PRIVACY POLICY

Effective: June 1, 2021

Introduction

This Privacy Policy (“Privacy Policy”) is specific to the National Council of Higher Education Resources (NCHER).

At National Council of Higher Education Resources (“NCHER”, “we”, “us”, “our”, or the “Association”), we are committed to protecting your privacy. This Privacy Policy describes the types of information we collect about users of our website and is designed to help you understand how we collect, use, and safeguard the information you provide to us and to assist you in making informed decisions when using our Services. This Privacy Policy also describes (1) the measures we take to safeguard the information we collect and (2) your rights and privileges concerning our collection, use and disclosure of information about you.

This Privacy Policy applies to website owned and operated by NCHER, including, but not limited to, NCHER.US. Throughout this document, this website, all other NCHER affiliated website, and affiliates with links to this policy will be collectively referred to as the “Website”. Services provided by or enabled via the Website will be referred to as the “Services”.

NCHER is not responsible for the content or privacy practices of non-NCHER website to which this website, or any other NCHER website, may link. Also, NCHER is not responsible for the privacy practices of our Members or our Members’ website. You should review any additional privacy policy and terms of use agreements before using an NCHER Member’s website.

By using our Website, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use our Website.

 

NCHER Software Platforms

In addition to the NCHER.US website, NCHER operates web-based software platforms, WordPress, DIVI Builder, WooCommerce, Ultimate Member, WP-File Download, and other WordPress plugin solutions, used to provide access to a website for authorized members, including their employees. The use of information collected through this platform is strictly limited to the purpose of meeting obligations to our Members and providing the services requested by our Members.

If you are the customer of one of our Members, you should refer to that Member’s privacy policy for information on how your personal information is collected, used, and protected. Any inquires related to your data, how it is processed, and data access, deletion and modification requests should be directed to that Member organization.

Changes to the Privacy Policy

The data NCHER collects and uses is governed by this Privacy Policy, as amended from time to time, not by the Privacy Policy in effect at the time of data collection. This includes data collected from the NCHER website, social media page with links to this Privacy Policy, and services provided by or enabled via these sites. NCHER may change the Privacy Policy at our sole discretion and will provide notice of changes in the Privacy Policy and on the privacy policy page of our website. If, as the result of such changes, you want to alter the ways in which we are allowed to use your personal information, you can do so by following the procedure described in the section entitled “Privacy Rights”.

Please regularly review our Privacy Policy. If you have objections to the Privacy Policy, you should immediately discontinue use of the Website and the Services enabled by the Website. This Privacy Policy does not govern privacy practices associated with offline activities, website other than this Website, or any products or services not available or enabled via this Website.

You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such notice has been posted with the following exception: if at the time you provide personal information to NCHER you limit how such information will be used to communicate with you, either by NCHER or by third parties, NCHER will not change your preference in this regard without your express consent. However, if NCHER sells assets (or the assets of a division or subsidiary) to another entity, or NCHER (or a division or subsidiary) is acquired by or merged with another entity, you agree that NCHER may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without obtaining your further consent.

 

Policy Regarding Children

NCHER Website and Services are not designed for use by children under the age of 16. As such, this Website is not directed at children under the age of 16 nor do we knowingly collect or maintain information from children under the age of 16 on this Website.

 

Collection and Use of Data

NCHER are the sole owners of the information collected on this website. We have access to and collect information that you voluntarily give us via email, webform or other direct contact from you. We will use your information to respond to you, regarding the reason you contacted us. We may disclose information to our corporate affiliates and third parties to provide products and services to you or related to products or services you have purchased or downloaded from NCHER. Unless you ask us not to, we may contact you via email in the future to tell you about our services, events, products, or changes to this privacy policy or to provide you with informational or educational newsletters.

Do not provide personal information about others unless you are authorized or required to do so by applicable law or contract. Before supplying personal information about others, you, and the person about whom you supply the information must review and consent to the Terms of Use and Privacy Policy of the Website. By submitting any personal information about others, you represent and warrant that you are authorized to do so, that you have made the Terms of Use and Privacy Policy available to the person about whom you supply the information, and that you have obtained that person’s written consent to our Terms of Use and Privacy Policy. If applicable law allows you to supply the information without doing the foregoing, you represent and warrant that you have abided by that law and that it allows us to receive and disclose the information under this Privacy Policy without any further action on our part. You agree to indemnify, defend, and hold harmless NCHER, our parents, subsidiaries, officers, directors, employees, web developers, and agents, sponsors and supporting artists, licensors, and suppliers for any failure by you to comply with this paragraph.

 

Personal Information and Business Information

“Personal Information” as used in this Privacy Policy is information that we directly associate with a specific person or entity, such as name, address, payment information (including payment card number, expiration date, cardholder name and CVV code), mobile telephone number, and email address.

The Personal Information you provide will vary based upon the context, and we will not collect your Personal Information unless you make it available. You are not required to provide Personal Information at any time while visiting the Website; however, you may be required to provide Personal Information to use certain Services. You may provide us with Personal Information by participating in online or emailed surveys, subscribing to newsletters and other recurring offerings through the Website, and in connection with other products, services, features, or requests made available through the Website.

