Last modified April 22, 2021
WHAT INFORMATION IS COLLECTED?
Ampersand may collect various types of information from or about you depending on how you use the Services and its various features. You supply Ampersand with various types of information, including Personal Information that you choose to disclose and Ampersand also collects information automatically regarding how you use the Services, which Ampersand may collect as you interact with the Services.
INFORMATION YOU PROVIDE AMPERSAND
With respect to Personal Information, you may provide Ampersand with various types of information, including, without limitation, you and your name, address, telephone number, e-mail address, background, education information, financial information, billing and payment information, as applicable, that you voluntarily provide through the Services. This information is generally entered into fields in the registration or application forms, regardless of whether submitted and enables you to take full advantage of the Services. Ampersand may collect Personal Information and other information from you and other users, customers, and visitors to the Website or Users of the Services. If at any time you wish to be removed from Ampersand’s email database, you can request removal by contacting Ampersand at [email protected]. Ampersand reserves the right to contact you via postal mail, email, or telephone for the purpose of administering your account.
Ampersand may also retain the content of and metadata regarding any correspondence you may have with Ampersand or its customer service representatives or other employees or agents, regardless of the mode of communication by which such correspondence occurs. This includes, without limitation, any information contained and consented to, as described in the Terms of Service. This information helps Ampersand to improve the Services and the materials, products, and services that are offered on the Services, and to more effectively and efficiently respond to both current and future inquiries.
AUTOMATIC INFORMATION COLLECTION AND TRACKING
When you access and use the Services, Ampersand or others may use technology to automatically collect:
certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data, and the resources that you access and use on or through the Services;
information about your computer, tablet, mobile phone, television, or any other device capable of accessing the Services (each a “Device”) and internet connection, including the Device’s unique device identifier, Internet Protocol (“IP”) address, operating system, browser type, mobile network information, and the Device’s telephone number, if applicable;
stored information and files, metadata, and other information associated with other files stored on your Device, including, without limitation, photographs, audio and video clips, personal contacts, and address book information; and
real-time information about the location of your Device for analytics.
If you do not want Ampersand to collect this information, do not access the Services. Ampersand also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services.
THIRD PARTY INFORMATION
Clients may send Ampersand information about you, whether directly or indirectly, or from their website, mobile application, or other platform technologies. This information might have come from information that they have on you or third parties that they may use and have passed that information on to Ampersand. This information may include any of the information described above, along with information regarding your performance and status.
Ampersand uses “cookies” (small text files stored on your computer) to help track and customize your access and use of the Services. Cookies store and retain information that helps Ampersand recognize you when you return to the Services following a previous visit. Cookies may also store any login or ID assigned to you by Ampersand and the associated password, which information would be stored in encrypted form. Most popular internet browser packages allow you to configure the browser so as to not accept cookies if you so choose. However, setting your browser to reject cookies may prevent you from taking full advantage of the Services and the materials, products, and other services that Ampersand or its Clients make available on or through the Services.
Ampersand or its Clients may also use the following:
Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Ampersand’s Use and Disclosure of Your Information below.
Web Beacons. Portions of the Services and e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Ampersand to, for example, count Users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
CHILDREN'S ONLINE PRIVACY PROTECTION ACT
Ampersand does not attempt to collect Personal Information from children. Children under 18 years old are not the target audience for the Services. To protect their privacy, Ampersand prohibits the solicitation of Personal Information from these children or the use of the Services by these children. If you are under the age of 18 (and do not otherwise qualify as an emancipated minor entitled to the same rights as an adult pursuant to applicable law), do not access the Services or submit your email address or any other Personal Information through the Services.
AMPERSAND’S USE AND DISCLOSURE OF YOUR INFORMATION
Ampersand, its licensees, and Clients may use your information for the following business purposes:
to verify the identity of your contact information;
to provide customer support to you and Ampersand’s Clients;
to review the usage and operations of the Website or other Services and to address any problems;
to help improve, maintain, and develop new products and services;
to market products or services to you or others;
to protect you, Clients, partners, or Ampersand from fraud, malicious activity, and other privacy and security related concerns;
to investigate misuse or unauthorized access of the Services; and
to provide you or others with customized content, products, or services.
Choices About How Ampersand Uses and Discloses Your Information
Ampersand strives to provide you with choices regarding the Personal Information you provide to it. It has created mechanisms to provide you with the following control over your information:
Disclosure of Your Information to Third Parties. If you do not want Ampersand to share your Personal Information with unaffiliated or non-agent third parties for promotional or other purposes, you can opt-out by sending an email stating your request to [email protected]. If you opt out, please note that some parts or all of the Services may then be inaccessible to you.
Promotional Offers from Ampersand. If you do not wish to have your email address or contact information used by Ampersand to promote its own or third parties’ products or services, you can opt-out by sending an email stating your request to [email protected]. If Ampersand has sent you a promotional email, you may send a return email asking to be omitted from future email distributions.
