Privacy policy

Protecting your private information is our priority. This Statement of Privacy applies to PositveGradient.com website and governs data collection and usage. By using the PositiveGradient.com website, you consent to the data practices described in this statement. 
Positive Gradient, LLC is an advisory and consultancy service to entrepreneurs, investors and consumer tech companies. We are not finance and investment advisors and do not offer any personal finance or investment advice or advocate the purchase or sale of any security or company for any specific individual. Positive Gradient, LLC will disclose if they own or trade any of the positions mentioned in this communication. 
Protected by copyright laws of the United States and international treaties. Any reproduction, copying, or redistribution, in whole or in part, is prohibited without written permission from Positive Gradient, LLC.

Collection of your Personal Information
We may request you to provide personally identifiable information, such as your e-mail address, and name. We may also collect anonymous demographic information, which is not unique to you. If you purchased Positive Gradient, LLC services, we collect and store billing and credit card information.
We may also contact you via surveys to obtain your opinion of our current services or of potential new services that we may offer.
Information about your computer hardware and software is collected automatically by Positivegradient.com. This information may include: your IP address, browser type, domain names, access times and referring website addresses. We may use this information for the operation of our services, to maintain the quality of our services, and to provide general statistics regarding use of the PositveGradient.com website. We do not sell, rent or lease Positivegradient.com customer lists to third parties. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party without your consent.
In order to provide customer support, perform statistical analysis, perform tasks required to complete a purchase transaction, and send you email or postal mail, we may share data with trusted partners who help us. We prohibit all third parties from using your personal information except to provide these services to Positive Gradient, LLC. We require them to maintain the confidentiality of your information.
We do not collect, use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
We keep track of the pages our customers visit and services they use within PositiveGradient.com, in order to determine what PositiveGradient.com services are the most popular. This data may be used, for example, to deliver customized content and advertising within PositiveGradient.com to customers whose behavior indicates that they are interested in a particular subject.
We may share aggregated, non-personally identifiable information publicly and with our partners. For example, we may share information publicly to show trends about the general use of our services.
We will disclose your personal information, without notice, only in the good faith belief that such action is necessary:as required by law or to comply with legal process or enforceable governmental request.to enforce our Terms of Service.to detect, prevent, or otherwise address illegal conduct, fraud, security or technical issues.to protect against harm to the rights, property or safety of our users, us or the public.We will not share your personal information with outside companies, organizations or individuals, unless we have your express consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
Your Access to Your Personal Information
We always aim to provide you with access to your own personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we act on your request.
We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Use of Cookies
The Positivegradient.com website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page or multimedia server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and are designed to only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page or feature. For example, if you personalize PositiveGradient.com pages or register with the PositiveGradient.com site or our services, a cookie helps PositiveGradient.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information. When you return to the PositiveGradient.com website, the information you previously provided can be retrieved, so you can easily use the PositiveGradient.com features that you customized.
Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the PositiveGradient.com website you visit.Security of your Personal Information
We secure the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.Changes to this Statement
Positivegradient.com may occasionally update this Statement of Privacy to reflect company and customer feedback. We will not reduce your rights under this Statement of Privacy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We encourage you to periodically review this Statement.Contact Information

We welcome your comments regarding this Statement of Privacy.
Effective Date: October 31st, 2018.

If you have questions about this Policy or our privacy practices, please contact us at:
Positive Gradient Privacy 
PO Box 554, Chelmsford, MA, 01824, U.S.A
contact@positivegradient.com

Updates to This PolicyWe may make changes to this Policy, and may apply any changes to information previously collected, as permitted by law. When we make material changes to this Policy, we will notify you by posting the updated Policy on our website, and we will update the effective date at the end of this Policy.Effective DateThis Policy is effective October 31st, 2018.


Terms of Use: PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING POSITIVEGRADIENT.COM

This page states the "Terms of Use" under which you (“you”) may use positivegradient.com, which is an advisory and analyst service for tech companies (“us”), consisting of information services and content provided by us (the “Site”). These Terms of Use include the positivegradient.com Privacy Policy (as it may be amended from time to time by us) and form a binding agreement between you and us. Your access to or use of the Site indicates your acceptance of these Terms of Use.

1) Acceptable Use.
The Site is designed to provide an online platform for the creation and sharing of materials, ideas and concepts, in connection with projects, among members of the Site. Your participation in a Project and your contribution, use and disclosure of the materials you and others post in the collaboration areas is subject to these Terms of Use. No other use of the Site or the Projects is intended or allowed.

2) Our Rights In Our Intellectual Property Reserved.
a) Our Rights
Except as expressly stated in these Terms of Use, we reserve all our rights to all materials on the Site, including, without limitation, written content, graphical and design elements (including the Site’ “look and feel”), and service marks and trademarks. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you, or alter your right, title or interest, in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.
b) OWNERSHIP OF PAID WORK PRODUCT AND INTELLECTUAL PROPERTY
Defined Terms:

Gig: freelance work project

Gig Provider (aka “Buyer”): the party which requests that a freelance gig be performed; the "payor."

Freelancer: the party who performs the freelance gig work and who receives payment for satisfactory completion of such work; the "payee."

Work Product: the work completed by the Freelancer on behalf of a Gig Provider.

Upon Freelancer’s receipt of full payment from Gig Provider after completion of a Gig, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Gig Provider. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Gig Provider upon Freelancer’s receipt of payment from Gig Provider, Freelancer hereby automatically irrevocably assigns to Gig Provider all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Gig Provider’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.
C) NONDISCLOSURE
Nondisclosure and Nonuse Obligations: Freelancer agrees to not disclose any Confidential Information received from Customer about the Customer's Positivegradient Project other than to Vendor - who is also under an obligation to not disclose the Customer's Confidential (Project) Information. Exception: A disclosure of any Confidential Information by Vendor (a) in response to a valid order by a court or other governmental body or (b) as otherwise required by law shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Vendor shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure. 

