Privacy Policy and Terms & Conditions - Ben Franklin Technology Partners

Welcome to the Ben Franklin Technology Partners of Southeastern Pennsylvania website, operated by Ben Franklin Technology Partners of Southeastern Pennsylvania (“Ben Franklin”) and located at https://www.sep.benfranklin.org/ (the “Site”). This Privacy Policy addresses Ben Franklin’s practices regarding information collected from visitors of the Site and only addresses information collected directly through or from the Site – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from a visitor (sometimes referred to as “you” or “your”) other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

This Privacy Policy is incorporated into Ben Franklin’s Terms and Conditions for the Site by reference, as if set forth fully therein, which must be reviewed and accepted by you. The Site is not intended for children under the age of 18. It does not knowingly collect personal information online from visitors in this age group.

If you have any questions concerning this Privacy Policy, please email Ben Franklin at info@sep.benfranklin.org.

Collection of Personal Information from Site Visitors. Except as specifically set forth herein, Ben Franklin may collect: (a) the email addresses of users that communicate with Ben Franklin via email; and (b) information knowingly provided by the user through the Site. Ben Franklin may also use Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to gather, store, and track certain information related to your visit to and activity on the Site. If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. Ben Franklin does not override these settings or options, and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products or benefits on the Site, you may be required to provide Ben Franklin with certain information, including some types of personally identifying information such as your email, your address, and your phone number. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products or benefits of the Site.
Use of Personal Information Collected. Personal information collected by Ben Franklin may be used by Ben Franklin for limited purposes, including recordkeeping, editorial and feedback purposes, content improvement, or to customize the content and layout of the Site. Personally identifying information, such as names, postal and email addresses, phone numbers, and other personal information voluntarily provided to Ben Franklin may be added to Ben Franklin’s databases and used for future contact regarding updates to the Site or new services provided by Ben Franklin. From time to time, Ben Franklin may need to contact you regarding information you submitted to Ben Franklin. You agree that Ben Franklin may use your personal information for such contact with you. Ben Franklin may also desire to contact you for market research purposes or to provide you with marketing information that Ben Franklin believes would be of particular interest. You will have the option of not being contacted by Ben Franklin and opting-out of such communications by emailing Ben Franklin at info@sep.benfranklin.org.
Disclosure of Personal Information to Third Parties. Except as specifically set forth herein, any personally identifying information that you provide to Ben Franklin through the Site will not be disclosed to other third party entities not affiliated with Ben Franklin. Your personal information and data, whether personally identifying or not, may be disclosed or distributed to another party with which Ben Franklin enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by Ben Franklin in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of Ben Franklin or any other person or entity. Your personal information and data, whether personally identifying or not, may also be provided to third parties that contract with Ben Franklin to provide products, information or other services that Ben Franklin believes that visitors to the Site may be interested in obtaining. While Ben Franklin may undertake efforts to see that any third party to which Ben Franklin discloses personal information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which Ben Franklin exercises no control. Ben Franklin is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
Links to Other Sites. The Site may also contain links to third party websites, for the convenience of users in locating information, products, or services that may be of interest. If you access a third party website from a link on this Site, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. Ben Franklin is not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. Ben Franklin does not control these third parties’ use of cookies, collection of information, or how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other websites, advertisers and any third parties.
Security Measures and Communicating with Ben Franklin. The confidentiality of any communication or material transmitted to or from Ben Franklin via the Site or via email cannot be, and is not, guaranteed. You acknowledge that the technical processing and transmission of the Site’s content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Ben Franklin is not responsible for the security of information transmitted via the Internet.
Access to and Ability to Correct Personal Information; Opt-Out Right. Upon your request, Ben Franklin will provide you with a summary of any personal information retained by Ben Franklin that has been voluntarily provided by you to Ben Franklin through email, contact forms, or other online avenues. You may modify, correct, change or update your personal information by emailing Ben Franklin at info@sep.benfranklin.org. Except as necessary to obtain the services or information requested, you may opt out of having your personal information, which has been voluntarily provided by you to Ben Franklin through email, contact forms, or other online avenues, prospectively retained by Ben Franklin or used by Ben Franklin for secondary purposes, by contacting Ben Franklin. This provision does not apply to collection of the type of web browser used to visit the Site or to information provided or collected that does not meet the description hereunder.
California Residents. California Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request by email to info@sep.benfranklin.org.
Right to Change Privacy Policy. Ben Franklin reserves the right at any time to modify, alter or update this Privacy Policy. Your use of the Site following any changes means that you agree to follow and be bound by the Privacy Policy as changed. Any change to this Privacy Policy shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Policy since their last visit.

WEBSITE TERMS AND CONDITIONS

By accessing, viewing, or using the content, material, or services available on or through this Site, you represent that you are 18 years of age or older, that you have read and understand these Terms, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately.

Any personal information that you provide to Ben Franklin or that is collected from you via the Site is subject to our Privacy Policy.

Proprietary Rights. As between you and Ben Franklin, Ben Franklin owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and Ben Franklin, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Ben Franklin or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
Unauthorized Activities. You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with Ben Franklin; (c) attempting to gain unauthorized access to Ben Franklin’s computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial use of the Site; (e) any downloading or copying of the Site Materials for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials only as consistent with these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Ben Franklin is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to Ben Franklin and that, in the event of such unauthorized use, Ben Franklin shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Third Party Websites and Content. The Site may contain links to other websites for the convenience of users in locating and utilizing information, products, or services that may be of interest. The Site may also incorporate features and services provided by third parties, such as application forms or applications submission services (including, without limitation, those provided by Proseeder Technologies, LLC). Use of such third party links, features, and services, the Site and the Site Materials, and any other material or content on and made available through the Site is entirely at your own risk. Ben Franklin does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites is at your own risk, and subject to the terms and conditions of such other websites – including the terms and conditions of Ben Franklin’s third party payment processors. Ben Franklin does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
The Site and the Site Materials are for informational purposes only. Without limiting anything else in these Terms or otherwise, Ben Franklin is not responsible for any errors or omissions in the Site or Site Materials. Ben Franklin, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, products, data, services, links, advertisements or other items contained within the Site. Ben Franklin reserves the right to immediately remove any Site Materials for any reason, or for no reason. Ben Franklin cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials and that you may not rely on such Site Materials.

THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. Ben Franklin AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF implied warranties, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL of THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.

LIMITATION of Liability. Ben Franklin AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR Ben Franklin HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Ben Franklin AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF Ben Franklin AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel Ben Franklin has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify Ben Franklin and its directors, officers, employees, agents, contractors, customers, clients and licensors (“Ben Franklin Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to Ben Franklin, or any breach by you of these Terms and shall indemnify and hold Ben Franklin Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Ben Franklin. Ben Franklin or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Ben Franklin or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Ben Franklin, subject to the right of Ben Franklin to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
Internet Security. Ben Franklin uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Ben Franklin will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Ben Franklin shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Ben Franklin via the Site or the Internet, including, for example, personal information such as your name or address.
Complaint Procedure If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Ben Franklin by email at info@sep.benfranklin.org. with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Changes to these Terms; Termination. Ben Franklin reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Ben Franklin may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing Ben Franklin with untrue or inaccurate information about yourself, for infringement upon Ben Franklin proprietary rights, or for any other reason whatsoever or for no reason.
Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Ben Franklin with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law rules. You hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the City of Philadelphia, Pennsylvania, and you hereby irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, Ben Franklin makes no representation that the Site, Site Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are fully responsible for compliance with applicable laws. The waiver or failure of Ben Franklin to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

Dated: August 19, 2015