PRIVACY Statement – EFFECTIVE DATE June 1, 2018
This Privacy Statement of ARES Project Management and its present and future affiliates (collectively “ARES” “we” “us” or “our”) outlines how your personally identifiable information and other personal data (your “user information”) will be collected, used, and shared in connection with your access to and/or use of www.aresprism.com and any content, features, services, or other offerings that ARES may provide in connection therewith (collectively, the “Site”). This Privacy Statement also describes your choices and rights regarding the use, access and correction or deletion of your user information. Please review it carefully. By using the Site, you consent to the use of your user information in accordance with this Privacy Statement.
If you are located in the EU, you will also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technologies. The Site is owned and operated by ARES Project Management.
Notice to EU Individuals: this Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.
The procedures for modifying or changing this Privacy Statement in the future are discussed in the Section titled “Changes to This Privacy Statement”.
To enhance, personalize, and support your experience on the Site, among other things, we collect, use, and share your user information. For example, we use aggregated information to develop content targeted to user interests and to generally improve the Site’s user experience. As detailed below, your user information may also be used by ARES and its partners to tailor content and ads, provide social media features (e.g., features that allow you to share content directly to your preferred social media platform), track your preferences, analyze traffic, and provide similar services and content. ARES is committed to your privacy and will not share any user information with any third party without your consent, except as outlined in this Privacy Statement or as permitted by law. If you have any requests, comments, or questions about this Privacy Statement or your user information, please contact us in the manner provided below.
What this Privacy Statement Covers
This Privacy Statement covers the Site. While you may encounter links on the Site to other websites, such as those relating to our third-party sponsors, advertisers, and other partners, please note that these websites are not covered by this Privacy Statement (unless otherwise noted on such site, which may be the case if, for example, the site is also owned and operated by ARES). This Privacy Statement does not apply to the activities of ARES third party sponsors, advertisers, and other partners that may collect your user information while accessing or using such third party’s services in connection with your use of our Site (e.g. social media and sharing services). The privacy and information practices of those third parties are not covered by this Privacy Statement. To learn more about such third-party policies, we encourage you to read and review the privacy statements of each third-party service that you may choose to use in connection with the Site. This Privacy Statement applies only to information collected by us.
As a general reminder, please think carefully before you decide to put anything on the internet. For example, if you voluntarily disclose user information in chat areas or bulletin boards (e.g., comments sections), that information could be seen and used by others, and may result in unsolicited messages from others. We are not responsible for the personally identifiable information or other user information you may choose to submit in these public forums. To request removal of your personal information from our blog or community forum, please contact us as provided below. In some cases, we may not be able to remove personal information voluntarily disclosed by you in such forums for legal retention purposes or technical limitations (e.g., the data may not be searchable), in which case, we will notify you if we are unable to do so.
INFORMATION WE COLLECT
We collect both Non-Personal Information and Personal information from you. “Non-Personal Information” is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. “Personal Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.
A. Gathering Non-Personal Information
i. Web Browsers and Web Servers
Like most site operators, we may record Non-Personal Information from you of the sort that web browsers, depending on their settings, may make available. That information includes your Internet Protocol address, operating system and browser type, and the locations of the web pages you view right before arriving at, and immediately after leaving this Site. We also collect Non-Personal Information of the type customarily logged by web server software, including but not limited to the date and time, the originating IP address, the information requested, and the completion status of the request.
A “Cookie” is a string of information that a site stores on your computer. Your browser provides a Cookie to our Site each time you submit a query to our Site. We may use persistent Cookies or persistent tracking technologies, such as those used for session customization for returning visitors on the Site. We may also use memory resident Cookies (not persistent) to maintain browser session integrity. We do not collect Personal Information through Cookies.
For EU individuals, essential cookies also help inform ARES whether you require, or have already been served, an affirmative consent request in connection with the GDPR. Essential cookies include analytics cookies, which provide us data that allows ARES to better understand its users and improve the Site based on what we have learned from that data.
iii. Web Beacons
A “Web Beacon” is an object that is embedded in a web page. It is usually invisible to you but allows site operators to check whether you have viewed a particular web page or email communication. We may place Web Beacons on pages of this Site and in emails we send to you.
