Privacy Policy

At Newberry Executive Solutions, LLC (“Newberry Solutions”), we believe it is important to protect and respect the privacy of our customers or users of the on-demand training materials provided by Newberry Solutions via a designated website controlled by Newberry Solutions or via a mobile application provided by Newberry Solutions (the “Site” or “Software”). We are committed to ensuring your privacy as a customer as set forth below, and we know you care about how your personal information is collected, used, and shared.

Newberry Solutions is based in Texas and is only required to comply with Texas and applicable US data and privacy laws. Do not use the Services if any provision of this Privacy Policy does not comply with any laws of your jurisdiction.

Generally

What kind of information do we collect?

Depending on the various versions of the Software, we collect different kinds of information from or about you. Newberry Solutions may collect Personal Information which is defined as your name, email address, postal address, job title, employment data, telephone, URL data, and/or facsimile numbers. Newberry Solutions may also automatically gather and store it in log files: IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site. The Site may request optional demographic information. The data we collect may change as we continue to improve and update the Software.

Who is collecting the data?

Newberry Solutions and collaborating third parties, such as Amazon Web Services, Google, or survey provider and service provider will collect data from users, in order to provide service to our customers.

Your Rights Regarding the Date We Collect

With respect to the data we collect from you, you have the following rights:

1) the right to be informed about the data we collect;

2) the right to access and review the data we have collected from you;

3) the right of rectification or correction of any data we have collected from you;

4) the right to have any/all data we collect removed;

5) the right to restrict how we process data we collect from you;

6) the right to data portability;

7) the right to object to our collection of data; and

8) the right to prevent direct marketing, automated decision-making and profiling.

If you wish to take advantage of any of the above rights, please contact us and we will comply at no charge to you.

Data Retention Period

We typically maintain your data for as long as you use our Site and/or our Software. We also reserve the right to retain any/all data from our users and former users indefinitely unless/until the user requests deletion of their data, or in the event we are legally required to remove the data, whichever occurs first.

We will generally only retain your Personal Information for so long as is necessary to fulfill the purposes for which it was collected, as set out under this section above. However, in the following circumstances, we may be required to retain, preserve or disclose your Personal Information for a longer period of time:

  • in order to comply with applicable laws or regulations;

  • in order to comply with a court order, subpoena or other legal process;

  • in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere);

  • where we believe it is reasonably necessary to comply with applicable laws or regulations; or;

  • in order to enforce the Newberry Solutions EULA or this Privacy Policy, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Newberry Solutions.

How we use collected information?

Newberry Solutions may collect and use User’s Personal Information for the following purposes:

Providing and improving our Software.

We are able to deliver our Services, personalize content and make suggestions for you by using this information to understand how you use and interact with our Software and the people or things you're connected to and interested in on and off our Software.

We also use information we have to provide shortcuts and suggestions to you.

We conduct surveys and research, test features in development and analyze the information that we have in order to evaluate and improve the Software, develop the Software or create features as well as conduct audits and troubleshooting activities.

Promoting safety and security.

We use the information we have to verify accounts and activity, and to promote safety and security on and off our Software, such as by investigating suspicious activity or violations of our terms or policies.

Communicating with you.

We use your information to communicate with you about our Software, share our policies and terms, respond to you when you contact us, and send you marketing communications.

This Privacy Policy describes our policies and practices in the areas of: Notice, Disclosure of Collected Information, Security, and Enforcement. We urge you to read this Privacy Policy so that you will understand both our commitment to you and our privacy, and how you can participate in that commitment.

1. Notice

A. General. We will ask you when we need Personal Information. Generally, this information is requested when you register or otherwise use the Software and/or Site. We use your Personal Information for the following primary purposes:

  • To facilitate your use of the Software and/or Site.

  • To make our Software and/or Site easier for you to use by not having you enter information more than once.

  • To help you quickly find information on the Software and/or Site.

  • To alert you to special offers, updated information and other services from our company, affiliates, and business partners.

  • To create reports in the aggregate to analyze Site or Software functionality, research and development, creation of new features, and to assess the subscriber base of the Site or Software, however, these reports will not include Sensitive Data, which means the first and last name of a person combined with at least one of the following pieces of information about that person: (a) driver’s license or credit card or social security number; or (b) bank account combined with any necessary access code; or (c) health care information.

B. Collected Information. Newberry Solutions may collect information from you in several different ways including the following:

i. Registration. When you register or sign up for an account, you are required to give certain personally identifiable information, such as your name, address, e-mail address, and/or phone number.

ii. Requests. When you request information from us, by phone or e-mail, through the Site, or by requesting to join our mailing list, we may collect certain personally identifiable information from you. We may use this information to provide you with information, customer service, or other services related to your request.

iii. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and movements around the Site, and to gather demographic information about our user base as a whole.

iv. Correspondence. If you send us personal correspondence, such as an email or letter, we may store such information into a file specific to you.

v. Links. The Site or Software may contain links to other sites. However, please be aware that Newberry Solutions is not responsible for and cannot control the privacy policies of such other sites. We encourage you to be aware when you leave the Site, and to read the privacy policies of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Newberry Solutions Site or Software.

C. Site Usage. Newberry Solutions may monitor your activities, preferences, and transactional data (such as your IP address) relating to your use of the Site and/or services and log this information. This information may be used to diagnose Site technical problems. We also use Personal Information and non-Sensitive Data in aggregate or statistical form in order to improve our products, services and procedures. This means that information from many persons and/or use of the Software is grouped together in a way that does not disclose the specific identity of any particular person. For example, we may track how many people have expressed interest a certain kind of on-demand training or the effectiveness of certain training modules on the Site or Software. Among other things, this information helps us determine if certain modules in our Software or on our Site are successful and which should be changed or discontinued.

