The boring legal stuff
This Agreement (“Agreement”) is entered into as of the effective date set forth in the Work Order (as defined below) that wasmutually executed by and between ForwardThinkingPGH LLC, a LIMITED LIABILITY COMPANY/CORPORATION (“Company”) andYOU, THE RECIPIENT OF A QUOTE FROM COMPANY (hereafter referred to as “Client”) and describes the standard termsand conditions pursuant to which Company will provide goods and/or services to Client. In consideration of the provisions of suchgoods and services, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, theparties agree as follows:1. Agreement. Company agrees to provide to Client with the services (“Services”) and to deliver to Client the items, products orother deliverables (“Deliverables”) described in the statements of work or work orders (“Work Orders”) executed from time to time byauthorized representatives of both parties and which reference this Agreement. The terms and conditions (“Terms”) set forth in thisAgreement apply to the Services and Deliverables and are an integral part of and are hereby incorporated into each Work Order. Inthe event of a conflict between the Terms and the provisions of a Work Order, the Terms shall govern and supersede the provisions ofthe Work Order unless the Work Order specifically states otherwise. For the purposes of this Agreement, the term “Affiliate” shallmean any entity controlling, controlled by or under common control with Client. Nothing contained in this Agreement alone shallconstitute a commitment by Client to purchase Services or Deliverables. Such a commitment shall arise only from a Work Ordersigned by the parties. This Agreement is nonexclusive, Company may contract with other entities to perform similar services andprovide similar deliverables.2. Work Order. No Work Orders shall be effective unless signed by the parties. Work Orders shall specify the Services andDeliverables to be provided by Company, applicable fees, invoicing schedule, specifications, project timelines, as well as anyrequirements which are in addition to the general provisions of this Agreement. Any change in the Services, Deliverables, or otherprovisions of the Work Order may be made only by a written amendment signed by the parties. Except for Products (as hereinafterdefined) and except as otherwise expressly provided in a Work Order, Company shall supply all personnel, equipment, assets andfacilities necessary to perform the Services and provide the Deliverables. Upon signature by both of the parties, such Work Ordershall be a binding contract between Company and Client. Company shall not commence work on the Services or Deliverables underany Work Order until receipt of such signed Work Order and, if applicable, a purchase order covering such Work Order.3. Fees; Expenses; Payment. Fees payable under a Work Order are set forth in the Work Order and shall be valid for a period ofone year from the Effective Date of the Work Order. Effective on the anniversary date of each outstanding Work Order under thisAgreement, the fees or rates payable under the applicable Work Order shall be increased by a percentage amount that considers cost ofliving adjustments and other market factors.Company shall invoice Client as set forth in the applicable Work Order. Unless set forth to the contrary in a Work Order, Client shallpay invoices within thirty (30) days of receipt by Client. Client may withhold payment of any invoice disputed in good faith, if Clientnotifies Company of such dispute within five (5) days after the receipt of the invoice. If Client fails to pay when due any properlyinvoiced amount that is not disputed in good faith by Client, and does not cure the failure within ten (10) business days of Company’swritten notice, then Company may suspend all work for Client until such failure is cured (and terminate this Agreement and all WorkOrders if payment failure is not cured with ten (10) business days of work being suspended). If Company brings a legal action tocollect the overdue amount, then Company may also collect its reasonable costs of collection, including attorneys’ fees and courtcosts. To the extent set forth in the applicable Work Order, Client will reimburse Company for actual, out-of-pocket expenses inconnection with the Services and other expenses (such other expenses are subject to Client’s prior approval) Company will submit itsexpense invoice, including copies of expense receipts.4. Acceptance of Deliverables. Upon receipt of the Deliverables pursuant to a Work Order, Client will test such Deliverables todetermine their compliance with the applicable Work Order and this Agreement. Within ten (10) business days (or such other numberof days as may be mutually agreed upon) following Client’s receipt of the Deliverables (the “Testing Period”), Client will provideCompany with written acceptance or rejection of the Deliverables. In the event of rejection, Client shall provide to