Effective Date: May 25th, 2018
- assp.org (our main consumer-focused website)
- foundation.assp.org (our philanthropic division website)
- jobs.assp.org (our careers website)
- How and why we collect your Personal Information;
- How your Personal Information is used and protected;
- When and with whom we share your Personal Information; and
- What choices you can make about how we collect, use, and share your Personal Information.
- How we store, use, transfer, and retain your Personal Information.
We collect your Personal Information for various purposes, such as, but not limited to, corresponding with you, informing you about your account, security updates and product information, processing your application, providing you with services, processing your order, providing you with a subscription, or other purposes.
We may combine the information we collect from you with information obtained from other sources to help us improve its overall accuracy and completeness, and to help us improve our business and better tailor our interactions with you.
In addition, we may also collect information relating to your use of our Websites through the use of various technologies, including cookies.
Examples of Uses
- To create a user account.
- To fulfill your requests by us or by others involved in fulfillment.
- To contact you for customer satisfaction surveys, market research or in connection with certain transactions.
- To support products or services you have obtained from us.
- To share with our service providers who provide services to us in support of our business.
- To personalize your experience while you are on our Websites, make navigation easier, and for Website usage statistics.
- By us and selected organizations for marketing purposes.
When we collect information from you, other than cookies, you may tell us that you do not want it used for further marketing contact.
You may also turn off cookies in your browser.
You can view or edit your Personal Information online or contact us to do so. You can also contact us to delete your information completely.
You can also opt out from receiving certain communications from us by visiting our opt-in/out page.
Acknowledgement and Consent
In email, text and other electronic messages between you and us.
When and where available, through mobile and desktop applications, which provide dedicated non-browser-based interaction between you and us.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, to provide and improve the Services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third-parties, but only as described below.
We are not responsible for the practices of sites linked to from the Services, and before interacting with any of these sites you are advised to review their rules and policies before providing them with any private information.
Individuals Under the Age of 18
As noted in the Terms, we do not knowingly collect, solicit or maintain Personal Information from anyone under the age of 18 or knowingly allow such persons to register for our Services. If you are under 18, please do not send any Personal Information about yourself (such as your name, address, telephone number, or email address) to us. No one under age 18 should provide any Personal Information to or on the Services. In the event that we learn that we have collected Personal Information from a child under age 18 without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database. Please contact us if you have any concerns.
Information We Collect About You and How We Collect It
As a general matter, Non-Personal Information helps us determine how our website is being used, helps us identify popular areas of the website and helps determine the effectiveness of our promotional activities regarding the website. Only statistical data, such as the number of hits per page, is collected.
To gain access to members-only resources and personalization features on our Websites, members and other users are asked to voluntarily register and/or provide their member login, as well as provide some limited information. We ask members to provide their name, member number, business phone, and email. Similar information may be submitted to us through membership applications, conference or seminar registration, publication orders, subscriptions and contest registrations. We use this information to enhance our products and distribution of those products to our members.
Our Websites use forms for users to request information, products and services. We will collect visitor contact information (such as email address) and method of payment. Contact information from the form is used to process orders and to send information about us. User payment information is used to bill the user for products and services. Payment processing Websites have a secure certificate issued by a certifying agency. The organization has verified the organizational name and that we have the proof of right to use it. Our Websites legitimately run under our auspices. All information sent to our Websites, if in an SSL session, is encrypted. We collect purchase information which we may later use to provide personalized marketing content.
Our online surveys may collect respondents’ contact information (such as email address) and demographic information (such as zip code, age). We also may use data from our surveys to send you information about our organization.
Membership Registration Forms
Our online forms require users to give us contact information (such as name and email address), method of payment and demographic information. We use contact information from the forms to send the user information about our organization. The contact information is also used by us to contact the user from time to time. Information regarding method of payment is collected for member enrollment, registration, to process orders for products and services, and for other uses.
