Privacy Policy & Terms of Service

Effective May 25, 2018.

Note: We’ve updated our Privacy Policy to comply with the EU General Data Protection Regulation (GDPR).

PRIVACY POLICY

Welcome! Thanks for visiting Haitians in Tech™. We’re updating our Privacy Policy as of May 25, 2018. We’ve updated our Policy to reflect changes in data privacy laws and added details about how to manage the information you share with us.

WHO WE ARE

Haitians in Tech™ is a community and website that connects women and nonbinary people with the best jobs and opportunities in tech. Right now we do this with an online job board, online communities, email newsletter, website content, and network of events around the globe.

If you’d like to get in touch with us about our services or about anything written in our Privacy Policy, you can reach us at team@haitiansintech.com.

WHY WE COLLECT AND USE YOUR INFORMATION

We use your information for a couple of purposes:

  • To enable us to provide you with our Services, and to improve and promote our Services;
  • To create and administer your account, contact you, and customize your experience on Haitians in Tech™ (for example, to show you emails that we think may interest you based on your previous email); and
  • To track and analyze use of the Services so that we can improve how Haitians in Tech™ is performing and provide users with the best experience possible.
  • To verify compliance with applicable legal requirements and our policies.

We process personal data because this is necessary for the performance of the contract between you and us, for our compliance with our legal obligations and for the purpose of our legitimate interests. In particular, our legitimate interests are our commercial company interest (e.g. to improve our products and services), our interest to make use of direct marketing, our interest to prevent fraud and our interest to report possible criminal acts or threats to competent authorities. Some of the personal data that we process is required for us to meet our legal obligations, for example we cannot create an account for you if you choose not to share your personal data with us.

WHAT TYPES OF INFORMATION DO WE COLLECT AND RECEIVE AND HOW?

We collect information in the following ways:

  • Information you provide by completing forms on Haitians in Tech™, such as our newsletter sign-up forms, surveys, or other forms.
  • Details of any requests, activity, or transactions you make through the Services. Haitians in Tech™ partners with other companies (such as MailChimp Eventbrite, and Stripe) for email marketing and payment processing. The payment information you submit is collected and used by Eventbrite, Mailchimp, and Stripe in accordance with their privacy policies. Haitians in Tech™ doesn’t store your payment information unless you explicitly release it to us as part of any products we sell directly on our platform;
  • Information about your activity on and interaction with Haitians in Tech™, including use of our website (such as your IP address, the type of device or browser you use, and your actions on the Site) and email newsletter (such as what links you click and if and when you open the email) — we use Google Analytics and MailChimp for gathering this data;
  • Information about the ways people visit and interact with our Site, in the form of traffic analytics. You can opt-out of being included in Google Analytics by emailing us at team@haitiansintech.com. For more information about our use of data analytics to protect and improve our Services, see our Cookie Policy below;
  • Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem); Information that you submit on or to Haitians in Tech™ in the form of comments, contributions to discussions, or messages to other users;

We may collect other types of personal data if required under applicable law or if necessary for the purposes listed above. We will then inform you and ensure that there is a valid legal basis for doing so.

You may decline to provide us with your information and ask that your information be removed. However, this will limit your ability to register for an account or use our Services. For example, if you decline, you may not receive our email newsletter. You may review, change or remove your information through your account settings.

COOKIE POLICY

We collect certain personal data by using cookies, including similar technologies such as local storage when you visit the website.

Cookies are bits of text that are placed on your computer’s hard drive or mobile device when you visit certain websites. Cookies hold information that may be accessible by the party that places the cookie, which is either the website itself (first-party cookie) or a third party (third-party cookies). You do have control over cookies, and can refuse the use of cookies by selecting the appropriate setting on your browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable or delete existing cookies. Please note, however, that by not accepting or deleting the use of cookies, you may not be able to use the website and our Services.

