Privacy Policy
Privacy Policy
All of us at Advanced Smart Systems and Evaluation Technologies, LLC, a South Carolina limited liability company d/b/a ASSET ("ASSET," "we," "us," or "our"), are concerned about privacy and want (i) you and your employees, contracts, agents, and representatives (collectively, "you," "your," or "user"); (ii) anyone under your custody, control, or supervision or otherwise receiving your services which necessitated the transmission to you of their Personal Information ("your Supervisees"); and (iii) as well as all of our other users of our web-based application (together with all functionality associated therewith, the "Application"), to be familiar with how we may collect, use, and disclose your Personal Information (as defined below) as well as the Personal Information of others, including your Supervisees, for the provision of our services accompanying and ancillary to the Application (our "Services"). This Privacy Policy (the "Policy") describes our current practices in connection with privacy and also describes the Personal Information we collect or otherwise may collect through or in connection with the Application.
Unless expressly excluded therein, this Policy shall be incorporated into any "Terms & Conditions" established by ASSET, as may be amended from time to time (the "Terms"), as well as any agreement or written understanding by and between you and ASSET, unless expressly excluded therefrom (each an "Agreement"). Should an Agreement or the Terms conflict with any provision of this Policy, the controlling order of priority shall be first and foremost the Agreement, then the Terms, and then this Policy. This Policy may be updated or modified by us, from time to time, without notice to you.
- Personal Information Defined: Your "Personal Information" means any and all information
that can identify you or your Supervisees (as applicable), directly or indirectly, whether alone or in the
aggregate, and includes, but is not limited to, your legal or entity name, address, telephone number, email
address, date of birth, financial information, personal health information, or any similar personal
information, as applicable, as well as information regarding your usage of the Application and all private
information you submit to us, directly or indirectly, when using or accessing the Application.
Additionally, your Personal Information includes your non-personal information and/or that of your
Supervisees when connected with or otherwise linked to Personal Information.
- Collection of Personal Information: You are not required to provide any Personal Information to us, unless you
choose to utilize the Application and such Application or any aspect or part thereof so requires the
provision of such Personal Information. If you so choose, we may collect Your Personal Information in
a variety of scenarios and/or manners (including, automatically) when you use or access the Application,
including, but not limited to, when you: register for the Application, as may be required; create an Account
(as defined in the Terms); use our Services; and/or otherwise engage with, contact, or communicate with
us. We may also receive information about you from third-party sources, as applicable in relation to
the Services we provide in conjunction with the Application.We may use tracking technologies,
including, but not limited to, cookies, web beacons, embedded scripts, location-identifying technologies, file
information, and similar technology, to automatically collect: usage and device information, including
information about your computer, mobile device, or other compatible devices (each a "Device"), hardware, and
software (e.g., your IP address, browser type, ISP, operating system, date and time stamp, and other similar
information); information about how you access and use the Application (e.g., from when and where did you
access the Application, where did you go after you stopped using the Application, the pages you visited, the
links you clicked, and other actions you take on the Application); and analytics information (e.g., to
measure traffic and usage trends and to record and assess demographics information of our users).
Additionally, we may use these same or similar technologies to personalize your experience and improve the
Application, our Services, and your convenience (e.g., to recognize you when you return, to remember
information you have already provided, and to deliver content tailored to you).
We may also work with third-parties to employ technologies, including the application of statistical modeling tools, that permit us to recognize and contact you across multiple devices and mediums and collect information related thereto.
