- WHAT INFORMATION IS COLLECTED ON THIS SITE?
“Personal Information” is information that can be used to specifically identify an individual. We may collect Personal Information from you, about you or someone else, when you submit it voluntarily. Categories of Personal Information we collect include:
- Identity Data, which includes name or other similar identifiers
- Contact Data, which includes postal or physical address, email address, telephone number
- Financial Data, which includes credit card and other payment information
Additionally, we may also collect certain other types of information that, along with Identity Data, Contact Data and Financial Data may be considered and specifically named “Personal Data” in certain jurisdictions, including the European Union (“EU”), such as:
Technical Data, which includes, general and precise geographic location information, your Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our Sites (e.g., HTML pages, graphics, etc.), search terms, type of device used, device or advertising identifiers, statistical identifiers, operating system, and date/time stamp.
Usage Data, which includes your interaction with our Site such as movement, scrolling, time spent on certain features or actions, and/or clickstream data to analyze trends in the aggregate and administer and improve the Sites.
Marketing and Communications Data, which includes your preferences in receiving marketing from us.
Provision of your information to us is not a statutory or contractual requirement. Where we need to collect your information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we will not be able to provide services to you.
- HOW IS YOUR INFORMATION COLLECTED?
You may give us your information by interacting with our site and submitting your information directly. This includes information you provide when you:
- Create an account;
- Subscribe to our service or publications;
- Request marketing be sent to you;
- Enter a competition, promotion or survey;
- Make a purchase;
- Comment on content;
- Contact customer service;
- Give us feedback; or
- Apply for a job.
- Tracking Technologies
Local shared objects, such as “Flash cookies,” may be stored on your computer or device through a media player or other installed software. Local shared objects operate a lot like cookies, but cannot be managed in the same way. You may be able to manage Flash cookies and other local storage using browser, software or device settings.
As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as “clickstream data,” can be collected and stored by our Site’s servers. Our collection of clickstream data is not used for personal identification purposes.
As described under “How Your Information Is Used and Disclosed”, we use these technologies to help us remember you and enhance your use of our Sites, to manage and analyze service usage, and to promote content, products and services based on that usage. We may do this through third parties like advertising or analytics companies (e.g., Google Analytics, Google AdWords, Omniture, DoubleClick, OwnerIQ and Mouseflow).
We may get your information from third parties such as other users, advertising networks, data brokers or social media platforms.
Some of our mobile applications may require or request access to certain features of your device. Such permissions may include location, camera, photos, microphone and Wi-Fi or cellular connection information. You can manage access to those features through device settings or through your mobile service provider or device manufacturer. We may use standard analytics tools in our mobile apps to record information such as how often you use the app, events that occur within the app, aggregated usage, performance data, and where the app was downloaded from. You can disable collection of precise location through mobile apps in your mobile device settings.
- HOW IS YOUR INFORMATION USED AND DISCLOSED?
Our Use of Your Information
We may use or disclose your information for these purposes:
- To authenticate users
- To maintain and administer the Site and user accounts
- To process and fulfill transactions and respond to customer requests
- To analyze the Site, monitor Site performance and diagnose Site issues
- To perform customer service and troubleshoot customer service calls about difficulty using the Site
- To improve the Site and develop new features and products
- To send email marketing and other communications, including information about products, services, and events, of ours and of others
- To personalize customer’s experience of our Site based on user interests and history with us (for example, remembering items in a shopping cart, or providing a consistent Site experience across multiple devices)
- To provide location-based services
- To match your information with other data or supplement your information with other data that we may obtain directly or through third-parties
- To evaluate applications for employment
- When you otherwise consent to a particular usage
- To protect our rights and property and the rights, property, and safety of others
- To investigate suspected fraud or other unlawful activity
- Where otherwise permitted or required by applicable law.
Our third party vendors and subcontractors may access your information to provide services for us, including: fulfilling orders and delivering packages, payment processing, providing customer service, hosting and serving content and general website operations, sending marketing communications, fulfilling subscription services, and conducting research and analysis. These vendors and subcontractors can only use your information as specifically allowed by us.
Affiliates, Promotional Partners and Other Third Parties
If you are not situated in the EU, we may allow our affiliates and promotional partners to use your Personal Information for their marketing and related purposes, including our co-sponsor(s), if we receive Personal Information through a contest, sweepstakes, offering or other activity that is jointly offered by us. If you are situated in the EU, please see the section “Additional EU Disclosures” for how we use your Personal Data for marketing.
