Tier 11

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PRIVACY POLICY

Welcome to tiereleven.com (the “Site”), a website provided by Antares Enterprises, Inc., DBA Tier 11 (“Tier 11”). Tier 11 respects your privacy, and this policy covers Tier 11’s handling, use, and disclosure of information collected from you through the Site or other sources in the ordinary course of Tier 11’s business, including through an employment relationship.

  1. Acceptance

You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Tier 11. Your use of the Site, providing any information to Tier 11, or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use, of the Site and not otherwise provide any information to Tier 11. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.

  1. Privacy Shield

Some information collected by Tier 11 may relate to residents of the European Union or Switzerland.  The European Union[1] and Switzerland[2] have adopted requirements for the protection of certain information, and in order to satisfy such requirements, Tier 11 has completed self-certification under the privacy shield, and to that end has (a) agreed to comply with (i) the E.U.-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and the European Commission and (ii) the Swiss-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and Swiss Administration and (b) elected to apply for self-certification under the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework administered by the U.S. Department of Commerce (the “Privacy Shield”).  In particular, Tier 11 has agreed, with respect to all Shield Information (as defined in Section 3), to adhere to the Privacy Shield’s principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access and recourse, enforcement and liability.  For purposes of enforcing compliance with the Privacy Shield, Tier 11 understands that it will be subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission, which can impose sanctions consisting of administrative orders and civil penalties.  Tier 11 is listed (under its parent, Antares Enterprises, Inc.) at https://www.privacyshield.gov/list as having certified to its compliance with the Privacy Shield.  For more information regarding the Privacy Shield, please see the U.S. Department of Commerce’s website at http://privacyshield.gov.

  1. Information

In this policy:

(a) “Analytical Information” means all Non-Personal Information obtained through the use of tools such as, for example, cookies (or other similar code) and server log files (including, but not limited to, (i) a computer’s access date and time, browser, connection speed, Internet protocol address, Internet service provider, language, location, manufacturer, visit details, and operating system, and (ii) whether or not you opened e-mail messages and other electronic communications from Tier 11, and if you did, the times they were opened).

(b) “California Information” means all Personal Information that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act (collectively, the “California Laws”);

(c) “Collected Information” means all Personal Information and Non-Personal Information.

(d) “Customer Information” means all information collected by you, whether Personal Information or Non-Personal Information, related to any customers or visitors to your website.

(e) “Human Resource Data” means all Personal Information and Non-Personal Information collected by Tier 11 from individuals in the course of an employment relationship.

(f) “Non-Personal Information” means all information collected by Tier 11, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Tier 11, and (iii) other sources in the ordinary course of Tier 11’s business, that is not Personal Information.

(g) “Personal Information” means all information collected by Tier 11, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Tier 11, (iii) information related to services purchased from Tier 11, including but not limited to, customer preferences; and (iv) other sources in the ordinary course of Tier 11’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, physical address, e-mail address, phone number, and credit card number).

(h) “Sensitive Information” means all Shield Information of an individual that specifies (i) health data, (ii) racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs, (v) union membership, (vi) genetic data, (vii) biometric data or (viii) the sex life or sexual orientation of such individual.

(i) “Shield Information” means all Personal Information that relates to individuals in the European Union or Switzerland and that is covered by the Privacy Shield.

  1. Collection

No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through your interaction with the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Tier 11 will retain such Collected Information in its primary and backup files only to the extent that it is consistent with the purposes for which it is provided by you, and except for Shield Information, for Tier 11’s other legitimate business purposes (including, but not limited to marketing).  In using some of the Services, you may be able to authorize the transfer of Customer Information.  You represent and warrant that all Customer Information was obtained by you in accordance with all applicable laws and that you have the right to provide Tier 11 with such information for the purpose of providing the Services.

You are responsible for obtaining any approvals, authorizations, consents, permissions, and permits that are required in connection with your providing Tier 11 with any information (including, but not limited to, any information relating to a third party). The categories of California Information collected by Tier 11 are set forth in Tier 11’s California Privacy Disclosures and are accessible as set forth in Section 16.

  1. Choice

You may refuse to provide any information to Tier 11 at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Tier 11 as set forth in Section 26. If you refuse to provide any information when requested to do so by Tier 11 or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain products and services from Tier 11 or features of the Site.

  1. Electronic Communications

Whether or not you have previously sent Tier 11 an e-mail message, you consent to Tier 11’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Tier 11 endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Tier 11 as set forth in Section 26 or by following the directions contained in such e-mail messages or other electronic communications.

  1. Analytical Information

When you access the Site, Tier 11 will collect Analytical Information.  Specifically, the Site utilizes essential cookies to save your site preferences and nonessential cookies for analytical purposes as described in the second paragraph of this Section. When you access the Site, you will be asked to accept Tier 11’s use of nonessential cookies for such purposes. If you do not accept the use of nonessential cookies, you should click “Reject All” before browsing the Site. By clicking “Reject All” you will disable our use of nonessential cookies; this will not disable our use of essential cookies.  You can also customize your cookies settings by going to the “Preferences” tab.

