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Privacy Policy

Introduction

This Privacy Notice applies to all AccessAbility Officer websites, applications, promotions, products and services (collectively, the “AccessAbility Officer Services” or the “Services”), including those that link to this Privacy Notice, and describes how AccessAbility Officer collects, uses, shares, transfers, stores, retains, or otherwise processes your personal information. This Privacy Notice also applies to any promotions, referrals, or other marketing activities conducted by AccessAbility Officer or in connection with the AccessAbility Officer Services (collectively, “AccessAbility Officer Marketing”). This Privacy Notice does not apply to any third-party website or service that AccessAbility Officer does not own or control. For purposes of this Privacy Notice, AccessAbility Officer means “AccessAbility Officer LLC, including its subsidiaries and Affiliates”.

AccessAbility Officer will share your information only as described in this Privacy Notice, or as permitted by law. AccessAbility Officer will not sell, lease, rent, or trade your personal information to any third party for that party’s marketing or promotional purposes.

By continuing to use the Services or participating in AccessAbility Officer Marketing after being provided with this Privacy Notice, you consent to AccessAbility Officer’s policies and practices as described herein.

Scope

This Privacy Notice applies to individuals who:

  • Visit or use our websites;
  • Interact with us on behalf of a customer in connection with the provision of our Services;
  • Interact with us on behalf of a service provider in connection with the products and services our service provider provides to us;
  • Interact with us on behalf of a business partner in connection with our relationship with the business partner;
  • Receive marketing communications from us; and/or
  • Interact with us by registering for, attending and/or otherwise taking part in our trade events, webinars, or conferences or who communicate with us via email, phone, or in-person.

Information we collect and the sources from which we collect it.

Information that We Collect from You

AccessAbility Officer collects and processes the following categories of personal information from customer, service provider, and business partner representatives (“Representatives”); website visitors; individuals that receive marketing communications from AccessAbility Officer; and individuals that interact with AccessAbility Officer by registering for, attending and/or otherwise taking part in AccessAbility Officer’s trade events, webinars or conferences or who communicate with AccessAbility Officer via email, phone or in person:

  • Personal Details include data such as names, titles, company names, departments, email addresses, physical street addresses, telephone numbers, and social media usernames of individuals.
  • Payment Information includes data such as bank name, account numbers, routing numbers, check numbers, and wire transfer IDs. Typically, this information relates to the organization purchasing our products and services, but there may be instances where personal payment information is provided on behalf of an organization.
  • Customer Support Records include data such as call details and other similar data regarding customer support communications and chat sessions with Representatives.
  • Marketing and Event Records include the personal details of the Representative signing up to receive marketing materials as well as information collected from Representatives who complete a survey or form. Marketing records also include the business contact details of Representatives who register for, attend and/or otherwise take part in our trade events, webinars, or conferences as well as information about these events.

Information We Collect from Your Use of AccessAbility Officer Services or Visits to our Websites

AccessAbility Officer collects and processes the following categories of personal information from individuals that use an AccessAbility Officer Service, including customer Representatives, and those who visit our websites:

  • Device Information and website Records, which include data related to your interactions with our websites and other online content such as log data (i.e., preferences and settings, IP addresses, technical information about the device used to visit the websites, and geolocation information) and traffic data (i.e., pages viewed, date stamps, time spent on a page, click through and clickstream data, queries made, search history, search results selected; comments made, type of service requested, and purchases made).
  • Unique IDs include data such as IP addresses and geolocation data that we obtain from (a) Representatives, (b) website visitors who access our website or (c) other individuals that interact with us.
  • Geolocation information about the location of the device you are using to access our website or Services.

Information We Collect about You from Third Parties

AccessAbility Officer collects and processes the following categories of personal information about customer and business partner Representatives:

  • Marketing Data including business contact information about current and prospective users of our Services from third party services, including, but not limited to, lead generation services and providers of customer and lead data.