On the website, we use cookies for the following purposes:

  • To gather website statistical data to analyze how our users use the website, such as which pages are visited, how long pages were visited and the paths taken by visitors to our website as they move from page to page. These cookies are placed by the domain https://haitiansintech.com
  • To provide authentication for any upcoming products where log-in is required so that we can keep you logged in between sessions. The information collected using local storage is stored on your browser and persists after your browser is closed.

HOW DO WE PROTECT YOUR DATA AND WHO ELSE RECEIVES YOUR INFORMATION?

First and foremost, we make sure to encrypt and pseudonimze any personally identifiable information so that it’s not seen by the public.

We may share your social media handle(s) in our communications if you have meaningfully interacted with us or our Services. For example, if you win a giveaway on Instagram, we may write, “Congratulations to @yourusername on winning our giveaway!” We do not ask for explicit consent to display this type of information as you are interacting in a public forum with us and other users of the service, using a public profile name.

The following data will not be publicly displayed or revealed to other users, unless you grant us explicit consent:

  • Any payment information you provide;
  • Your email address;
  • Your mailing address;
  • Your IP address;
  • Any other private profile information, in accordance with your account settings and profile; and
  • Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem).

In some instances, we may also share your information to the following parties and for the following reasons:

  • Competent public authorities or other third parties, if required by law or reasonably necessary to protect the rights, property and safety of ourselves or others.
  • Service providers under contract who help with our business operations. We employ these companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you.
  • We do not sell personal information to third parties. The data that is usually shared with affiliates and promotional partners is in aggregate and not at an individual level (for example, we may share that “most of our email newsletter subscribers work in the field of engineering”).
  • We may also transfer your personal data in the event that we sell or transfer all or a portion of our business or assets on a need to know basis. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal data you have provided to us in a manner that is consistent with applicable law and this Privacy Statement.

We do not sell, rent or trade your personal information.

You have a right to a copy of the information we have about you. Contact us at team@haitiansintech.com for more information.

DATA RETENTION

We retain your data for the shortest amount necessary to provide you with our Services. Typically, we will retain most of the personal data for the duration of your use of the website and Services. Note that even after the deletion of your account, we still retain information about your past activity with the email newsletter, but your personal information will be non-identifiable.

HOW WE WORK WITH THIRD-PARTIES

As noted above, we may share your information with certain trusted third-party services and brand partners (example: MailChimp who helps us deliver the newsletters, or when we partner with payment processors, or use Google Analytics to help us understand how our site is being used and how to attract more customers). When we share data with third-party services that support our delivery of the our Services, we require that they use your information only for the purposes we’ve authorized, and that they protect your personal information at least to the same standards we do. We do not release or sell private and personally identifiable information. For example, we may release statistics on the geographical makeup of our audience, but we do not release the names and other information of who lives where — you will remain anonymous.

DATA TRANSFER

Because Haitians in Tech™ is a US-based company, your information will be collected and processed in the United States. The United States has its own laws governing data protection and government access to information. The rules that protect your personal information under United States law may be different than in your home country. If you choose to use the Services, you need to agree to our Terms of Use, which set out the contract between Haitians in Tech™ and its users.

DATA TRANSFERS OUTSIDE THE EEA

We may transfer the personal data we obtain to third parties in countries outside the European Economic Area (EEA). The laws in those countries may not offer an adequate level of data protection. In particular, personal data may be transferred to the United States.

When we transfer your personal data outside the EEA, we will protect your personal data as described in this Privacy Statement and in accordance with applicable law, such as by entering into the European Commission’s Standard Contractual Clauses for the transfer of personal data to a processor located outside of the European Union.

YOUR RIGHTS

Users residing in certain countries, including the EU, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of your personal information.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

You can request a downloadable copy of your personal data from Haitians in Tech™ by contacting us using the information provided below.

Moreover, subject to this Privacy Policy, you have the right to lodge a complaint with the competent supervisory authority.

