TERMS OF USE AND PRIVACY

Terms of Use

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

Use License

1) Permission is granted to temporarily download one copy of the materials (information or software) on Arborgold’s website for personal,
 non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a) modify or copy the materials;
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on Arborgold’s website;
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or “mirror” the materials on any other server.

2) This license shall automatically terminate if you violate any of these restrictions and may be terminated by Arborgold at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Arborgold’s website are provided “as is”. Arborgold makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Arborgold does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Arborgold or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Arborgold’s Internet site, even if Arborgold or an Arborgold authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Arborgold’s website could include technical, typographical, or photographic errors. Arborgold does not warrant that any of the materials on its website are accurate, complete, or current. Arborgold may make changes to the materials contained on its website at any time without notice. Arborgold does not, however, make any commitment to update the materials.

Links

Arborgold has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Arborgold of the site. Use of any such linked website is at the user’s own risk. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Site Terms of Use Modifications

Arborgold may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Arborgold’s website shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.

Privacy Policy

This Privacy Policy describes Arborgold’s (“Arborgold”, “we” or “us”) practices regarding the collection, use and disclosure of the information we collect from and about you when you use Arborgold’s website or learning management system.

By accessing or using our website or learning management system, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices and uses or disclosures of information about you that are described herein.

Information We Automatically Collect

In order to deliver personalized and relevant information to you through our websites, we collect certain information from users. Please do not provide any sensitive information or health information. We do not want, nor will we ask for sensitive information. Arborgold’s web presence is not designed to process sensitive information. We collect personal information, such as your name, email address, phone number and contact information, company name, title, division, industry and location when you log in or opt in for one of our complimentary education resources. We may also deliver surveys and inquire about voluntary client testimonials based on the programs offered. If you make a purchase, we will collect your payment, billing and shipping information.

We also collect information about you from third party sources, such as your Facebook ID via third-party technology providers. Information we collect about you from these third parties may include your name, title, company name, address, phone number, website address, email address, social media profiles, and demographic data such as course content interests. This Privacy Policy describes Arborgold’s collection and handling of your personal information, you should also refer to the privacy notices of any third parties in respect of their disclosure of your personal information to us.

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. We use third-party services to collect payment. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

We may automatically collect the following information about your use of Arborgold websites and learning management portal through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit or arborgold.com; and the referring URL, or the webpage that led you to arborgold.com. Some of this information may be treated as personal information, in accordance with applicable local laws. We may combine this information with other information that we have collected about you, including, personal information. Please see the section “How We Use Cookies” below for more information.

How We Use Cookies

We use “cookie” technology to collect additional website usage data and to improve our services. A cookie is a small data file that we transfer to your computer’s hard drive through your web browser (if you allow) that enables us to recognize your browser and capture and remember certain information. We can correlate the cookie to the user’s login name in our database and then determine the name of the user. We do not otherwise use cookies to collect personally identifiable information. We use cookies to compile aggregate data about site traffic and site interactions, in order to improve the user experience and our products and services, to offer better site experiences and tools in the future, and to display personalized content and materials (including marketing materials).

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. If you turn cookies off, some features will be disabled, and some of the features that make Arborgold’s website experience more efficient may not function properly.

Clear GIFs, pixel tags and other technologies.

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags) in connection with Arborgold websites to, among other things, track the activities of visitors and users, help us manage content, and compile statistics about usage of our websites We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:

  • Remarketing with Google AdSense
  • Google Display Network Impression Reporting
  • Demographics and Interests Reporting
  • DoubleClick Platform Integration

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

• Users can visit our site anonymously.
• Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
• Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
• You will be notified of any Privacy Policy changes on our Privacy Policy Page and you can change your personal information by emailing us.

