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.
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
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
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.
1) Acceptable Use.
2) Our Rights In Our Intellectual Property Reserved.
a) Our Rights
b) OWNERSHIP OF PAID WORK PRODUCT AND INTELLECTUAL PROPERTY
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.
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”).
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.
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.
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.
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
8) Limitation of Liability.
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.
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.
12) Savings Clause.
14) Effective Date.
October 31st , 2018.
Contact Us: firstname.lastname@example.org