LEGAL NOTICE AND PRIVACY STATEMENT
Use of this website (“Website”) and the materials presented on it is subject to the following terms and conditions. By using this Website, you agree to these terms and conditions and acknowledge reading them. If you do not agree to these terms, then you should redirect your browser to another web site – although, frankly, you probably should reconsider your use of the internet altogether, as pretty much every other web site operates under terms similar to this one.
The term “ODI” in this Legal Notice refers to One Demand.com, Inc. (doing business as OneDemand), unless the context otherwise requires. All materials have been prepared for general information purposes only to permit you to learn more about our company and our services.
1. Privacy Statement
We care about your privacy, and want you to understand what information we collect about you, and how we use it. In general, we collect the same information as most other business websites, and use it in the same way as most other business websites.
» Types of Information
We collect two types of information: information which you knowingly give to us, and information that is automatically collected by our systems.
» Information You Knowingly Give To Us
We receive and may store personal information you actively send to us, or otherwise enter on our Website (such as on a contact or subscription form). This information may include, but is not limited to, your name, email address, and phone number.
» Information Automatically Collected By Our Systems
We may collect general information about the way in which you use our Website, including, but not limited to, the time and duration of visit, type of web browser used, the operating system/platform you are using, your IP address, your approximate location, the web sites from which you linked to us, and other similar usage information. We also may note whether and how you use the Website by recording site traffic patterns and “clickstreams”, as well as any search terms entered on the Website.
» Google Analytics
We use a tool called “Google Analytics” to collect information about use of this Website, and we have enabled its Re-Marketing feature in the event we ever wish to display advertising to you after you’ve left our Website, and we have enabled its Demographics and Interest Reporting feature to generally understand the type of visitor to our Website and how we can improve both it and our service offerings.
Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other sites they used prior to coming to this Website, and aggregates that data both for us to use in better understanding how visitors are using our Website, and for their use in creating demographic and interest data used for marketing and advertising purposes.
Google Analytics collects the IP address assigned to you on the date you visit this Website, rather than your name or other personally identifying information. We do not combine the information collected through the use of Google Analytics with any personally identifiable information you may have otherwise given us.
Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of service, available at https://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at https://www.google.com/policies/privacy/. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser.
» Cookies
We use a number of different cookies on our Website. If you do not know what cookies are, or how to control or delete them, then we recommend you visit https://www.aboutcookies.org for detailed guidance.
Currently we operate an “implied consent” policy, which means that we assume you are happy with this usage. If you are not happy, then you should either not use this Website, or you should delete the cookies after having visited the site, or you should browse the site using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari, etc.)
» First Party Cookies
These are cookies that are set by this Website directly.
Google Analytics: Google Analytics stores information about what pages you visit, how long you are on our Website, how you got here and what you click on, and much more. This data is collected anonymously via a JavaScript tag in the pages of our Website and is not tied to personally identifiable information. Please see earlier in this Privacy Statement for more details about our usage of Google Analytics.
WordPress: Our Website runs the popular WordPress CMS and cookies are used to store basic data on your interactions with WordPress, and whether you have logged into WordPress. We use a session cookie to remember your log-in if you are a registered user, and we deem these as being strictly necessary to the working of the Website. If these are disabled then various functionalities on the Website will be broken.
More information on session cookies and what they are used for at https://www.allaboutcookies.org/cookies/session-cookies-used-for.html.
» Third Party Cookies
These are cookies set on your machine by external websites whose services may be used on this Website.
Cookies of this type are the sharing buttons across the Website allow visitors to share content onto social networks. Cookies may be set by Twitter, Facebook, Google+, LinkedIn and other social media. In order to implement these sharing buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of our Website.
We do not use any data these third party cookies may collect, we do not provide any personally identifiable information to these third parties or allow them access to any such personally identifiable information, and we are not in control of these third-party scripts.
You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, not just this Website, and should again become familiar with your browser’s anonymous usage setting to the extent you’d like to block these third party cookies.
» What We Do With The Information We Collect
We may use the information we collect to:
- identify levels and areas of interest in our company, and to improve and refine our Website
- provide you with information and services in response to your request
- provide you with additional information based on your web browsing history and/or your demographic information (without actually knowing who you are)
- contact you via email about events, opportunities, and happenings related to our company
» How We Protect The Information We Collect
We do not sell or otherwise allow access to any personally identifiable information provided by our visitors to any third party, but we may share it where we believe we are legally required to do so (in our sole discretion and without any notice required).
Although we use security that we believe to be appropriate to protect the limited personal identifying information disclosed to us on this Website, we do not guarantee that our security precautions will protect against and we expressly disclaim any liability for any loss, misuse, or alteration of your information or from your access to or use of our information.