ADDITIONAL RIGHTS FOR EEA USERS

If You live in the European Economic Area, or a similar international area, You may have additional privacy rights available to You under applicable laws. We will process Your requests in accordance with applicable data protection laws. If You would like to exercise any of the below rights, please contact team@haitiansintech.com so that we may consider Your request in accordance with applicable law:

  • Right not to provide or withdraw consent: You have the right not to provide or withdraw Your consent at any time.
  • Right of access: You may have the right to access the Personal Data that You provided Us.
  • Right of erasure: You may have the right to the erasure of Personal Data that We hold about You.
  • Right to object to processing: You may have the right to request that Haitians in Tech™ stop processing Your Personal Data and/or to stop sending You marketing communications.
  • Right to rectification: You may have the right to require Us to correct any of Your Personal Data.
OUR POLICY ON CHILDREN

People under 18 (or the legal age in your jurisdiction) are not permitted to use our services on their own. We do not knowingly collect any personal information from children under the age of 13 and children under 13 are not permitted to register for an account or use our Services. If you believe that a child has provided us with personal information, please contact us at team@haitiansintech.com. If we become aware that a child under age 13 has provided us with personally identifiable information, we’ll delete it.

CONTACT US

If you have questions about this policy, or about the site, please contact us at: team@haitiansintech.com. We’ll make every effort to resolve your concerns.

TERMS OF SERVICE

The following terms and conditions (the “Terms of Service” or “Agreement”) are a legally binding agreement between each user (“User”, “you” or “your”) and Haitians in Tech™, Inc. and its affiliates (“Haitians in Tech™”, “us”, “our” or ‘we”) regarding your use of Haitians in Tech™ Site and/or Services (all as defined below). Haitians in Tech™, Inc. is the owner and operator of the www.haitiansintech.com website (collectively, the “Site”), Haitians in Tech™ newsletter, email notifications or any related applications provided by us (collectively, the “Services”), and all content and features contained in the foregoing. By accessing or using the Service, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you are over the age of eighteen (18). If you do not agree to any of these terms and conditions, please do not use the Service.

UPDATES TO TERMS

We reserve the right to change any terms of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on our Service will constitute notice to you of such revised Terms of Use and that your access or use of the Service after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Consequently, please review these Terms of Use before each and any access or use of our Service. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Use.

ELIGIBILITY; REGISTRATION

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are at least eighteen (18) years of age. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

YOUR USE OF THE SITE AND THE SERVICES

The Haitians in Tech™ community functions best when its Users follow rules and guidelines. By accessing and/or using the Site or any Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that: Your use of the Site and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site or the Services in a manner (as determined by Haitians in Tech™ in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable;. you will not use this Site or the Services for hate speech, hate crimes or violence; You will not use this Site or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services; you will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by Haitians in Tech™; you will not access Haitians in Tech™ Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as Haitians in Tech™ may designate; you will not use this Site or the Services, including any of Haitians in Tech™’ related technologies, for any commercial use without Haitians in Tech™’ express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

Haitians in Tech™ reserves the right to modify, change, or discontinue any aspect of this Site or the Services at any time.

USER GENERATED CONTENT You understand that all information, including your name and email address; data, including your IP address and other personally and non-personally identifiable information we collect about you through the Service, including information we collect from your social media profiles if you access the Service through our social media channels; or other content of any kind, uploaded, posted, made available, shared or transmitted by you or another user to or through the Service (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated. We do not control such User Content and do not make any guarantee whatsoever related to such User Content. By using the Service, you may be exposed to User Content, as well as material uploaded, posted, made available, shared or transmitted to or through the Service by us, that is offensive, indecent or objectionable. Under no circumstances will we be liable or responsible in any way for any claim related to such User Content or material.

While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete , move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.

By submitting or posting your User Content to or on the Service, you grant us, and our affiliates, agents, third party partners, and assignees a non-exclusive, irrevocable, sublicensable and royalty-free license in perpetuity throughout the universe to host, display, transmit, distribute, reproduce,modify, edit, translate, create derivative works from, store, archive, cache, sell,sublicense and otherwise your User Content in any and all manner and media, whether now known or hereafter devised, and you release all moral rights and similar rights in and to your User Content.You further perpetually and irrevocably grant Haitians in Tech™ the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else.