NCHER collects the Business and Personal Information necessary to enable us to respond to your requests for our products and services and to send you information regarding our products and services from time to time. Since most of the users of our products and Website are doing so in their capacity as potential employees, employees, employers, or companies, most Business and Personal Information we collect will be in that capacity. For these purposes, we have defined “Business Information” as any information that identifies or may identify a job seeker (potential employee), company or an individual contact at a company or that allows others to contact a company or an individual contact at a company. When you visit our Website, you may be asked to submit information such as e-mail address, company name, address, phone number, your product version and/or areas of interest. We may also ask you where you heard about our company or products, or for other information that will help us understand more about your needs or help us process your requests for information. In addition, we collect credit card and related payment information when you order products, services, or support plans online. Our information collection and use practices are described in more detail below.

 

Product-Related Information Collection

NCHER collects certain additional information in connection with your use of our Services, web-based products and/or desktop products with online features. For instance:

  • Account Set-Up and Access: Upon subscribing to our services, NCHER collects Business Information, which may include information such as product serial number, customer ID and your customer profile information. This allows us to identify you to authorize your access and use of the services, and to provide you with your relevant account information. Certain products allow you to access your account to obtain information such as service subscriptions, registrations, website access to member-only area and order history.
  • Account Application: Certain events and services are subject to an application and enrollment/registration process, which may be completed on paper or online. Information requested may include bank account or credit card account information and contact information. This information is used to process your enrollment request and, if approved, to set up and administer your account.
  • Web-based Services: Some of our web-based Services collect certain additional information, including IP address, browser, connection speed, domain, referring URL and other environment-related information. This enables us to provide a secure environment for the use of the services, to pre-populate forms and calculate aggregate statistical information about the customers using these services. We use this information to better protect you and to provide a better user experience.

 

Third-Party Products

NCHER may provide your Business Information to sponsors in conjunction with the terms of their sponsorship. However, we have requested that they limit their contact to you to a single instance, tied closely with the event that they are sponsoring.

 

Public Forums

Information (including personal and business information) that you submit, post, or otherwise reveal in a public forum (such as comments to a blog or discussion forum) is not subject to this Privacy Policy, will be seen by third parties not related to NCHER and may be used by them or NCHER to contact you for any purpose.

 

Registrations

To access information (blogs, member-only materials, e-Library files, etc.) on the Website, a user may be required to register with NCHER. During registration, a user is required to give certain information (such as name, email address, job title). This information is used to verify your affiliation with a Member Organization and to issue you access credentials (username and password.)

 

Orders | Event Registrations

We request information from you on our order form or event registration form. To buy from us, you must provide contact information (like name and email address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

 

Surveys

From time-to-time, our Website may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether to participate and therefore disclose this information. Information requested may include contact information (such as name and email address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Website or for delivery of services.

 

Cookies

NCHER may place “cookies” on the browser of your computer. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies may enhance the convenience and use of the Website. For example, the information provided through cookies may be used to recognize you as a previous user of the Website (so you do not have to enter your personal information every time), offer personalized information for your use, and otherwise facilitate your experience using the Website. You may choose to decline cookies if your browser permits but doing so may affect your ability to access or use certain features of the Website.

NCHER may also utilize web beacons on our Website. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. The information collected through these automated means may include information that we gather and store about your visit to, and use of, the Website, such as your IP address, type of browser and operating system used, date and time you access the website, pages you visit, and, if you linked to the Website from another website, the address of that website. This data does not include Personal Information and is not treated as Personal Information under this Privacy Policy, but it may include the IP address of your device. We may link an IP address to information that is personally identifiable.

Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of this Website.

 

Third-Party Analytics

We may also allow certain third-party analytics service providers (i.e. Google Analytics) to include cookies and web beacons within the pages of the Website on our behalf and to retain and use the information received from such cookies and web beacons themselves. Third-party service providers that collect this data on our behalf or on behalf of client may offer information about their data collection practices.

 

Do Not Track

Currently, various browsers — including Microsoft Edge, Google Chrome, Internet Explorer, Mozilla Firefox, and Apple Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user’s browser DNT preference setting. We do not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. We take privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

 

Protecting Data During Collection

We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline. We use appropriate security measures to protect the security of your data both online and offline. These measures vary based on the sensitivity of the information that we collect, process, store, and the current state of technology. Please note, though, that no website or internet transmission is completely secure, so while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

How We Use the Data We Collect

Email Communication

Each email we send will contain instructions on how to unsubscribe should you decide not to receive future promotional emails. If you choose to opt-out of receiving promotional e-mail communications from any NCHER business unit, we may still periodically communicate with you via mail and telephone. Please allow up to 10 business days to be removed from our promotional email list.

We send notification emails about the Website and Services from time to time as necessary. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

We also send newsletters to our users with news of new service offerings and promotions. Should you change your mind about receiving these newsletters, you can unsubscribe by following the directions present in each email we send out.