We collect several types of information from and about users, including Personal Information that is about you but individually does not identify you, such as, time and date of visits to our Websites, etc., and/or, about your internet connection, the equipment you use to access our Websites and usage details.
Information we collect from particular Websites:
Directly from you when you provide it to us. When you sign up for the Services, you provide us with information such as your name and email address. We may also collect information from your public social media accounts.
Automatically as you navigate through the Websites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies.
From third-parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Websites may include:
Information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Websites, subscribing to or purchasing our services, posting material (where permitted) or requesting further services. We may also ask you for information when you report a problem with our Websites.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Your search queries on the Websites.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
Details of your visits to our Websites, including, but not limited to, traffic data, geolocation data, logs and other communication data and the resources that you access and use on the Websites.
Information about your computer and internet connection, including your IP address, operating system, browser type, clickstream patters, the URL of the most recent website you visited before coming to our Websites, the amount of time you spent on our Websites, and the pages you viewed while on our Websites.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For more information on how to opt-out of advertiser tracking mechanisms, please visit www.networkadvertising.org/managing/opt_out.asp.
The information we collect automatically is statistical data and may include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third-parties. It helps us to improve our Websites and to deliver a better and more personalized service, including, but not limited to, by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize and improve our Websites.
- Speed up your searches.
- Recognize you when you return to our Websites.
The technologies we use for this automatic data collection may include cookies, flash cookies, web beacons, pixel tracking, GIF and/or IP address. Each of these is discussed below.
Cookies (or browser cookies)
A cookie is a small file placed on the hard drive of your computer or mobile device. It may contain certain data, including, but not limited to: the name of the server that has placed it there, an identifier in the form of a unique number, and, an expiration date (some cookies only). Cookies are managed by the web browser on your computer (Internet Explorer, Firefox, Safari or Google Chrome). Different types of cookies which have different purposes are used on our Websites.
These cookies are essential to allow you to browse our Websites and use its functions. Without them, services such as shopping baskets and electronic invoicing would not be able to work.
These cookies collect information on the use of our Websites, such as which pages are consulted most often. This information enables us to optimize our Websites and simplify browsing. Performance cookies also enable our affiliates and partners to find out whether you have accessed one of our websites from their site and whether your visit has led to the use or purchase of a product or service from our Websites, including the references for the product or service purchased. These cookies do not collect any information which could be used to identify you. All the information collected is aggregated, and therefore anonymous.
These cookies enable our Websites to remember the choices you have made when browsing. For example, we can store your geographical location in a cookie so that the Websites corresponding to your area is shown. We can also remember your preferences, such as the text size, font and other customizable aspects of the Websites. Functionality cookies may also be able to keep track of the products or videos consulted to avoid repetition. The information collected by these cookies cannot be used to identify you and cannot monitor your browsing activity on sites which do not belong to us. It is possible that you will come across third-party cookies on some pages of sites that are not under our control.
Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Pages of the Websites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
In addition to using Cookies, the Websites may employ “pixel tracking”, a common process which may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is an invisible tag placed on certain pages of websites that is used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our goods, services, and other offers with your interests and needs. For example, if you visit our Websites from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought you to the Websites. If you visit our Websites, and we link you to another website, we may also be able to determine that you were sent to and/or transacted with a third-party website. This data is collected for use in our marketing and research.
We may use tiny images known as clear GIFs to track behavior of users, including statistics on who opens our emails.
Our servers automatically record certain log file information reported from your browser when you access the Services. These server logs may include information such as which pages of the Service you visited, your internet protocol (“IP”) address, browser type, and other information on how you interact with the Services. These log files are generally deleted after one week.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third-parties (collectively, “Content”). Your Content is posted and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons. You agree to and do hereby grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, and worldwide right to Use, modify, and perform any User Content we post to our Website. The term “Use” includes, but is not limited to, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly display, publicly perform, and make derivative works of the content.
