choose to provide your personal information to Usablenet. The amount and type of information Usablenet gathers will depend on the nature of your interaction with the Site. For example, you may provide personal information to ask about our services, post a comment, report a problem, sign up for notifications of updates to our blog site or apply for a job. The type of personal information you provide may include name, phone number, mailing address, e-mail address and information from your resume such as educational background and work history. Usablenet may store this personal information on its servers or elsewhere for an indefinite period of time.

 

How Do We Use Your Personal Information?

Usablenet may use personal information you provide to respond to your requests or inquiries, or otherwise fulfill the purpose of your interaction with Usablenet. Usablenet may also use the contact information you provide to communicate with you from time to time about our services and products, third party services and products that we believe may be of interest to you, or requests for feedback.

 

Usablenet uses a third party online commenting system that allows visitors to post comments on the Site. In order to post a comment you will need to enter your e-mail address. Your comments and e-mail address may be shared with the third party online commenting system, and their use and disclosure of such information is governed by the commenting system’s privacy policy.

 

Please note that Usablenet is not responsible for the information you volunteer about yourself in the discussions in our forums, blogs, or other publicly accessible interaction. We discourage users from posting personally identifiable information in this fashion, and any personally identifiable information you post to these areas is not covered by this Policy.

 

What Anonymous Information Do We Collect and How Do We Use Your Anonymous Information?

Anonymous information is information that may be collected by web browsers and servers, but that cannot be traced to a specific personal identity (for example, browser type, IP address, operating system, language preference, referring site, or the date and time of visitor requests). Usablenet uses cookies, such as Google Analytics, to collect, store and sometimes track anonymous information for development of statistical information, and to improve user experience by tracking Site preferences. Usablenet may also use anonymous information to collect and publish aggregate statistics, including statistics about the behavior of Site visitors. Usablenet may also use cookies to track the effectiveness of e-mail marketing campaigns. Usablenet may store anonymous information on its servers or elsewhere for an indefinite period of time.

 

A “cookie” is a small data file that a website stores on your computer when you visit, and which your browser will provide to the website each time you return. Usablenet does not collect any personal information through its use of cookies. You can set your browser to refuse cookies before using the Site, or to be notified as soon as cookies are sent. However, if you decide not to accept Usablenet’s cookies, certain features of the Site may not function optimally.

 

An Internet Protocol (“IP”) address allows web servers to identify your computer by a unique string of numbers assigned to your computer. Usablenet collects IP addresses but does not use the information to identify its visitors, other than to collect demographic information, help diagnose problems with our server, administer the Site, or as otherwise described in this Policy.

 

Is Your Personal or Anonymous Information Shared?

Usablenet does not sell your personal information to third-parties. Access to personal information collected by Usablenet is limited to employees, contractors and agents of Usablenet or Usablenet’s affiliates who are bound by non-disclosure obligations. By using the Site and by providing us your personal information, you consent to the disclosure and transfer of personal information to such employees, contractors, agents and affiliates, who may be located anywhere in the world. Usablenet may use and disclose your anonymous and personal information in the following circumstances, in addition to circumstances described elsewhere in this Policy:

 

  • When you have consented to such use or disclosure;
  • With third party vendors or internally in the course of operating our business. For example, we may hire a third party vendor to analyze trends among our visitors. To ensure that your personal information is protected, our third party vendors may not use or disclose your personal information for any other purpose;
  • As part of any merger, acquisition, or other business transfer. For example, if a company acquires part of our business, and your personal or anonymous information is part of the acquired assets, then such information will be transferred to the acquiring company;
  • When we believe in good faith that disclosure is appropriate to comply with law, regulation or legal process, such as a subpoena or court order; and
  • To enforce or protect our rights, property or safety, or the safety of others in an emergency situation.

 

Compliance With Laws

Usablenet is committed to complying with applicable law and regulation. If permitted by applicable law of the jurisdiction in which you reside, you have the right to request access to, and correction or deletion of, your personal information controlled by Usablenet, if any. You can do this by contacting us via the email or mailing address listed below.