You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant t these licenses. Upon Haitians in Tech™’s request, you will furnish Haitians in Tech™ any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. Haitians in Tech™ reserves the right to remove any User Content from the Service or our social media channels at any time in our sole discretion.

FTC DISCLOSURE

You acknowledge that: (i) we may receive from marketers free products that we review or discuss in our content and (ii) we may receive compensation in connection with advertisement or stories regarding run advertisements or stories on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.

LINKS TO THE SERVICE

We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.

THIRD PARTY LINKS

We may provide, or third parties may provide, on or through the Service,links to other websites or resources. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such external sites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external sites or resources. These links sites are for your convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links. YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH SUCH LINK INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

SERVICE MODIFICATION OR TERMINATION We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. We may at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Service. We will not be liable or responsible to you or any third party for such termination.

INDEMNIFICATION To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Haitians in Tech™, its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service via your Haitians in Tech™ account, email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Service.

RELEASE If you have a dispute with one or more users of the Service, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.

GOVERNING LAW These Terms of Use and the relationship between you and Haitians in Tech™ will be governed by the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to its conflict of law provisions and the United Nations Conventions on Contracts (if applicable). Any dispute relating in any way to your use of the Service will be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

MISCELLANEOUSThese Terms of Use constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services. These Terms of Use are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

INTELLECTUAL PROPERTY The content on this Site and the Services as well as any content in the Beta Features, including without limitation the text (such as the articles found on our blog or in our newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Haitians in Tech™ content”), are owned by or licensed to Haitians in Tech™ in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Haitians in Tech™ Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Haitians in Tech™. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Haitians in Tech™ reserves all rights not expressly granted in and to Haitians in Tech™ Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights. If you violate any part of this Agreement, your permission to access and/or use Haitians in Tech™ Content and the Site or the Services automatically terminates and you must immediately destroy any copies you have made of Haitians in Tech™ Content. The trademarks, service marks, and logos of Haitians in Tech™ used and displayed on the Site the Services are registered and unregistered trademarks or service marks of Haitians in Tech™. Other company, product, and service names located on the Site and the Services may be trademarks or service marks owned by others. Nothing on the Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Haitians in Tech™ Trademarks inures to our benefit. The Site and the Services have been specially designed to present Haitians in Tech™ Content in a unique format and appearance. We are concerned about the integrity of Haitians in Tech™ Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Elements of the Site and Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of Haitians in Tech™ Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.

COPYRIGHT INFRINGEMENT Haitians in Tech™ has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is Haitians in Tech™’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders. Written Notification. If you believe that your content has been copied in a way that constitutes copyright infringement, please notify us at team@haitiansintech.com. Haitians in Tech™ will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include Haitians in Tech™ removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to Haitians in Tech™ regarding matters other than informing Haitians in Tech™ that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process.

INDEMNITY You agree to indemnify and hold harmless Haitians in Tech™, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your breach of these Terms or your misuse of the Site, the Services, or Haitians in Tech™ Content. Haitians in Tech™ reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

INDEMNIFICATION To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Haitians in Tech™, its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service via your Haitians in Tech™ account, email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Service.

RELEASE If you have a dispute with one or more users of the Service, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.

GOVERNING LAW These Terms of Use and the relationship between you and Haitians in Tech™ will be governed by the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to its conflict of law provisions and the United Nations Conventions on Contracts (if applicable). Any dispute relating in any way to your use of the Service will be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

LIMITATION OF LIABILITYIN CERTAIN STATES CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. BINDING ARBITRATIONExcept for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of New York, in the State of New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in New York County, in the State of New York. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in New York, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by JAMS in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in New York State shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.

CLASS ACTION WAIVER You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by Haitians in Tech™ at ITS sole discretion.

