Umbrellar Connect Website Terms of Service

Revised and posted as of: June 2020

Welcome to UmbrellarConnect.com.

UmbrellarConnect.com (the “Website”) is an Internet service owned and operated by Umbrellar Limited. Umbrellar is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users.

We have developed these Terms and Conditions to govern your use of the Website as well as your use of any other Internet services and channels of Umbrellar including, but not limited to, our social media and other channels (e.g., Umbrellar Connect’s various profiles on Facebook, Twitter, Instagram, LinkedIn and YouTube. We, along with our affiliates, partners and vendors, provide content and services to you via the Website and Other Channels subject to the following conditions. Your use of the Website and/or Other Channels tells us you have read and agreed to these Terms and Conditions. Please read them carefully. These Terms and Conditions are a binding contract between you and Umbrellar, regarding your use of the Website or Other Channels. If you do not agree with any of these terms, please exit the Website and cease use of any Other Channels.

The Website Content

1.1

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or Other Channels, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Umbrellar, and its affiliated companies, licensors and suppliers. Umbrellar actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions.

1.2

The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by Umbrellar, and Marks owned by other information providers and third parties. For example, “Umbrellar Connect” is a registered trademark of Umbrellar. No Marks may be used in any manner unless approved in advance, in writing by Umbrellar.

1.3

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by Umbrellar. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by Umbrellar. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of Umbrellar.

1.4

Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website or Other Channels, as applicable.

1.5

Free access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.

1.6

You may not frame or utilise framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website or Other Channels without our express written consent. You may not alter or modify in any way, the Website or Other Channels including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website or Other Channels. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website or Other Channels, not to insert any code or product or manipulate the content of the Website or Other Channels in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website or Other Channels.

1.7

Umbrellar respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our help desk, in writing, either by email at enquiries@umbrellarconnect.com.

Membership and Registration

2.1

Certain areas of the Website or Other Channels (as applicable) may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Website or applicable Other Channels. When you register or become a member of the Website or applicable Other Channels or provide information to the Website or applicable Other Channels in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that Umbrellar may use the information you provide to us according to the Privacy Policy set forth on the Website.

2.2

If you become a member of the Website or applicable Other Channels, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or applicable Other Channels using your name in whole or in part. Umbrellar reserves the right to terminate membership and deny access to the Website or applicable Other Channels to any person who violates these Terms and Conditions.

Other Information Content Providers: Non-Staff Contributors, Commenters, Microsoft, Etc.

3.1

The Website and Other Channels may distribute content supplied by other information content providers such as non-staff contributors, commenters, Microsoft, etc. We use these providers to enhance your experience on the Website and Other Channels. Umbrellar, the Website and Other Channels are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Umbrellar. Each of those providers have their own “Terms and Conditions” on their websites.

Umbrellar is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or Other Channels and assumes no duty to monitor the Website or Other Channels for inappropriate or inaccurate content. Neither Umbrellar nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, Umbrellar reserves the right to remove information provided by other information content providers at any time in its sole discretion.

User-Generated Content: Comments and Other Submissions

4.1

The interactive areas of the Website and Other Channels are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Website and Other Channels. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Website and Other Channels. Umbrellar reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

4.2

By placing material on, or communicating with, the Website or Other Channels (e.g., posting a comment to an Umbrellar story; publishing a picture or video on an Umbrellar Facebook profile; participating in an Umbrellar Internet conversation by publishing a Tweet which incorporates a hashtag encouraged by or otherwise referencing Umbrellar; submitting content to Umbrellar via email in response to a request for submissions on the Website or Other Channels) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant Umbrellar and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the Website or Other Channels, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorise Umbrellar to include the information you provide in a searchable format that may be accessed by users of the Website, other Umbrellar websites owned or operated by Umbrellar, and Other Channels. You also grant Umbrellar and its affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Umbrellar the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

4.3

Please note that Umbrellar does not accept unsolicited materials or ideas for use or publication. Umbrellar is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Umbrellar.

