Privacy Policy

Privacy Policy

The policy described herein (the “Privacy Policy”) describes how Thinking Maps treats information that it collects and receives through its websites, products, services, and content thereon (collectively, the “TM Site”). IF THE PRIVACY POLICY IS NOT ACCEPTED BY YOU IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE ALL ACCESS AND USE OF THE TM SITE.

[SECTION 3 OF THIS PRIVACY POLICY PERTAINS TO PRACTICES REGARDING CHILDREN’S INFORMATION.]

This Privacy Policy is effective as of June 1, 2014.

 

1. Definitions.

a. “Content” – Any and all text, images, photos, audio, video, and all other forms of data or communication contained on or generated by use of the TM Site.

b. “Feedback” – Any and all ideas, suggestions, documents, or proposals submitted to Thinking Maps for purposes of improving the TM Site.

c. “Financial Information” – Any information required in order for a User to pay for access or use of the TM Site or to submit payments for purchases through the TM Site, including but not necessarily limited to credit card information and billing address.

d. “Personal Information” – Any and all information about a User that makes the User personally identifiable, including name, address, email address, and phone number.

e. “Thinking Maps” – Thinking Maps shall refer to Thinking Maps, Inc., a corporation organized under the laws of North Carolina, as well as to its current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, members, employees, agents, and representatives of each.

f. “TM Site” – Shall refer to the website available at the domain name http://www.ThinkingMaps.Com as well as any other of Thinking Maps’s websites, products, services, and content thereon.

g. “Third-Party” – Collectively refers to all parties other than Thinking Maps and its Users.

h. “Third-Party Content” – Content made available on the TM Site by parties other than Thinking Maps or Users, including but not necessarily limited to data submitted by advertisers.

i. “User” – Anyone who accesses, browses or in any way uses the TM Site, including but not limited to Users with valid User Profiles. As used in the Privacy Policy, the terms “you” and “your” refer to you and/or the business entity or organization that you represent as a User of the TM Site.

j. “User Profile” – Profile and account created by or for a User for the purpose of accessing certain features of the TM Site.

 

2. General.

a. By accessing and using the TM Site, you acknowledge that you have read and understand the Privacy Policy and that you accept and agree to be bound by the terms and conditions of the Privacy Policy.

b. The Privacy Policy may be updated by Thinking Maps from time to time without notice. You can review the most current version of the Privacy Policy by revisiting this page. You should revisit the Privacy Policy on a regular basis as revised versions are binding on you. Thinking Maps may provide you with notices, including those regarding changes to the Privacy Policy, by email, regular mail, or postings on the TM Site.

c. You understand and agree that your continued access to or use of the TM Site after any modification to the Privacy Policy indicates your acceptance of the modification.

d. This Privacy Policy does not apply to the practices of Third-Parties, including the owners of advertisements on the TM Site or to parties other than Users of the TM Site. If you select a link to be taken to the website of a Third-Party, Thinking Maps encourages you to review the separate privacy policies and terms of use/service for each site that you visit.

e. Thinking Maps is not responsible for Third-Party acts or omissions, including the practices of any Third-Party websites or the nature of Third-Party Content, including advertisements that may be placed on the TM Site.

 

3. Policy regarding use of the TM Site by minors/children.

a. Some access and use of the TM Site may be limited with regard to children and not directed to people under the age of 13, and Thinking Maps does not knowingly collect any personal information from people under the age of 13 for such access and use. For access and use of the TM Site where collection of personal information from children is intended, including creation of a User Profile, such collection of personal information of children is subject to further measures to protect privacy, including agreement by the contracting organization that it has and provides verifiable parental consent for Thinking Maps to collect, use, and disclose personal information from such children, limiting collection of personal information of children to no more than is reasonably necessary, and enabling parents to review and request revision or deletion of personal information collected on their children, and if such information is not aggregated or anonymized, how that personal information may be used or disclosed.

b. Thinking Maps collects personal information as noted for creating User Profiles of the children and uses that information to enable use of the TM Site, to confirm associated organizations, for internal purposes, and for data aggregation and anonymization. Parents may allow collection and use of personal information without allowing disclosure of personal information to third parties not for internal purposes. However, generally Thinking Maps does not (i) disclose personal information except to third parties for internal purposes (and subject to agreement to maintain confidentiality) or as legally required (though some Users may publicly disclose their own personal information on the TM Site), (ii) disclose personal information of children publicly on the TM Site, and (iii) provide advertising directed toward children on the TM Site. Generally, Thinking Maps may aggregate or anonymize such information so that it no longer reasonably identifies individuals and is no longer personal information, and use or share such aggregated or anonymized information to enable the production and enhancement of products and services.

c. If you would like to review personal information that Thinking Maps has collected on your child, to withdraw consent to further collection, use, and/or disclosure of that information, or to revise and/or delete such personal information, please contact Thinking Maps (at the contact information below).

d. If Thinking Maps discovers that it has collected personal information from a child inconsistent with legal requirements, Thinking Maps will either delete the personal information or promptly seek parental consent for that collection.

 

4. Translations.

a. Thinking Maps may translate the Privacy Policy into languages other than English for your convenience. However, the English version governs your relationship with Thinking Maps and any inconsistencies in the translations will be resolved in favor of the English version.