Company thereasons for rejection in reasonable detail including a statement of errors explaining the non-conformity of the Deliverables with theapplicable Work Order. Company will correct the errors identified in the statement of errors and deliver the corrected Deliverables toClient within five (5) business days (or such other number of days as may be mutually agreed upon) of receipt of the statement oferrors. The procedure set forth in this paragraph shall be repeated until Client accepts the Deliverables or the parties agree otherwise.Client will be deemed to have accepted the Deliverables if no acceptance or rejection is provided to Company within ten (10) businessdays of Client’s receipt of any Deliverables.5. Products. Any samples, content, products, logos, images, writings, intellectual property or other materials, whether to be addedor incorporated into the Services or Deliverables or not to be delivered to Company by Client in connection with a Work Order(“Products”) are to be delivered to Company in a timely manner to Company in the manner set forth in the Work Order. Title and riskof loss to the Products shall remain with Client at all times.6. Product Rights. Client represents and warrants to Company that it has the right to provide Company the Products solely foruse in the Services or Deliverables under and in accordance with the applicable Work Order. Client shall indemnify, defend and holdCompany harmless against any expenses, damages, costs, liabilities or losses, including, without limitation, reasonable attorneys’ fees,resulting from any suit or proceeding instituted or claim asserted (including settlement of any of the foregoing) for infringement ofpatents, copyrights, trademarks or other intellectual property rights under the laws of the United States or any other nation or violationof any law arising from Company’s use of the Products in accordance with the applicable Work Order.7. Deliverables, Ownership, and Intellectual Property. (a) Deliverables. Company will deliver to Client all images orfiles necessary to implement Deliverables and perform the Services specifically referenced in the Work Order. The Client will be thesole owner of the final Deliverables as well as all files necessary to implement the Deliverables excluding Company’s BackgroundIntellectual Property (as defined below). All such Deliverables created by Company and delivered to Client hereunder will be deemed“Work Product” and are works-for-hire, owned exclusively by Client, subject to Company’s rights as set forth in paragraph 7(b)below. Company hereby assigns to Client all right, title and interest worldwide in and to the Work Product, including, withoutlimitation, copyrights, trademarks, trade secrets, patents, contract and licensing rights and all derivative works thereto. Client will bedeemed the owner of any copyrightable material created as part of the Deliverables, subject to Company’s rights as set forth inparagraph 7(b). Unless specifically stated in the Work Orders, for proprietary and competitive reasons, Company will not release thesource files used to generate the Deliverables. These files have no impact on the ability of the Client to use the final Deliverables.(b) Background Intellectual Property. Each party shall retain ownership or control over its Background IntellectualProperty (as hereinafter defined) used in performance of the Agreement. Nothing in this Agreement transfers any control, license(except to the extent may be licensed hereunder) or ownership rights of one party’s Background Intellectual Property to the otherparty. For purposes of this Agreement, “Background Intellectual Property” means all Intellectual Property used, disclosed ordelivered in performance of this Agreement that is: (a) developed, authored, invented, controlled or licensed by either party or itsdesignee(s) prior to, or as of, the Effective Date of this Agreement; or (b) developed, authored, invented, controlled or licensed byeither party or its designee(s) after the Effective Date of this Agreement but not in connection to or in performance of this Agreement.Company’s Background Intellectual Property shall also include any improvements, enhancements, modifications and/or derivativeworks to the Company’s Background Intellectual Property and any new developments, tools, utilities or standards related to theforegoing made during the course of performing Services hereunder to the extent such improvements, enhancements, modifications,derivative works, tools, utilities, standards, and developments of general applicability are not specifically applicable to Client’sbusiness, Client’s Confidential Information or Client’s Background Intellectual Property adapted to or incorporated into any WorkProduct. Further, “Intellectual Property” means: (a) all inventions and discoveries (whether or not patentable) and any patents andpatent applications; (b) all registered and unregistered trademarks, service