4) Trade Secrets and Confidentiality.
In some cases a Site member who initiates a Project (“Project Founder”) will designates at creation that access to a Project be restricted to invited members (a “Private Project”).
a) You acknowledge that all Materials contributed by any Project Member to a Private Project are trade secrets owned by all the Project Members jointly. To the extent that any component of such Materials may not be deemed a trade secret under applicable law, such component shall be deemed nonetheless Confidential Info and subject to the confidentiality provisions of these Terms of Use.
b) You must not disclose trade secrets or Confidential Info to any other person. You must also take all reasonable precautions to prevent any trade secrets or Confidential Info from being acquired or learned by any person who is not a Project Member in the applicable Private Project; this restrictions means that you may not copy, place or use any trade secret or Confidential Info in a way that might reasonably foreseeably lead to any person who is not a Project Member in the applicable Private Project learning or acquiring any of such trade secrets or Confidential Info. Each Project Member in a Private Project shall be a third-party beneficiary of the confidentiality provisions in this Section 4, which means that any Project Member in a Private Project may enforce such confidentiality obligations against any other Project Member in that Private Project, including by means of, but not limited to, a lawsuit
c) Your obligation not to disclose shall continue until the earliest to occur of:
i) Two years from the date that the Private Project was created by its Founding Member,
ii) The written waiver by the Project Founder of the nondisclosure obligation of all Project Members, or
iii) All the Project Members enter into an agreement among themselves that provides for different treatment of trade secrets and Confidential Info. 

5) Disclaimer.
a) We use commercially reasonable efforts to keep the Site available twenty-four hours a day, seven days a week, subject to scheduled downtime for maintenance purposes. We attempt to schedule downtime at times that minimize the impact to users. Due to causes outside of our control, including conditions on the Internet and the services of our and your Internet service providers, we can make no guarantees that any user will be able to access the Site at all times. We implement industry standard measures to protect against service failures, but we shall not be liable to you for inaccessibility to the Site due to causes outside of our control.
b) We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c) Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.
d) The intellectual property rights of Project Members in Materials posted to a Project are not intended to be affected by these Terms of Use. We do not guaranty that you will receive, or be able to enforce, any intellectual property rights in any or all jurisdictions. We do not guaranty that your exercise of any rights does not infringe the rights of any other party. We shall not enforce, or participate in the enforcement of, any such rights against any parties, including our other Members. We also do not guaranty that Project Members will comply with the confidentiality provisions in these Terms of Use. We shall not enforce, or participate in the enforcement of, any rights to confidentiality against any parties, including our other Members.
e) Nothing in these Terms of Use or placed on the Site by us shall be deemed legal, accounting, or securities advice.
f) Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. You are responsible to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content
g) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a "third-party site"). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by independent retailers. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a thirdparty site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.
h) We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party, whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our members.
i) We shall not access or disclose the Materials posted to a Private Project, except to the extent necessary for us to enforce these Terms of Use or operate the Site, when required by law, or where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process served on us. We may also disclose such materials in cooperation with a law enforcement request. In any event, except for such enforcement and operation, we shall make no other use, and we shall insure that our personnel make no other use, of any Material posted to a Private Project.

6) Copyrights and Copyright Agent.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content on our website that infringes upon your copyrights, you may submit a notification to us under the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent in writing the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail.
e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) 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.
Our designated Copyright Agent for notice of claims of copyright infringement is:
Michael H. Sproule, Esq.Akabas & Sproule Attorneys at Law
488 Madison Avenue, 11th Floor
New York, New York
10022(212)308-8505 * www.akabas-sproule.com 

7) Indemnification.
You shall indemnify and defend us, and our officers, employees and consultants against any costs, expenses (including reasonable attorneys' fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any Materials posted by you to the Site or provided to other users by you, including, but not limited to, any claim that such Materials infringe the intellectual property rights of any person, or any violation of these Terms of Use.

8) Limitation of Liability.
a) NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NONDIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US$100 OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.
c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.

9) Governing Law and Jurisdiction/Waiver of Jury Trial.
These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles. You and we irrevocably consent and agree that any legal action, suit or proceeding against either you or us arising out of, relating to or in connection with the Site and/or these Terms of Use may be brought only in United States District Court for the Southern District of New York, or if such court does not have jurisdiction, in the courts of the State of New York located in New York County and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE. 

10) Notices.
You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day. 

11) Amendment.
We may change these Terms of Use, including the Privacy Policy, at any time. We will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes. 

12) Savings Clause.
In any jurisdiction where any of these Terms of Use cannot be enforced, including any rights in intellectual property, these Terms of Use shall be construed in such jurisdiction in all respects as if such unenforceable provision were omitted. Also in such jurisdiction there shall be added automatically as a part of these Terms of Use an enforceable provision that is as similar to such unenforceable provision as may be possible.

13) General.
We and you are solely independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. We are not obligated to enforce these Terms of Use, but no failure to enforce any of these Terms of Use, even if repeated and continuing for a prolonged period, shall constitute a waiver of any of these Terms of Use, which may be done only by a written agreement properly signed on our behalf. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement between you and us, these Terms of Use, including the Privacy Policy, (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written oral. 

14) Effective Date.
October 31st , 2018. 
Contact Us: contact@positivegradient.com