We are also dedicated to complying with the Children’s Online Privacy Protection Act (“COPPA”). The Site is not intended for use by those under the age of 13. If you are under the age of 13, please do not continue to use this Site or provide personal information of any kind whatsoever. If you are a parent who believes that your child has provided us with personal information, you can contact us via the e-mail or mailing address listed below. We will promptly delete information relating to a child under the age of 13.

 

California Residents

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings.  We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.  We continue to review new technologies and may adopt a standard once one is created.

Users of the Site that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request please contact us via the e-mail or mailing address listed below.

 

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 

International Transfer

If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information and permitting the transfer of information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Policy.

 

External Links

If any part of the Site links you to other websites, including links to social media sites, those external websites do not operate under this Policy. We recommend that you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

 

Changes to Policy; Contact Information

Usablenet reserves the right to change this Policy at any time, in its sole discretion, by posting the updated Policy on this page. Your continued use of the Site following the posting of the updated Policy constitutes your acceptance of such changes.

If at any time, you wish to update your information or would rather not receive communication from us, please let us know by contacting us at the email or mailing address listed below.

If you have any comments or questions about this Policy, please e-mail info@usablenet.com or contact us by mail at Usablenet Inc., 142 West 57th Street, 7th Floor, New York, NY 10019.

 

 

Usablenet Terms of Use

Last Updated: August 2014

 

These terms of use (“Terms”) are a legal agreement between you and Usablenet Inc. (“Usablenet”). By accessing, browsing and/or using the Usablenet website (the “Site”) you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, please discontinue your use of the Site.

 

User Content

“User Content” is any comment, photo, website link, or any other content that you and/or other users of the Site post or otherwise make available on or through the Site. You are solely responsible for your User Content, your interactions with other users and your activity on the Site. Do not take any action or post anything that may expose Usablenet or its users to any harm or liability of any type. You represent that you own or control all rights in any User Content that you post on the Site and such User Content does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights.

 

Usablenet does not prescreen, but reserves the right to edit, remove, or refuse to post any User Content. Usablenet does not guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Usablenet is not undertaking any obligation or liability relating to any User Content or activities of users on the Site. Even in the event Usablenet chooses to monitor any User Content, Usablenet assumes no responsibility for, or any obligation to monitor or remove, such User Content.

 

Third Party Services

The Site may utilize applications or services operated by a third party or contain links to a third party site (“Third Party Services”). Usablenet does not endorse, monitor or have any control over these Third Party Services, which have separate terms of use and privacy policies. Usablenet is not responsible for the content or policies of Third Party Services.

 

Intellectual Property

The Site and its entire contents, features and functionality, including but not limited to all trademarks, logos, slogans, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (“Site Content”), are owned by Usablenet, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not mirror any of the Site Content on another website or in any other media. This Site and Site Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Usablenet’s prior written consent, except that Usablenet grants you non-exclusive, non-transferable, limited permission to access and display the Site and Site Content, solely for your personal or internal business use. Except for the limited permission in the preceding sentence, Usablenet does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. All rights not expressly granted are reserved.  

 

Disclaimer of Warranty; Limitation of Liability

The Site and its contents are provided “as is” and Usablenet makes no representation or warranty of any kind with respect to any content on the Site. Usablenet expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will Usablenet be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or related to any content on or accessed through the Site.

 

Indemnification

You hereby agree to indemnify, defend and hold harmless Usablenet, its subsidiaries and affiliates, officers, partners, employees, and vendors from any claims, expenses, judgments, losses, damages and costs, including without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of the Site, your conduct with other users of the Site, or any violation of these Terms or applicable law. You shall cooperate as fully as reasonably required in the defense of any such claim. Usablenet reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

Privacy

All information collected on this Site is subject to Usablenet’s privacy policy, located above, and such privacy policy is incorporated into these Terms by reference.

 

Changes

Usablenet may revise and update these Terms from time to time in its sole discretion and without notice. All changes are effective immediately once posted on this Site. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

General

These Terms and all related claims shall be governed, construed, and enforced in accordance with the laws of the State of New York, without giving effect to its conflict of laws principles and you submit to the exclusive jurisdiction of courts located in New York state. If any provision in these Terms is held unlawful or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. Usablenet may transfer, assign or delegate the Terms and its rights and obligations without your consent. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.