How we use the information we collect

We use the personal information we collect for the following legitimate interests and to manage our relationship with you:

  • To administer and process transactions related to the Services we provide;
  • To provide, assess, and improve our customer support and customer service;
  • To personalize your experience using our Services or website;
  • To communicate with you during contract negotiations or post-contract support;
  • To advise you of additional or new Services that may be of interest to your company;
  • To administer and manage service providers;
  • To work with business partners;
  • To improve and protect the integrity and security of our Services and our websites;
  • To administer a contest, promotion, survey, event, conference, webinar, or other website feature;
  • To send periodic communications (the contact information that you provide may be used to send you information, including marketing, respond to inquiries, and/or other requests or questions);

We also use personal information to comply with legal requirements or in the following circumstances:

  • To fulfill a legal obligation or to protect our rights;
  • To comply with applicable laws and regulations;
  • To enforce any applicable contracts;
  • In an emergency, where the health or security of an individual may be endangered;
  • For any other purpose for which you have been notified, and if legally required where appropriate consent has been obtained.

How we share the information we collect

We share personal information with the following:

Service Providers

We share personal information with service providers that we have retained to perform certain services and functions on our behalf, such as auditing, information technology and infrastructure, hosting, data analytics, contract management, order management and fulfillment, billing, email delivery, advertising, events, and other related activities. We have written contracts in place with our service providers that limit them from using personal information except as necessary to perform the services and functions on our behalf and prohibit them from sharing such personal information with any third parties without our authorization.

Business Partners

We may also share your personal information with trusted business partners pursuant to our contractual arrangements, which will include appropriate safeguards to protect any personal information that we share with these partners. These may include, but are not limited to, third parties that organize tradeshows, third party consultants and experts, and auditors.

Affiliated Entities

We share personal information with entities that are under our common ownership or control (our “Affiliates”). Subject to local requirements, this personal information may be used to provide Services offered by our Affiliates, for Affiliates to provide support to the Affiliated entity that is sharing the personal information, or for any other purposes described herein. For example, our Affiliates may share personal information with one another about our customers, service providers, business partners, Representatives, prospective employees, and website visitors for direct marketing purposes.

Payment Processing

We work with a payment processing partner to process credit card payments. If you make any credit card payment to us on behalf of your organization, our payment processing provider will store your full name and credit card details.

Fraud Prevention and Protection of Legal Rights

We may use and disclose personal information to the appropriate legal, judicial or law enforcement authorities and our advisors and investigators: (i) when we believe, in our sole discretion, that such disclosure is necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of AccessAbility Officer and of our customers, service providers, business partners, Representatives, website visitors, or others; (ii) when we suspect abuse of the website or Services or unauthorized access to any system, spamming, denial of service attacks, or similar attacks; (iii) to exercise or protect legal rights or defend against legal claims; or (iv) to allow us to pursue available remedies or limit the damages that we may sustain.

Law Enforcement

We may have to disclose the personal information of our customers, service providers, business partners, Representatives, website visitors or others if a court, law enforcement or other public or government authority with appropriate competency requests that we provide that personal information and we believe, in our reasonable discretion, that such request was made in compliance with applicable law.

Corporate Reorganization

We may share your personal information with a third party in the case of the reorganization, sale, merger, joint venture, assignment, transfer or other disposition of all or any portion of our business, asset or stocks, including in the event of bankruptcy or corporate restructuring. Any personal information that an individual submits or that is collected after the reorganization may be subject to a new privacy notice adopted by the successor entity, of which we will inform, where required.

How long we retain your information

We will retain your information in accordance with our internal records retention and management policies and procedures, including as necessary for purposes of managing the applicable relationship (e.g., customer, vendor, business partner), or as long as necessary to comply with our legal obligations.

Cookies and other technologies

When you visit our websites, open an email that we send you, or interact with the communication features on our websites, we may collect information about your usage or device by automated means or by using technologies such as cookies, web server logs, and web beacons.

Your privacy rights

If you receive marketing communications from us by email, we seek your opt-in consent to send you such communications by email in jurisdictions where that is required. If we track whether or not you open any such email, we seek your opt-in consent to do so in jurisdictions where that is required. You may, in any event, unsubscribe from the receipt of future electronic communications from us by clicking on the “unsubscribe” link provided in such communications. Please note you may still receive some communications such as those related to the Services you are receiving or in response to inquiries you have made to us.

Certain jurisdictions may provide you with privacy rights under applicable data protection or privacy law regarding your personal information. In particular, you may have the right to:

  • Be informed about your personal information;
  • Access your personal information;
  • Correct any personal information that is inaccurate;
  • Have your personal information erased;
  • Restrict or suppress the processing of your personal information;
  • Obtain and reuse your personal information;
  • Object to the processing of your personal information;
  • Object to how your personal information is used in automated decision making, if applicable;
  • Lodge a complaint with a supervisory authority.