Third-Party Analytics

We use automated devices and applications, such as Google Analytics, Facebook Pixels, and Infusionsoft Tracking to evaluate usage of our websites. One of our providers is Google Analytics and more information about the ways in which they process your personal information can be found here:

https://www.google.com/policies/privacy/partners. We use these tools to help us improve our websites’ performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Do-Not-Track

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

CAN SPAM Act And Use of Your Information

We may use the information we collect from you in the following ways:

  • To provide our services to you, including to deliver appropriate training and email training notifications to you.
  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To deliver products.
  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To ask for ratings and reviews of our services and products.
  • To improve Arborgold websites in an order to better serve you.
  • To contact you for marketing purposes, including to send you personalized and relevant information through email and text messaging in accordance with local law and consent requirements. You may unsubscribe from our mailing lists at any time by using the “unsubscribe” feature in any marketing emails you receive from us.
  • To provide customer support and to follow up with you after correspondence (live chat, email or phone inquiries).
  • To offer and deliver content based on vertical markets and/or your initial training path.
  • To comply with applicable legal obligations, including responding to a subpoena or court order.
  • Where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Policy.
  • We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

  • In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur, we will notify you via email within 7 business days.
  • We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN SPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. We have put in place security measures to safeguard and secure the information we collect on our websites. Nonetheless, the transmission of information via the Internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically, and transmission of such data is therefore entirely at your own risk.

Disclosing Your Information

We do not share your personal information you enter into our websites or webforms for third-party marketing use. However, we may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf. We take appropriate steps to ensure that such third parties treat your personal information with the same consideration that we do. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Tree Management Systems, Inc. dba Arborgold is a U.S. company. In accordance with local laws, we will take steps to ensure that your personal information receives an adequate level of protection as required by applicable law, such as through the use of the EU standard contractual clauses approved by the European Commission, relevant national equivalents outside the EU, or other safeguards as permissible. By providing us with your personal information, you expressly acknowledge that we may transfer your personal information to, or access it in, jurisdictions which may not provide equivalent levels of data protection to your home jurisdiction.

We may also share information in the following circumstances:

  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which Arborgold is involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Special Information for California Consumers; Your California Privacy Rights

California residents may request a list of all third parties to which we have disclosed certain personal information about you for the third party’s own marketing purposes. You may make one request per calendar year. In your request, please attest that you are a California resident and provide a current California address for our response to you. We will respond to you within thirty (30) days. You may request this information in writing by contacting the Privacy Officer identified in section “Contacting Us” below.

Third-Party Websites and Interaction

Arborgold websites may contain links to third-party websites or applications which are outside our control and are not covered by this Privacy Policy. If you access other sites or applications using the links provided, the operators of those sites may collect information from you which will be used by them in accordance with their privacy policy and terms of use, which may differ from ours. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

Users Only of Legal Age of Majority

Arborgold’s website, application, and learning sites are designed and may only be used by those who have reached the age of majority (18 years of age in most jurisdictions). By entering information on our websites or using our learning management system, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

Access to Information

If you believe that any information we are holding about you is incorrect or incomplete, or have any complaints about our web presence, please inform us as soon as possible at the address below. We will respond to your request in accordance with applicable local law.

You can also update certain of your personal information by logging in in to your account or contacting us below. Please note that we may maintain a copy of any personal data that you have updated for a period of time as part of our backups and business records; please see the “Retention of Your Information” section below for an explanation of our retention practices.

EU users have additional rights in respect of your personal information; for example, to access or erase your personal information, object to our use of it, or require it be made available in a portable format. If these rights apply to you, and you would like to exercise them, please contact us using details set out below.

Retention of Your Information

Arborgold applies a general rule of keeping your personal information for only as long as is required to fulfill the purposes for which it was collected. However, in some circumstances we may retain personal information for longer periods of time, for instance where we are required to do so in accordance with legal, tax or accounting obligations, or where we would like to have an accurate record of your dealings with us in the event of any complaint or challenge.

Changes to this Policy

We do update this Privacy Policy from time to time so please review this Privacy Policy regularly. We reserve the right to modify this privacy policy at any time. If we materially alter our Privacy Policy, we will notify you of such changes by posting a notice on our website. Your continued use of Arborgold websites and learning management system will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using our programs and you should notify us that you do not want your information used in accordance with the changes.

Questions and Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@arborgold.com or by mail at 101 W Kirkwood, Suite 312, Bloomington, Indiana 47404.