marks, trade dress, logos, trade names, whether issued orfiled, including all goodwill associated with therewith and all applications, registrations and renewals in connection therewith; (c) allworks of authorship, copyrights, and all applications, registrations and renewals in connection therewith; (d) all technical data, tradesecrets, proprietary information and Confidential Information related thereto (including ideas, research and development, know how,compositions, designs, drawings, specifications); and (e) all computer software (both Executable and Source Code), including hardcopy and soft copy as well as all data and related documentation in connection therewith. During the term of this Agreement, eachparty grants to the other party the rights and licenses to each other’s Background Intellectual Property as required by each party tosolely perform its obligations hereunder. To the extent that Company’s Background Intellectual Property is incorporated into theWork Product produced by Company and delivered to Client under this Agreement, Company grants to Client a perpetual, worldwide,royalty-free, non-exclusive license to all such Background Intellectual Property as incorporated into the Work Product to use the WorkProduct.8. Warranties and Disclaimer.(a) Company warrants that the Services performed and the Deliverables prepared in a professional and workmanlike manner, byproperly trained personnel, in accordance with generally accepted industry practices, and in a manner that complies with all applicablelaws and regulations.(b). Company represents and warrants that the Deliverables do not infringe upon any third party right. In the event the Servicesor Deliverables are or are likely to become the subject of a claim of infringement of any third party rights, Company, at its sole optionand expense, shall (i) modify the Deliverables so that they are non-infringing but functionally equivalent; (ii) replace the infringingDeliverable(s) with non-infringing substantially similar products reasonably acceptable to Client or (iii) if none of the foregoing arecommercially reasonably, refund to Client fees for the Deliverables and terminate the Agreement and any accompanying Work Order.(c). Except as specifically set forth herein, all Services and Deliverables are provided “AS IS,” WITHOUT ANY WARRANTYOF ANY TYPE, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS,EXPRESS OR IMPLIED, OR ARISING BY USAGE OF TRADE OR COURSE OR DEALING INCLUDING WITHOUTLIMITATION, WARRANTIES OF PERFORMANCE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE.CLIENT UNDERSTANDS THAT ASSESSING ACCESSIBILITY IS HIGHLY COMPLEX, SUBJECTIVE AND CHANGEABLE,AND AS SUCH, ACHIEVING ABSOLUTE OR TOTAL COMPLIANCE IS NOT POSSIBLE. ACCORDINGLY, COMPANYMAKES NO WARRANTY THAT THE SERVICES OR DELIVERABLES PROVIDED WILL ENSURE COMPLETECOMPLIANCE WITH APPLICABLE ACCESSIBILITY LAWS, REGULATIONS AND/OR STANDARDS. COMPANYSTRONGLY RECOMMENDS THAT CLIENT REGULARLY ENGAGE IN BOTH MANUAL AND INTERNAL AUTOMATEDTESTING OF ITS WEBSITES, APPS AND SERVER(S) IN ORDER TO ENSURE THE HIGHEST POSSIBLE LEVEL OFACCESSIBILITY, COMPLIANCE AND USABILITY. COMPANY DOES NOT WARRANT OR GUARANTY ANY SPECIFICLEVEL OF ACCESSIBILITY OR COMPLIANCE AND ASSUMES NO RESPONSIBILITY IN THE EVENT A CLAIM IS MADEAGAINST CLIENT BASED UPON OR ALLEGING A LACK OR FAILURE IN ACCESSIBILITY OR COMPLIANCE WITHAPPLICABLE ACCESSIBILITY LAWS, REGULATIONS AND/OR STANDARDS IN RESPECT OF CLIENT’S WEBSITES ORAPPS, REGARDLESS OF WHETHER COMPANY WERE ENGAGED TO ASSIST WITH ACCESSIBILITY.COMPANY MAY PROVIDE MANUAL AUDITING AND TESTING IN RESPECT OF ACCESSIBILITY COMPLIANCE, ASREQUESTED BY CLIENT, WHICH WILL PROVIDE A GOOD STARTING POINT IN CLIENT’S EFFORTS TOWARDCOMPLIANCE. COMPANY IN AUDITING AND PERFORMING ACCESSIBILITY TESTING, IS NOT PROVIDING LEGALSERVICES OR ADVICE. ANY INFORMATION PROVIDED BY COMPANY RELATING TO THE LAW AND/OR HOW ITAPPLIES TO CLIENT AND ITS WEBSITES, APPS AND SERVER(S) IS FOR INFORMATIONAL AND EDUCATIONALPURPOSES ONLY. CLIENT SHOULD SEEK THE ADVICE OF AN ATTORNEY FOR ANY LEGAL ADVICE REGARDINGCOMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (“ADA”) AND WEBSITE ACCESSIBILITY LAWSAPPLICABLE TO CLIENT.9. Compliance with Laws. Company shall provide all services under this Agreement in accordance with all applicable federal,state and local laws, rules and regulations.10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIABILITY OF COMPANY TO CLIENTFOR DAMAGES FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF ANY ACTION, WHETHER INCONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE SHALL BE LIMITED TO THE PRICESPECIFIED IN THE WORK ORDER FOR THE SPECIFIC SERVICES AND/OR DELIVERABLES THAT CAUSED THEDAMAGES OR THAT ARE THE SUBJECT MATTER OF, OR ARE DIRECTLY OR INDIRECTLY RELATED TO THE CAUSEOF ACTION. IN NO EVENT SHALL COMPANY BE LIABLE TO CLIENT FOR LOSS OF GOODWILL, LOSS OF PROFITS,LOSS OF USE OR OTHER SPECIAL COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OFTHE FORM OF ACTION THEREOF, WHETHER IN CONTRACT OR IN TORT, INCLUDING BUT NOT LIMITED TONEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANYCLAIM AGAINST CLIENT BY ANY THIRD PARTY.11. Confidential Information.