One Herd is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is the information provided by you to One Herd considered protected health information under HIPAA. Therefore, One Herd does not need to comply with HIPAA privacy or security rules.
Your Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: email@example.com; send us correspondence to: One Herd, 502 1st Ave N First Floor Fargo, ND 58102; or telephone us at: 701-478-7768.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: firstname.lastname@example.org; send us correspondence to: One Herd, 502 1st Ave N First Floor Fargo, ND 58102; or telephone us at: 701-478-7768. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
Personally Identifiable Information Collected
By submitting your personal information on the Site, you agree that we may share, sell, rent, lease or otherwise provide that personal information (other than the Sensitive Information) to any third party and we may work with other businesses to bring selected retail opportunities to our users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ personal information as needed to perform their functions for us but we do not permit them to use your personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you on the Site. We may also use your personal information for internal business purposes, such as analyzing and managing our business including, without limitation, the One Herd Offerings. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business, the Site, your request for Site Products or to administer activities on our behalf.
By registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
If you post information, Answers, Reviews, comment on a message board or other Interactive Services forum, or otherwise provide Feedback and/or personal information by and through the Interactive Services and/or Site, you should be aware that any personally identifiable information that you submit there can be read, collected or used by other Members of these forums, and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the personal information that you choose to submit in these forums.
Further, by submitting Feedback and other material via the Interactive Services, you: (a) represent and warrant that One Herd’s use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that One Herd is free to use in any manner all or part of the Feedback and other material on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant One Herd all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Feedback and other material, in whole or in part, or as a derivative work, without any duty by One Herd to anyone whatsoever.
Non-Personal Information Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Internet Explorer, Chrome, Safari), your IP address, the type of operating system that you use (e.g., Windows or Mac OS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products and services.
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the Site; provided, however, that your ability to utilize certain features of the One Herd Offerings may be impaired. We reserve the right to retain Cookie data indefinitely.
Third Party Links
The Site may contain links to other third-party owned and/or operated websites including, without limitation, those of Product Providers. One Herd is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and One Herd has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third party entities are independent third parties and are not affiliated with us.
One Herd provides its users with the opportunity to receive special offers, products and/or services from third parties. Where you indicate the desire to receive certain offers, products or services from a third party during the applicable information collection process, your personally identifiable information that was provided during that One Herd information collection process (other than Sensitive Information) will be shared with the applicable third party so that such third party may provide their product or service to you and so that you do not have to complete another information collection form to purchase or receive that product or service.
To opt-out of having your information shared with third parties, please e-mail at: email@example.com To opt-out of receiving e-mail advertising, telemarketing and direct mail marketing from us, you can follow the instructions at the end of the applicable marketing message or e-mail us at: firstname.lastname@example.org
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for One Herd Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving One Herd Offerings-related, and inquiry response-related messages from One Herd, you must cease requesting the One Herd Offerings and cease submitting inquiries to One Herd, as applicable.
Deleting, Modifying and/or Updating Your Information
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove, update and/or modify the personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: email@example.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted and is protected with SSL encryption software.
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site or otherwise via the Internet or wireless network is at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
We do not knowingly collect information from individuals under eighteen (18) years of age. No information should be submitted to, or posted at, the Site by individuals under eighteen (18) years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.