Revised/updated: November 11, 2020
This website, TechContracts.com (this “Website”) is provided by Tech Contracts Academy®, LLC, a California limited liability company, subject to the following terms and conditions.
1) No Legal Services
This Website is authored and published by Tech Contracts Academy®, LLC, which is not a law firm and does not provide legal services of any kind. THIS WEBSITE IS NOT, AND IS NOT INTENDED TO BE, A SOURCE OF LEGAL ADVICE. You agree that you are not relying on any of the information on this Website in determining how to conduct your legal affairs.
Publication of information at this Website, including contract forms, does not constitute the practice of law, and such information and contract forms are not legal counsel or advice. Neither the author nor publisher of this Website, nor the author or publisher of The Tech Contracts Handbook (the “Book”), is rendering a legal or other professional service, and neither is anyone else affiliated with this Website. The information and contract forms here should not be relied upon as a substitute for consultation with an experienced attorney.
2) Not Attorney Advertising
THIS WEBSITE IS NOT INTENDED TO ADVERTISE LEGAL SERVICES PROVIDED BY ANY LAWYER OR LAW FIRM OR TO PROVIDE CONTACT INFORMATION FOR ANY LAWYER OR LAW FIRM, including the law firm that employs one or more of this Website’s key authors. Visitors interested in legal services should visit the website for a lawyer or law firm, or make contact in another way, and should not use this Website or its contact information to contact the lawyers referenced here. Contact information and mechanisms at this Website are solely for inquiries about training, books, and the other resources provided or advertised here, and not for inquiries about legal services.
If notwithstanding the foregoing, this Website or information contained within it is construed as ATTORNEY ADVERTISING, the following governs those services: (a) results in legal matters depend upon a variety of factors unique to each matter; and (b) in any representation of clients by attorneys affiliated with this Website, such attorneys do not guarantee, warranty or make any prediction regarding the result of any representation. Every matter is different, and results depend on the unique law and facts present in a specific transaction or matter.
3) Disclaimer / No Warranty or Guarantee
NEITHER ANY AUTHOR OF THIS WEBSITE NOR ITS PUBLISHER REPRESENTS THAT ANY FORM CONTRACT PROVIDED HERE, OR ANY CONTRACT LANGUAGE OR OTHER RESOURCE, WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR SPECIFIC INTERESTS, OR WITHSTAND CHALLENGES TO ITS LEGAL OR FACTUAL SUFFICIENCY. THE INFORMATION AND CONTRACT FORMS HERE ARE NOT PROVIDED WITH ANY GUARANTEE, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. THE MATERIAL AT THIS WEBSITE—INCLUDING ANY SAMPLE CONTRACT FORMS OR OTHER RESOURCES REFERENCED OR PROVIDED—IS GENERAL IN NATURE AND MAY NOT BE SUFFICIENT FOR A SPECIFIC CONTRACTUAL, TECHNOLOGICAL, OR LEGAL PROBLEM OR DISPUTE.
4) Content License & Restrictions
All content at this Website is protected by copyright, and the owner reserves all rights to such content, except as specifically set forth in this Paragraph. The form contracts available at this Website for download in Microsoft Word, and the other sample contract language provided here and in the Book, are referred to herein as the “Forms.” The Forms are available for use by Website visitors. You may reproduce and create derivative works from the Forms, and you may use the Forms for your own transactions, including your clients’ transactions (whether or not you charge for your services). However, you may not sell or resell the Forms, and you receive no rights to the Forms other than those specifically granted in this Paragraph. You receive no license to any content at this Website other than the Forms. All use of the Forms and other content at this Site is subject to the provisions above.
Revised/updated: November 11, 2020
This Policy relates only to TechContracts.com and our company, not to any third party site or service linked to our Website or recommended or referred by us or through our Website.
A. Personal Information We Collect
As you can see by reviewing them, the contact forms at our Website collect first name, last name, and e-mail address. We, and/or our contractors, collect and store any information you choose to put in an e-mail or contact form you send us. Our Website does not collect payment information, for which you will be directed to a payment contractor.