(a) A party disclosing (“Discloser”) Confidential Information to the other party (“Recipient”) shall be deemed to have done sounder the terms of this Agreement. As used herein, “Confidential Information” shall mean any business or technical information,whether oral or written, whether or not stored in any medium, relating to Discloser’s business, including, but not limited to equipment,software, designs, technology, technical documentation, product or service specifications, applications, methodologies and otherknow-how which is identified as Confidential Information at the time of disclosure. Such Confidential Information includes originalInformation supplied by Discloser, as well as all copies and any reports, analyses, products and other material derived from orcontaining such original Information.(b) Recipient’s obligations under this Agreement shall not apply to any Confidential Information which is (i) in or enters thepublic domain through no breach of this Agreement by Recipient; (ii) already in the possession of Recipient at the time of initialdisclosure and with respect to which no obligation of confidentiality exists; (iii) independently developed by Recipient withoutreference to Discloser’s Confidential Information; (iv) approved for use or disclosure by written authorization of the Discloser; or (v)the subject of an order issued by a court or other government entity compelling disclosure, provided however, that in the eventdisclosure is required by law, Recipient will provide Discloser with prompt notice of such requirement in order to enable Discloser toseek an appropriate protective order and will provide assistance, as required by Discloser, in seeking such order. Recipient agrees,where there is any uncertainty as to the confidential status of any information proposed to be used or disclosed by Recipient, to consultwith and seek the approval of Discloser before such use or disclosure.(c) Recipient will use Confidential Information only for the purposes of its business relationship with Discloser. Except asmay be permitted by this Agreement, Recipient shall hold in confidence, shall not disclose to any other person who is not under a likeobligation of confidentiality, and shall not exploit for Recipient’s own benefit or for the benefit of another person or organization, anyConfidential Information. Recipient shall use at least the same level of diligence to protect Discloser’s Confidential Information fromunauthorized use or disclosure as it uses to protect its own confidential or proprietary Information, but in no event shall Recipient useless than reasonable care. Each party will promptly notify the other of any unauthorized disclosure of any Confidential Information.(d) Neither this Agreement nor the disclosure of Confidential Information hereunder shall be construed as granting any rightor license, express or implied, under any copyright, patent, trade secret, or other intellectual property right now or hereafter owned orcontrolled by Discloser. Recipient acknowledges that it is granted only the limited right to use Confidential Information as providedherein, and that such right is revocable at will by Discloser and is not coupled with any interest in the Confidential Information.Recipient shall not assert any right, title or interest in the Confidential Information or in any documentation, media or any othermaterial provided to Recipient in connection with the Confidential Information. Recipient shall not reverse engineer or attempt toderive the composition or underlying information or structure of any Confidential Information. Nothing in this Agreement shall beconstrued as an obligation by either party to disclose any Confidential Information or enter into a further contract or other businessrelationship with the other party.(e) Any Information provided hereunder, whether Confidential Information or otherwise, is provided by Company on an“AS IS” basis. Company shall not be liable under any circumstances for any kind of damages whatsoever arising from any use byClient of such Confidential Information, whether or not such use is authorized hereunder.