Posting Rules

Interactive areas of the Website and Other Channels are intended to encourage public debate. We expect people to differ – judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of the Website and Other Channels, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on the Website or Other Channels at any time for any reason without notice. Decisions as to whether content violates any Umbrellar posting rule will be made by Umbrellar in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on the Website and Other Channels. When using the Website or Other Channels, please do not post material that:

• contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
• violates any right of Umbrellar or any third party.
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
• violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
• unfairly interferes with any third party’s uninterrupted use and enjoyment of the Website or Other Channels.
• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
• uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material.
• uses or attempts to use another’s account, password, service or system except as expressly permitted by these Terms and Conditions.
• includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
• uploads or transmits viruses or other harmful, disruptive or destructive files.
• disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website, Other Channels or affiliated or linked sites.
• “inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
• is unrelated to the specific interactive area or the interactive area’s topic.
• disguises the origin of the post.
• collects or stores other users’ personal data.

A violation of certain of posting rules may be referred to law enforcement authorities. Umbrellar reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

Website Security Rules

6.1

You are prohibited from violating or attempting to violate the security of the Website or Other Channels, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Umbrellar will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

Communications With Third Parties Through the Website

7.1

Your dealings or communications through the Website and Other Channels with any party other than Umbrellar are solely between you and that third party. For example, certain areas of the Website and Other Channels may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Umbrellar be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Software Available On This Website

8.1

Any software that is made available to download from the Website or Other Channels (“Software”) is the copyrighted work of Umbrellar’s suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.

International Users

9.1

The Website and certain Other Channels are controlled, operated and administered by Umbrellar from its offices within New Zealand. Umbrellar makes no representation that materials or the Content available through the Website or Other Channels are appropriate or available for use outside of New Zealand and access to them from countries where their contents are illegal is prohibited. If you access the Website or Other Channels from a location outside New Zealand, you are responsible for compliance with all local laws.

E-Mail Addresses

10.1

Umbrellar respects the privacy of its readers. However, Umbrellar does make available for its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile. Registrants may change their user profile at any time by visiting the “edit my profile” page.

Modification

11.1

Umbrellar shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or Other Channels shall constitute your acceptance of any changes. Umbrellar shall have the right at any time to change or discontinue any aspect of the Website or Other Channels, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

Notice of Availability of Filtering Software

12.1

You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.

Disclaimer

13.1

ALL MATERIALS AND SERVICES ON THE WEBSITE, OTHER CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. UMBRELLAR IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR OTHER CHANNELS. BECAUSE UMBRELLAR HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT UMBRELLAR IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT UMBRELLAR DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT UMBRELLAR SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. UMBRELLAR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR OTHER CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. UMBRELLAR EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. UMBRELLAR ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. UMBRELLAR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR OTHER CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR OTHER CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. UMBRELLAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.

Indemnity/Limitation of Liability

14.1

AS A CONDITION OF USE OF THIS WEBSITE AND ANY OTHER CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, UMBRELLAR AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR ANY OTHER CHANNELS; (B) UMBRELLAR’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU. If you are dissatisfied with any Umbrellar Connect material, or with any of Umbrellar’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website or Other Channels, as applicable.

14.2

Under no circumstances, including, but not limited to, negligence, shall Umbrellar, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorised access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that Umbrellar is not liable for any conduct of any user.

General

15.1

These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and Other Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall control.

15.2

These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of New Zealand Law.

Service Contact

16.1

Contact enquiries@umbrellarconnect.com with questions or problems with the Website.

UmbrellarConnect.com Privacy Statement

Effective as of: June, 2020

Umbrellar values your privacy.

This Privacy Statement of Umbrellar Connect (“Umbrellar” “we” “us” or “our”) outlines how your personally identifiable information and other information about you (your “user information”) will be collected, used, and shared in connection with your access to and/or use of UmbrellarConnect.com and any content, features, services, or other offerings that Umbrellar may provide in connection therewith, including in relation to any email communications or newsletters that Umbrellar may send in connection with your use of our website (collectively, the “Site”). This Privacy Statement also describes your choices and rights regarding the use, access to and correction or deletion of your user information. By using the Site, you acknowledge that you understand that we will use your user information in accordance with this Privacy Statement. Where required by law, you will also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technologies. The Site is owned and operated by Umbrellar – A Cloud Company.

Notice to EU individuals: this Privacy Statement is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.

If you have any comments or queries about this Privacy Statement, or how we use your user information, please contact us using the contact details provided below.