In addition, your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to enjoy some features of the Site. Analytical Information will only be used by Tier 11: (a) to record your use of the Site; (b) to diagnose problems with the Site; (c) to improve the Site and make the Site more useful to you and other users; and (d) for other legitimate business purposes of Tier 11 (including, but not limited to, marketing). Tier 11 will collect Analytical Information either directly or through third parties acting on its behalf.

  1. Sensitive Information

Any provision of this policy to the contrary notwithstanding, if Tier 11 collects any Sensitive Information from you, your explicit consent (i.e., among other things, you must “opt in”) will be obtained before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was originally collected or subsequently authorized by you through the exercise of an “opt-in” choice.  Tier 11 will also treat as Sensitive Information any Personal Information of an individual received by Tier 11 from a third party if the third party identifies it in writing to Tier 11, and treats it, as sensitive.

  1. Controller/Processor

All electronic Personal Information is controlled or processed by Tier 11 on servers located at Tier 11’s place of business in Massachusetts, and on other servers located at an off-site data center.  Tier 11 may transfer Collected Information to a third-party sub-controller or processor only pursuant to Section 12.

  1. Security

Tier 11 will protect Personal Information from loss, misuse, and unauthorized access, alteration, destruction and disclosure as required by all laws applicable to Tier 11; provided, however, that, except as provided in the immediately following sentence, Tier 11 will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, in which case, Tier 11 is not responsible for protecting such Personal Information from loss or unauthorized access, alteration, destruction, disclosure or use.  For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public.  Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization, even if Tier 11 uses commercially reasonable administrative and technical efforts. In providing information to Tier 11, you must assume the risk that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization.

  1. Use of Collected Information

All Collected Information may be used by Tier 11 for any legitimate business purpose including, but not limited to, enabling Tier 11 to perform marketing services contemplated under any service agreement with you.  Collected Information may also be used for marketing Tier 11’s Services, except that, in the case of Shield Information and only to the extent required by the Privacy Shield, such purpose (a) is relevant to the purpose for which Shield Information has been provided by you or (b) has been subsequently authorized by you. If Tier 11 expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Tier 11 will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.  The purposes for which California Information is collected by the Firm are set forth in the Firm’s California Privacy Disclosures and are accessible as set forth in Section 16.

  1. Transfer of Collected Information

Any Collected Information obtained by Tier 11, whether or not for a specific purpose, may be transferred to third parties designated by Tier 11 (including, but not limited to, any affiliates, distributors, sub-contractors or vendors of Tier 11) for any purposes for which Tier 11 could use such Collected Information, except that, in the case of Shield Information and only to the extent required by the Privacy Shield, (a) Tier 11 will notify you of such transfer, (b) such third party’s right to use Shield Information is limited to such purposes, (c) such third party is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield, (d) Tier 11 takes commercially reasonable steps to ensure that such third party effectively processes Shield Information in a manner consistent with Tier 11’s obligations under the Privacy Shield, (e) such third party is required to notify Tier 11 if such third party makes a determination that it can no longer meet its obligation to provide the same level of privacy protection as required under the Privacy Shield, (f) upon such notice, Tier 11 must take commercially reasonable steps to stop and remediate unauthorized processing of Shield Information, and (g) upon the request of the U.S. Department of Commerce (or its designee), Tier 11 must provide a summary or representative copy of the relevant privacy provisions of its agreements with such third party.  In cases of onward transfers to third parties of Shield Information, Tier 11 is potentially liable for the failure of such third party to comply with the Privacy Shield.  The categories of third parties with whom we share California Information are set forth in the Firm’s California Privacy Disclosures and are accessible as set forth in Section 16.

Tier 11 may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to: (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying, among others, national security and law enforcement requirements; (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights; (c) protect the rights, property or legitimate business interests of Tier 11 or a third party; or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Tier 11’s assets. If Collected Information is so transferred, Tier 11 will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.

  1. Deletion

Tier 11 will delete Shield Information or California Information from its servers (and servers of third parties acting on behalf of Tier 11) when it is no longer required for the purposes for which it was collected and processed, unless Tier 11 has another lawful basis to continue holding it.

  1. Third-Party Sites

The Site may contain links to, be hosted by, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Tier 11 is not responsible for any information you submit to, or is otherwise collected by, any Third-Party Site. Tier 11 is only responsible for Collected Information obtained by it (a) through your authorized use of the Site or your receiving from Tier 11 any Services, or (b) from other sources in the ordinary course of its business. Tier 11 may use a third-party vendor to collect credit card information and to process payment for goods purchased from Tier 11. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

  1. Inaccurate Shield Information

Tier 11 does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Tier 11 will grant you access to your Shield Information in the possession, or under the control, of Tier 11 solely for the purpose of correcting or deleting such Shield Information that is inaccurate or has been processed in violation of the Privacy Shield Principles, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated.  If you desire access to any Shield Information for such purpose, you must contact Tier 11 in writing as set forth in Section 26.

