Welcome to amherst.com, our mobile applications (the “Sites”) and the online services of The Amherst Group LLC. (collectively, “we,” “our,” or “us”) provided through the Sites. This Online Privacy Statement (the “Privacy Statement”) explains how we collect, use, disclose, and protect the Personal Information that we collect through our Services, and your choices about the collection and use of such information.
Throughout this Privacy Statement, we collectively refer to the Sites and any services offered through them as the “Services.” When you use our Services, you agree that we may use and disclose your Personal Information as described in this Privacy Statement and you agree to comply with our Terms and Conditions available here. If you do not consent to our Terms and Condition or this Privacy Statement, you should not use the Services or otherwise provide us with any Personal Information.
Please note that this Privacy Statement does not describe the practices of any other party that may have access to your Personal Information. To the extent that we provide your Personal Information to our agents or service providers, we will take what we believe to be commercially reasonable steps to ensure that they safeguard such information and use it only for the intended purposes. However, we are not responsible for the practices employed by any third party website that we may link to, nor for the information or content contained therein. We encourage you to review the privacy statements of such other websites to understand their information practices and terms of service.
- Information we collect
- How we use your information
- Sharing your personal information
- How we store and protect your information
- Your choices about your information and access to your information
- “Do not track”
- Children’s information
- Links to other web sites, applications and services
- Notices to California residents
- Notices to Nevada residents
- How to contact us
- Changes to our Privacy Statement
1. INFORMATION WE COLLECT
Capitalized terms that are not defined in this Privacy Statement have the meaning given to them in our Terms and Conditions. For purposes of this Privacy Statement, “Personal Information” means information that would allow someone to identify or contact you or your computing device.
We collect the following types of information about you from you or from third parties:
Registration Information. We may ask for certain types of Personal Information, such as your first and last name, phone number, current address, job title and company information, and e-mail address when you register on the Site to create an account.
Contact information: We may ask for certain contact information such as your name, phone number, address, company information and email address when you use the Site or otherwise correspond with us.
Financial Information: We also may ask whether you are interested in selling your current home, for a copy of your mortgage preapproval or other financial information, and for information about your relationship with your real estate agent. If you choose to make a payment through our Site we will ask for your name, address, payment card or bank account information, and billing information.
Job Application Information: We may collect information from you if you apply for a job or other employment relationship with us, including without limitation, identifiers (name, contact details, location, references), professional and employment related information (academic and professional qualifications and experiences), protected classification information (information protected by state, local and federal law which we use only to ensure we comply with our anti-discrimination obligations), your interests, and the position you are seeking. We may also receive resumes from recruitment consultants, our employees or other third parties.
News alerts or other publications: You can use the Site to subscribe to our news, alerts or other publications. We will ask you to provide Personal Information such as your name, contact details and topics of interest. We will use this information to provide you with the content you have requested and to tailor this content to your preferences and areas of interest.
Aggregate or Demographic Information: We may collect and analyze aggregate data assembled from Personal Information collected via the Services. Aggregate data is collected in order to better understand the demographics and usage patterns of all users of the Services, so that we can provide the highest level of service to our customers. Such aggregate data generally is not personally identifiable or linked to a specific user.
We or third parties collect the following types of information automatically when you visit the Site:
Technical Information: Our servers may automatically collect certain technical information about your use of the Services, including, without limitation, your browser type, your operating system, Internet Protocol address, and bandwidth speed. We also may track your activity on our Site, including pages visited, buttons or links clicked, emails opened, etc. Some technical information may qualify as Personal Information, while other technical information may not be personally identifiable. We generally use technical information for system administration, security and statistical analysis.
Mobile Device Data: Certain mobile devices contain unique identifiers that can be used, for example, to identify the physical location of such devices. When you access the Services, or use the features provided in the Services, through a mobile device, we may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information for various purposes, including to provide the Services you request and to improve your experience with the Services. we may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
We may allow selected third parties to place cookies through the Site to provide us with better insights into the use of the Site or user demographics or to provide relevant advertising to you. From time-to-time, we may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit our Services. These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website. We may also permit third party service providers to place cookies through our Site to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.
You also may see advertisements when you use our Site. These advertisements are for our own products or services or for products and services offered by third parties. Which advertisements you see is often determined using the information that we, our service providers, and other companies that we work with have about you, including information about your relationships with us. To that end, where permitted by applicable law, we may share with others the information that we collect from and about you.
2. HOW WE USE YOUR INFORMATION
We use the information we collect for our general commercial purposes such as to improve our Site, manage our staffing and human resources administration, grow our business and to respond to your inquiries or to provide information on products or services to you, including without limitation, to:
- Operate, maintain, and provide to you the services and information you have requested from us and notices relating thereto including providing customer and technical support.
