This Privacy Policy applies only to this website operated by Arthur Chang and/or affiliated entities (“Arthur Chang,” “we,” “us,” or “our”) where the policy is posted (the “Site”). This Privacy Policy does not pertain to information that is collected offline. BY USING THE SITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Arthur Chang on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
A. Information Collected
When you use our Site, we collect your personal information. The types of personal information we collect from you depends on the features you use on the Site. Personal information refers to information that directly identifies, or can be used to determine the identity of, a person. This information may include:
• Content and Other Information You Provide to Us. We may collect additional content and information that you voluntarily provide us, such as when you submit a contact form or send us feedback. That information may include, among other things, your full name, email address, username, password, phone number, and other information you provide.
• Email Addresses. We may collect your email address and name if you request information from the Site.
• Payment and Financial Information. We may collect payment information, such as your payment card number, expiration date, billing address, and payment account name.
• Demographic Information. We may collect your demographic information such as your age, gender, city, state, and country.
• Usage Information. We may collect data about how you and your devices interact with the Site. This could include features you use, the web pages you visit, and the search terms you enter. This could also include data about your devices and the network you use to connect to our services, including IP address, device identifiers, and data about the performance of the services you use on the Site and any problems you experience with them.
• Location Information. We may collect your location information. This information may help us provide recommendations to you based on your location, serve you with advertisements, or direct you to a product or service that we believe may be of interest to you.
You have choices about the information we collect. When you are asked to provide personal information, you may decline. But if you choose not to provide information that is necessary to provide a product or service, you may not be able to use some of our features, products, or services.
(1) Active Collection
We collect and store the personal information that you have provided to us. For instance, if you sign up for a membership or contact us with a question, we may store your communications, including any personal information you include in them, so we can effectively respond to you. If you do not want us to collect your personal information, please do not provide it to us.
(2) Passive Collection
We may collect information passively while you are visiting or interacting with the Site. We call this “passive” collection because you may not know that this information is being collected. Here are some examples of the non-personal information that is collected via the Site and a description of how this information is used:
• Internet Protocol (IP) address. Your IP address is a number that lets computers attached to the Internet know where to send your data, such as the webpages you view. We use this information to deliver our webpage to you upon request, to tailor our Site to the interests of our users and to measure traffic within our Site.
• Cookies. A cookie is a small text file that may be used to collect information about your activity on the Site. For example, when someone visits a page within the Site, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Site previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Site.
• Web Beacons. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Site and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. Web beacons are embedded invisibly on web pages.
B. Use of Information Collected Via the Site
(1) Personal Information
We use your personal information that is collected on the Site primarily for the following purposes:
• To deliver services, such as educational programs, information, or newsletters;
• To alert you to special offers, updated information, and other new services from Arthur Chang, or other third parties, or to forward promotional materials;
• To complete a transaction or service requested by you;
• To ensure the Site is relevant to your needs;
• To help us create and publish content most relevant to you;
• To notify you about a material change to this Privacy Policy if necessary; and
• To contact you in response to sign-up forms.
(2) Non-Personal Information
Non-personal information is used as described above and in other ways as permitted by applicable laws, including combining non-personal information with personal information.
C. Sharing and Disclosure of Information
(1) Personal Information
We may share or disclose your personal information in the following instances:
• To fulfill a service to you;
• To affiliates, strategic partners, agents, third-party marketers, or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes;
• To unaffiliated third-party service providers, agents, or independent contractors who help us maintain our Site and provide other administrative services to us;
• To complete your purchase;
• To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of our end users;
• To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets;
• To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties; and
• To protect against potential fraud, we may verify with third parties the information collected from the Site.
Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share, or disclose your personal information to any third parties.
(2) Non-Personal Information
We use non-personal information collected on the Site in the manner disclosed above. We may share this non-personal information with third parties.
D. Collection and Use of Information from Children Under the Age of 13
The Site is not intended for use by persons under the age of 13. Arthur Chang does not knowingly collect information from visitors under the age of 13 and, in the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information.
E. Opt-Out
We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. However, we provide you the opportunity to opt-out if you do not want to receive other types of communication from us, such as emails or updates regarding new services and products offered on the Site or if you do not want us to share your personal information with third parties, by clicking the “unsubscribe” link within the text of the email or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
F. Third-Party Web Sites
This Privacy Policy applies solely to information collected on the Site. The Site may contain links to other websites. We are not responsible for the privacy practices or the content of these other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
G. Accessing Your Personal Information and Privacy Preferences
We provide you with the opportunity to access your personal information to ensure it is correct, accurate, and current. To edit your personal information, please contact us at info@arthurchang.net. We will make reasonable efforts to accommodate your request.
H. Assignment
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal and non-personal information collected via the Site.
I. Changes to this Privacy Policy
We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the “Effective” date at the top of this Privacy Policy. For changes that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Site.
J. Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Arthur Chang is done at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure security on our systems. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
K. Dispute Resolution
By using the Site, you and Arthur Chang agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Notice shall be sent to:
1) Arthur Chang at 21671 Gateway Center Drive Suite 200, Diamond Bar, CA 91765, or
2) You at the contact information on file with Arthur Chang.
Both you and Arthur Chang agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any such Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, and will occur in the Boston, MA area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
L. Your California Privacy Rights
California Civil Code Section 1798.83 permits visitors to the Site who 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 contact us at info@arthurchang.net.
We do not share personal information with third parties for their direct marketing purposes unless you consent to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or other promotion on our Site. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis.
At this time our Site does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
M. Questions
Your visit to the Site is subject to both this notice and our Terms of Use, available here. If you have any questions, comments, or concerns regarding our Privacy Policy or practices, please send an email to: info@arthurchang.net. All information you provide in any written communication will also be covered by this Privacy Policy.