To enhance, personalise, and support your experience on the Site, among other things, we collect, use, and share your user information.  For example, we use aggregated information to develop content targeted to user interests and to generally improve the Site’s user experience.  As detailed below, your user information may also be used by Umbrellar and its partners to tailor content and ads, provide social media features (e.g., features that allow you to share content directly to your preferred social media platform), track your preferences, analyse traffic, and provide similar services and content.  Umbrellar is committed to your privacy and will not share any user information with any third party without your consent, except as outlined in this Privacy Statement or as permitted by law.  If you have any requests, comments, or questions about this Privacy Statement or your user information, please contact us in the manner provided below.

What this Privacy Statement Covers

This Privacy Statement covers the Site. While you may encounter links on the Site to other websites, such as those relating to our third party sponsors, advertisers, and other partners (e.g., our affiliate, partner, and vendor network operators), please note that these websites are not covered by this Privacy Statement (unless otherwise noted on such site, which may be the case if, for example, the site is also owned and operated by Umbrellar).

This Privacy Statement does not apply to the activities of Umbrellar’s third party sponsors, advertisers, and other partners (e.g. our affiliate network operators) that may collect your user information while you access or use such third party’s services in connection with your use of our Site (e.g. social media and sharing services).  The privacy and information practices of those third parties are not covered by this Privacy Statement.  To learn more about such third party policies, we encourage you to read and review the privacy statements of each third party service that you may choose to use. This Privacy Statement applies only to user information collected by us.

As a general reminder, please think carefully before you decide to put anything on the internet.  For example, if you voluntarily disclose user information in chat areas or bulletin boards (e.g., comments sections), that information could be seen and used by others, and may result in unsolicited messages from others. We are not responsible for the user information you may choose to submit in these public forums. To request removal of your user information from our blog or community forum, please contact us as provided below. In some cases, for legal retention purposes or technical limitations (e.g., the data may not be searchable), we may not be able to remove user information voluntarily disclosed by you in such forums, in which case, we will notify you.

Gathering of Information

Section Overview: We collect user information when you use the Site.  Sometimes you may submit it to us yourself, other times it may be collected automatically. You can manage and change your preferences as outlined below.

Information Collected

When you use the Site, your user information may be collected, used, and shared in a variety of manners. As detailed below, the type of user information collected may vary based on how it was gathered, but may include, among other things, user information that you voluntarily submit (e.g., when setting up an account or submitting a registration or application on the Site, you may submit your contact information, social media account handles, and/or professional information), user information automatically collected about your usage of the Site (e.g., the content that you choose to view), and user information that our third party partners may share with us if such third party partners have previously received your consent to do so.

Voluntary Submission

Umbrellar may collect user information (including personally identifiable information) that is voluntarily provided by you or with your permission. For example, we may ask you for user information, such as your email address, when you register to become a member of the Site or register for an Umbrellar-produced live event. You may also provide user information to Umbrellar in other contexts, including, for example, on your member profile page and public profile URL, to enter into a sweepstakes, contest, or promotion, or to apply for consideration in connection with an Umbrellar list or similar accolade. In the event you order something from the Site or one of our co-branded websites, we may request additional user information, such as your address, telephone number and credit card information, in order to complete the purchase. You always have the option not to provide the information we request. If you choose not to provide the information we request, you can still visit most of the Site, but you may be unable to access certain options and services. In the event that you wish to provide user information to us about a third party, such your friend or colleague, in connection with a referral, recommendation, nomination, or other purpose, please only do so if you have the permission of that third party. When you register or become a member of the Site or provide information to Umbrellar in any other manner, you agree to provide only true, accurate, current and complete information.

Information that We Collect Automatically

When you visit our Site, we may collect certain user information automatically from your device.

Specifically, the user information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information.  We may also collect user information about how your device has interacted with our Site, including the pages accessed and links clicked.

Collecting this information enables us to better understand the visitors who come to our Site, where they come from, and what content on our Site is of interest to them. We use this information for our business purposes, including internal analytics purposes and to improve the quality and relevance of our Site to our visitors.

Some of this information may be collected using cookies and similar tracking technology, as explained further below.

