Privacy Policy
TNG, ATIXA, and NABITA (collectively referred to as the “Company”) provide services and information online in a manner that respects and protects your privacy. The Company want you to be familiar with how we collect, use, and disclose information, including information that may be collected through third-party service providers. This policy describes our practices in connection with information that we collect through websites operated by us from which you are accessing this Privacy Policy, through the software applications made available by us for use on or through computers and mobile devices, through our social media presence (collectively, our “Social Media Pages”), through HTML-formatted email messages that we send to you that link to this Privacy Policy, and through offline activities as detailed in this Privacy Policy. Collectively, we refer to all of these above as the “Technology.”
Disclosure of Personally Identifying Data
The Company may disclose personally identifying data to our affiliates, owned or controlled by the Company, for the purposes described in this Privacy Policy and to our third-party service providers to facilitate services they provide to us. Additionally, by using the Technology, you may disclose personally identifying data on listservs, message boards, chat, profile pages, blogs and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Any information you post or disclose through these services will become public and may be available to other users and the general public.
The Company and its third-party service providers use personally identifying data to respond to your inquiries and fulfill your requests when you contact us via one of our online contact forms or when you send us questions, suggestions, or requests for other information. The Company uses personally identifying data to provide you with information about the products, publications, programs, and services that may interest you. The Company uses the information provided in individuals’ profiles to customize information sent or presented. The Company also uses personally identifying data to analyze or predict users’ preferences in order to prepare aggregated trend reports on how our digital content is used, and so that we can continue to improve our Technology and other services. The Company may use publicly available data to further customize the information that individuals may receive or be presented with based upon an individual’s identity as an employee of a particular institution or organization.
The Company uses third party advertising, analytics, and measurement partners to serve you advertisements on the Services as well as across other sites and services. These third parties may set their own cookies or pixels or similar web technologies on the Services and elsewhere online that enables them to collect information about users’ online activities over time and across different websites. The Company may also disclose your geolocation information to third parties so that they may provide you with geographically relevant advertising.
The Company may use data for additional operational purposes, such as in audits to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements; for fraud and security monitoring purposes, including for example, to detect and prevent cyberattacks or attempts to commit identity theft; for developing new offerings, initiatives, and services; for enhancing, improving, or modifying our current offerings, initiatives, and services; for identifying usage trends; and for determining the effectiveness of our promotional and informational campaigns so that we can adapt to the needs and interests of our users.
The Company may also use and disclose your personally identifying data as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so. This could include, enforcing any terms and conditions of any contract; to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and/or in connection with a sale, reorganization, merger, business transaction, and/or any transfer or disposition of all or any portion of our business, assets, or stock.
The Company will not sell personally identifying information, including phone numbers, email addresses, or similar to third parties.
Collection and Disclosure of Other Information
The Company may use and disclose other information for any purpose, except where we are required to do otherwise under applicable law. The Company and our third-party service providers may collect other information through web browsers or automatically through your device, and we use this information to ensure that the Technology function properly. Additionally, cookies, which are pieces of information stored directly on the computer that you are using, allow us to collect information such as time spent on the Technology, pages visited, and other traffic data. The Company and our third-party service providers use the information for security purposes, to facilitate navigation, and to display information more effectively. The Company also gathers statistical information about use of the Technology in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. The Company also tracks use of the Technology and collects other information, including, but not limited to, pixel tags, analytics, IP addresses, and/or physical locations, in order to allow us to improve our Technology.
Security, Choices, and Access
The Company uses reasonable organizational, technical, and administrative measures to protect personally identifying data. Unfortunately, no data transmission or storage system can be guaranteed to be entirely secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us using the contact information listed below.
The Company gives you certain choices regarding our use and disclosure of your personally identifying data for promotional purposes. If you no longer want to receive promotional emails, you may opt-out according to instructions in such communications. The Company will try to comply with your request(s) as soon as reasonably practicable. If you opt-out of promotional emails from us, we may still send you important administrative messages, from which you may not opt-out.
