Last modified: November 25, 2019
The Site is owned and operated by Apervita, Inc., who we refer to, together with our affiliates, as “us”, “we” or “our”. When we refer to “you” and “your” in this notice, we are referring to you as a visitor to and user of the Site.
- ACCEPTANCE OF TERMS
- APPLICABILITY OF AND UPDATES TO TERMS
- LINKS TO OTHER WEB SITES AND SOCIAL MEDIA ACCOUNTS
- INTELLECTUAL PROPERTY
- LIMITATIONS ON LIABILITY
- GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
- INJUNCTIVE RELIEF
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or using the Site, including by contacting us through the Site, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the Site, you should not access or otherwise use the Site.
These Terms apply to your use of the Site. They do not govern other interactions you may have with us, including interactions through our customer platform, which are governed by the terms and policies posted on and accessible through that platform.
We may make changes to the Site or these terms at any time. It is our practice to post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You will be able to determine when these terms were last updated by referring to the “Last Modified” legend at the top. You understand and agree that your continued access to or use of the Site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.
Our site may include links to web pages, web sites, and various resources or locations on the web (collectively, “third party sites”). For example, we provide links to third party sites where we post content or invite your feedback, such as our Linkedin, Twitter, Facebook, and YouTube accounts.
You agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the Site, including all copyrights and other intellectual property and proprietary rights throughout the world associated with the content and the Site.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any Site content without our prior express written consent. You are permitted to use view, print, or download any content from the Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license to view, print, and download content from the Site solely for such limited permitted use. Any unauthorized use of the Site and the content immediately and automatically without further action terminates this license. You may not download, republish, retransmit, reproduce, or use in any other way any image on the Site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the Site).
The trademarks, service marks, trade names, and logos, and all related names, designs and slogans used and displayed on the Site are trademarks of us, our affiliates, or third parties with whom we have a business relationship. These include Apervita, the Apervita logo, and the “a” emblem. You may not use any of the marks used on our Site without our prior express written consent. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using our, our affiliates’, or our business partners’ names or marks without our or their, as applicable, prior written authorization.
You may not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site.
You agree to indemnify and hold us, and our managers, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the Site, your use of the Site, or your violation of these terms.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY THE INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, OR COMPUTER VIRUS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE, IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the Site and/or these terms shall be brought solely in the State of Illinois. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision in numbered paragraph 7 above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
This Privacy Notice (“Privacy Notice”) is being provided to visitors to the Apervita website, located at apervita.com (which we refer to in this Privacy Notice as the “Site,” which also refers to any content, functionality, and services offered on or through the Site).
Apervita respects the privacy of visitors to the Site. We have put this Privacy Notice in place so that you can better understand what information we collect through the Site, how we use it, and when and with whom we may share it.
When we refer to “you” and “your” in this Privacy Notice, we are referring to you as a visitor to and user of of the Site. “Apervita,” “we,” “us,” and “our” refer to Apervita, Inc. and our affiliates.
PLEASE READ THIS PRIVACY NOTICE COMPLETELY AND CAREFULLY BEFORE USING THE SITE OR SUBMITTING ANY INFORMATION, PARTICULARLY PERSONAL INFORMATION, THROUGH THE SITE. BY USING THE SITE, YOU ARE AGREEING TO THIS PRIVACY NOTICE.
- APPLICABILITY OF THIS PRIVACY NOTICE
- HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION
- Browsing and Device Information: We collect browsing information when users visit the Site, so depending on the device you use to access the Site, we may be able to identify that device. We use this information to understand Site traffic and evaluate our digital marketing efforts.
- Identification and Contact Information: Our Site allows you to submit forms to contact us with inquiries about the services and products we offer, including registration for our webinars and events. In addition, our Site offers a conversation chat bot that you can use to submit questions. If and when you reach out to us through these methods, we will obtain the information included in your submission or inquiry. If you complete online forms, the information we collect will include your identification and contact information such as your name, email address, phone number, and employer information, and will also include any additional information you include with your inquiry. If you utilize our chat bot, the information we collect will include whatever information you voluntarily provide. In addition, we may associate the information you provide through these submission features with the browsing and device information we collect. We use this information to respond to your inquiries, to provide the services and resources you request, to generate and respond to business leads, and for our internal marketing purposes.