Some content or applications, including advertisements, on the Websites are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. First party and or third-party cookies may be used alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use search engine and/or display network advertising in connection with our Website.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information:
To present our Websites and its contents to you.
To provide you with information on products or services that you request from us.
To provide you with services or process transactions that you have requested.
To provide you with notices about your account, including expiration and renewal notices.
To communicate with you regarding information, features or offers that we believe will be of interest to you.
To respond to your questions or other requests.
To contact you with regard to the Websites.
To process any applications, changes to your account information, or process payments from you (including, but not limited to, membership dues and subscriptions, registration fees, voluntary contributions, examination fees, credential and designation fees, and payments, refunds and reimbursements for any products or services that you choose to purchase from us).
To process other information or Personal Information that you submit through this Site.
To ask for ratings and reviews of our Websites, services, and/or products.
To contact you regarding a sweepstakes, contest or promotion in which you have participated.
To notify you about changes to our Websites, our policies, terms or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Websites.
To provide access to restricted parts of our websites.
To request your participation in surveys, focus groups, or other initiatives which help us to gather information used to develop and enhance our products and services.
To determine eligibility for membership, credentials, designations, or volunteer opportunities.
To evaluate your performance on continued learning courses and assist you in the tracking of your progress.
For examination scheduling, administration and registration purposes.
To serve relevant advertisements to you when you visit our Websites or other third-party sites (including social media platforms and Google).
To enhance and improve our products and services, for example, by performing internal research, analyzing user trends and measuring demographics and interests.
Internal purposes, such as website and system administration or internal audits and reviews.
To comply with applicable law(s) (for example, to comply with a search warrant, subpoena or court order) or to carry out professional ethics/conduct investigations.
For analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
To operate, maintain, and provide to you the features and functionality of the Service.
To provide statistics about the usage levels of the Websites and other related information to reputable third-parties, but these statistics will not include information which will allow you to be identified.
To enhance our marketing and sales efforts in the form of mailing lists
To fulfill any other purpose for which you provide it.
In any other way we may describe when you provide the information.
Social Media Plugins
We integrate social media application program interfaces or plug-ins (Plug-ins) from social networks, including Facebook, Google+, LinkedIn, Xing, Twitter, Instagram, Tumblr, Pinterest and/or possibly other companies, into the Websites. In order to register as a user with us, you may have the option to sign in using your Facebook or other social media site (SMS) login.
For example, when you visit our Websites, the plugin creates a direct connection between your browser and the Facebook server. This allows Facebook to receive information about your visit to our Website with your IP address. If you click the Facebook “Like” button while you are logged on to your Facebook account, you can link the contents of our Website to your Facebook profile. This allows Facebook to assign your visit to our Website to your user account. Please note that as provider of the Website, we receive no notification about the contents of the transmitted data or their use by Facebook. If you do not want Facebook to assign your visit to our Website to your Facebook user account, please log out of your Facebook user account.
Retention of Your Information
How We Share Your Information
We will never rent or sell your Personal Information to third-parties, other than as noted below under “Disclosure/Assignment of Your Personal Information”. We may share your Personal Information with third-parties for the purpose of providing or improving the Services to you. We may share your Personal Information with third-parties who perform services on our behalf or on behalf of the owner of one of our properties. This includes, without limitation, third-parties that send communications, process payments, analyze data, assist with utility billing, provide credit checks, or collection services, provide marketing assistance, or create, host and/or provide customer service on our behalf. These third-parties may have access to Personal Information in order to provide these services to us or on our behalf. If we do this, such third-parties’ use of your Personal Information will be bound by obligations of confidentiality. We may store Personal Information in locations outside our direct control (for instance, on servers or databases located or co-located with hosting providers). Any Personal Information or content that you voluntarily disclose for posting to the Websites may, if posted, become available to the public, as controlled by any applicable privacy or website customization settings. To change your privacy settings on the Service, you may visit your account settings page. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.