Most of our communications are intended to:

  • inform you of product upgrades and updates and subscription renewals;
  • notify you of events and services that we think may be of interest to you;
  • offer you discounts or other promotions with respect to NCHER events and services that we think may interest you; and
  • contact you for survey purposes to determine how we can better service you or provide better products to meet your needs.

Third-Party EMail Promotions

If you access and/or use any of our Partner’s services from a link on this Website, a NCHER/Partner co-branded website or by any other means, any information you reveal in connection with such service is submitted to our Partner and is not subject to this Privacy Policy. You should consult the privacy policy of any Partner or third-party website with respect to its treatment of any information that you may reveal through such service.

Services and Product Data

Business Information collected by NCHER as set forth in the Personal Information and Business Information section above does not include your company’s data entered in the course of operating our products (“Product Data“) or data provided by you while using our services (“Services Data“).

NCHER will not access your Product Data or Services Data except in the following limited circumstances:

  • to provide you with technical support, solely at your request and with your permission;
  • on a limited-access basis to install updates, produce regular backups or restore data from backups at your request;
  • where the inherent purpose of the product or service requires NCHER to provide the Product Data or Services Data to a third party on your behalf (for example where NCHER initiates bank transfers on your behalf); and
  • unless you opt-out, to utilize Aggregate Information derived from Services Data to help us improve our products and services and in developing additional offerings. Aggregate Information is non-identifying information about you that is provided to third parties for analysis. For example, we might inform third parties regarding the number of users of this Website and the activities they conduct while on this Website to better understand user experience. Third parties who receive aggregate information cannot identify or contact you based on the information they receive.

NCHER will not provide your Product Data or Services Data to any third-party or permit any third-party to access your Product Data or Services Data, except with your permission or to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order. In addition, if at any time you decide to discontinue your use of the applicable service, your Services Data will be destroyed and removed from all servers according to terms set forth in your Service Agreement, subject to applicable back-up and disaster recovery practices and procedures.

How We Share Data

Unless you give us your permission, we do not share data we collect from you with third parties, except as described below:

Third-party service providers or consultants. We may share data collected from you on the NCHER Website with third-party service providers or consultants who need access to the data to perform their work on NCHER’s behalf, such as a website analytics company or our third-party advertising partners. These third-party service providers are limited to only accessing or using this data to provide services to us and must provide reasonable assurances that they will appropriately safeguard the data.

Compliance with Laws. We may disclose your data to a third party if (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request (including to meet national security or law enforcement requirements), (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of the NCHER Website or our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury. If NCHER is required by law to disclose any of your data that directly identifies you, then we will use reasonable efforts to provide you with notice of that disclosure requirement, unless we are prohibited from doing so by statute, subpoena or court or administrative order. Further, we object to requests that we do not believe were issued properly.

Affiliates. We may share data collected from you from the NCHER Website with our affiliates. We all will only use the data as described in this notice.

Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, data we gather from you through our website may be part of the assets transferred or shared in connection with due diligence for any such transaction. Any acquirer or successor of NCHER may continue to use the data we collect from you through our Website as described in this notice.

Aggregated or de-identified data. We might also share data collected from you from the NCHER Website with a third party if that data has been de-identified or aggregated in a way that does not directly identify you.

We do not share your data (including, but not limited to, the personal data of your employees) with third parties for their direct marketing purposes, unless you give us your consent to do so.

If you have any questions, please do not hesitate to reach out to info@ncher.org.

 

Privacy Rights

We may retain your information for a period of time consistent with the original purpose of collection. For instance, we may retain your information during the time in which you have an account to use our Website or Services and for a reasonable period afterward. We also may retain your information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

You may opt out of any future contacts from us at any time. Additionally, if the collection of your personal data was based on your consent, you have the right to revoke that consent at any time. Be aware that by revoking consent, you may lose access to services you previously opted to use.

You may request to review, correct, delete, or otherwise modify any of the personal information that you have previously provided to us through the Company’s Website(s) and Services. You can do the following at any time by contacting us via the email address or phone number provided on our website:

  • See what data we have about you, if any,
  • Change/correct any data we have about you,
  • Have us delete any data we have about you,
  • Express any concern you have about our use of your data,
  • Requests to access, change, or delete your information will be addressed within a reasonable timeframe.

 

California Residents’ Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact us as described in the “Questions, Concerns or Complaints” section below, and we will respond within 30 days as required by law.

 

How to Contact Us

NCHER commits to resolve complaints about our collection or use of your personal information. NCHER takes its users’ privacy concerns seriously.

If you believe that NCHER has not complied with this Privacy Policy with respect to your personal information, you should first contact us at NCHER by emailing us at info@ncher.org or by writing to NCHER at the following address:

NCHER
Attn: Privacy
1050 Connecticut Ave NW #65793
Washington, DC 20035

In your letter, please include that you are inquiring about NCHER, and describe in as much detail as possible the ways in which you believe that the Privacy Policy has not been complied with. We will investigate your complaint promptly.

Please note that NCHER is not responsible for the content or privacy practices of non-NCHER website to which this Website or any other NCHER website may link. Also, NCHER is not responsible for the privacy practices of its customers or users of its customer website. You should review the additional privacy policy of the customer website before using the website.