Privacy Policy

Last updated May 2017

This privacy policy (“Privacy Policy”) set forth by AsherFergusson.com, explains your privacy rights and how AsherFergusson.com collects, stores, and uses the information collected in connection with its services and website (collectively, the “Services”).

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. AsherFergusson.com reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

INFORMATION THE SERVICES OBTAIN AND USE
Non-personal Data. Non-personal Data means any information that does not directly identify you, including “automatically collected data,” “aggregated” or “anonymized” information that AsherFergusson.com collects to inform it how others use the Services. Such Non-personal Data includes, but is not limited to, (i) device properties, including, but not limited to, type, IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier (“Device ID”); (ii) device software platform, operating system, type of Internet browser, and firmware; (iii) mobile phone carrier; (iv) web browsing patterns, including websites visited; (v) geographical data such as zip code, area code, and other non-precise location information; (vi) the way in which you use the Services, including frequency and duration of usage; and (vii) other Non-personal Data as reasonably required by AsherFergusson.com to enhance the Services. In order to collect such Non-personal Data, AsherFergusson.com may use tools, such as cookies, described below, or third party analytical software to automatically collect and use such Non-personal Data, including products by such as Google Analytics, and Crazy Egg.

Cookies and Similar Technologies. Cookies are small files created by your web browser to assign a unique id to your computer. AsherFergusson.com uses cookies, as well as other monitoring technology such as tags, web beacons, local shared objects, files, tools and programs to gather Non-personal Data for use in our records, to store your preferences, and improve our advertising. You can disable cookies in your web browser at any time, but some functionality of our Site may be impaired if you disable cookies.

Personally Identifiable Information (“PII”). PII means personally identifiable information that specifically identifies you as an individual. AsherFergusson.com obtains some of your PII such as your name and email address. You may also be asked to provide a user name and password to access the Services. Other ways in which AsherFergusson.com may obtain your PII include, accessing Services with a third party ID, such as social networking sites, subscribing to AsherFergusson.com updates, or to respond to any offers, requesting technical support, and when PII is otherwise required for use of the Services. Your decision to give AsherFergusson.com your PII is optional, but some or all the Services may not be available until you register.

AsherFergusson.com may use your PII to contact you from time to time to provide you with important information, commercial content, special offers, updated information, required notices, and marketing promotions. AsherFergusson.com may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising-related use.

AsherFergusson.com may use PII and Non-personal Data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing AsherFergusson.com’ communications and to further develop the Services. AsherFergusson.com may combine Non-personal Data with personal data.

By using the Services, you are consenting to AsherFergusson.com’ Processing (as defined below) of your PII and any Non-personal Data as described in this Privacy Policy. Processing means use of PII and any Non-personal Data provided by you or gathered using cookies on a computer/mobile device in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. By using the Services and providing information to us, you consent to such transfer to, and processing in, the U.S.

DISCLOSURE OF NON-PERSONAL DATA AND PERSONALLY IDENTIFIABLE INFROMATION
AsherFergusson.com may share Non-personal Data and your PII with third parties in the following ways:

As required by law, such as to comply with a subpoena, or similar legal process;
When AsherFergusson.com believes in good faith that disclosure is necessary to protect its rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

With trusted service providers who work on behalf of AsherFergusson.com, and do not have an independent use of the information being disclosed, and have agreed to adhere to the rules set forth in this Privacy Policy; and

If AsherFergusson.com is involved in a merger, acquisition, or sale of all or a portion of its assets, in which case you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of PII, as well as any choices you may have regarding this information.

To advertisers and third party advertising networks and analytics companies as described above.

AsherFergusson.com may work with third parties to serve advertising. These third parties may use Non-personal Data to determine how users interact with advertising provided in the Services. They gather this information using cookies and other technology. If you would like more information about this practice and to know your choices about not having this information used by third party advertisers, please visit http://www.networkadvertising.org. This Privacy Policy does not cover collection methods or the use of such information collected by third parties. Affiliate advertising enables AsherFergusson.com to provide the Services for free.

AsherFergusson.com may also use and disclose to third parties any Non-personal Data that AsherFergusson.com collects to manage and provide the Services, as well as to further develop the Services. You hereby acknowledged and agree that any third party analytic companies or advertising companies utilized by AsherFergusson.com may combine the information collected with other information they have independently collected from other services or products relating to your activities. The combination of AsherFergusson.com’s Non-personal Data with their data may turn otherwise non-personal data into personally identifiable data. These companies collect and use information under their own privacy policies.

AsherFergusson.com shares PII only with the owner’s informed consent. With your consent, from time-to-time, AsherFergusson.com may provide its business partners with contact details for direct marketing purposes of relevant services, products, and programs. If you no longer wish your information to be shared, please let us know.

Deletion (Opt-Out). In order to delete the PII you submitted, notify us at privacy@AsherFergusson.com.com that you wish to delete your PII or any part thereof contained at our databases. AsherFergusson.com will respond to your request within a reasonable time, and use commercially reasonable efforts to delete your PII; however, it may be impractical to remove all of your PII without some residual information being retained by AsherFergusson.com. Please note that some or all the PII may be required in order for you to properly use the Services. AsherFergusson.com may also be required to retain some or all of your PII by law.

Modification. You can modify or update your PII in your account settings. If you need help, please contact us at privacy@AsherFergusson.com.com. Please note that deletion of your PII from our database will not prevent AsherFergusson.com from using gathered anonymous information.

CALIFORNIA’S “DO NOT TRACK” LAW
Do Not Track (DNT) is a privacy preference that users can set in their web browsers. AsherFergusson.com’s Services do not currently respond to Do Not Track (DNT) signals.

CHILDREN’S PRIVACY
AsherFergusson.com does not knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. AsherFergusson.com will delete such information from our files within a reasonable time.

SECURITY
AsherFergusson.com is concerned about safeguarding the confidentiality of your PII. We provide commercially reasonable physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Services. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches, and there is the possibility that despite AsherFergusson.com’s reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you hereby acknowledge and assume this risk.

DISPUTES AND LEGAL PROCEEDINGS
AsherFergusson.com regularly reviews its compliance with this Privacy Policy. If AsherFergusson.com receives a formal written complaint from you, AsherFergusson.com will attempt to contact you directly to address any of your concerns. AsherFergusson.com will cooperate with the appropriate governmental authorities to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and AsherFergusson.com. The Services are governed by the laws of the State of Iowa, without regard to its conflict of laws provisions. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at AsherFergusson.com’ discretion (i) in the Iowa District Court for Jefferson County, or the United States District Court for the Southern District of Iowa; or (ii) in binding arbitration in the city of Fairfield, Iowa by a panel of three arbitrators chosen, and an arbitration proceeding conducted in accordance with the rules then applying of the American Arbitration Association. The prevailing party in any such action or arbitration shall be entitled to an award of its reasonable attorney’s fees and other costs incurred with respect to such arbitration. The parties further agree that judgment on the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST AsherFergusson.com ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

CONTACT US
If you have any questions regarding privacy while using the Services, or have questions about our practices, please contact us on the page listed above. You can also reach us by postal mail at:

AsherFergusson.com
P.O Box 482
Fairfield, IA 52556

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. The law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by AsherFergusson.com pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or address stated above. Please allow 30 days for a response.

Top