From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Service together with a third-party partner. If you provide information to such third-parties, you give them permission to use it for the purpose of that Event and any other use to which you consent. We cannot control third-parties’ use of your information. If you do not want your information to be collected by or shared with a third-party, you can choose not to participate in these Events.
Uses of Personal Information
Hosting providers for the secure storage and transmission of your data
Learning technology and online event providers for the delivery and improvement of web events and learning programs and the tracking of your progress
Digital credential providers for the delivery of digital badges earned through your participation in learning programs
Examination providers for the scheduling and delivery of credential and designation examinations
Identity management providers for authentication purposes
Database software providers for the management and tracking of your data
Legal and compliance consultants, such as external counsel, external auditors, or tax consultants
Marketing providers who send communications on our behalf regarding our products and services
Payment solution providers for the secure processing of payments you provide to us
Publishers and learning providers who develop products on our behalf
Technology providers who assist in the development and management of our Websites properties
Outbound call center providers, who may perform outreach on our behalf regarding our products and services
Fulfillment and postal vendors for the fulfillment of our products and services
Our volunteers or committee members who perform various functions on our behalf
Survey and research providers who perform studies on our behalf
Advertising partners, including social media providers, search engines and website display networks, for the delivery of targeted advertisements
Unrelated third-party list renters for one-time mail or email approved by us.
Marketing providers who may sell mailing lists.
De-Identified Personal Information:
We may share De-Identified Personal Information (such as anonymous usage data, referring/exit pages and URLs, IP address, platform types, number of clicks, etc.) with interested third-parties to help them understand the usage patterns for certain Services.
Disclosure/Assignment of Your Personal Information: Your Consent
You consent to our disclosure of your Personal Information and other information to a potential buyer or other successor for the purpose of considering a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our Websites users is among the assets transferred. You agree to and do hereby consent to our assignment, conveyance, or transfer (whether by contract, merger or operation of law) of rights to your Personal Information and other information, with or without notice to you and without your further consent.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.
- Your Personal Information is contained behind secured networks and a firewall and is only accessible by a limited number of persons and service providers who have special access rights to such systems, and are required to keep the information confidential.
- In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
- Any payment transactions will be performed using our third-party payment processors or gateways, who will use appropriate security procedures designed to protect your information.
- Our Websites are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our Websites safer.
- We may store, retrieve, access, and transmit your Personal Information in the US or in other countries.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Websites or Services, you are responsible for keeping this password confidential. You should not share your password with anyone. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. The information you share in public areas may be viewed by other users. We’ll never email you to ask for your password or other account information. If you receive such an email, please send it to us so we can investigate.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do use security measures designed to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to us or which we obtain. Any transmission of Personal Information is at your own risk. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites or used with our Services.
The time periods for which we retain your Personal Information depend on the purposes for which we use it. We will keep your Personal Information for as long as your account is active, or as long as you are a registered member or account holder or user of our services or for as long as we have another business purpose to do so and, thereafter, for no longer than is required or permitted by law, or our records retention policy, reasonably necessary for internal reporting and reconciliation purposes, or to provide you with feedback or information you might request. This period of retention is subject to our review and alteration. The information we collect may be stored and processed in servers in the United States and wherever we and our service providers have facilities around the globe.
What You Can Access
Through your account settings, you may access, and, in some cases, edit or delete certain types of information you’ve provided to us. The information that you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us.
California Online Privacy Protection Act (CalOPPA”)
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us annually for a notice identifying the categories of Personal Information which we share with our affiliates and/or third-parties for marketing purposes, and providing contact information for such affiliates and/or third-parties with whom the business has shared such information during the immediately preceding calendar year. See more at the CalOPPA website. To obtain information under CalOPPA from us, please contact us. Please note that not all information sharing is covered by CalOPPA, and we will only include in our response information relating to our sharing practices for covered information.