Access to, change of, or deletion of your personally identifying data
To the extent these rights are provided to you by applicable law, if you would like to request to review, correct, update, suppress, restrict, or delete personally identifying data that you have previously provided to us or object to the processing of personally identifying data, please contact us at webmaster@tngconsulting.com. The Company will respond to your request consistent with applicable law.
The Company retains personally identifying data for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. Factors may include: the length of time we have an ongoing relationship with you and provide the Technology to you (for example, for as long as you have a relationship with us or keep using the Technology); whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
Third Party Technology
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Technology link, including third-party payment services. The inclusion of a link on the Technology does not imply endorsement of the linked site or service by us or by our affiliates. In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, app providers, social media platform providers, operating system providers, wireless service providers or device manufacturers, including with respect to any personally identifying data you disclose to other organizations through or in connection with our Social Media Pages. The Company may use a third-party payment service to process payments made through the Technology. If you wish to make a payment through the Technology, your personally identifying data will be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. The Company has no control over, and is not responsible for, this third party’s collection, use and disclosure of your personally identifying data.
Governing Law
This Privacy Policy is governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles. By using the Technology, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
Jurisdiction and Venue
Any legal action or proceeding arising out of or relating to this Privacy Policy shall be brought exclusively in the state courts of the Commonwealth of Pennsylvania, or the United States District Courts located in Pennsylvania. By using the Technology, you agree to irrevocably submit to the exclusive jurisdiction and venue of such courts in any such action or proceeding. You further agree to waive any objection based on improper venue or forum non conveniens with respect to any such action or proceeding in these courts.
Class Action Waiver
To the fullest extent permitted by applicable law, you and Company agree that any dispute, claim, or controversy arising out of or relating to this Privacy Policy, the collection, use, disclosure, or retention of information, or any related services or practices (collectively, “Privacy Claims”) shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, private attorney general, or mass action proceeding. No arbitrator or court may consolidate the claims of multiple persons or otherwise preside over any form of a class, collective, consolidated, representative, private attorney general, or mass action proceeding as to any Privacy Claims.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE RELATED TO THIS PRIVACY POLICY SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
Limitation of Liability
To the maximum extent permitted by applicable law: (a) in no event will the Company, its affiliates, or their respective officers, directors, employees, or agents be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to this Privacy Policy or our processing of your personal information; and (b) the total aggregate liability of the Company, its affiliates, and their respective officers, directors, employees, and agents for any and all claims, losses, liabilities, damages, costs, or expenses of any kind, whether in contract, tort (including negligence), statute, or otherwise, arising out of or relating to this Privacy Policy or our processing of your personal information, shall not exceed one hundred dollars ($100). By using the Technology, the parties irrevocably agree to waive any damages, statutory or otherwise, exceeding one hundred dollars ($100).
Waiver of Attorneys’ Fees
You acknowledge and agree that you waive any right to recover attorneys’ fees, costs, or expenses from the Company, its affiliates, or their respective officers, directors, employees, or agents in connection with any claim arising out of or relating to this Privacy Policy or our processing of your personal information, except where such waiver is prohibited by applicable law.
Statute of Limitations
To the maximum extent permitted by law, you and the Company permanently and irrevocably waive the right to bring any claim under this Privacy Policy, including any Privacy Claim, in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. The written notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties expressly waive any longer statute of limitations or repose that might otherwise apply. If a claim under this Privacy Policy, including any Privacy Claim, is not filed within this one-year period, it is permanently barred.
Severability
If any provision of this Privacy Policy is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible and, to the extent necessary, deemed modified to the minimum extent required to render it valid and enforceable while preserving, to the greatest extent possible, the parties’ original intent. If such modification is not possible, that provision shall be severed from this Privacy Policy, and the remainder of this Privacy Policy shall continue in full force and effect.
Updates to this Privacy Policy
The “Last Updated” date at the bottom of this Policy indicates when it was last revised. Revisions become effective when we posted on our Technology. Your use of the Technology following these changes indicates your acceptance of the revised Privacy Policy.
Contacting Us
If you have any questions about this Privacy Policy, please contact us at webmaster@tngconsulting.com or:
The NCHERM GROUP, LLC
475 Allendale Rd, Suite 200
King of Prussia, PA 19406
610-993-0229
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.