Cookies

A cookie is a small data file that is written to your computer’s hard drive by your web browser. A cookie file can contain and/or automatically collect user information, such as a user identification code or IP address, that a website will use to track the pages and number of times you have visited. The data read from these cookies may be linked to your user information, so our use of these cookies may allow us to better understand how you use our Site, or to serve you with personalised advertising.

In particular, we and our partners use cookies and similar technologies on the Site for our business purposes of personalising and optimising your browsing experience and the Site by:

• providing you with tailored content and advertisements (see below for more information),
• enabling social media features,
• safeguarding against spam and malware,
• analysing trends, traffic, and user behaviour,
• administering the Site,
• gathering demographic information about our user base as a whole,
• tracking web and advertising analytics throughout the Site and its affiliate websites,
• remembering your preferences and voluntarily-submitted information (e.g. custom video playlists, preferences, job title, story ratings, membership status),
• performing location-related functionalities and analytics,
• participating in market research (e.g., Site ratings), and
• educating ourselves about how we can continue to improve the Site and its various elements.

Cookies fall into the subcategories below.

Required Cookies. Certain cookies are used for specific purposes that are essential to your secure use and navigation of the Site. Without them, Umbrellar may not be able to provide core Site functions and features to you, and the Site would not operate as well as you or Umbrellar would like. These cookies collect and use information such as your server preferences, single-session data and corresponding identifier, web beacons and log files (detailed below), and other credential-related information.

Functional Cookies. Other cookies may be used to collect and process information about your preferences and similar choices in connection with the Site in order to optimise your browsing experience. Functional cookies include social media cookies, which collect information about your social media usage and other data you may have provided in connection with such usage (if you access the Site through a social media website or mobile application, you may have social media cookies). If you wish to modify or change your social media cookies, please visit and review the settings on your applicable social media account(s). Functional cookies also include analytics cookies, which provide us with data that allows Umbrellar to better understand its users and improve the Site based on what we have learned from that data.

Advertising Cookies. To help support the Site and further tailor your experience, Umbrellar and its advertising partners (and/or their third-party analytics providers) may also use cookies on the Site to personalise the content and advertisements you may be shown. Such advertisements use cookies to provide you targeted advertisements that may be more consistent with your interests than non-targeted advertisements. Certain Umbrellar advertising partners may also use cookies to monitor or track the performance of their advertising content, including native advertising content. Umbrellar does not provide user information to advertising partners except in connection with the Site or as required by law.

Please be aware that if you do choose to disable the receipt of cookies from our Site, you may not be able to use or benefit from certain features of the Site, particularly the features that are designed to personalise your experience.  To learn more about the use of cookies in online advertising including how to manage or delete them click here.

Most web browsers automatically accept cookies, but generally allow users to modify their browser settings to display a warning before accepting a cookie, to accept cookies only from certain websites, and/or to refuse all cookies. Please do review your web browser settings if you want to use your web browser to control our cookies.

Web Beacons

We may use web beacons (invisible images often referred to as pixel tags or clear GIFs) on our Site for our business purposes of recognising users, assessing traffic patterns, identifying preferred content and measuring site engagement. We may also include web beacons in our email communications, including newsletters, in order to measure engagement with our communications (e.g., to count how many, and when, email communications have been opened, or which links in such communications have been clicked on).

Umbrellar and its partners (including advertisers, ad servers, and affiliate link e-commerce providers) may also use web beacons to collect various data provided by your browser while you are on our Site and elsewhere (i.e., outside of the Site) where we may be acting as a third party. This data is collected in the aggregate, but may include or be associated with other user information that users have voluntarily submitted. As we do not control or have access to the manner in which these third parties may use cookies or other tracking technologies, Umbrellar is not responsible for the privacy practices of these third parties (if you have questions about any of these third parties, we encourage you to review their corresponding privacy policies).

Log Files

The Site’s web and ad servers log information about a user’s IP address, browser type and the current URL the user is requesting. This information is always provided by a user’s browser and automatically logged by most websites. These log files are stored in a secure location and used for our business purpose of internal analysis of traffic patterns within our Site.