We may use technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). You can opt out of behavioral tracking on our Website by contacting us and learn how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
Notices; Opting Out
By providing us with your email address (including by “following,” “liking,” linking your account to our Service or other services, etc., on a third-party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages or content, such as, but not limited to, newsletters, additions or changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by emailing us your request or updating your preferences in your account. Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt out of Service-related emails.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us.
Additional Information for Non-US Residents
For European Citizens and Residents Only
If you are a European citizen or resident in the European Economic Area (“EEA”) or other regions with laws governing data collection and use that may differ from the laws in the United States, please note that we may transfer your information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. It may also be process your information by staff operating outside the EEA who works for us or for one of service providers. If required by applicable law, we will seek your explicit consent to process your Personal Information collected on our Websites or volunteered by you.
You have the right to have your Personal Data erased. You have the right to request a copy of your Personal Data. You have the right to have your Personal Data we collect corrected. You have the right to object to certain types of processing of your Personal Data. You can opt-out of certain uses of your Personal Data. For any of these, please contact us at email@example.com.
Categories of Personal Data
Personal data may be disclosed to and processed by our third-party marketing data processors. Such data may include, but is not limited to Personal Data relating to the following categories of Data Subjects:
- Prospects, members, customers, event attendees, business partners and vendors of us.
- Employees or contact persons of our prospects, members, customers, event attendees, business partners and vendors.
We may disclose Personal Data to our third-party marketing data processors which may include, but is not limited to the following categories of Personal Data:
- First and last name
- Contact information (street address, email address, phone number)
- ID data
- Professional demographic data
- Personal demographic data
We are headquartered in the United States. As such, we and our service providers may transfer your Personal Information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it. If you are located in the European Economic Area (“EEA”) or Switzerland, we provide adequate protection for the transfer of Personal Information to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses. We may also need to transfer your information to other group companies or service providers in countries outside the EEA. This may happen if our servers or suppliers and service providers are based outside the EEA, or if you use our services and products while visiting countries outside this area.
If you are a resident of country other than the United States, you acknowledge and consent to our collecting, transmitting, and storing your Personal Information out of the country in which you reside.
(B) Changes to Terms of Service. ASSP may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of ASSP.org after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. ASSP may change or discontinue any aspect, service or feature of ASSP.org at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of ASSP.org and all charges related to the same.
(F) Security. Users are prohibited from violating or attempting to violate the security of the Site. ASSP will investigate possible violations, and will cooperate with all applicable law enforcement authorities in prosecuting violations.
2. Community Guidelines & User Content
(A) Interactive Areas. ASSP.org may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on ASSP.org, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and ASSP.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with ASSP.org, you agree to abide by the following rules of conduct:
You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
You agree not to upload, post or otherwise transmit, without ASSP's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
You agree not to impersonate any person or entity, including, but not limited to, any ASSP employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about ASSP.org users or posting private information about a third-party;
You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
You agree not to interfere with or disrupt ASSP.org or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of ASSP.org, use of ASSP.org, or access to ASSP.org;
You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by ASSP, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on ASSP.org;
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such person’s name or likeness in the manner contemplated by ASSP.org;
You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by ASSP.
Any conduct that in ASSP’s sole discretion restricts or inhibits anyone else from using or enjoying ASSP.org will not be permitted. ASSP reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. ASSP is not responsible for User Content submitted to ASSP.org or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of ASSP.org.
(C) Monitoring. ASSP shall have the right, but not the obligation, to monitor User Content posted or uploaded to ASSP.org to determine compliance with these Terms of Service and any operating rules established by ASSP and to satisfy any law, regulation or authorized government request. Although ASSP has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to ASSP.org, ASSP reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to ASSP.org at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to ASSP.org, you automatically grant ASSP the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant ASSP the right to pursue at law any person or entity that violates your or ASSP's rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by ASSP or its licensees, successors and assigns; (c) you forever waive and agree not to claim or ASSP any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release ASSP, and its licensees, successors and assigns, from any claims that you could otherwise ASSP against ASSP by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
3. Copyright Ownership.
ASSP.org contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ASSP.org are copyrighted as a collective work under the United States copyright laws. ASSP owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ASSP and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You further may not mirror or frame the home page or any other pages of the Site on any other site.