(f) The parties acknowledge that the obligations contained in this Agreement regarding Confidential Information shallsurvive for a period of two (2) years from the later of the effective date of this Agreement or the date on which all businessrelationships entered into by the parties with each other are terminated. Recipient acknowledges and agrees that monetary damagesmay not be an adequate remedy for any breach of the provisions regarding Confidential Information set forth in this Agreement andthat Discloser shall be entitled to seek an injunction or specific performance as a remedy for any breach, and that such remedies arenot exclusive but in addition to any other remedies available.12. Assignment. Neither party may assign their rights and obligations under a Work Order or this Agreement without the otherparty’s prior written consent, which shall not be unreasonably withheld; provided, however, that upon written notice to the other party,either party may assign this Agreement, and all is rights and obligations thereunder, to (i) an Affiliate or (ii) an acquiring entity orsuccessors and assigns in the event of a merger, reorganization, consolidation, or sale of all or substantially all of such party’s assetsand in the case of Client, a sale, transfer or assignment of any portion of the Client’s assets related to the Deliverables and/or WorkProduct. Any attempt to assign this Agreement in contravention of this Section shall be void and of no force and effect unlessotherwise agreed to in writing.13. Taxes. Client shall be responsible for and pay all applicable federal, state or local taxes or charges (including without limitationsales, use or excise taxes) together with any penalties or interest thereon that are imposed in connection with the fees and charges paidor payable by Client to Company pursuant to this Agreement and any Work Order (except taxes based on Company’s net income orgross receipts). Client shall pay all such applicable amounts directly to the taxing authority unless the taxing authority requires thatCompany collect and remit such amounts to the authority in which case, Client shall pay to Company or reimburse Company for suchamounts. If applicable, Client shall provide to Company a copy of Client’s tax exemption certificate. Client and Company shall eachhave the right to protest or appeal any tax or charge assessed against it by any taxing authority with respect to the subject matter of thisAgreement.14 Force Majeure. Neither party shall be liable for any damages or penalty for delay or inability to perform its obligationshereunder or failure to give notice of delay or inability when and to the extent such delay or inability is due to the elements, acts ofGod, or any other causes beyond reasonable control of the party; provided, however, the party shall provide written notice to the otherparty of the occurrence of such an event. Should such an occurrence continue for over thirty (30) days, Client may terminate thisAgreement without penalty, and Company shall promptly refund any unused prepaid fees provided to Company under the WorkOrder(s) at issue.15 Independent Contractor. Company is an independent contractor of the Client, and nothing in the course of the parties’dealings shall establish a relationship of employer/employee, principal/general agent, master/servant, franchiser/franchisee, jointventures, or partners. Neither party shall have any authority to make representations on behalf of or to bind the other, or to hold itselfout as having authority to do so.16. Term and Termination.(a) Term. This Agreement shall commence on the Effective Date and shall remain in full force and effect for three (3) years,unless earlier terminated in accordance with the terms of this Agreement.(b) Termination with Cause. Company may terminate this Agreement for Client’s failure to make timely payments as set forthin Section 3 of this Agreement. Either party may terminate this Agreement if the other Party fails to cure any other material breach ofthis Agreement within thirty (30) days after written notice of such breach.(c) Effect of Termination. In the event this Agreement is terminated pursuant to this section, all Work Orders must be paid infull. In addition, if this Agreement is terminated with Cause, Company shall be paid any amounts owing for Services completed incompliance with the applicable Work Order and this Agreement as of such termination date and approved expenses incurred throughthe termination date. In such event, Client shall also reimburse Company for the costs of all documented non-cancelable expenses andmaterials on order from, or owed to, third parties (which materials shall become Client's property) resulting from such termination orsuspension of Services, provided that Company provides written documentation evidencing all such non-cancelable expenses andmaterials. All work in progress will be delivered to Client in its current state. In addition, Company shall promptly refund any unusedprepaid fees provided to Company under the Work Order(s) at issue for Services/Deliverables not completed as of the terminationdate. Termination of this Agreement with Cause will result in the coterminous termination of all Work Orders as of the effective dateof termination.17. Disclosure. Neither party shall issue any press release or other public disclosure concerning this Agreement without priorwritten consent of the other party, which shall not be unreasonably withheld. However, either party may disclose the existence