Information that We Obtain from Third Party Sources

From time to time, we may collect personal information about you from third party sources (including data append services such as public or social graph data, or social media websites if you have chosen to log in or connect your social media with our Site) which we will use for our business purposes (for example, in order to better serve you with content or promotions). However, we will only use this information where these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

Use of Your Information

Section Overview: Our primary goal in collecting, using, and sharing user information is to enhance your experience on the Site, support the Site, and improve its features, performance, and other elements. Your user information may be used for the purposes outlined below. We will not use your user information without a valid legal basis to do so.

To Target Content and Advertising

Umbrellar may use your user information for advertising purposes in order to promote our Site or our other products or services, and the products and services of third parties. To develop and provide content and advertising to you that is targeted to your interests, we use the analytics collected by the systems described above to determine which areas of our Site you prefer based upon the frequency of your visits and engagement with those areas. We may make reasonable assumptions based on your browser provided data to target relevant content and advertising to you on our site and elsewhere where we may be acting as a 3rd party. We may also make reasonable geographic and demographic assumptions based on your presented IP address to target relevant content and advertising.

To Provide Interactive Communications from the Site

To enhance your experience, we may provide you with interactive communications, such as notifications of activity by topic or contributor to the email address that you provide to us. Such interactive communications are provided only to those users who have expressly provided us with their permission to receive them as part of their user profile.

From time to time we may provide emails highlighting new features, content, offers, promotions, events or contests on the Site to those users who have expressly provided us with their permission to send such communications as part of their user profile, or where we are otherwise permitted by law.

To Provide Communications from Third Parties

We respect the privacy of our users and will not disclose or distribute our user list to any third party, nor will we permit anyone else to do so. However, we do make available our list of those registrants who have expressly provided us with their permission to receive third party offers as part of their user profile. In those cases, your email address will be transferred to the third party. You can remove your consent to this use or modify your related user information by contacting Umbrellar as indicated below.

Sharing of Information

You may be requested to voluntarily provide certain user information during your use of the Site. If you choose to do so, that user information may be shared with Umbrellar as well as our business partners, third party vendors and service providers who fulfil our business purposes. These third parties provide hosting and other services for Umbrellar (for example, to support on the delivery of, provide functionality on, or help to enhance the security of our Site), and otherwise process user information for purposes that are described in this Privacy Statement or notified to you when we collect your user information.

We use third parties for a number of business purposes, including to provide credit card processing, to provide email services and to host services on the Site. When you sign up for such services, we will share your user information only as necessary for the third party to provide that service. These third parties are prohibited from using your user information for any other purpose. With respect to credit card processing, we do not collect, store, or process any credit card information. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service.

In addition, if you provide any user information via an advertiser promotion, please be aware you are directly providing your user information to that advertiser. Similarly, we may share certain attendee user information with sponsors of our live events (e.g., attendee name, title, company name, email), subject to applicable law.

From time-to-time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain user information from you, such as your name and email. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. We use this information to notify winners and award prizes.

We may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ user information for any other purpose. We will not share the user information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

As noted above, you may be able to log in to our site using sign-in services that bridge your social media login information with the Site. These services will authenticate your identity and provide you the option to share certain user information with us such as your name and email address to pre-populate our sign up form. These services give you the option to post information about your activities on the Site to your profile page to share with others within your network. The Site includes social media features, widgets and/or interactive mini-programs that run on the Site. These features are small content modules that can be embedded on the Site (or other sites) and may collect your IP address, which page you are visiting on the Site, or set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

We offer widgets that are hosted on the Site, like our embeddable video player. Use of the UmbrellarConnect.com widgets is subject to the Site terms of use, but downloading or embedding these widgets on other websites is not covered by this privacy statement.

Aggregate Information with Advertisers

We partner with third party ad networks to either display advertising on the Site or to manage our advertising on other sites. Our ad network partners use cookies and web beacons to collect user information about your activities on the Site and other websites to provide you targeted advertising based upon your interests.

As Necessary to Provide Services to You

We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of newsletter mailings, processing transactions, or performing statistical analysis of our services. We will only provide those companies the user information they need to deliver the service. In some instances, these companies may collect user information directly from you. In these cases, you will be notified of the involvement of the external service provider. In all cases, these companies are subject to agreements that require them to maintain the confidentiality of your user information and they are prohibited from using that information for any other purpose.

