Engaging New Media, LLC (the “Company,” “we,” “us” or “our”) respects the privacy of the personal information you have entrusted to us. This Privacy Policy applies to the online and offline collection of personal information by the Company. By using our website and services (collectively, the “Services”), you acknowledge you have read and understood the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Services.
Please note the arbitration provision set forth below, which, except where and to the extent prohibited by law, requires you to arbitrate any claims you may have against the company on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
We collect the following personal information:
- First and last name, email address, and organization name.
- Email address when you sign up to receive email notifications, including marketing communications, from us.
- Email address and the content of any communication when you contact us.
- Photographs and other media depicting your business premises and activities.
We, and third parties we allow, use cookies and other similar technologies on our website. Cookies are small text files placed on a user’s device that uniquely identify the device and which a website can transfer to a user’s hard drive to keep records of his or her visit to a website. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain in further detail below:
- Essential: Some cookies are essential in order to enable you to move around our website and use their features, such as accessing secure areas of our website. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
- Analytics: Google Analytics.
- Targeted Advertising: Google Adwords.
There are several ways to manage cookies. You can control the use of cookies at the browser level by instructing your browser to accept cookies, disable cookies, or notify you when receiving a new cookie. Please note that if you reject cookies, you may still use our websites, but your ability to use some features or areas of our websites may be limited.
We use the personal information we collect from you for the following purposes:
- To provide our Services.
- To send you newsletters.
- To respond to inquiries.
- To improve user experiences by making our websites easier to use and navigate.
- For event planning purposes. For other legitimate business purposes.
We may share or disclose your information to the following categories of third parties:
- We share your personal information with third party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us. These third parties only have access to your personal information for the specific purpose of providing their services to us.
- We may share your personal information in the course of any direct or indirect reorganization process including, but not limited to, mergers, acquisitions, bankruptcies and sales of all or substantially all of our assets.
- We may disclose your personal information to law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property, security or safety.
Our services are not intended for users under the age of 18. We do not knowingly collect personal information from children, and none of our services are designed to attract children. In the event that we learn that a child has provided personal information to us, we will delete such personal information as soon as possible.
We provide you with the opportunity to opt out of marketing communications by clicking the “unsubscribe” link in email communications or by contacting us at contact@engagingnewmedia.com. We will process your request as soon as possible in accordance with applicable law. Please be aware that in some circumstances, you may receive a few more messages until the request to unsubscribe is processed.
Additionally, we may send you information regarding our services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
We implement reasonable security measures to ensure the security of your personal information. However, please understand that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any personal information you transmit to us, and you understand that any information you transfer to us is done at your own risk.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using our services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues related to your use of the services.
The Company is based in the United States (“US”). If you choose to provide us with information, please understand that your personal information may be transferred to the US, and we may transfer that information to our affiliates and subsidiaries or to other third parties across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.
If you are visiting from the European Union (“EU”) or other regions with laws governing data collection and use that may differ from US law, please note that you are transferring your personal information to the United States and other jurisdictions that may not have the same data protection laws as the EU. You acknowledge that you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personal information may be transferred to the US and other jurisdictions as indicated above, in accordance with applicable law.
Except where and to the extent prohibited by law, by using the services, you and the Company agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the services or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: (i) Engaging New Media, LLC, at contact@engagingnewmedia.com or (ii) you, at the address we have on file for you.
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
This Privacy Policy has been made in and shall be construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of New York, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the “Last Updated” date at the top of this Privacy Policy. If we make material changes to the Privacy Policy, we will notify you by placing a prominent notice on our website. We encourage you to periodically review this Privacy Policy to stay up to date on how we are handling your personal information.
If you have any questions, comments, or concerns about our privacy practices or this Privacy Policy, please contact us via email at contact@engagingnewmedia.com.