Targeted Advertising. If you do not want Ampersand to use information that it collects or that you provide to it to deliver advertisements according to its advertisers’ target-audience preferences, you can opt out by visiting Google’s advertising opt-out page. Please note, Ampersand does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose to not have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative on the Network Advertising Initiative’s website.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your Personal Information by sending an email to [email protected] to request access to, correct, or delete any Personal Information that you have provided to Ampersand. Ampersand may be unable to delete your Personal Information without removing your access to and use of all or significant portions of the Services. Ampersand may not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions (as defined in the Terms of Service), copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Users. Proper access and use of information provided on the Services, including User Contributions, is governed by the Terms of Service.
California residents may have additional Personal Information rights and choices. Please see Your California Privacy Rights below for more information.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California law may provide you with additional rights regarding Ampersand’s use of your Personal Information under the California Consumer Privacy Act (“CCPA”). Depending on the circumstances and which Services you use, Ampersand may have disclosed the following categories of your Personal Information for a “business purpose” (as defined in the CCPA) in the preceding twelve (12) months: identifiers; protected characteristics; commercial information; geolocation data; internet or other electronic network activity information; financial, medical, or health insurance information; audio, electronic, visual, thermal, olfactory, or similar information; professional information; education information; and inferences drawn from any of the aforementioned information categories. For more details about the Personal Information Ampersand has collected over the last 12 months, please see the What Information Is Collected? section above. Ampersand collects this information for, among other things, the business and commercial purposes described in the How Does Ampersand Use the Information It Collects? section below. Ampersand shares this information with, among others, the categories of third parties described in the How Ampersand Shares and Discloses Your Information section below.
Ampersand does not “Sell” (as such term is defined in the CCPA) the Personal Information it collects but may in the future. The CCPA considers some transfers of Personal Information to third parties in exchange for value as a “Sale,” even if no money changes hands, such as when online identifiers, Device IDs, and other information is shared with third-party businesses to further their own commercial purposes such as generating profiles about individuals. In the event Ampersand decides to Sell your Personal Information, California residents have the right to opt-out of the Sale. Please note that Ampersand can still share Personal Information with third parties if those transfers aren’t “sales,” such as with Ampersand’s Service Providers (as defined in the CCPA). Additionally, Ampersand may use third-party cookies for advertising purposes as further described above.
Subject to certain limitations, the CCPA permits Users of the Services that are California residents to (i) request more information regarding Ampersand’s collection of specific categories or pieces of information (including how Ampersand uses and discloses the information), (ii) request that Ampersand delete your Personal Information, (iii) request to opt out of any “sales” that may be occurring, and (iv) not be discriminated against for exercising any of these rights.
California residents may make such a request pursuant to their rights under the CCPA by sending an email to [email protected]. Ampersand will verify your request using the information associated with your account, including email address. Government identification may be required. California residents may also designate an authorized agent to exercise these rights on their behalf. To learn more about your California privacy rights, email [email protected] or visit https://www.caprivacy.org.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding Ampersand’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to ad[email protected] or write to Ampersand at the address below.
HOW AMPERSAND SHARES AND DISCLOSES YOUR INFORMATION
This section describes how Ampersand may share and disclose your information. Ampersand does not control how you or any other third party choose to share or disclose your information.
Ampersand will not share and disclose your information in violation of your instructions or in contravention of applicable law and legal process.
DISCLOSE FOR LEGAL PURPOSES
Ampersand reserves the right to disclose any personally identifiable information or other information it collects through the Services or otherwise if it is required to do so by law or if it reasonably believes that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on it; (c) protect or defend its legal rights or property or third party licensors of any material on the Services; or (d) in an emergency to protect the health or safety of the Users of the Services or the general public.
Does Ampersand Disclose Information to Outside Parties?
Ampersand may share your information to individuals outside of Ampersand, including, without limitation, its affiliates, service providers, Clients, or to any third parties. Currently, Ampersand does not Sell, trade, or otherwise transfer to outside parties your personally identifiable information for a referral or license fee, but it may do so in the future. Ampersand, in its sole discretion, may also release your information when it believes release is appropriate to comply with the law, enforce Services policies, or protect Ampersand’s or others’ rights, property, or safety. Additional non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Information entered into any forms or applications on the Website, regardless of whether submitted, may be used by Ampersand in accordance with this section.
As Ampersand continues to grow and develop its business, it is possible that its corporate structure might change or that it might merge or otherwise combine with, or that substantially all of its assets might be acquired by, another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be one of the transferred business assets.
HOW DOES AMPERSAND USE THE INFORMATION IT COLLECTS?