These rights may be limited, for example, if fulfilling your request would reveal personal information about another individual, or if you ask us to delete personal information which we are required by law to keep or which we need to defend claims against us.

To exercise any of these rights, please contact us by using the contact page linked on the homepage of accessabilityofficer.com.

We will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain personal information to verify your identity. Depending upon applicable data protection and privacy law, individuals may also designate an authorized agent to exercise these rights on their behalf.

Information for children under the age of 18

Our Services and this website are not directed to or intended for use by children under the age of 18. If we learn that an under-18 user has volunteered personal information on the site, we will delete such information from our active databases.

California Supplement

If you are a resident of California, you have the following rights:

Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business and commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. If so, we will notify you in our response that an exception applies and identify that exception.

To exercise your rights, please submit a verifiable consumer request to us by emailing privacy@AccessAbilityOfficer.com. To verify your identity we may ask you for additional information, which may include asking you to confirm other personal information you have provided to us. We reserve the right to deny any requests for which identity cannot be verified. If you have authorized another person to make a request on your behalf, that person must provide to us your written authorization allowing them to make such a request on your behalf. We reserve the right to deny any request by an authorized agent if we are not reasonably able to confirm proper authorization.

We will not discriminate against you for exercising any of your rights under California law. Unless permitted by California law, we will not:

  • Deny you goods or services;
  • Charge you a different price or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services;
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

The CCPA provides a right to opt-out of the sale of personal information as that sale is defined in the statute. However, we do not sell California consumer personal information for monetary or other valuable consideration.

EEA/UK Supplement

To comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users and the UK GDPR, as tailored by the UK Data Protection Act 2018 for our UK users, this EEA/UK Supplement outlines the legal basis on which we process your personal information and provides other information required by the GDPR and UK GDPR. Terms used in this section such as “Controller,” “Processor,” “Process,” and “Processing” have the same meaning as in the GDPR and UK GDPR.

Legal Basis for Processing Your Information

AccessAbility Officer will only Process your information where we have a legal basis to do so. The lawful basis will vary with the type of Processing involved and will typically include Processing (i) necessary for AccessAbility Officer to pursue its legitimate business interests, (ii) based on your consent, where this is required by data protection laws, and (iii) necessary for AccessAbility Officer to comply with its legal obligations.

This Privacy Notice does not apply to any personal information processed, stored, or hosted by customers using any of our Services or to the extent that we Process personal information in the role of a Processor on behalf of our customers. Where we act as a Processor on behalf of our customers, that Processing is subject to the protections contained in our data processing agreements with customers. We have no control over, and are not responsible for, any personal information that our customers may store or host on their equipment or otherwise Process while using our Services. We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this Privacy Notice. For information related to how our customers Process personal information, please contact the respective customer directly.

Your rights

You have the right under certain circumstances:

  • To be provided with a copy of your personal information held by us;
  • To request the rectification or erasure of your personal information held by us;
  • To request that we restrict the processing of your personal information (while we verify or investigate your concerns with this information, for example);
  • To object to the further processing of your personal information, including the right to object to marketing;
  • To request that your provided personal information be moved to a third party. Where the Processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us as set forth in the “How to contact us” section below. Such withdrawal will not affect the Processing of your personal information prior to the withdrawal.

You can exercise the rights listed above at any time by contacting us at privacy@AccessAbilityOfficer.com. The exercise of the above rights might be subject to certain conditions and we might require further information from you before we can respond to your request.

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.

Updates to this Privacy Notice

This Privacy Notice may be updated periodically and will be posted on the website, indicating when it was last updated. If there are material changes to our Privacy Notice, we will post a notice on our website and/or provide other notice as required by law.

How to Contact Us

If you have any questions or concerns about this Privacy Notice or about how AccessAbility Officer collects, uses, or otherwise processes your information, you can reach us at ADA@AccessAbilityOfficer.com.

Governing Law

Unless applicable data protection / privacy laws provide otherwise, (a) the Privacy Notice is governed by the laws of the State of Arizona, U.S.A, (b) you hereby agree that any dispute or claim raised or made by you against us relating to the Privacy Notice shall be subject to arbitration before a single arbitrator in Maricopa County, Arizona in accordance with the Commercial Arbitration Rules of the American Arbitration Association and (c) you hereby waive all rights to bring or maintain any court action, jury trial or any class claim, class action, class arbitration, or other representative action, claim or proceeding against us in a court of law.