We may collect and obtain information about your physical location through geolocation features on your Devices, including GPS (e.g., latitude and/or longitude), as well as inferences drawn based on other information we collect (e.g., IP Address). - Use and Disclosure of Collected Personal Information: We may use the Personal Information collected for those purposes as we deem, in
our sole and absolute discretion, necessary or appropriate for the provision of the Application and our
Services, including, but not limited to, enhancing the Application and our Services and personalizing your
experiences. Without limiting the foregoing, we may use your Personal Information
to:
- process and effectuate your registration for an Account with the Application;
- verify the information you provided to ensure its truth, completeness, and accuracy;
- send you information regarding the Application, this Policy, and the Terms, including changes thereto
(*Note that because this information may
be material to your use of the Application, you may not opt out of receiving such
communications);
- send you other notifications, including through e-mail transmission, text message, telephone call,
two-factor authorization, or similar media, in any other manner related to our Services and the
provisions of any Agreement between you and us;
- perform analytics and conduct customer research;
- assist with our internal business purposes;
- personalize the Application for you and our other users;
- make the Application more convenient and user-friendly;
- enforce our Terms, as may be amended from time to time;
- comply with applicable laws and regulations, including, where applicable, the Health Insurance
Portability and Accountability Act, as may be amended from time to time, along with all implementing
regulations (collectively, "HIPAA");
- respond to your questions and comments to us; and
- troubleshoot technical and other problems with the Application and/or our Services.
- process and effectuate your registration for an Account with the Application;
- Sharing Your Personal
Information: Except as may
be prohibited or limited by applicable law, we may share your Personal Information with:
- Our members, managers, directors, officers, employees, contractors, agents, licensees, affiliates,
subsidiaries, parent companies, insurers, attorneys, representatives, successors, and assigns for
purposes of the operation of the Application, the provision of our Services, and our related business
activities;
- third-party service providers who provide services on our behalf (e.g., website hosting, IT services,
customer service, and other similar services);
- third-parties such as attorneys, governmental agencies, and law enforcement authorities pursuant to
valid requests in connection with alleged violations of our Terms, other alleged contract violations,
actual or alleged infringement, actual or suspected harm to persons or property, or alleged violations
of applicable laws or regulations;
- third-parties as needed to detect, prevent, or otherwise address actual or suspected fraud, harassment,
security, or technical issues or any violations of the Terms, this Policy, or any law or regulation
applicable to the Application and/or our Services, including;
- an affiliate, subsidiary, parent, or other third-party, as applicable, in connection with a
reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any
portion of our business or assets (including without limitation in connection with any bankruptcy and/or
similar proceedings); and
- those other persons or entities, as we believe to be appropriate: (i) pursuant to applicable law; (ii)
to comply with legal process; (iii) to respond to requests from public and government authorities,
including public and government authorities; (iv) to enforce our Terms and other policies or conditions
related to the Application and/or our Services; (v) to protect the Application, our Services, and our
operations and/or those of any of our affiliates, subsidiaries, parents, or other related entities, as
applicable; (vi) to protect our rights, privacy, safety, and/or property, including, but not limited to,
our IP Rights (as defined in the Terms), and/or any of the foregoing relative to our affiliates,
subsidiaries, parents, related entities, you, and/or others, as applicable; (vii) to permit us to pursue
available remedies and/or limit the damages that we may sustain; and (viii) for recordkeeping
purposes.
Furthermore, except as may be prohibited or limited by applicable law, we may also share your Personal Information which has been aggregated or de-identified in such a manner so that what is shared does not uniquely identify you or any other user.
By using the Application, you acknowledge and agree that we may share your Personal Information with those persons and entities referenced in this Policy and all other persons and entities that we deem necessary or appropriate for purposes of the operation of the Application, the provision of our Services, and the performance of our business activities, all subject to applicable law.
- Our members, managers, directors, officers, employees, contractors, agents, licensees, affiliates,
subsidiaries, parent companies, insurers, attorneys, representatives, successors, and assigns for
purposes of the operation of the Application, the provision of our Services, and our related business
activities;
- NO LIABILITY: UNDER NO CIRCUMSTANCES AND IN NO EVENTS, SHALL
ASSET OR ANY OF ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES,
INSURERS, ATTORNEYS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, AS APPLICABLE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, AND CONSEQUENTIAL DAMAGES; LOST PROFITS; DAMAGE TO
GOODWILL; PUNITIVE DAMAGES; OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OF, OR INABILITY TO USE, THE APPLICATION AND ANY FEATURES THEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY
INFORMATION YOU DISCLOSE.