You may not decline Web Beacons. However, they may be rendered ineffective by declining all Cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
B. Gathering Personal Information
As defined above, Personal Information is information that can be directly associated with a specific person or entity. We will only collect Personal Information that you knowingly submit to us. We will not disclose your Personal Information to third parties unless we obtain your permission to do so at the time we collect it, except as set forth in the “How We Use The Information We Collect” section below. We collect Personal Information that you voluntarily supply when you use the interactive features of our Site. For example, you may choose to submit Personal Information to us when you create an account to apply for a job on the Site, when you subscribe to receive communications from us, when you submit information in connection with contacting us, or when you otherwise provide or post information via the Site.
HOW WE USE THE INFORMATION WE COLLECT
A. Non-Personal Information
We may analyze Non-Personal Information we gather from you to help us better understand how this Site is being used. For example, we use Non-Personal Information to determine the traffic through the web server, the number of pages served, and the level of demand for pages of interest. We may also analyze access to particular pages to determine use and other statistics. By identifying patterns and trends in usage, we are better able to design this Site to improve your experiences both in terms of content and ease of use. We link information gathered using Non-Personal Information to Personal Information.
B. Personal Information
We may use the Personal Information that you submit for any purpose related to our business.
How we disclose the Information we collect
A. Non-Personal Information
From time to time, we may release Non-Personal Information gathered from Site users in the aggregate, such as by publishing a report on trends in the usage of this Site.
B. Personal Information
Employees, Third-Party Processors and Third-Party Service Providers
We will disclose Personal Information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers who process Personal Information on our behalf, participate with us in the provision or operation of this Site or provide you with services.
ii. By Law, to Protect Rights and to Comply with Our Policies
We disclose Personal Information if: (1) required to do so by law, or in response to a subpoena or court order; (2) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (3) we believe that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
Notice to EU Individuals: As outlined in this Privacy Statement, ARES will not process your user information without a lawful basis to do so, as such bases are defined in Article 6 of the GDPR. In general, ARES will process your user information on the legal bases of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted above). ARES may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Site, learning from your behavior on the Site (e.g., analyzing traffic) to better serve you and other Site users, helping us modify or enhance the Site and its content, receiving insight as to what users do (and don’t) like about our Site or aspects thereof, and providing a stable, consistent, and secure user experience in connection with the Site.
iii. Business Transfers or Bankruptcy
We reserve the right to transfer all Personal Information in our possession to a successor entity in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Statement, or to a new privacy Statement if you are given notice of that new privacy Statement and you affirmatively opt-in to accept it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy Statement adopted by the successor entity.
iv. Marketing Communications
We or our third party affiliates will email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving these marketing materials, please follow the instructions at the bottom of each email for opting out.
From time to time, we may also ask you to participate in surveys for our general business and marketing purposes. Any Personal Information provided to us in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Statement only in non-personally-identifying, aggregated form.
vi. Contests, Giveaways and other Promotions
From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Statement. You will be given the option to consent to the use of your Personal Information at the time you sign up for the promotion. You will not be required to participate in any promotion.
THIRD-PARTY COLLECTION AND USE OF YOUR INFORMATION
Our Site may contain links to other websites, including various social media websites. We welcome standard character links to this Site’s homepage. We do not permit deep linking, framing or inline linking to this Site or any portion of it.
This Privacy Statement does not apply to information you provide to third-party sites or gathered by the third parties that operate them. Third parties are under no obligation to comply with this Privacy Statement with respect to Personal Information that you provide directly to those third parties or that those third parties collect for themselves. Before visiting a third party site, and before providing any Personal Information to any third party, you should inform yourself of the privacy policies and practices of the third party responsible for that INTERNATIONAL TRANSFERS
The international footprint of ARES involves a large number of transfers of personal information between different subsidiaries, as well as to third parties located in the countries where we do business. Some countries have implemented transfer restrictions for personal information, in connection with which ARES takes various measures.