In the Event of Sale or Bankruptcy

The ownership of the Site may change at some point in the future. Should that occur, we want this site to be able to maintain a relationship with you. In the event of an (actual or potential) sale, merger, public offering, bankruptcy, acquisition of any part of our business, or other change in control of Umbrellar, your user information may be shared with the person or business that owns or controls (or potentially will own or control) this Site, provided that we inform the buyer (or prospective buyer) that it must use your user information only for the purposes disclosed in this Privacy Statement.

As Required By Law

Umbrellar may disclose your user information to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary: (i) as a matter of applicable law or regulation (such as to comply with a subpoena or in the good faith belief that such action is necessary to conform to the edicts of the law), (ii) to protect your safety or the safety of others, (iii) to investigate fraud or comply with a judicial proceeding or court order, or (iv) to protect and defend the rights or property of Umbrellar.

Consent

Umbrellar may disclose your user information to any other person with your consent.

Notice to Visitors in the European Economic Area (“EEA”): As outlined in this Privacy Statement, Umbrellar will not process your user information without a lawful basis to do so.  Our legal basis for collecting and using your user information as described above will depend on the user information concerned and the specific context in which we collect it.  In general, Umbrellar will process your user information on the legal bases of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted above).  If we ask you to provide user information to comply with a legal requirement or so we can perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of this user information is mandatory or not (as well as of the possible consequences if you do not provide this user information).

Umbrellar may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Site, learning from your behaviour on the Site (e.g., analysing traffic) to better serve you and other Site users, helping us modify or enhance the Site and its content, receiving insight as to what users do (and don’t) like about our Site or aspects thereof, and providing a stable, consistent, and secure user experience in connection with the Site.

Control of Your Information

Section Overview: You have a variety of rights regarding the use and control of your user information.

Upon request, Umbrellar will provide you with information about whether we hold any of your user information. Registered users may change the information stored in their member profile such as image, name, password, location, country and the topics and contributors they are following at any time by visiting their member profile page. All users may elect to stop receiving marketing material from Umbrellar or on behalf of external third party business partners by following instructions at the end of any such email received.  Your rights and controls with respect to the user information that may be collected, used, or shared in connection with cookies are outlined above.

You may request to delete or modify your personal account and/or any user information you may have voluntarily submitted to us (e.g., information that you provide to register for an Umbrellar event) if you wish to do so. You may also ask to opt-out of marketing communications (you can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.  To opt out of other forms of marketing, please contact us at enquiries@umbrellarconnect.com. We will do our best to respond to your request within 30 days and, in any event, we will respond within the timescales required by applicable data protection and/or consumer privacy law.

Data Retention

We will retain your user information for as long as your account is active or as needed to provide you the Site, unless you have revoked your consent or requested to delete certain user information; and we may retain certain user information for specific legitimate interests where we have an ongoing business need (for example, relating to core Site functionalities (such as fraud-prevention and account recovery), or to comply with applicable tax, legal or accounting requirements).

When we have no ongoing legitimate business need to use your user information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in back-up archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Security

Section Overview: We care about the protection of your user information and use appropriate technical and organisational security measures (including industry standard safeguards) to do so.  The measures we use are designed to provide a level of security appropriate to the risk of processing of your user information.  Of course, it’s important to keep in mind that no data transmission on the Internet is guaranteed to be 100% secure.

Your user information is stored on Umbrellar’s servers. We use industry standard physical, electronic, and organisational safeguards to protect your user information against loss or theft as well as unauthorised access and disclosure to protect your privacy. We treat data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorised access by users inside and outside the company. However, “perfect security” does not exist on the Internet.  If you are concerned that your privacy may have been breached, please contact us as provided below.

Privacy of Children

Section Overview:  The Site is intended for people who are at least 16 years of age.

If you are less than 16 years old, please do not send any user information to us–including information such as your name, address, or email address. We do not knowingly collect (nor do we wish to collect) any user information from children under the age of 16.  In the event that we learn we have collected any user information from a child under the age of 16, we will delete that information from our database and terminate the corresponding account, if any.  We encourage you to discuss the Site with your parent or guardian.

Cross-border Transfers

Section Overview: Your user information may be transferred to, and processed in, countries other than the country in which you are resident in connection with your use of the Site.  These countries may have data protection laws that are different to the laws of your country.  Specifically, if you access or use the Site outside of New Zealand.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Statement.