To the extent that we work with third parties who provide us with operational business services (for example, and without limitation, using Microsoft Office 365 for email functionality), you agree that we are not responsible and shall have no liability whatsoever in any way, using any theory, method, or venue, for the privacy practices of those third parties – and you further consent to our use of these third party services, even where their privacy policies may diverge from this one.
» Additional Privacy Terms
This Website does not currently respond to any browser “Do Not Track” beacon or similar setting, largely because we do not control the Google Analytics implementation we are using to (anonymously) track visitors to our Website. Our Website will, however, respond to “Do Not Track” settings to the extent Google Analytics does so.
ODI specifically serves customers in the United States, and does not solicit or want customers in the European Union (“EU”). If you are a visitor from the EU, you are prohibited from using any form on the Website to provide us with your personal information. Seriously, we don’t want it.
This Privacy Statement was last revised and became effective on May 25, 2018, and any changes to this Privacy Statement will be posted in this Legal Notice under the heading “Privacy Statement”. If you wish to view any information that may have been previously given by you on or through this Website, or if you do not want us to further use any such information, or if you wish to correct any such information, please contact us using the contact information listed elsewhere in this Legal Notice.
2. Links
We may from time to time, directly or indirectly, provide links to or accept links from websites of other parties for convenience. ODI does not control or maintain the material presented by other persons in their websites. The inclusion of any link on this website does not imply any association or relationship between ODI and the person sponsoring the linked site, and does not constitute or imply any endorsement, approval or sponsorship of the linked site by ODI, or the endorsement, approval or sponsorship of ODI by the sponsor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. ODI does not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you will leave our site.
Without our prior written consent, you agree that you will not frame material in this site with another web page or materials of any other entity. If ODI permits such framing, you must agree to include or link with it this Legal Notice page and to immediately terminate the framing at ODI’s request, unless we otherwise expressly agree.
3. Intellectual Property Rights
“Symphony” and the Symphony logo are the registered trademarks/servicemarks of ODI. Unless otherwise noted, all materials, including but not limited to, images, illustrations, designs, icons, photographs, video clips, software, code, and written and other materials that are part of the Website are protected under copyright laws and/or other intellectual property laws, and are the trademarks/servicemarks, trade dress and/or other intellectual properties owned, controlled, or licensed by ODI. You may download and view material on the Website for your personal, temporary, non-commercial viewing only. No part of these materials may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission of ODI.
All rights not specifically granted in this Legal Notice, including but not limited to federal and international copyrights, are reserved by ODI, whether on behalf of itself or for its licensors.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT ODI HAS MADE NO EXPRESS REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE WEBSITE, AND THAT THE WEBSITE IS BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. ODI DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, SUITABILITY, RELIABILITY, APPLICABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS, NONINFRINGEMENT, RESULT, OR ANY OTHER MATTER. Any representation or warranty that might be otherwise implied is expressly disclaimed.
ODI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES, OR DAMAGES CAUSED BY VIRUSES OR WORMS CONTAINED WITHIN ELECTRONIC FILES OF THE WEBSITE OR ANY LINKED WEB OR DATA SERVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE AND BASED ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ODI OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
5. General
Experience histories, discussions on systems and approaches, and other content on this Website may include direct or indirect references to client engagements, strategies, or outcomes. Any results portrayed or implied were dependent on the facts of the particular engagement(s) that underlie any such content, among other variables. Results will differ if based on different facts, and sometimes can differ even on substantially similar facts. We intend no assurance and make no guarantee or prediction of a similar outcome in new engagements, even if they involve similar facts and/or circumstances, or that we are or will be successful in all engagements. Results in any engagement are not necessarily indicative of or similar to results in other engagements.
Use of this Website shall be governed by the internal laws of the State of Texas, without giving effect to principles of conflict of laws. Any dispute arising from use of this Website shall be within the exclusive jurisdiction and venue of the state courts sitting in Collin County, Texas, or the federal courts in the Northern District of Texas. In each case this Legal Notice shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
In no event shall the terms of this Legal Notice overrule or otherwise supersede any conflicting or otherwise inconsistent terms that may exist in any written agreement, executed at any time, that may exist between you (or your firm) and ODI. The failure or delay of ODI to exercise any of its rights under this Legal Notice or upon any breach of this Legal Notice shall not be deemed a waiver of those rights or of the breach.
No ODI agent or employee is authorized to make any amendment to this Legal Notice. If any provision of this Legal Notice shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Legal Notice will remain in full force and effect.
All questions concerning this Website shall be directed to: OneDemand, 2591 Dallas Parkway, Suite 300, Frisco, TX 75034.
This Legal Notice was last modified and became effective on May 25, 2018.