We follow generally accepted industry standards to protect the information we collect. That said, no data security measures are 100% secure. Therefore, while we implement reasonable physical, technical, and administrative measures to protect the information we collect, we cannot guarantee its absolute security.
CHANGES TO THIS PRIVACY STATEMENT
Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Privacy Statement without prior notification to you. We will post a copy of the new statement with its effective date on the Site. You should regularly review this statement to ensure that you are informed of any changes.
CHANGES TO Your personal information
Requests for the removal of personal information from our readily accessible business records should be directed to: ARES Holding Corporation, 1440 Chapin Avenue, Suite 390, Burlingame, CA 94010-4061, Attention: Director of Online Customer Relations.
The Site is intended for people who are at least 16 years of age.
If you are less than 16 years old, please do not send any user information to us–including information such as your name, address, or e-mail address. We do not knowingly collect (nor do we wish to collect) any personally identifiable information or other user information from children under the age of 16. In the event that we learn we have collected any personal information from a child under the age of 16, we will delete that information from our database and terminate the corresponding account, if any. We encourage you to discuss the Site with your parent or guardian.
If you have any questions regarding this Privacy Statement, please contact us at firstname.lastname@example.org.
Terms and conditions
TERMS and conditions – EFFECTIVE DATE March 1, 2013
Welcome to the website of ARES Holding Corporation and its present and future Affiliates (collectively, “ARES”, “we,” “us,” or “our”). ARES maintains the www.arescorporation.com website (“Site”). By using the Site, you agree that you have read, understand and agree to theses terms and conditions (“Terms and Conditions”). If you do not agree, then please do not access and use the Site or any content or materials.
Your Feedback and Submissions
ARES invites you to send in your questions or comments about this Site or our products and services, or to bring to our attention any information that you believe to be inaccurate.
Please note that all submissions to this Site becomes the sole property of ARES and may be used (or not), reproduced, modified, publicly displayed and/or distributed in ARES sole discretion without notice or payment or other consideration to you of any kind. In consideration of your use of the Site, you hereby assign all of your right, title and interest in and to your submissions to ARES.
You are solely responsible for any information that you submit to us. By submitting materials to this Site, you represent and warrant that:
(a) the information you submit is truthful and accurate;
(b) you will update your contact information if it changes so that we can contact you;
(c) your use of this Site and your use of services available on this Site do not violate any applicable law or regulation;
(d) you are 13 years of age or older;
(e) your submissions, postings or transmissions are not defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, harmful, racially or ethnically offensive, lewd, lascivious, filthy, excessively violent, harassing, illegal, defamatory or otherwise objectionable, including but not limited to, materials that incite, encourage or threaten physical harm against another, promote racism, bigotry, sexism, religious intolerance or harm against any group or individual or contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
(f) you will not submit materials that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
(g) you own or have sufficient rights to submit your materials, on or through this Site;
(h) you have fully complied with any third-party licenses relating to the materials you submit to us, agree to pay all royalties, fees and any other monies owning any person by reason of materials you submit to or through this Site;
(i) you will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent; and
(j) you will not submit materials that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
ARES reserves the right (but assumes no obligation) to delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Ordering Products and Services / Account Registration
ARES may make products and services available for order via this Site from time to time. To place an order, access certain services or participate in certain online activities on this Site, ARES may require you to register and provide a user name and password and other information. You agree to preserve the confidentiality of your password and to notify ARES us of any known or suspected unauthorized use of your account. Any order via this Site shall be subject to the availability, terms, and other conditions that apply to the particular products and services at the time the order is placed. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice to you.
Links to and from Third Party Sites
Our Site may contain links to other websites, including various social media websites. We welcome standard character links to this Site’s homepage. We do not permit deep linking, framing or inline linking to this Site or any portion of it.