 

5. User Profiles.

a. In order to access and use certain features of the TM Site, including but not limited to the ability to purchase products or services on the TM Site, you must create a valid User Profile. Information that Thinking Maps may collect when you create or update a User Profile includes, but is not limited to:

i. First and last name and/or organization name

ii. Physical address

iii. Email address

iv. Phone number, including area code

v. Certain additional information that Thinking Maps may find relevant.

b. Once you have created a valid User Profile, you will be able to purchase or generate products through the TM Site. In order to purchase, you will need to submit certain Financial Information, which may be stored in association with your User Profile.

c. Certain information provided relative to a User Profile may be corrected or updated via your User Profile or via a contracting organization.

d. User Profiles may have a unique username and a password to use in accessing such User Profiles.

e. Even after you remove information from your User Profile or delete your User Profile, copies of your information may remain viewable elsewhere to the extent it has been shared with others, posted publicly, or copied or stored by other Users, and may remain in the possession of Thinking Maps.

 

6. Submitting content on the TM Site.

a. You may contribute content that is available to Users of the TM Site in a number of ways, including but not limited to your User Profile and posting Content (collectively hereinafter referred to as “Public Content”).

b. Public Content submitted by Users may be accompanied by the User’s username and may be available to any other Users of the TM Site.

c. Thinking Maps is not responsible for the information you choose to make public, and your contributions may remain on the TM Site, even if you delete your User Profile. Please note that if you include sensitive information (including but not necessarily limited to Personal Information and/or Financial Information) in Public Content, it will be available to others.

d. When you post Public Content on the TM Site, information contained in your User Profile, including Personal Information, may be accessible to others.

e. Users may flag any User submitted material that they believe is inappropriate to Thinking Maps by submitting Feedback or otherwise contacting Thinking Maps. Thinking Maps may, in its sole discretion, decide to display, modify, or delete this material. Views expressed in User submitted material do not reflect the views of Thinking Maps.

f. You understand that information that you submit to the TM Site might be re-shared or copied by other Users.

g. Thinking Maps does not claim ownership of User submitted Public Content. However, to enable Thinking Maps to use and display Public Content, you grant Thinking Maps a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit any of your submitted Public Content.

 

7. Information received by Thinking Maps and how Thinking Maps uses that information.

a. Thinking Maps may use information that you provide for routine administrative purposes, including but not limited to investigating abuses on the TM Site, responding to inquiries, and enforcing and applying the Terms of Service.

b. Thinking Maps may keep track of some of the actions you take on the TM Site, such as adding or revising profile information.

c. When you access the TM Site from a computer, mobile phone, or other device, Thinking Maps may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.

d. Thinking Maps may share aggregated information with Third-Parties to help improve or promote the TM Site. No Personal Information is revealed in this aggregated information.

e. Removed and deleted information may or may not persist in backup copies for up to 90 days or longer, but such backup copies will not be available to others.

f. Thinking Maps may disclose information about you, including Personal Information and Financial Information, in response to requests from law enforcement officials in connection with their official duties (for example, criminal investigations, subpoenas, court orders, etc.) or if Thinking Maps is otherwise required to disclose such information by law. Thinking Maps also will release information where disclosure is necessary to protect its legal rights, to enforce the Terms of Service or other agreements, or to protect Thinking Maps or others from fraud.

g. Financial Information submitted may be stored by Thinking Maps and may be provided to financial-services corporations such as credit-card processors and issuers in order to collect and process payments.

h. Administrators of the TM Site and/or companies hired by Thinking Maps to perform technical/customer support may have access to information stored by Thinking Maps, including but not limited to Personal Information and/or Financial Information. Thinking Maps will make reasonable efforts to protect the confidentiality of Personal Information, including access, use, or disclosure by such individuals or companies.

i. Thinking Maps reserves the right to send certain communications relating to Thinking Maps or the TM Site to the email address associated with your User Profile. You may opt out of all communications except updates essential to your User Profile. Thinking Maps may include content you see on the TM Site in emails that it sends to you.

 

8. Cookies, web beacons and clear GIFs.

a. Like many sites, the TM Site may employ cookies and web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of the TM Site, recognize Users, and track your usage of the TM Site. Cookies are small pieces of alphanumeric information that are stored as text files by your Internet browser on your computer’s hard drive. Web beacons assist in delivering cookies and help Thinking Maps determine whether a web page on the TM Site has been viewed and, if so, how many times.

b. Cookies controlled by Thinking Maps are not “spyware” and cannot infiltrate a User’s hard drive to access a User’s confidential information.

c. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from websites or to remove cookies from your hard drive, but if you do, you may not be able to access or use certain portions of the TM Site.

d. During some visits, Thinking Maps may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

 

9. Information storage and security.

a. Thinking Maps has physical, electronic, and procedural safeguards that comply with federal regulations and industry standards to protect Users’ information.

b. Thinking Maps may use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior.

c. No method of transmission over the Internet, or method of electronic storage, is 100% secure. As a result, while Thinking Maps strives to use all reasonable methods to protect your information, it cannot provide a guarantee with regard to its absolute security. Thinking Maps cannot control the actions of other Users with whom you share your information. Thinking Maps cannot guarantee that only authorized persons will view your information. Thinking Maps cannot ensure that information you share on the TM Site will not become publicly available. Thinking Maps is not responsible for third-party circumvention of any privacy settings or security measures on the TM Site. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

d. You should report any security violations to Thinking Maps.

 

10. Miscellaneous.

a. If any provision, or portion thereof, of the Privacy Policy is unenforceable, prohibited, or invalid under, or contrary to, any applicable statute or rule of law, it will be modified to the least extent necessary to make it enforceable, such unenforceability shall not affect any other provision of the Privacy Policy, and the remaining Privacy Policy will remain in full force and effect. Further, such invalidity, prohibition, or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

If you have any questions or concerns regarding the Privacy Policy, you may contact Thinking Maps. Please report any violations of the Privacy Policy to Thinking Maps.

Legal Dept.

Thinking Maps, Inc.

401 Cascade Point Lane

Cary, North Carolina 27513

TMLegal@ThinkingMaps.com