We, and/or our contractors, also collect data on how our Website is used: for example, number of page visits and duration, type of browser. This “usage data” includes what some jurisdictions consider personal information, like visitors’ devices’ Internet Protocol (“IP”) addresses (which include general location).
Some of this usage data may come through “cookies” and other technologies. A cookie is a string of data our system sends your device and then uses to identify that device when used to return to our Website. You can set up most browsers to refuse all cookies, or to notify you of any cookies you receive. (Do be aware that if you don’t accept certain cookies, you won’t be able to make as efficient use of many websites, including ours).
Our Website is not meant to collect information from anyone under age 18. If you know of children’s information collected through our Website, please contact us at info@TechContracts.com.
B. Our Use of Personal Information
We use your personal information to reply to messages you send us via e-mail or through our contact forms, and to otherwise correspond with you. Also, if you send us a contact form or subscribe to our blog, we’ll put your name and e-mail address and any other contact information you provide on our notices list(s), so that you get e-mail or other notice of future blog posts and announcements from us. (You can unsubscribe when you receive one of those announcements, or at any time by contacting us at the e-mail address below.)
User Tracking and Do Not Track Notice: As described in more detail below, we and/or some of our contractors may track certain Website users across third party websites, in order to advertise to them elsewhere, beyond our Website. That tracking includes certain personal information (i.e., IP address). See Section E, below as to our contractors.
Do Not Track (“DNT”) is a setting in a web browser (but for which there is no universal standard) that expresses a preference that websites not track your on-line behavior elsewhere. Our Website does not respond to DNT signals or turn off tracking.
C. Retention of Personal Information
D. Transfer of Personal Information
We may store or process your data outside your city, province, state, or country, including through one of our contractors (described below). So your personal information may be stored in a jurisdiction that operates under privacy and data protection laws different from (and potentially less protective than) those of your home jurisdiction.
E. Contractor and Other Third Party Access to Personal Information
We may disclose personal information to attorneys or law enforcement authorities to address contract violations or illegal behavior, or to enforce our rights. We disclose information demanded in a court order, subpoena, or otherwise required by law, or to prevent harm to persons or property. We may share personal information in connection with a corporate transaction, like a merger or sale of our company, the sale of most of our assets, or a bankruptcy.
Certain contractors can access data we collect, including personal information. Notably:
WordPress and Associated Contractors
Our Website is hosted on the WordPress system, provided by a company called Automattic. All data collected through our Website is collected by WordPress’ computers. If you are interested in WordPress’ privacy practices, visit WordPress.org. Our Website also uses “plugin” software from various third party contractors who serve WordPress users. We may change these plugins from time to time. These third parties may gain access to certain data collected by or through our Website.
Google Analytics and Google Adwords
Our contractors include Google. Google Analytics is a web analytics service that gathers our Website’s traffic and makes it available to us. We use this data to monitor Website use, and may use it to personalize advertising to you. Google Analytics may use it to provide services including reports to us. We have made reasonable efforts to enable “restricted data processing” with Google Analytics to restrict independent use by Google Analytics (and its subcontractors, if any) and, out of an abundance of caution (without conceding the referenced laws apply to us), entered into Google data protection agreements (Google Ads Data Processing Terms (v.2.1), including its CCPA Service Provider Addendum (re California) and its LGPD Processor Addendum (re Brazil)). We also use Google Adwords to advertise to Website users. This may include tracking users after they leave our Website and providing personalized advertising (mentioned above under User Tracking and Do Not Track Notice). We have made reasonable efforts to exclude from that tracking Website users from outside the United States. If you are interested in Google’s privacy practices, and methods of opting out where available (for example, installing a browser add-on), visit Google.com.
Our contractors include Mailchimp, which sends e-mails for us, and provides us data with which to measure the success of our marketing campaigns, compile statistics, and response rates (for example, if and when our e-mails are opened). We have made reasonable efforts to restrict its independent use of personal information. If you are interested in Mailchimp’s privacy practices, visit Mailchimp.com.