ARES does not own or operate such third party sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through third party sites. Please note that ARES is not responsible for the content, products or services found on any third party website linked to or from this Site. Any link to or from another website is for the convenient use of visitors only and does not constitute an affiliation, sponsorship, representation, warranty or endorsement of the owner of the linked site or of any third party content, products or services. No link to this Site shall state or imply any affiliation, sponsorship, or endorsement of the third party site, products or services by ARES without the prior written consent of ARES.
Ownership and Property Rights
This Site and the content, information and materials available through this Site are the property of ARES or its licensors, and are protected by domestic and international copyright, trademark and other intellectual property laws, all rights reserved.
You may access, review, download and print information and materials made available from this Site for non-public, non-commercial uses only (not excluding internal business use for a contemplated or actual business relationship with ARES). If you download or print a copy of the materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any materials or enforce limitations on use of this Site or the materials on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
Except as stated herein or as permitted by law, you may not use, reproduce, publicly display, transmit or distribute any portion of this Site, its content, information or materials (including without limitation any trademark, service mark or other designation of source, origin or affiliation appearing on this Site), without the prior written consent of ARES or its licensors.
Requests for permission to reproduce publicly display or distribute any information or materials found on this Site should be sent to ARES Holding Corporation, 1440 Chapin Avenue, Suite 390, Burlingame, CA 94010-4061, Attention: Mr. Stanley Lynch.
By accessing and using this Site, you agree to indemnify, defend, and hold harmless ARES (including all of its officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of these Terms and Conditions or other unauthorized use of this Site, its content, information and materials. Your indemnification obligation shall survive the termination of your use of this Site and/or its content and materials. ARES reserves the right at is sole expense to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with ARES in connection with any such defense.
Disclaimer of Warranties and liability
THIS SITE AND ALL MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”
YOU AGREE THAT THE USE OF THIS SITE AND ITS CONTENTS AND MATERIALS ARE AT YOUR SOLE RISK.
ARES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
without limiting the generality of the foregoing, WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. BY OPERATING THIS SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THIS SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL.
ARES AND ITS AGENTS AND LICENSORS DO NOT WARRANT THIS SITE OR ITS CONTENT, INFORMATION AND/OR MATERIALS WILL BE ACCURATE, COMPLETE, USEFUL FOR ANY PARTICULAR PURPOSE, TIMELY, ERROR-FREE, AVAILABLE AT ALL TIMES OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY ACCESS AND USE OF CONTENT, MATERIAL AND/OR DATA OBTAINED THROUGH THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARES NOR ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OR MISUSE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN, EVEN IF ARES, ITS AGENTS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a reasonable estimation of harm, you agree to pay us $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through this Site.
LIMITATION ON LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Termination of Access or Services
ARES retains the right at any time to terminate, suspend or deny access to this Site and its content and/or materials or services for any reason, or to anyone who fails to comply in full with these Terms and Conditions, or to anyone who threatens or attempts to violate any of these Terms or Conditions or any other terms, agreements, or policies that apply to this Site or its content or materials, as ARES may determine in its sole discretion.
TERM AND SURVIVAL
This Agreement shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time. Even after your use and participation is terminated, all provisions of this Agreement will remain in effect.
Changes to terms and conditions
Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify our Terms and Conditions without prior notification to you. We will post a copy of the new Terms and Conditions with its effective date on the Site. You should regularly review these Terms and Conditions to ensure that you are informed of any changes.
Choice of law
These Terms and Conditions have been made in and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules provisions.
You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in and for San Francisco County, California, USA for any dispute arising from or related to these Terms and Condition or the access and use of this Site or any content, materials or services obtained through this Site.
To the extent any sales are made pursuant to this Site, these Terms and Conditions and any related transaction agreement shall not be governed by the United Nations Convention on the International Sales of Goods, the application of which is hereby excluded.
If you have any questions regarding these Terms and Conditions, please contact us at email@example.com.
This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.
Without limiting the foregoing, under no circumstances shall ARES or its agents or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.