  1. California Residents

Tier 11 does not sell any California Information.  Tier 11 will, to the extent required by the California Laws, disclose, delete or take any other action with respect to any California Information.  A resident of California may request (a “California Request”) pursuant to the California Laws, among other things, that Tier 11:

(a)  Disclose to such resident:

(i)   The categories of California Information relating to such resident that are collected by Tier 11;

(ii) The categories of sources from whom or which California Information relating to such resident is collected by Tier 11;

(iii)  The purposes for Tier 11’s collecting California Information relating to such resident;

(iv)  The categories of third parties to whom or which Tier 11 transfers California Information relating to such resident;

(v)  The specific pieces of California Information relating to such resident collected by Tier 11; and

(vi)  If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to whom or which such California Information are disclosed for a business purpose; and

(b)  Except in certain circumstances, delete California Information of such resident.

A California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by Tier 11 to verify the identity of such resident, and (c) must be submitted to the Tier 11 as set forth in Section 26.  Tier 11 will respond to any such request within 45 days after receiving such information.

The California Laws require certain additional disclosures that can be found at this link: California Privacy Disclosures.  Tier 11 will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.

  1. Children

The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such a child has been submitted to Tier 11 through the Site without the parent’s or guardian’s consent, Tier 11 will use commercially reasonable efforts to remove such information from the Site and Tier 11’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Tier 11 as set forth in Section 26, and provide all information requested by Tier 11 to assist it in identifying the Personal Information to be removed.

  1. Disposition

In disposing any Personal Information, Tier 11 will use commercially reasonable measures to protect such Personal Information from unauthorized access, alteration, disclosure, or use in the future.

  1. Applicable Law

This policy shall be governed by, and construed and interpreted in accordance with, (a) in the case of Shield Information, and solely to the extent required by the Privacy Shield Principles, the Privacy Shield Principles, (b) in the case of California Information, and solely to the extent required by the California Laws, the California Laws, (c) any other applicable privacy law solely to the extent required by such law, and (d) in all other cases, the laws of the state of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.

  1. Complaints

Except as provided in Section 21, any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Tier 11 as set forth in Section 26, and Tier 11 must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Tier 11’s completing such investigation and so responding, Tier 11 and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Tier 11 in connection with the unresolved portion of your complaint only in a court located in Barnstable County, Massachusetts, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.

  1. Independent Recourse Mechanism

You may, under certain conditions, invoke binding arbitration for a complaint. If you have a complaint that relates to Shield Information, Tier 11 offers an independent recourse mechanism to resolve your complaint that you may use in lieu of the process described in Section 20.  The independent recourse mechanism offered by Tier 11 is more fully described at http://privacyshield.gov.  In order to access the independent recourse mechanism, you must file a complaint with the International Centre for Dispute Resolution of the American Arbitration Association (“ICDR”), and after receiving your complaint, ICDR will resolve the dispute between you and Tier 11 by following the ICDR Dispute Resolution Procedures located at http://go.adr.org/privacyshield.html. All fees of ICDR in connection with your use of its independent recourse mechanism described in this Section will be paid by Tier 11.

If all other options available to you for resolving a complaint are unsuccessful, and upon satisfaction of certain other conditions, you can lodge your complaint with the Privacy Shield Panel, which is an “arbitration mechanism” of three neutral arbitrators.  Any decision of the Privacy Shield Panel is binding and enforceable in courts of the United States.

With respect to Human Resource Data that is Shield Information and that is used by Tier 11 in the context of an employment relationship, Tier 11 will cooperate with investigations of, and comply with the advice given by, the E.U. data protection authorities, and the Swiss Federal Data Protection and Information Commissioner, as applicable.

  1. Entire Agreement

Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Tier 11, with respect to Collected Information. If you use the Site or otherwise have business dealings with Tier 11, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

  1. Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

  1. Revisions

Tier 11 may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law or the Privacy Shield. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Tier 11 after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.

  1. Expenses

Except as provided in this policy or in the Privacy Shield or other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.

  1. Contact Information

If you have any questions or complaints, desire additional information, or need to notify Tier 11 of anything regarding any Collected Information or otherwise relating to this policy, please promptly contact Tier 11 at the following mailing address:

PO Box 552

Sagamore Beach MA 02562

You may also contact us by email using the contact form on our website.

Effective Date: September 1, 2021

[1]  Tier 11 is aware of the July 16, 2020 judgment issued by the Court of Justice of the European Union (case C-311/18) which invalidated the E.U.-U.S. Privacy Shield Framework. However, in accordance with statements published by the United States Department of Commerce, Tier 11 will maintain compliance with its obligations under the E.U.-U.S. Privacy Shield Framework until further guidance is issued.

[2]  Tier 11 is aware of the September 8, 2020 opinion issued by Switzerland’s Federal Data Protection and Information Commissioner (“FDIC”) who concluded that the Swiss-U.S. Privacy Shield Framework does not provide an adequate level of protection for data transfers from Switzerland to the United States pursuant to Switzerland’s Federal Act on Data Protection. Tier 11 will, however, maintain its compliance with the Swiss-U.S. Privacy Shield Framework, which is consistent with the U.S. Department of Commerce’s public statement that participants are not relieved of their obligations following the FDIC’s opinion.