We or our third party partners may use some of the tracking technologies described above, such as plug-ins, cookies and non-cookie technology, to deliver targeted advertising to you when you visit other web sites or our Site. For more information on Targeted Advertising, please see the section titled “Targeted Advertising Opt Out.”
We may transfer your information in connection with a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind down of business; and due diligence related to these events.
We may disclose or transfer your information in connection with a legal or regulatory obligation,
We may share anonymized data with others, for their own use, in a form that does not include your name or contact information.
Targeted Advertising Opt Out
The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers, https://optout.owneriq.net/, http://www.networkadvertising.org/choices/ and https://www.edaa.eu/.
To opt out of being tracked by Google Analytics, visit http://tools.google.com/dlpage/gaoptout. To opt out of Mouseflow session replay analytics, visit https//mouseflow.com/opt-out.
Even if you opt out of targeted advertising, you may continue to see generic advertising that is not tailored to your specific interests and activities. Please note, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your desktop computer’s browser, that opt-out will not be effective on your mobile device.
Do Not Track
Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers. For more information about “do not track”, go to https://allaboutdnt.com/.
- SECURITY AND RETENTION
We follow generally accepted standards designed to protect your information and have in place appropriate security measures designed to prevent your information from being accidentally lost or used or accessed in an unauthorized way. We use appropriate security measures while your information is in transit and at rest, including encryption. You can verify whether a website is secure by looking for “https” at the beginning of the web address of the Site page you are on.
No website, however, can guarantee that information will be absolutely safe from intrusion or other unauthorized access. Except as expressly required by applicable statute or regulation, we will have no liability for disclosure of information due to errors or unauthorized acts of third parties during or after transmission.
- SOCIAL NETWORKING SITES AND OTHER WEBSITES, APPS AND SERVICES
We use social networking platforms, such as Facebook, Twitter and Instagram, to communicate with our customers and integrate social networking services with our Site. Information you voluntarily submit to or post in a publicly accessible social network or other online forum may be viewed and used by others. Our Site may also contain links, banners or ads that lead to other third party sites, apps or services. We cannot control such third party uses of your information, so by using or navigating to those services, you assume that risk.
We encourage you to read the policies and terms of every web site, app or service you visit.
- ADDITIONAL EU DISCLOSURES
IF YOU ARE SITUATED IN THE EU, THIS SECTION APPLIES TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
Tenderness Health Care, LLC is the data controller of all Personal Data collected through our Site. If you are situated in the EU and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance.
Legal Basis of Processing
Some jurisdictions require an explanation of the legal basis for the collection and processing of your Personal Data. We have several different legal grounds on which we collect and process Personal Data, including: (1) as necessary to perform a contract (which may include responding to your requests); (2) as necessary to comply with a legal obligation (such as when we use Personal Data for record keeping to satisfy legal and compliance obligations); (3) consent (where you have provided consent as appropriate under applicable law, such as for marketing); and (4) necessary for legitimate interests (such as when we act to maintain or improve our business generally or to prevent fraud) to the extent permitted by law.
Affiliates, Promotional Partners and Other Third Parties
We strive to provide you with choices regarding certain uses of your information, particularly around marketing and advertising:
Promotional offers from us: We may use your information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You may receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.
Data Subject Access Rights
If you are a situated in the EU, under the General Data Protection Regulation (“GDPR”), as a data subject, you have the right to:
Request access to your Personal Data (commonly known as a “data subject access request”).
Request correction of the Personal Data that we hold about you.
Request erasure of your Personal Data where there is no good reason for us continuing to process it; where you have successfully exercised your right to object to processing (see below); or where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law.
Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Data in certain scenarios.
Request the transfer of your Personal Data to you or to a third party. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
To exercise your rights under the GDPR, please contact us.
Withdrawing your consent
If we are relying on your consent to process your Personal Data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us.
Our affiliates and many of our service providers are based outside the EU, so their processing of your information will involve a transfer of data outside the EU. Whenever we transfer your Personal Data out of the EU, we ensure a similar degree of protection is afforded to it.
Please contact us at email@example.com if you want further information on the specific mechanism used by us when transferring your information out of the EU.
Last Updated and Effective as of: August 11, 2020
USE OF MATERIALS
This site is owned and operated by Tenderness Health Care, LLC. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of https://tendernesshealthcare.com/ are the property of Tenderness Health Care, LLC and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from https://tendernesshealthcare.com/ may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Tenderness Health Care, LLC’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this agreement, the use of any such material on any other web site or networked computer environment is prohibited.