PRIVACY POLICY INTRODUCTION Haitians in Tech™ respects each individual’s right to personal privacy and we will only collect and use information through Haitians in Tech™ (the “Site” or “haitiansintech.com”) or our newsletters (“Haitians in Tech™”) for the purposes set forth in this policy. Note: This statement applies solely to information collected at or through the Web Site. However, we will frequently link to other online destinations, so we advise you carefully review their respective privacy policies. Please be aware that Haitians in Tech™ is not responsible for the contents and the privacy practices of such other sites.

INFORMATION COLLECTION AND USAGE In compliance with our mission statement to glamorize your internet and e-mail experience, Haitians in Tech™ collects personal information through the Site at several points. For instance, to subscribe to Haitians in Tech™, we require your e-mail address. Haitians in Tech™ does not collect any personal information that you do not expressly provide and will not sell, rent, or share your personal information to any third party for marketing purposes without your consent. When visiting our Site, we also collect anonymous information such as your IP address or domain name to analyze site traffic, but this information is not personally identifiable. We will use this information to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis. If you receive an email or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via email or to a web site that does not seem to be affiliated with the Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at team@haitiansintech.com

TYPES OF INFORMATION COLLECTED Personal Information Haitians in Tech™™ may ask you for some or all of the following types of information which may be identifiable to you when you register for our Services, access various content or features, or directly contact the site: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating site policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to Haitians in Tech™™. We also collect and store the Personal Information you voluntarily submit to us through registering with us or uploading or posting User Content through the Site or Services. If you are signed into your Twitter, Instagram, Facebook account and you “like” or “comment” on Haitians in Tech™™ Content (such as the articles found on our blog) or other User Content, Twitter, Instagram or Facebook username will be displayed and so available to the public. You agree that your username, likes, feedback, and any associated comments may become public information; we therefore urge you to exercise caution when deciding to disclose any Personal Information on the Site or through the Services.

ENFORCEMENT OF TERMS AND POLICIES We may share your information to enforce or apply our Privacy Policy, Terms of Service or our other policies or agreements.

REVIEW AND ACCESSUpon your request, we will provide you with a summary of the information we collect about you. You will have an opportunity to correct, update, or modify this information.

HOW TO UNSUBSCRIBEYou can unsubscribe from receiving Haitians in Tech™™ emails at any time. You can unsubscribe by clicking on the “Unsubscribe” link in the footer of any Haitians in Tech™™ email and following the instructions.

THIRD PARTY ADVERTISING Some of the window dressing appearing on our site may be delivered to you by our Web advertising partner or partners. Information about your visit to a partner site or sites, such as number of times you have viewed an ad (but not your name, e-mail, or other personal information), is used to serve ads to you.

COOKIES An internet “cookie” is a small file which is placed on the user’s hard drive when you visit our site, and helps us learn which areas of our site are useful and which should be removed or needs some work. We also use cookies and the information we collect to show you relevant content and advertising. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our site may be diminished and some features may not work as they were intended.

THIRD PARTY COOKIES In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.

SECURITY We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nevertheless, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. Haitians in Tech™™ cannot ensure or warrant the security of any information you transmit to Haitians in Tech™™ or guarantee that your end user data stored on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. The Site is hosted on servers in the United States. Accordingly, if you are located outside of the United States, any information you provide to us will be transferred to the United States. By providing us with any information, you consent to its transfer and storage in the United States.

EMAIL COMMUNICATIONS We may use your email to deliver Haitians in Tech™™’s newsletter, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email messages we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, or fill out our “Feedback” form, we will collect your email address and the full content of your email, including attached files, and other information you provide.

MODIFICATIONS California Marketing Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: team@haitiansintech.com.

DO NOT TRACK We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website.

SERVICES NOT DIRECTED AT CHILDREN The Website services are not directed to children under 13. We do not knowingly collect or solicit personally identifiable information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Site services or send any information about yourself to us. If a parent or guardian becomes aware of his or her child has provided us with personal information without their consent, please contact us at: team@haitiansintech.com. Haitians in Tech™™ may make changes to this policy in the future. We will reflect those changes in this statement, so please check back periodically.

CONTACT US

If you have questions about this policy, or about the site, please contact us at: team@haitiansintech.com

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