- Create your account and verify that you qualify as a registered user of the Site if registration is required to access certain portions of the Site.
- Provide information to you about our products or services and third-party products and services that we think may be of interest to you.
- Communicate directly with you, such as to send you legally required disclosures, email messages, telephone calls, and/or text messages including Services-related emails or messages (e.g., account verification requests, order confirmations, offers and/or counteroffers, notifications of changes or updates to features of the Services, and technical and security notices).
- Provide you with marketing communication and information.
- Analyze, improve, and customize the Site including measuring the effectiveness of advertising and internal research on users’ interests and behaviors to better serve our users.
- Administer the website, web platform and our services and for internal operations, including troubleshooting, data analysis, testing, research, security, statistical and survey purposes.
- Respond to your inquiries about posted job positions and evaluate employment applications.
- Respond to questions or requests or to contact you for lawful purposes, including for surveys;
- Comply with legal or regulatory obligations and reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or fraud. To create de-identified, anonymized, aggregated or similar non-personally identifiable data, which we may use and share for any lawful business purpose;
- Engage in routine business uses that an ordinary and reasonable person should expect in the context of the Services that we provide, the reasons for which we collect Personal Information, and/or the ways that similar businesses ordinarily operate, including, for example, uses and disclosures:
- To conduct internal and external audit requirements, for information-security purposes, and as we otherwise believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce our terms and conditions or other agreements; and (d) to protect our rights, privacy, safety, or property, or those of other persons.
We may disclose your Personal Information to third parties in order to provide the Services and for other reasons. Such third parties may include affiliated or unaffiliated companies and other entities.
Subject to applicable law, the reasons that we may disclose your personal information include:
- to service providers, information technology providers, consultants, mailing and other business process providers, vendors, and other third parties which help us to operate and improve our business, including by providing analytic services;
- to other companies owned by us or under common ownership, including to our subsidiaries, or to our ultimate holding company and any of its subsidiaries. These companies may use your Personal Information in the same way as we can under this Privacy Statement;
- for security, anti-fraud, authentication and verification purposes;
- to vendors and their service providers who reasonably need the personal information to do their jobs, which may include helping us to analyze how the Services are used, diagnose service or technical problems, customize content or deliver personal communications, and/or protect the security or integrity of the Services;
- to our co-branded business partners with whom we may jointly provide Services to you;
- to respond to or participate in commercial disputes (e.g., lawsuits or investigations);
- to persons appearing to have a lawful interest in the Personal Information (e.g., to an insurance company processing an insurance claim involving you); or
- to comply with applicable law;
- In connection with a merger or other business combination or separation (including, but not limited to, a voluntary or involuntary change in our business or structure, or a reorganization, financing, change of control, sale of all or part of our stock or assets, spinoff, bankruptcy, dissolution, or any related to similar proceedings);
- To respond to legal process or to regulatory authorities (such as pursuant to a subpoena; warrant; investigative demand from law enforcement, regulators or others; national or international security letters; etc.)
- To investigate, prevent, or take action regarding suspected or actual illegal activities (including fraud or stalking), security or technical issues;
- To protect against fraud, claims, or other liability or harm to you, us, or others;
- To exercise or perform a legal, ethical, contractual or other right or obligation, such as to enforce our Terms and Conditions or other agreements, or to investigate potential violations thereof; and
- For such lawful purposes as may be disclosed or evident at the time that you provide Personal Information to us (e.g., when you provide Personal Information in response to a survey, to sign up for an event, or to register for a newsletter).
We do not share mobile information outside of The Amherst Group of companies, our affiliates and their authorized service providers.
For further information on your choices regarding your information, see the section below called, “Your Choices Regarding Your Information.”
4. HOW WE STORE AND PROTECT YOUR INFORMATION
Storage and Processing: Personal Information collected through the Services may be stored and processed in the United States or any other country in which we or our subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union, Canada, or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which we or our parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Statement.
Security: We care about the security of your information and use what we believe to be reasonable technical, administrative and physical measures to protect information contained in our system against misuse, loss or alteration. We may use standard security technology to protect information being transferred to our Site.
Please be advised, however, that no security measure, system, or control is infallible. We accordingly do not guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed and disclaim any express or implied warranties, duties or conditions in that regard. If any applicable law imposes on us a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that our commercially reasonable precautions shall be considered to satisfy that duty unless (and only unless) we have engaged in willful misconduct.
Compromise of information: In the event that the security of any Personal Information under our control is compromised, we will take reasonable steps to investigate and mitigate the situation, including, when and where appropriate, by notifying those individuals whose Personal Information may have been compromised and taking other steps in accordance with applicable laws and regulations.