- Application Information: Our Site includes information about employment opportunities at Apervita, and allows interested parties to apply through the Site. If you apply for an open position in this manner, we will receive all of the personal information you include with your application, including your name, contact information, resume information (such as education and employment history), and all other information you voluntarily provide. We use this information to evaluate and respond to applications.
- Other Information: If you participate in any other interactive area of our Site that we may offer from time to time, we will collect any personal information that you include as a part of your participation.
- HOW AND WHY WE SHARE PERSONAL INFORMATION
- We will provide personal information to our service providers who need to use that information to conduct business on our behalf. For example, our service providers may assist with physical mailings. We provide these service providers only with the information they need to perform their services, and work with them to respect and protect your privacy.
- We may share your personal information with our company affiliates and business partners for our and their legitimate business purposes, including so that we or they may provide you with periodic mailings regarding products and services. If you do not wish for us to share your information in this manner, please let us know by contacting us at email@example.com.
- We may share personal information with data analytics platforms, such as Google Analytics and Hubspot, to compile statistics and perform analyses intended to understand our client base and to improve our Site performance.
- We will release information, including personal information, if we believe that doing so is appropriate to (a) comply with law, regulations, legal process or governmental request, (b) enforce any policies applicable to the Site, including potential violations, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) otherwise protect the rights, property or personal safety of us, our employees, Site users, or others.
- We may share information, including personal information, in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company in which personal information about the users of the Site is among the assets transferred.
- We may also share personal information that has been de-identified or anonymized, such as demographic information or aggregate information, with our advertisers and marketing partners for business purposes, such as the development of marketing campaigns.
- HOW WE COLLECT AND USE NON-PERSONALLY IDENTIFIABLE INFORMATION
- COOKIES AND OTHER TRACKING TECHNOLOGY
- OUR SECURITY MEASURES
- YOUR RIGHTS REGARDING YOUR INFORMATION
- A SPECIAL NOTE ABOUT CHILDREN
- VISITING OUR WEBSITE FROM OUTSIDE THE UNITED STATES
This Privacy Notice applies only to information provided and collected through the Site. It does not apply to information that we or others may collect through other means, such as information we may learn through a business or employment relationship with you, or information you may provide to us through any other website we own or operate, including our customer platform, which is governed by the notices and policies posted on and accessible through that platform.
Because of changes in Internet technology and practices, this Privacy Notice may change from time to time. It is our practice to post any changes we make to this Privacy Notice on this page, and any changes will be effective once the new notice is posted. It is your responsibility to check this Privacy Notice for updates. You will be able to determine when this Privacy Notice was last updated by referring to the “Last Modified” legend at the top. By using the Site after we post any changes to this Privacy Notice, you agree to accept those changes, whether or not you have reviewed them.
Personal information refers to any information that identifies or can be used to identify a particular person. Different states (and countries) define personal information (and similar terms, such as personal data, personally identifiable information, and PII) to include different things, but it generally includes information such as your name, address, email address, and phone number. It may also include your computer or mobile device IP address, if that IP address can be linked to a specific person.
You are in control of whether you provide us with any personal information. If you do not wish to provide particular information, you should not use the Site or provide your information. That will affect our ability to do business with you and your ability to obtain resources from us; however, that is your choice.
If you choose to use our Site, we may obtain and use personal information as described below:
We may also use the personal information we collect through the Site to help us customize your user experience, to increase the convenience of accessing tools and features of the Site, and to provide you with information regarding our services, and other related products and services, including those we may offer in the future.
We keep the personal information we collect for as long as we continue to have a business need to do so, unless a longer period is required by law. Business needs include legal, tax, accounting, risk management, and other business purposes.
