1. Collection and Use of Personal Information.
In the event you contact NECO through a contact form on the Site or via email, you may be required to furnish certain basic contact information such as your name, e-mail address, mailing address and telephone number (any and all of the foregoing, “Basic Information”), which information may be retained by NECO. If you subscribe to NECO’s e-mail mailing list, NECO will collect your name and e-mail address. This information will be used to operate, maintain, and provide you with the features and functionality of the Sites. NECO may also use Basic Information for direct communication with you. NECO may send you newsletters, promotions and special offers by e-mail. In case you do not want to receive such messages, you can unsubscribe from mailing list or change your preferences related to mailing. NECO may also use your Basic Information to send you Site-related emails (e.g., account verifications, changes/updates in the Sites, and technical and security notices).
Certain types of usage information are automatically collected when you visit a Site.
- Device identifiers. When you access the Site with a computer, mobile device or other device, NECO may access, collect, monitor and/or remotely store one or more device identifiers. Device identifiers are small data files associated with your electronic device, which uniquely identify such device and may be stored on it. A device identifier may contain data related to the device hardware, data related to the operating system or other software installed on the device, or data sent to the device by NECO. A device identifier may send browsing information and information about your usage of the Sites to NECO.
- Analytical information. NECO may directly collect analytical data, or use third-party analytics tools to be provided with data regarding traffic and usage trends. Such tools gather information sent by your browser following a web page request. The information includes the web pages you visit, your browser add-ons, your browser window's width and height, and other data that assists us in improving the Sites. NECO may collect and use this analytical information aggregately, and thus, identification of any particular individual user would not be possible.
- Cookies information. When you use or access a Site, NECO or third party partners may send one or more cookies to your computer. Cookies are small text files containing a string of characters that identify your browser and facilitate the log in process and make your browsing experience in the Sites easier. A cookie may also send NECO information about your actions when using the Sites (e.g., the pages you visit, the buttons or links you click and other actions). This allows NECO or its business partners to track how you use the Sites over time. NECO’s cookies do not collect personally identifiable information. You can set your web browser to refuse all cookies or to show an alert when a cookie is being sent. Please be informed that some features of the Sites may not function properly if cookies are refused.
- Log file information. Log file information is automatically sent by your browser when you visit a web page. When you access a Site, NECO’s servers record certain log file information. Such server logs include anonymous information, including, but not limited to, your web request, Internet Protocol (“IP”) address, type of your browser, referring pages and URLs, how many clicks you've made and information about your interaction with links on the Sites, domain names, landing pages, and pages visited.
- Location data. When you access the Sites with a computer, mobile or other device, NECO may access, collect, monitor and/or remotely store location data. Location data may give NECO browsing information and information relating to your usage of the Sites.
3. Shared Information
NECO will not sell or share your Basic Information other than as outlined below:
- Change of Control. NECO may sell, liquidate, transfer all or any portion of its ownership, or any of its products, services, assets and/or businesses in any combination to one or more third parties within the framework of a corporate divesture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation or any similar transactions and procedures. In any such event, all information, including Personal Information, may be transferred to the acquiring entity or entities.
- Third Parties. NECO may send your Basic Information to third-party business partners, consultants and service providers that operate on NECO’s behalf for the purpose of providing the Sites to you (e.g., advertising networks, content or service fulfillment providers, email providers, analytics companies, etc.). NECO may also provide your Basic Information to its business partners offering services jointly with NECO (e.g. during a co-sponsored contest or promotion).
- Circumstances in which NECO is required to share your information. Your information will be disclosed by NECO if such a disclosure is required by law or a summons or if NECO makes a decision that such disclosure is necessary to:
- comply with the law, a judicial proceeding, court order, or other legal process;
- to guarantee or protect the rights, property, and/or personal safety of NECO, the users of the Sites or any other individuals or companies.