D. Cookies. Cookies are data files that are written onto your computer by a website, and stay there unless they expire or are removed by you. Cookies enable us to recognize your computer when you revisit the Site or Software, and recall your Site or Software preferences to enhance your experience in using the Site or Software. We do not use cookies to collect or use any information about your visits to other websites and do not knowingly allow any third party to create cookies or otherwise collect any information from our Site or Software. Consult your browser Help menu to learn more about how you can configure your browser software to notify you when your computer receives a new cookie. This Privacy Policy covers the use of cookies by this Site only and does not cover the use of cookies by any third parties.

E. Web Beacons. Web beacons are very small, invisible graphics present on web pages or emails that help us track when the page or email has been accessed. Some parts of the Site or Software as well as emails and other files may use web beacons, also known as clear gif technology or action tags. We do not use web beacons or any other means to collect, use or store any Sensitive Data about you.

F. Customer Service. Based upon the personally identifiable information you provide us, we may send you a confirmation e-mail to act as a receipt of your use of the Site or Software. We will also communicate with you in response to your inquiries and to provide the services you request.

2. Disclosure of Collected Information

a. Information from the Site. Newberry Solutions will never disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or physical address, that we collect via the Site or Software. However, we reserve the right to outsource certain activities.

Law Enforcement. Newberry Solutions, however, will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.

Disclaimer. We cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose Personal Information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your Personal Information that they collect from the Site.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under the General Data Protection Regulation (GDPR)

i. If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Newberry Solutions aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Sensitive Data.

a) If you wish to be informed about what Sensitive Data we hold about you and if you want it to be removed from our systems, please contact us.

ii. In certain circumstances, you have the following data protection rights:

a) The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Sensitive Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

iii. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

iv. The right to object. You have the right to object to our processing of your Sensitive Data.

v. The right of restriction. You have the right to request that we restrict the processing of your Sensitive Data.

vi. The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

D. The right to withdraw consent. You also have the right to withdraw your consent at any time where Newberry Solutions relied on your consent to process your Sensitive Data.

E. Please note that we may ask you to verify your identity before responding to such requests.

F. You have the right to complain to a Data Protection Authority about our collection and use of your Sensitive Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

3. Security

Newberry Solutions is committed to ensuring that your ordering information, including your customer information, is protected while you are on the Site. Newberry Solutions uses appropriate and reasonable measures to maintain the security of your Personal Information. This includes procedures followed by our personnel to prevent data loss or theft, physical security of our servers and information stores and electronic security such as firewalls, password-protected databases and secure connections.

Newberry Solutions may use certain third parties for services such as advertising, web hosting, cloud hosting/provider, etc.

You should be aware, however, that no data transmitted over the Internet, sent through the mail or stored on a computer is 100% secure and that we cannot guarantee the security of your Personal Information while in transmission to us. Public computers in particular should never be considered secure.

In addition, there exist malicious programs, typically called computer viruses or trojan horses, which can be used to capture information off your computer's hard drive or while you are entering it into a web form or sending it by email. You should always use the appropriate anti-virus and personal security technology to protect yourself. Lastly, if you have been assigned a login ID and/or password for use on a Newberry Solutions Site or Software, you are not permitted to share your login ID and/or password.

4. Enforcement

If for some reason you believe Newberry Solutions has not adhered to the principles of this Privacy Policy, please notify us, and we will do our best to determine and correct the problem promptly.

A. Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, NEWBERRY SOLUTIONS DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT. NEWBERRY SOLUTIONS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, AND/OR USE OF THE SOFTWARE OR SITE. NEWBERRY SOLUTIONS’S LIABILITY WILL NOT EXCEED THE FEE PAID BY THE USER OR CUSTOMER FOR THE USE OF THE SITE OR SOFTWARE. IN NO EVENT WILL NEWBERRY SOLUTIONS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF NEWBERRY SOLUTIONS HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

B. Indemnification. Each of the parties acknowledges and agrees that by entering into and performing its obligations under this Privacy Policy, Newberry Solutions will not assume and should not be exposed to the business and operational risks associated with you. You agree to defend, indemnify, and hold harmless Newberry Solutions and its officers and employees against any and all third party claims, suits, costs, losses liabilities and expenses of any kind (including reasonable attorneys’ fees) that Newberry Solutions may incur arising out of or resulting from the use of the Site or Software, the end user, or any other person.

C. Choice of Law and Venue. THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DALLAS COUNTY, TEXAS, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT.

D. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.

E. Additional Provisions Regarding Liability. The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct or damages for strict liability that may not be limited by law.

F. Notices. Any notices or other communication required or permitted to be made or given by either Party pursuant to this Privacy Policy will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier, to the address specified herein or such other address as Newberry Solutions may specify in writing.

All notices shall be sent to:

Newberry Executive Solutions, LLC
14902 Preston Rd, Suite 404-118
Dallas, TX 75254

5. Additional Information

A. Notification of Privacy Policy Changes. We reserve the right to change this Privacy Policy at any time, and you may visit this page to learn of our revised Privacy Policy. All such changes shall be binding on you 14 calendar days after they are initially posted on the Site or via the Software unless you are a new user, in which case they are binding on you immediately.

B. Business Transition. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred.

C. Contact Us. If you have any questions or suggestions regarding our Privacy Policy, please contact us through the “Contact Us” section of the Site.

D. Representations and Warranties. By using this Site, you represent that you are seeking this Site for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site or Software, any material available through the Site or Software, or Newberry Solutions. You also represent that you are not engaging in activities in an attempt to reverse engineer the Site, portions of the Site, or any materials available through the Site. You also represent that any information you provide is true and accurate.