4. Third-Party Content.
ASSP is a distributor (and not a publisher) of content supplied by third-parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers or users of ASSP.org, are those of the respective author(s) or distributor(s) and not of ASSP. Neither ASSP nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through ASSP.org represents the opinions and judgments of the respective user or information provider not under contract with ASSP. ASSP neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ASSP.org by any third-party. Under no circumstances will ASSP be liable for any loss or damage caused by your use or reliance on information obtained through ASSP.org. ASSP is not responsible for any actions or inaction on your part based on the information that is presented on ASSP.org. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ASSP.org. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions
ASSP may run advertisements and promotions from third-parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ASSP, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. ASSP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF ASSP.ORG IS AT YOUR SOLE RISK. NEITHER ASSP, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ASSP.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ASSP.ORG, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ASSP.ORG.
(B) ASSP.ORG, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) ASSP.ORG MAY OFFER SAFETY, HEALTH, ENVIRONMENTAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON ASSP.ORG DOES NOT AND IS NOT INTENDED TO CONVEY PROFESSIONAL ADVICE FOR THE PRACTICE OF SAFETY, HEALTH AND ENVIRONMENTAL WORK. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL SAFETY, HEALTH AND ENVIRONMENTAL ADVICE OR CONSULTATION. NEITHER ASSP, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN ASSP.ORG.
(D) NEITHER ASSP, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) IN NO EVENT WILL ASSP, NOR ITS CHAPTERfS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ASSP.ORG OR THE ASSP.ORG SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ASSP.ORG..
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ASSP, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ASSP.ORG, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER ASSP, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(G) USER AGREES NOT TO SEEK TO HOLD ASSP, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
(H) USER AGREES NOT TO SEEK TO HOLD ASSP, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
(G) ASSP disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing ASSP.org, you acknowledge and agree to ASSP’s disclaimer of any such liability. If you do not agree, you should not access or use ASSP.org.
You agree to defend, indemnify and hold harmless ASSP, its affiliates and their respective directors, officers, employees and agents from and against all claims, losses, damages, costs, and expenses, including attorneys' fees, arising out of the use of ASSP.org by you or your Account, or any violation by you of this Agreement.
ASSP may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, ASSP shall have the right to immediately terminate your Account in the event of any conduct by you which ASSP, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.
ASSP, and its Chapters, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on ASSP.org are the property of their respective owners.
These Terms of Service and any operating rules for ASSP.org established by ASSP constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of ASSP, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to ASSP and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Any action relating to or arising out of this Agreement must be filed and maintained in a state or federal court located in the State of Illinois, and each user consents to exclusive jurisdiction and venue in these courts for this purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
11. Copyrights and Copyright Agent.
If you own intellectual property and believe it is being infringed on this site, please let us know by filing a complaint as set forth below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to the American Society of Safety Professionals’ (“ASSP”) designated agent with the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that is allegedly infringed;
Identification, including a detailed description, of the copyrighted work or other intellectual property right claimed to have been infringed;
Identification, including a detailed description, of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ASSP to identify the material, including where it is located on the site;
The address, telephone number and electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, owner of other intellectual property rights, its agent, or the law; and
A statement by the complaining party, under penalty of perjury, that the information in the notification is accurate, and that you are the owner of the copyright or other intellectual property right, or are authorized to act on behalf of the owner of the copyright or other intellectual property right that is allegedly infringed.
ASSP’s designated agent for notice of claims of copyright infringement or other intellectual property infringement is as follows:
American Society of Safety Professionals
Director, Marketing & Communications
520 N. Northwest Highway
Park Ridge, IL 60068 U.S. A.