4. Your Choices Regarding Your Information
As noted above, NECO allows third party advertising networks or similar third party partners to collect information about your browsing activities across websites when you access or use NECO’s Sites. Such information is usually collected through cookies or similar technologies, which gather information about the device you are using, and are used to display ads to our Site visitors on other websites. If you would like to disable cookies, please follow the instructions provided by your browser (usually located within the “Help” or “Edit” settings). Please note that if you set your browser to disable cookies, you may not be able to access certain areas of the Sites and other parts of the Site may not work properly.
5. Storing and Protecting Your Information
- Protecting your information. The security of your information is very important to NECO. While NECO has implemented reasonable security measures to protect against unauthorized access to and unlawful interception or processing of the information gathered by the Sites as well as to preserve the integrity thereof, NECO cannot make any express representations or warranties about the security of any information transmitted by you to NECO or collected through the Sites. NECO is not responsible for any third party's operation or security measures.
- Storage and Processing. All of your information collected through the Sites may be stored and processed in the United States or worldwide, wherever NECO or its subsidiaries, affiliates or service providers operate.
- Compromise of Information. In the event any information under NECO's control is compromised as a result of a breach of confidence, NECO will take all reasonable measures to investigate the situation and if appropriate, notify those Site users or other individuals whose information may have been compromised and take other measures according to the applicable laws, regulations and codes.
6. Links to Other Websites and Services
7. Protecting the Privacy of Children Under 13
NECO’s Sites neither target persons who are less than 13 years of age nor knowingly collects personal information from them through the Sites. Basic Information will not be collected from individuals under 16 without parental consent.
8. Email Terms
If you send NECO email messages, you should be aware that information disclosed in email may not be secure or encrypted and thus may be available to others. NECO suggest that you exercise caution when deciding to disclose any personal or confidential information in email.
NECO will not share, sell, rent, swap or authorize any third party to use your email address for commercial purposes without your permission.
Consistent with NECO policies and regulations, NECO upholds the principles of academic freedom and shared governance, freedom of speech, and privacy in the use of electronic resources by our faculty, students and staff.
The NECO Sites contain official pages in support of the core mission of NECO or related administrative business. They also may contain web pages or links to websites generated by groups or individuals whose expressed views do not necessarily represent the views of NECO or the Board of Trustees.
You agree that NECO has the right and discretion to monitor any activity and content associated with its Sites, Site Content, and Site services. NECO may investigate any reported violation or complaints relating to the Sites, Site content, and Site services, and take any action that NECO believes is appropriate including, but not limited to, removing materials from the Sites and terminating/suspending your access to the Sites.
10. Intellectual Property
All trademarks, slogans, service marks, trade names, and trade dress appearing on the Sites are proprietary to NECO and/or our partners, affiliates, licensors or licensees. NECO may change the Sites or delete Site Content or features at any time, in any way, for any reason.
If you have any questions about copyrights or want to request permission to use any Site Content, please contact NECO at firstname.lastname@example.org.
11. Disclaimer and Limitation of Liability
(A) SUBJECT TO APPLICABLE LAW, THE SITE CONTENT OR CONTENT OTHERWISE RELATED IN ANY WAY TO THE SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITES IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NECO DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. NECO DOES NOT WARRANT THAT ANY SITE CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE ANY SITE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF HARM SUSTAINED BY YOU OR YOUR PROPERTY DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST NECO WITH RESPECT TO SITE CONTENT AND ANY CONTENT YOU PROVIDE TO NECO OR THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
Reliance on any information appearing on the Sites is strictly at your own risk.
(B) SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NECO, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ PARTNERS, LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OF THE SITES OR ANY SITE CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL NECO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $100 FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NECO, OUR LICENSORS OR LICENSEES, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
SUBJECT TO APPLICABLE LAW, NECO MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE SITE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
You may also contact the Communications Office at: New England College of Optometry, Office of Communications, 424 Beacon Street, Boston, MA 02115.
14. Changes To This Privacy Statement
Effective Date: May 24, 2018