Welcome to www.HarborCenter.com (the “Site”), a website provided by HarborCenter Development, LLC (“HarborCenter”). HarborCenter recognizes the importance of protecting your privacy, and this policy covers HarborCenter’s handling of information collected by it through the Site.
Any personal information collected by HarborCenter is controlled by HarborCenter at One Seymour H. Knox III Plaza, Buffalo, New York 14203 All questions, complaints and requests for additional information regarding HarborCenter’s handling of information, or otherwise relating to this policy, should be promptly sent to HarborCenter as set forth in Section 17.
2. Service Terms
If you use the Site, your use of the Site is at all times subject to this policy, plus any other terms and conditions that may be posted on the Site (including, but not limited, any applicable service terms). You should review this policy carefully, and be sure you understand it, prior to using the Site. Any use of the Site by you is deemed to be irrevocable acceptance of this policy. If you do not agree to this policy, you should not use, and should immediately exit, the Site. For purposes of this policy, accessing the Site only to review this policy is not deemed to be use of the Site.
3. Information Collected
HarborCenter may collect information from you through the Site (including, but not limited to, when you correspond with HarborCenter for any reason). All such information provided by you must at all times be accurate and complete, and you are responsible for updating such information if it changes. Such information may include, but is not limited to, the following:
• Your name;
• Your address;
• Your e-mail address;
• Your phone number;
• Your credit card number, expiration date and security code;
• The names and ages of, and other relevant information relating to, your children participating in our events;
• Certain health information relating to your children participating in our events;
• Your birthdate;
• Your opinions on certain products or services of HarborCenter or other issues;
• Products and services purchased by you through the Site; and
• Pictures and other images of you or your children observing, or participating in, our events.
HarborCenter does not collect any personal information from you through the Site, unless it is provided voluntarily. If you provide your personal information to HarborCenter, regardless of the method used to provide such information, HarborCenter will only retain such information to the extent appropriate to meet the purposes for which it was provided and for HarborCenter’s other legitimate business purposes (including, but not limited to, marketing). If you refuse to provide any information when requested to do so by HarborCenter or on the Site, you may not be able to access, or otherwise enjoy the benefits of, certain services from HarborCenter or features of the Site.
4. Protection of Your Information
Except as provided in the immediately following sentence, HarborCenter will use commercially reasonable efforts to protect your personal information from unauthorized access, disclosure and use. Certain information posted by you on the Site may be accessible to the general public, and HarborCenter is not responsible for protecting such information from unauthorized access, disclosure or use at any time. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that your information could be accessed, disclosed or used without authorization, even if HarborCenter uses such efforts. In providing information to HarborCenter, you must assume the risk that unauthorized access, disclosure and use could occur.
5. Use of Your Information
Any information collected by HarborCenter may be used by it for any legitimate business purpose (including, but not limited to, marketing), unless expressly stated otherwise in this Section. Personal information that HarborCenter expressly states is collected for a specific purpose will only be retained and used for such purpose, unless you subsequently consent to its being used for another purpose. In the absence of any statement by HarborCenter that any information will be collected for a specific purpose, such information may be used, without limitation, for the following legitimate business purposes:
• Correspond with you;
• Provide services to you and your children (including, but not limited to, youth hockey clinics);
• Identify your product and service preferences;
• Improve our products and services, and customer service;
• Develop promotional materials (including, but not limited to, advertisements, CDs, DVDs, website content, and other communications);
• Process orders submitted to HarborCenter by you;
• Provide you with promotional offers; and
• Share with others your opinions regarding products and services of HarborCenter and other issues.
When you provide information to HarborCenter, whether or not for a specific purpose, HarborCenter may disclose such information to third parties (including, but not limited to, credit card processing companies and other vendors of HarborCenter) that HarborCenter has engaged to assist it in the ordinary course of its business for any purposes for which HarborCenter could use such information. HarborCenter may also at any time, in its sole discretion, disclose and use any such information (including, but not limited to, your computer’s Internet protocol addresses), whether or not you furnished such information for a specific purpose, to (a) comply with any applicable law or government request, (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 interests of HarborCenter or a third party, or (d) transfer such information to a third party purchasing all, or substantially all, of HarborCenter’s assets.