In addition to the uses mentioned or described above, Ampersand uses the information that it collects from or about you to improve the materials, products, and other services that it makes available on the Services, to notify you of changes made to the Services or new products or services made available on or through the Services, to evaluate your and others’ needs and customize content delivered through the Services to you or others according to those needs, to facilitate the processing of any purchases or uses you make through the Services, to send you and others promotional material from Ampersand and its affiliates or other third parties, and for other legitimate and lawful business purposes of Ampersand. Other than to the extent necessary or convenient for Ampersand to perform the Terms of Service, Ampersand may share information collected about you with third parties, such as for certain special programs that it offers in connection with some of its business affiliates, which may involve special promotions and/or pricing, and in which you may or may not be participating, or otherwise. At this time, which may be subject to change in Ampersand’s sole discretion, it is Ampersand’s policy not to sell lists containing Personal Information about Users, purchasers, registrants, or subscribers; however, Ampersand may in the future sell lists containing Personal Information, contact information, and other information about Users, Clients, purchasers, registrants, or subscribers, including, without limitation, Personal Information and other information provided by you during the period during which Ampersand was not selling such information. By inputting any information into any forms or applications on the Website, regardless of whether such forms or applications are actually submitted, or by otherwise providing your information, you are consenting to such use. You have the right to withdraw consent at any time by contacting Ampersand at [email protected].
HOW DOES AMPERSAND PROTECT INFORMATION COLLECTED ABOUT YOU?
Ampersand places a high value on protecting information transmitted via the Services. For this reason, Ampersand uses state-of-the-art security solutions to provide secure communication methods. Ampersand and its providers use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard User information. Other security safeguards include, but are not limited to, data encryption, firewalls, and physical access controls to building and files. Ampersand takes commercially reasonable measures to secure and protect customer-specific information transmitted via the Services, monitors the security of the storage environment on a continuous basis, and reviews its security practices on a regular basis. However, no security system is impenetrable. AMPERSAND CANNOT AND DOES NOT GUARANTEE AND HEREBY EXPRESSLY DISCLAIMS THAT INFORMATION USERS SUPPLY TO AMPERSAND OR ON THE SERVICES WILL BE TOTALLY SECURE
HOW LONG DOES AMPERSAND KEEP YOUR PERSONAL DATA?
Ampersand will retain your personal data in accordance with its Data Retention Policy and Data Usage Policy, which may be accessed HERE (“Data Retention Policy”).
WHAT CHOICES DO YOU HAVE?
You may update at any time the information about you derived from information you have provided to Ampersand. You may also ask Ampersand at any time to remove your name from the list of Users who wish to receive electronic communications and e-mail advertisements from Ampersand or its affiliates by simply sending such a request to Ampersand at the addresses given below. Once you opt out, Ampersand will honor your choice until you inform it otherwise. Please remember, however, that if Ampersand has already shared information about you, Ampersand has no control over how such affiliates or third parties may further use that information, and you will need to contact them directly in that regard.
Subject to applicable law, you also have the right to (i) restrict Ampersand’s use of information that constitutes your personal data and (ii) lodge a complaint with your local data protection authority. If you are a resident of the European Economic Area and believe Ampersand maintains your personal data within the scope of the General Data Protection Regulation (“GDPR”), you may direct your questions or complaints to Ampersand or your local supervisory authority.
YOUR LEGAL RIGHTS
You have the right to any of the following at any time:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data Ampersand holds about you and to check that it is lawfully processing it.
Request correction of the personal data that Ampersand holds about you. This enables you to have any incomplete or inaccurate data Ampersand holds about you corrected, though it may need to verify the accuracy of the new data you provide to it.
Request erasure of your personal data. This enables you to ask Ampersand to delete or remove personal data where there is no good reason for it continuing to process it, provided such request is in accordance with the Data Retention Policy. You also have the right to ask Ampersand to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where Ampersand may have processed your information unlawfully, or where Ampersand is required to erase your personal data to comply with local law. Note, however, that Ampersand may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, within a reasonable amount of time after your request.
Object to processing of your personal data where Ampersand is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where Ampersand is processing your personal data for direct marketing purposes. In some cases, Ampersand may demonstrate that it has compelling legitimate grounds to process your information, which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask Ampersand to suspend the processing of your personal data in the following scenarios:
If you want Ampersand to establish the data’s accuracy.
Where Ampersand’s use of the data is unlawful, but you do not want Ampersand to erase it.
Where you need Ampersand to hold the data even if Ampersand no longer requires it as you need it to establish, exercise, or defend legal claims.
You have objected to Ampersand’s use of your data, but Ampersand needs to verify whether it has overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. Ampersand will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for Ampersand to use or where Ampersand used the information to perform a contract with you.
Withdraw consent at any time where Ampersand is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, Ampersand may not be able to provide certain products or services to you. Ampersand will advise you if this is the case at the time you withdraw your consent.
Any request made by you will be processed within thirty (30) days of you providing notice to Ampersand.
WHO CAN YOU CONTACT FOR MORE INFORMATION?
Ampersand Professionals, Inc.
4201 Main Street, Suite 200-3
Houston, Texas 77002
Email: [email protected]