TERMS OF USE

Acceptance and Accuracy.

Welcome to brandsymbol.com, a Website owned and operated by BrandSymbol, Inc.  By accessing the content on this Website (“site”), you agree to be bound by these Terms of Use (“terms”) and acknowledge the included Privacy Policy (“policy”). 

Brandsymbol, its affiliates and its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the site. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights, to the above described, are reserved by Brandsymbol.

The site and its contents are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, our company and its officers, employees, directors, shareholders, subsidiaries, affiliates, agents, and licensors disclaim all representations of any kind, whether expressed, implied, statutory, or otherwise, including non-infringement and those arising from usage. You understand and agree that any material or information downloaded or otherwise obtained through the use of the site is for informational purposes only and that you will be solely responsible for any damage arising from doing so. 

Brandsymbol and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site or the content of any websites or online services linked to or integrated with the site.  Our company and its affiliates have no liability for any errors, mistakes, inaccuracies of content; or of any unauthorized access to or use of our site; or of any personal information or user data; or of any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site by any third party; or of any loss or damage of any kind as a result of the use of any content posted or shared through the site. The site and any information available through the site do not constitute medical or psychological advice.  Please contact a medical or mental health professional for such advice. To the extent permitted by applicable law, our company or its affiliates are not liable to you or any third party for any indirect, incidental, punitive or consequential damages arising out of or relating to the site or services, however caused, and under whatever cause of action.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Indemnity.

You agree to indemnify and hold harmless our company and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Copyright.

If you believe any materials on the site infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to 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 us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other Provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to this Site, these Terms, the Site, or the Privacy Policy will be filed only in the state or federal courts located in Charlotte, North Carolina. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Changes to these Terms of Use.

We may update these Terms of Use to reflect changes to our information and privacy practices. Your continued use of the site after any such modification constitutes acceptance of any such modified Terms of Use. We encourage you to review this page periodically for the latest information on our terms. The date of last revision is shown at the top of this Terms of Use & Privacy Policy.

How to Contact Us.

If you have questions or concerns regarding these Terms of Use, you should contact our company at: 

Brandsymbol, Inc.
Attn: Security Officer
2925 Senna Drive
Matthews, NC. 28105
+1 704 625 0106
info@brandsymbol.com 

PRIVACY POLICY

Information We May Collect.

Brandsymbol is committed to protecting your privacy. We will not sell or rent your information to any outside parties. By submitting personal information, you consent to Brandsymbol’s use of such personal information as further described in this Privacy Policy (“policy”). Please read this policy to understand the ways in which we collect, use, and disclose information we receive from or about you through this site.

We may collect information from or about you, such as:

• Personal information that you voluntarily provide, including name, address, and email address.
• Communication preferences.
• Unique IDs such as IP address and device IDs.
• Site-viewing activity, such as pages visited, videos watched, duration of sessions and search terms.
• Referring domain, destination domain and destination path.
• Geolocation data.

To the extent permitted by applicable law, we may also combine information you provide to us, either via our Site or via another means (such as at a trade show) with publicly available information, such as your organization’s name. We may collect certain information about you by automated means, such as your MAC address, IP address, computer type, screen resolution, OS version, and browser type and version. This information is collected by most websites and is used to optimize your experience on the Site. You may voluntarily provide data about yourself in connection with a job application. Such provision of data is subject to the privacy policy of the third-party platform you use to submit your application. 

We and a third-party service provider may use cookies or similar technologies to collect information about you, such as personal information, information about the devices you use to access the Site and your interactions with the Site. The Site does not recognize a “do not track” setting (or similar mechanism) from your browser to indicate that you do not wish to be tracked or to receive interest-based ads. 

We may also use web beacons or tags on our Site and in email communications. Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that we, or our third-party service providers, place on our Site and in emails. Alongside cookies, web beacons allow us to accurately count the number of unique users who have visited a specific page on the Site or opened or acted upon an email. This information allows us to measure the performance of our Site and our email campaigns.

Use of Information.