6. Analytical Information Collected
When you access the Site, HarborCenter may collect from you through the use of “cookies” certain analytical information (including, but not limited to, (a) your search terms, pages reviewed by you, and items clicked on by you, and (b) your computer’s Internet protocol address, location, access date and time, connection speed, language, browser, operating system and manufacturer), which is generally not personally identifiable, (collectively “Analytical Information”). Cookies are code placed on your computer by the Site that enable the Site to, among other things, (a) recognize you as a prior user of the Site, (b) provide the Site with details of your prior use and (c) otherwise assist HarborCenter in making the Site more useful to you. HarborCenter may use permanent cookies that are saved on your computer until you delete them, and session cookies that are automatically deleted when your browser is closed. 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 from the Site, you may not be able to enjoy some of the Site’s features.
7. Use of Analytical Information
Analytical Information may be used by HarborCenter (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it more useful to users, (d) to determine patterns of usage of the Site by users, (d) to avoid the necessity of your having to reenter certain information previously provided to HarborCenter through the Site, and (d) for other legitimate business purposes of HarborCenter (including, but not limited to, marketing). However, Analytical Information will not be used by HarborCenter to examine other websites visited by you before or after you use the Site. Analytical Information may be collected by HarborCenter or by third parties on behalf of HarborCenter.
8. Third-Party Sites
You may from time to time send HarborCenter an e-mail message in connection with your use of the Site or otherwise. If you do, HarborCenter may collect and store your e-mail address and the contents of your message. Your e-mail address and the contents of your message will be used by HarborCenter to respond to you or for other legitimate business purposes (including, but not limited to, marketing).
Likewise, HarborCenter may send you e-mail messages using an e-mail address provided by you. E-mail messages may be sent to you by HarborCenter to inform you of products and services, and for other promotional purposes. HarborCenter endeavors to send such messages to only those individuals who desire to receive them. Instructions on how you can unsubscribe to HarborCenter’s messages are provided in such messages. In addition, you can unsubscribe to such messages by contacting HarborCenter as set forth in Section 17.
Upon your written request, you will be granted access to your personal information collected and retained by HarborCenter through the Site solely for the purpose of correcting or deleting any of such information that is inaccurate, except where the burden of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party could be violated. You should contact HarborCenter for this purpose as set forth in Section 17.
The Site is not intended for anyone under 18 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that the child’s personal information has been submitted to HarborCenter through the Site without the parent’s or guardian’s consent, HarborCenter will use commercially reasonable efforts to remove such personal information from the Site and HarborCenter’s servers at the parent’s or guardian’s request. To request the removal of personal information of a minor, the parent or guardian must contact HarborCenter as set forth in Section 17, and provide all information requested by HarborCenter to assist it in identifying the information to be removed.
12. Applicable Law
This policy will be governed by, and construed in accordance with, the laws of the state of New York, without regard to its principles of conflict of laws. To the extent there is any conflict or inconsistency between (a) any provision of this policy and (b) any provision of applicable law, the latter shall control.
You must (a) submit any dispute relating to this policy or HarborCenter’s handling of your information collected through the Site exclusively to a federal, state or local court located in the county of Erie, New York and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute.
14. Entire Agreement
This policy contains the entire agreement, and supersedes all prior oral and written proposals, understandings and agreements, between you and HarborCenter, with respect to your information collected by HarborCenter through the Site.
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.
HarborCenter may revise any provision of this policy from time to time by posting the revised provision on the Site, with the revised provision taking effect immediately upon such posting. It is your responsibility to periodically check this policy on the Site for such revisions. Your use of the Site following the posting of any revision to this policy on the Site will be deemed an irrevocable acceptance by you of such revision.
17. Additional Information
If you have any questions or complaints, or desire additional information, regarding HarborCenter’s handling of information collected through the Site or otherwise relating to this policy, please promptly contact:
HarborCenter Development, LLC
Attn: Taylor Gahagen
One Seymour H. Knox III Plaza
Buffalo, NY 14203
Effective Date: February 12, 2014