For Webinars: LogMeIn, Stripe
Our Website includes links collecting contact information by which to register and pay for our webinar offerings. Our webinars are hosted by GoToWebinar, for which we contract with LogMeIn USA Inc. Payments for webinars are handled via Stripe. If you are interested in these entities’ privacy practices, visit LogMeIninc.com and/or Stripe.com. We have made reasonable efforts to restrict their independent use of personal information, and, out of an abundance of caution (without conceding the referenced laws apply to us) entered into LogMeIn’s Data Processing Addendum, and Stripe’s Data Processing Addendum for Stripe and Stripe User.
Our contractors help us with hosting and storage of this Website, monitoring Website use, marketing to and communications with Website users, and payment processing. Except where explicitly stated to the contrary in this Policy, in some cases, particularly given the limited amount and type of information and data collected through our Website, we have not restricted contractors’ own use or disclosure of that information or data. We are not responsible for the conduct or policies of WordPress, Automattic, Google, Mailchimp, LogMeIn, Stripe, or other contractors (including plugins).
Finally, as noted above, we compile Website usage statistics from data collected such as through cookies. We may publish those statistics or share them with third parties.
F. Protection of Personal Information
We do not directly store the personal information that may be included in usage data collected by cookies and other mechanisms at our site (with exceptions described below). The data we don’t store ourselves is collected and stored by our contractors, including WordPress and Google, under their policies and procedures. See Section E above for information on those contractors and their policies.
We do store information you send us via e-mail and through contact forms (such as your contact information). We keep that information on password-protected computers and share it only with contractors who have agreed to use it only as we instruct.
Unfortunately, neither we nor any website can guarantee the security of personal information or other data, including during transmission and storage. Use of the Website is at your own risk.
G. Accessing and Correcting Your Personal Information
You can access and change contact information we store about you by e-mailing us at info@TechContracts.com.
H. Special Notices related to the European Economic Area
We provide this Policy in the interest of transparency to our Website users. Doing so is not intended to suggest, and does not mean that, legal responsibilities apply that would not otherwise. Legal protections for personal information (and even what information is governed) are not the same in all jurisdictions, inside and outside and among the United States, and are rapidly evolving and complex. Simply put, not all laws, including collection notice requirements, apply to all entities, individuals, or information, in all locations, or in all circumstances.
For example, Tech Contracts Academy®, LLC’s Website is for business (not personal, family, or household use), and as such is not regulated by certain on-line privacy laws (such as California’s Shine the Light law and Online Privacy Protection Act (“Cal-OPPA”)). Additionally, Tech Contracts Academy®, LLC is not a “business” as so defined and regulated by the California Consumer Privacy Act (“CCPA”). Without conceding that either the CCPA or any data privacy law outside the United States (for example, those applying in the European Economic Area (“EEA”), Switzerland, the United Kingdom, or Brazil) applies to data including personal information collected through our Website:
- We process (use) the personal information you give us by e-mailing us or in contact forms (e-mail address, other information you choose to provide) because, by contacting us and providing that information, you have authorized us to use it. We (and/or our contractors) process usage data, like number of page visits and IP addresses. That data is used for to, for example, understand usage of and manage our Website (our legitimate interest), and otherwise as described in and pursuant to your consent to this Policy. As noted elsewhere in this Policy, we also process personal information wherever we have a legal obligation, for instance, if it is subpoenaed.
- Entities which the CCPA defines as a “business” (which Tech Contracts Academy®, LLC is not) have special obligations to Californians including, for example, to respond to requests “to know,” for copies of “personal information” (as defined by the CCPA), and to delete it; to provide specific collection notices; if personal information is “sold,” to post a “do not sell” link and implement requests to opt-out of sale. Tech Contracts Academy®, LLC is not a “business” required to do so by the CCPA.
- Individuals in certain jurisdictions outside the United States (for example “data subjects” in the EEA) have rights as to certain entities processing their “personal data” (for example, as defined by the European Union’s General Data Protection Regulation (“GDPR”)) including, for example, to access, update, or delete it; to have it altered if inaccurate or incomplete; to object to processing or request a company restrict how it is processed; to withdraw consent to processing; to receive a copy, in a structured, machine-readable, and commonly used format; to complain to a data protection authority (a government agency) about management of personal data. Tech Contracts Academy®, LLC does not believe its Website’s processing of limited personal data of those outside the United States (if any) brings it within the jurisdiction of these laws.
J. Contact Information