We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

How to Contact Us

Section Overview: Please contact us if you have any questions or requests.

If you are an individual in the EEA and would like to make a request pursuant to the General Data Protection Regulation (GDPR), click here.

If you have any other questions regarding this Privacy Statement or how to remove or modify your user information or related consents, please feel free to contact us at enquiries@umbrellarconnect.com.

How Will I Know if the Privacy Statement Is Changed?

We may update this Privacy Statement from time to time in response to changing legal, technical or business developments.  When we update our Privacy Statement, we will take appropriate measures to inform you, consistent with the significance of the changes we make.  For example, if we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We will obtain your consent to any material changes if and where consent is required by applicable laws.  We encourage you to periodically review this page for the latest information on our privacy practices.

Umbrellar Connect Promotion and Competition Rules

Effective as of: December, 2020

These Rules apply to all promotions or competitions run by Umbrellar on any platform (Promotion). Promotional periods, prizes, entry mechanics, winner selection and any specific rules will be as stated in the particular Promotion. By entering a Promotion, you are also agreeing to these Rules.

Promotions are open to New Zealand residents only. In addition to any restrictions noted in the particular Promotion, the following individuals may not enter Promotions:

• • employees of Umbrellar, participating sponsors, promoters and/or associated advertising agencies (and their family members);
  • anyone who has won a prize in the 14 days prior to the Promotion start date or, where the prize was valued at over $1000, during the period 90 days prior to the Promotion start date;
  • anyone under 18 years old, unless otherwise stated.

Umbrellar’s decision is final in relation to the selection of prize winner(s), any dispute regarding the Rules, and/or the conduct or the results of a Promotion.

Umbrellar reserves the right to cancel, terminate, modify or suspend Promotions and/or vary these Rules at any time without prior notice.

Umbrellar may refuse or disqualify any entry (including winning entries) if Umbrellar decides in its sole discretion that the entrant has not complied with these Rules (including any specific rules associated with the particular Promotion), or if he or she has acted in a way which Umbrellar reasonably considers to be inappropriate, unlawful, offensive or otherwise not in the spirit of the particular Promotion. If the winning entry is disqualified, Umbrellar reserves the right to award the prize to another entrant without notice to the disqualified entrant(s).

Where a winner is selected by a voting mechanism: Umbrellar reserves the right to disqualify;

1. • anyone who is suspected of engaging in, or benefitting from, irregular or fraudulent voting.

Promotions are governed by New Zealand law.

Prizes

Umbrellar reserves the right to substitute the prize(s) for a prize of equivalent or greater monetary value.

If the winner(s) can’t be contacted within a reasonable time period or are not able or available to accept the prize for any reason which is beyond Umbrellar’s reasonable control, then Umbrellar reserves the right to award the prize to another entrant.

Prizes are personal to the winners and can’t be transferred to someone else.

Umbrellar will not be responsible for winner air travel and/or accommodation or other incidental and/or associated costs unless otherwise stated.

Umbrellar will not be liable for any prize(s) that do not reach the winners for reasons beyond reasonable control.

To the extent permitted by law, Umbrellar will not be responsible for any loss or damage suffered by entrants or anyone else as a result of, arising out of, or in any way connected with a Promotion or its prizes.

Where a Promotion is conducted across social media:

• • Entrants’ conduct must comply with the rules of that social media platform.
  • Promotions are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or Snapchat. These social media platforms are in no way responsible for any aspect of Promotions.

Personal Information

By entering a Promotion, entrants agree to the use of their names, photographs and likeness for promotional/advertising purposes, and agree to make themselves reasonably available for this purpose. Any copyright associated with an entry will be owned by Umbrellar.

Umbrellar collects and holds personal information provided by entrants for the purposes of administering Promotions and for future Umbrellar promotional purposes. All personal information provided by entrants will be held by Umbrellar and will not be provided to third parties unless otherwise specifically set out. Under the Privacy Act 1993, entrants have the right to access and correct their personal information. For more information about how Umbrellar uses personal information, please refer to Umbrellar’s Privacy Policy.

Prizes may be subject to additional terms and conditions imposed by a third party (for example, vouchers may have additional terms and conditions and/or an expiry date or in the case of travel, additional terms and conditions may be imposed by airlines, service providers.