of thisAgreement or its contents as may be required to comply with applicable laws or regulations, so long as such disclosure is inaccordance with Section 11 of this Agreement. Notwithstanding the above, Client hereby consents to Company’s use of Client's nameand representative work, with prior review and written consent, in any listings of representative clients and work portfolio onCompany’s website or any other marketing materials provided that such representative work shall not contain (or shall have removedtherefrom) any Client Confidential Information.18. [Non-solicitation. During the term of this Agreement and for one (1) year after its termination, neither party will, without theother party’s express written consent, directly or indirectly, solicit or induce employees of the other party to terminate theiremployment with the other party. A general advertisement or a request for employment initiated exclusively by the employee is notconsidered a solicitation.]19. Governing Law; Venue. This Agreement is governed by the laws of the STATE OF TEXAS, without regard to its conflict oflaws provisions. The parties agree that any court proceedings commenced by or against either party shall be resolved by a courtwithout a jury, and each party waives its right to a jury as to any dispute or claims arising under or related to this Agreement. The soleand exclusive venue for any action arising out of or related to this Agreement shall be the COURTS20 Notice. All notices under this Agreement shall be considered delivered the day after such notice was sent to the other party viatraceable means for overnight delivery to the address shown below each party’s signature.21. Entire Agreement. The Work Orders and this Agreement constitute the complete and entire agreement between the partieswith respect to the Services and Deliverables and supersede all prior or contemporaneous agreements, representations and/orcommunications, either oral or written, between the parties hereto or any representative of such parties with respect to the subjectmatter thereof and hereof. No changes to this contract or waiver of any provision hereof will be binding on Company unless made inwriting and signed by a duly authorized representative of Company. Company’s failure to object to provisions contained in anycommunication from Client shall not be deemed a waiver of these Terms.22. Survival. The provisions of Sections 3, 6, 7, 8, 10, 11, 13, 16, 17, [18,] 21 and 22 shall survive any expirations or earlierterminations of this Agreement and remain in effect in accordance with their terms.23. Counterparts; Facsimile. This Agreement may be executed in several counterparts, and all counterparts so executed shallconstitute one agreement binding on all parties, notwithstanding the fact that all parties have not signed the original or the samecounterpart. The facsimile signature of any party to this Agreement or a PDF copy of the signature of any party to this Agreement,whether delivered by e-mail, mail, or personal delivery, for purposes of execution, is to be considered to have the same binding effectas the delivery of an original signature on an original document.24. Severability. If any provisions of this Agreement or the Work Order are held invalid or unenforceable, only that provision shallbe affected, and the remainder of this Agreement shall remain in full force and effect.
Last updated April 05, 2024
This privacy notice for Forwardthinkingpgh LLC ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at support@forwardthinkingpgh.com.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what we do with any information we collect? Review the privacy notice in full.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
8. DO WE COLLECT INFORMATION FROM MINORS?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.
Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter, or other social media account. If you choose to register in this way, we will collect the information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" below.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may need to share your personal information in the following situations:
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register or log in to our Services using a social media account, we may have access to certain information about you.
Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.
We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@forwardthinkingpgh.com.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
If you have questions or comments about your privacy rights, you may email us at support@forwardthinkingpgh.com.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
11. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at support@forwardthinkingpgh.com or contact us by post at:
Forwardthinkingpgh LLC
1140 Garden Street
Greensburg , PA 15601
United States
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.