In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are licensed to you by Tenderness Health Care, LLC. Tenderness Health Care, LLC does not transfer title to the Software to you. As between you and Tenderness Health Care, LLC, Tenderness Health Care, LLC retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
You hereby grant Tenderness Health Care, LLC and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on https://tendernesshealthcare.com/, including without limitation via message boards, chat rooms and/or blogs or any other features on https://tendernesshealthcare.com/, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.
Derogatory, harmful or unlawful conduct is not permitted on https://tendernesshealthcare.com/. Users are not permitted to upload to, distribute through, or otherwise publish through https://tendernesshealthcare.com/ any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on https://tendernesshealthcare.com/. Unauthorized collection and/or use of email addresses via https://tendernesshealthcare.com/ is also not allowed.
Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of https://tendernesshealthcare.com/. Please be sure that any such information is information that you are comfortable sharing with the public.
Users are solely responsible for the content of their messages. Tenderness Health Care, LLC is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of https://tendernesshealthcare.com/. You acknowledge that Tenderness Health Care, LLC may or may not pre-screen and/or monitor content posted on https://tendernesshealthcare.com/, and that Tenderness Health Care, LLC shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on https://tendernesshealthcare.com/ at any time for any reason, in Tenderness Health Care, LLC’s sole discretion.
NO PERSONAL ADVICE
Any informational materials provided on https://tendernesshealthcare.com/, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Tenderness Health Care, LLC makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through https://tendernesshealthcare.com/. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via https://tendernesshealthcare.com/ are solely between you and such entity. You agree that Tenderness Health Care, LLC shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Tenderness Health Care, LLC does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of https://tendernesshealthcare.com/ is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on https://tendernesshealthcare.com/, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.
CHANGES TO SITE
Tenderness Health Care, LLC may add, change, discontinue, remove or suspend any portion of https://tendernesshealthcare.com/ at any time, without notice.
Certain portions of https://tendernesshealthcare.com/ may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of https://tendernesshealthcare.com/ using your account and/or identity. Tenderness Health Care, LLC reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of https://tendernesshealthcare.com/ for any reason, including without limitation for extended periods of inactivity.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from https://tendernesshealthcare.com/ and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Tenderness Health Care, LLC, if in Company’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from https://tendernesshealthcare.com/ and all copies thereof, whether made under the terms of this Agreement or otherwise.
Tenderness Health Care, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO https://tendernesshealthcare.com/ OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” TENDERNESS HEALTH CARE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO https://tendernesshealthcare.com/ AND ANY WEB SITE WITH WHICH IT IS LINKED. TENDERNESS HEALTH CARE, LLC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON https://tendernesshealthcare.com/ OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT https://tendernesshealthcare.com/, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF https://tendernesshealthcare.com/ OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. TENDERNESS HEALTH CARE, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON https://tendernesshealthcare.com/ IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TENDERNESS HEALTH CARE, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TENDERNESS HEALTH CARE, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON https://tendernesshealthcare.com/, EVEN IF TENDERNESS HEALTH CARE, LLC OR AT TENDERNESS HEALTH CARE, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TENDERNESS HEALTH CARE, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING https://tendernesshealthcare.com/.
https://tendernesshealthcare.com/ is controlled and operated by Tenderness Health Care, LLC from its offices in Milwaukee. Tenderness Health Care, LLC makes no representation that materials on https://tendernesshealthcare.com/ are appropriate or available for use in other locations. Those who choose to access https://tendernesshealthcare.com/ from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls.
This Agreement shall be governed by and construed in accordance with the laws of the state of Wisconsin, without giving effect to any principles of conflicts of law. You and Tenderness Health Care, LLC each agree to submit to the exclusive jurisdiction of the courts of the state of Wisconsin and the federal courts of the southern district of Wisconsin. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.
PERMISSION FOR WEB LINKING
If you link to https://tendernesshealthcare.com/, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Tenderness Health Care, LLC. Any such link must not damage, dilute or tarnish the goodwill associated with Tenderness Health Care, LLC and/or any Tenderness Health Care, LLC intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Tenderness Health Care, LLC, and you may not “frame” https://tendernesshealthcare.com/. You may not link to https://tendernesshealthcare.com/ from any website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Tenderness Health Care, LLC’s sole discretion. Tenderness Health Care, LLC reserves the right, in its sole discretion, to terminate any link from any website.
To request permission to place a link from your website to https://tendernesshealthcare.com/, please send your name, address, web site URL, and nature of the web site to: firstname.lastname@example.org
COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to: email@example.com
The notification must be in writing and include:
A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of each alleged infringing copyrighted work or works;
Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For other questions about https://tendernesshealthcare.com/, please consult CUSTOMER SERVICE.
Updated in August, 2020.