To the extent permitted by applicable law, we may use the information collected about you for the following purposes or in the following ways:

• To communicate with you and to inform you of products, programs and services.
• To fulfill your requests and respond to your inquiries, such as to send a requested white paper.
• To send you important information regarding the Site, including changes to Site terms, conditions and policies. 
• For our internal business purposes, such as for data analysis (including through automated systems and machine learning), benchmarking, reporting, audits, developing new products, enhancing our Site, improving Brandsymbol Services, identifying usage trends and determining the effectiveness of our promotional campaigns.
• To protect the security and integrity of our Site, and to prevent and to investigate fraud and other misuses.
• In an aggregated manner.
• In combination with other information, collected online and offline, including information from third-party sources, to help us update, expand and analyze our records, identify prospective customers and provide products and services that may be of interest to you.
• To comply with applicable legal or regulatory requirements and our policies, and to protect against criminal activity, claims and other liabilities.
• In any other ways, with your consent or as permitted under applicable law.

Information Shared. To the extent permitted by applicable law, we may share personal information as follows:

• With any of our current and future corporate subsidiaries and affiliates.
• With our third-party service providers, agents, vendors and other third parties we use to support the Site and our business. These parties include, but are not limited to, third parties providing us with services such as website hosting, data analysis, infrastructure provision, IT services, customer service, analytics and email delivery services. These third parties are authorized to use your personal information only as necessary to provide these services to us.
• In connection with a corporate transaction, proceeding or reorganization involving the business activities for which the information is maintained. In the event that ownership of Brandsymbol or its business were to change as a result of a merger, acquisition or transfer to another company, your personal information may be shared. 
• As we believe necessary: under applicable law, including laws outside your country of residence; to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, law enforcement or national security investigation or as otherwise required or authorized by law; to respond to requests from public and government authorities, including outside your country of residence; to enforce our policies, terms and conditions;  to protect our operations or those of any of our affiliates; to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and  to permit us to pursue available remedies or limit the damages that we may sustain.

Third-Party Sites and the Site. We provide links to other websites on this Site as a convenience for our users. We may also inform users about third-party services or applications that can be used in connection with Brandsymbol Services, including services from companies associated with Brandsymbol’s partners. This Privacy Policy does not cover, and we are not responsible for, the privacy, information or other practices of any third parties, or of other websites, applications or services operated by such third parties. Your activities with, including your provision of personal information to, any such third parties or such third parties’ websites, applications or services will be governed by the privacy policy of such third parties. The inclusion of a link on the Site does not imply endorsement of the linked website by Brandsymbol. We are not responsible for the use of any personal information you disclose to or through our customers or partners or third-party sites, applications or services.

Social Media Features.  Our Site includes social media features, such as LinkedIn, Twitter, Facebook, and Google Plus. These features may collect information about you including, for example, your IP address and which pages you visit on our site and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing the social media feature.

Cross-Device Tracking. When you use your mobile device to interact with the Site, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

Other Important Notices Regarding Our Privacy Practices.

Opt-Out. If you no longer wish to receive marketing-related emails from us, or you prefer that we not share personal information about you in the future with our affiliates and/or with third parties, you may opt out by following the “unsubscribe” instructions in the latest such message you have received or by contacting us at info@brandsymbol.com.  We will endeavor to comply with your request as soon as reasonably practicable. 

Retention Period. To the extent permitted by applicable law, Brandsymbol will retain personal information about you for the period of time appropriate for us to fulfill the purposes outlined in this Privacy Policy or as necessary to comply with our legal obligations, resolve disputes or enforce our agreements, whichever is longer.

Security. The security of personal information that Brandsymbol collects from site users is of great importance to Brandsymbol. We use organizational, technical, and administrative measures to protect personal information under our control. No data transmission over the Internet or data storage system, however, can be guaranteed to be 100% secure. If you have any questions about the security of your personal information, you can contact us at info@brandsymbol.com. 

Changes to this Privacy Policy.

We may update this Privacy Policy to reflect changes to our information and privacy practices. Your continued use of the site after any such modification constitutes acceptance of any such modified Privacy Policy. We encourage you to review this page periodically for the latest information on our privacy practices. The date of last revision is shown at the top of this Terms of Use & Privacy Policy.

How to Contact Us.

If you have questions or concerns regarding this Privacy Policy, you should contact our company at: 

Brandsymbol, Inc.
Attn: Security Officer
2925 Senna Drive
Matthews, NC. 28105
+1 704 625 0106
info@brandsymbol.com.

Please be sure to include sufficient information so we can understand and respond to your specific question or request.