5. YOUR CHOICES ABOUT YOUR INFORMATION AND ACCESS TO YOUR INFORMATION
Commercial and marketing communications: We may provide notifications to you that are required by law or that are for marketing or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, text message, push notifications, hard copy, or through conspicuous posting on our Site or otherwise through the Services. We reserve the right to determine the form and means of providing notifications to you.
Promotional Emails: We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such promotional email communications, you will be given the option to opt out. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make reasonable efforts to promptly process all unsubscribe requests.
Service-Related Emails: We also may use your Personal Information to send you Services-related informational email communication. You may not opt out of such Services-related communications.
Mobile Device Communications: We may send you push notifications through our mobile applications. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device.
Cookies: You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. If you block cookies performance of the Site may be impaired and certain features may not function at all.
If you have a registered account on our Site you may access your information and correct, update or delete information by logging into your account. If you have any questions about reviewing or modifying your personal information, you can contact us directly at Compliance@amherst.com.
5. “DO NOT TRACK”
Our Services do not respond to Do-Not-Track signals from your browser at this time.
6. CHILDREN’S PRIVACY
Our Terms and Conditions require that you must be at least 18 years of age to be eligible to use our Site. We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Services are not directed at children under the age of 13. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from or about a child under 13, please contact us at Compliance@amherst.com.
7. LINKS TO OTHER WEB SITES, APPLICATIONS AND SERVICES
We are not responsible for the practices employed by websites, applications or services linked to or from the Services, including the information or content contained therein. Please remember that when you use a link to go from the Services to another website or application, our Privacy Statement does not apply to third-party websites, applications or services. Your browsing and interaction on any third-party website, application or service, including those that have a link or advertisement in our Services, are subject to that third party’s own rules and policies.
8. NOTICES TO CALIFORNIA RESIDENTS
Your California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to ShinetheLight@amherst.com.
California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (“CCPA”) provides several rights to certain verified California residents with regards to the collection, disclosure, sale, and deletion of their Personal Data. Our Privacy Notice for California Residents describes in more detail our compliance with CCPA and how residents of California may exercise their CCPA Rights. If you have questions about exercising your CCPA Rights, please contact us as set forth below.
9. NOTICE TO NEVADA RESIDENTS
We adopt this notice to comply specifically with the Nevada Privacy Law and any terms defined in the Nevada Privacy Law have the same meaning when used in this notice (“Nevada Notice”). The Nevada Privacy Law provides residents of the state of Nevada with specific rights regarding their personal information. As such, this Nevada Notice applies solely to those individuals (for purposes of this section, “you” or “your”) who are Nevada residents. This section describes a Nevada resident’s rights and explains how to exercise those rights.
You have the right to direct us to not sell your personal information we have collected or will collect at any time (the “right to opt-out”). The categories of covered information under the Nevada Privacy Law that we collect are as follows:
- Your first and last name.
- Your home or other physical address which includes the name of a street and the name of a city or town.
- Your electronic mail address.
- Your telephone number.
- Your social security number.
- An identifier that allows you to be contacted either physically or online.
- Any other information concerning you collected from your through the Website or an online service in combination with an identifier in a form that makes the information personally identifiable.
To exercise the right to opt-out, you (or your authorized representative) may email us at NevadaPrivacy@amherst.com. We endeavor to respond to an opt-out request by Nevada residents within sixty (60) days of its receipt. If we reasonably believe we require more time (up to 30 days), we will inform you of the extension period in writing.
10. HOW TO CONTACT US
If you have any questions about this Privacy Statement or the Services, please contact us using the Contact Us page or at Compliance@amherst.com. You may write to us at 5001 Plaza on the Lake, Ste 200, Austin, TX 78746.
11. CHANGES TO OUR PRIVACY STATEMENT
We may modify or update this Privacy Statement from time to time to reflect the changes in our business and practices. When we change this Privacy Statement in a material manner, we will update the ‘last modified’ date at the bottom of this page. We encourage you to review this Privacy Statement whenever you use our Services in order to stay informed about our information practices.
To the extent not prohibited by law, any amendment or update to this Privacy Statement will apply to Personal Information that we already have collected and to any Personal Information that we subsequently may obtain. When required by applicable law, however, we may provide you with advance notice of any changes to this Privacy Statement and with an opportunity to object to such changes. If you exercise your right to object, the changes will not become effective with respect to your Personal Information, but your ability to use our Services may be terminated or impaired. We will explicitly notify you of the consequences of objection or non-objection to the extent and in the manner required by law.
This Privacy Statement was last modified on November 11, 2021.