- Third-Party Sites: Except as expressly set forth herein, this Policy
does not address the practices or policies of any third-party, including without limitation any of our
affiliates and/or any third-party operating any site to which the Application contains a link. Any
inclusion of links or references to a third-party website on the Application does not imply endorsement of
the linked site by us or by our members, managers, directors, officers, employees, agents, licensees,
affiliates, subsidiaries, parent companies, insurers, attorneys, representatives, successors, and/or
assigns, as applicable. Please note that your access and/or use of any third-party website, including
your provision of any information and/or other content to such sites, is entirely at your sole risk.
We encourage you to read the policies and terms of every website you visit. We are not responsible for
the policies or practices of third-parties.
- Security: We use reasonable (determined in our sole and
absolute discretion) physical, technical, organizational, and administrative security measures designed to
protect Personal Information under our control. However, no provision or other transmission of
Personal Information over the Internet or data storage system can be guaranteed to be 100% secure.
Therefore, you acknowledge and agree that we cannot make, and have not made, any representations or
warranties regarding the security or ultimate privacy of your Personal Information. If you have reason
to believe that your interaction with us is not secure, you must immediately notify us of the problem by
contacting us in accordance with the Terms.
- Control over Your Personal
Information: You may
review, correct, and/or update certain elements of your Personal Information in your Account or through the
Application, as may be applicable. However, we are not responsible for reviewing, correcting, and/or
updating Personal Information maintained in the databases and/or other records of third-parties with whom we
have shared your Personal Information in accordance with this Policy.
- Data Retention: We may retain Personal Information for at least
the period reasonably necessary to fulfill the purposes outlined in this Policy, unless a longer retention
period is required or permitted by law. If we delete some or all of your Personal Information, we may
continue to retain and use aggregate or anonymous data previously collected and/or aggregated or may
anonymize your Personal Information.
- Personal Information of
Children: Under no
circumstances is the Application directed to and/or intended for use by individuals under the age of
eighteen (18) years, and we do not knowingly collect Personal Information from anyone under the age of
eighteen (18) years.
- California; Other Countries: If you are a California resident, you may have
certain rights under the California Consumer Privacy Act ("CCPA"), as may be amended from time to time, including
the right to: (i) request access to, details regarding, and a copy of the Personal Information we have
collected about you and/or shared with third-parties; (ii) request deletion of the Personal Information that
we have collected about you; and (iii) the right to opt-out of sale of your Personal Information. As the
terms are defined under the CCPA, we do not "sell" your "Personal
Information."
If you are a user in the European Economic Area or the United Kingdom, you may have certain rights under the respective European and UK General Data Protection Regulations ("GDPR"), as may be amended from time to time. These include the right to: (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time.
To the fullest extent permitted by applicable law, including, but not limited to, the CCPA and/or the GDPR, as may be applicable, if you access or otherwise use the Application from outside the United States, by so accessing or otherwise using the Application, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country of access. By providing your Personal Information, you consent to such transfer. - Disclaimer: If you choose to access the Application, you do so
at your own risk, and you are solely responsible for complying with all applicable laws, rules, and
regulations, including pursuant to HIPAA, as may be applicable. We may limit the availability of the
Application, in whole or in part, to any person, geographic area, and/or jurisdiction we choose, at any time
and in our sole and absolute discretion. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE NO REPRESENTATIONS OR WARRANTIES TO YOU
REGARDING THE PRIVACY AND/OR SECURITY OF YOUR PERSONAL INFORMATION (EXCEPT AS MAY BE REQUIRED BY APPLICABLE
LAW), AND ANY SUCH REPRESENTATION OR WARRANTY MADE, EXPRESSLY OR IMPLIEDLY, IS HEREBY DISCLAIMED.
- Changes to this Policy: We may update or modify this Policy from time to time and without prior notice to you. Changes to this Policy will be effective as soon as they are posted, unless a later effective date is note. By continuing to access and/or use the Application and/or our Services after the effective date of any revised Policy, you agree to be bound by the revised Policy. Should you not agree to this Policy and/or any new or updated terms of the Policy that may be effective from time to time, do not use or continue to use the Application or our Services.
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