We only share personal information with third parties in the following circumstances:
We do not provide any personal information that we collect about you through the Site to anyone for any purpose other than those listed above, and will not do so unless you have given us your separate express permission to do so.
Non-personally identifiable information, also called NPII, refers to information that is not and cannot be used, by itself, to identify a specific individual. When you use the Site, we may automatically collect standard internet and website log information, and details of patterns about how our Site users behave. This information may include your internet service provider name, your operating system, your browser type and browser language, and your access times. More information about the technology we use to automatically collect information is provided below under the heading Cookies and Other Tracking Technology.
All of the NPII we collect may be used to understand our prospective and ongoing client base, to gather broad demographic data for aggregate use, to conduct market research, to analyze trends, to develop products and services, and to provide those products and services to others.
Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing when you visit a website. Some cookies are deleted once you close your browser or application (session cookies), while other cookies are retained even after you exit so that you can be recognized when you return (persistent cookies). Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Most web browsers automatically accept cookies and other tracking technologies, but you can usually change your settings to prevent that, such as by having your device warn you each time a cookie is being sent or choosing to turn off all cookies. This can be done through your web browser settings, and because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings. If you do disable cookies from your browser you may not be able to access certain features of the Site, and this may make your use of the Site less efficient.
Our Site uses analytics tools, such as Google Analytics and Hubspot, to collect information about how our Site is used, such as how much traffic the Site receives and what pages people visit. We use these analytics tools to understand how our Site is used, to track forms submitted to and resources downloaded through the Site, to manage lead generation, and to track marketing and sales efforts.
Currently, certain browsers, including Firefox, Google Chrome, Safari and Internet Explorer, offer a “do not track” (DNT) option. This option, using a technology known as a DNT header, sends a signal to websites visited by the user about the user’s DNT preference, if any, set on the browser. While we do try to honor DNT requests, we do not currently commit to responding to browsers’ DNT signals. We cannot make this commitment because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.
We use a variety of industry-standard security measures to maintain the safety of your personal information, including measures such as dedicated servers designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, no electronic data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we believe that we use reasonable measures to protect personal information, we cannot ensure or warrant the security of any information transmitted or otherwise provided to us or received from us.
Opting Out of Providing Information. All personal information provided through the Site requires your voluntary submission, except for browsing and device information, which is automatically collected if you use the Site. You should refrain from visiting the Site if you do not want any browsing or device information collected. For other information, although it is your choice whether or not to provide us with information, please note that if you choose not to provide certain information, you will not have access to the resources, downloads, webinars, or events that require that information.
Opting Out of Certain Communications. You can always opt out of receiving promotional email communications from us by using the “unsubscribe” link contained in those communications, or by contacting us at us at firstname.lastname@example.org. Please note that notwithstanding your email preferences, we may need to contact you regarding our potential or ongoing business relationship, as required by law, or regarding legal matters. However, we will not send you email marketing communications after you have opted out of receiving them.
Correcting and Updating Information. If you believe that any of the personal information we have about you is incorrect, you can contact us at any time at email@example.com to request that we make the appropriate corrections.
Removal of Information. As noted above, we have standard retention practices with respect to the personal data we collect. If you would like to request any earlier removal of your personal information, please contact us at firstname.lastname@example.org. Please note that we may not be able to completely remove personal information from the Site or our systems in certain circumstances. This will be true if the data is not in a searchable format, if it is retained in backup systems, if we need it in order to prevent fraud or future abuse, or if we are required by law to keep it.
California Residents. The California “Shine the Light” law permits individuals to request certain details about our disclosure of their personal information to third parties for direct marketing purposes. If you are a California resident and you would like to make such a request, please contact us at email@example.com.
Our Site is not directed to use by persons under the age of 13.
We do not knowingly collect personal information from children under 13. If you believe your minor child has improperly accessed the site and provided any personal information, please contact us at firstname.lastname@example.org.
Our Site is generally intended for a United States audience. If you are visiting our Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our site is operated. We make no representation that the practices we describe are compliant with the laws of other jurisdictions, including laws that apply to the collection, use, disclosure, and security of personal information.