TERMS OF USE

EFFECTIVE DATE: January 1, 2022

Please read these Terms of Use (“Terms”) carefully before using www.rescuecity.nyc, as well as any mobile website or application (app), or media form or channel related, linked, or otherwise connected to the same (collectively, the “Website”), as these Terms constitute a legal binding agreement between Rescue City, Inc. (“us”, “we”, or “our”) the owner and operator of the Website, and “you” (or “your”), the user or viewer of the Website.

Purpose. The Website is intended to inform and educate you about the dogs that we have rescued, the services that we provide, and about the animal rescue, fostering, and adoption process in general.

Resources. In addition to the information found directly on the Website, original digital content may be delivered via Website download, email, our blog, and/or live and prerecorded videos (the “Resources”).

Use of the Website and the Resources. Your access to and use of the Website and the Resources is conditioned on your acceptance of and compliance with these Terms.
By accessing and using the Website and the Resources in any way, you agree to be bound by these Terms.
If you disagree with any part of the Terms, then you MAY NOT access or use the Website or the Resources in any way.

Users Outside the US. The Website is hosted in the United States. We make no claims that any content provided on the Website is appropriate or may be used, accessed, or downloaded outside of the United States. It is possible that access to the certain content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Prohibited Uses.

  • You may not access or use this Website for any purpose other than for its intended purpose.
  • You may not use this Website in connection with any commercial endeavors unless those endeavors are endorsed or approved by us.
  • You may not use the Website to violate any applicable local, state, national, or international law.
  • You may not transmit any materials that infringe or misappropriate any individuals intellectual property (copyright, patent, trademark, or trade secret), or disclose via the Website any information, the disclosure of which would constitute a violation of any confidentiality obligations you may have.
  • You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
  • You may not communicate on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
  • You may not distribute other Website users’ personal information to third-party parties for marketing purposes. In addition to being in violation of these Terms, unauthorized use of other users’ personal information in connection with unsolicited marketing correspondence may also constitute violations of various state and federal anti-spam statutes. We reserve the right to report any such abuse to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.

Intended Audience. While our Website and Resources contains family-friendly content, it is still not intended for use by minors. To access or use the Website and the Resources, you must be 18 years of age or older and have the requisite power and authority to agree to these Terms. Children under the age of 18 are prohibited from using the Website.

Links to Other Sites. The Website or the Resources may contain links to third-party websites or services that are not owned by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. If you decide to access any of the third-party websites, you do this entirely at your own risk. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and as such, you agree to irrevocably waive any claim against us with respect to such websites.

The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of any such website or service, its content or the companies or products referenced on such website.

Intellectual Property. The Website and the Resources contain intellectual property owned by Rescue City, Inc., including, without limitation, trademarks, copyrights, proprietary information and other intellectual property.

  • Copyright. Unless otherwise noted, the Website and the Resources, and anything found on the Website and the Resources, including, our logo, text, graphics, sound recordings, video recordings, designs, Website coding (HTML), and the general “look and feel” of the Website and the Resources are exclusive to us and are our copyrighted property.
    You may not download, copy, print, edit, change, publish, sell, share, or distribute the Website and the Resources, in whole or in part, whether for commercial or non-commercial purposes, unless you have received express written consent from us before doing so. You may request consent by e-mailing us at rescue@rescuecity.nyc.
  • Trademark. The name “Rescue City”, our logo, and the name “Therapaw” are all trademarks belonging to us. Unauthorized use of the logo and these phrases are strictly prohibited.

Disclaimers.

  • The Website and the Resources are to be used for informational and educational purposes only. The information found on this Website or in the Resources is provided “as is” and may be subject to change, depending on any recent developments in the law.
  • You must use your own judgment when viewing or otherwise accessing the Website and the Resources and when you do this, you are doing so at your own risk.
  • While we do our best to make sure that the information found on the Website and in the Resources is accurate, complete, reliable, current and error-free, you must use your own judgment when viewing or otherwise accessing the Website and the Resources. You understand and agree that if you rely on this information, you do so at your own risk.
  • We make no representations or warranties regarding the accuracy, completeness, reliability, or currency of the information found on the Website or in the Resources, and to the fullest extent permissible by the law, we further disclaim all liability for the same.
  • We are also not liable to you or any third-party, in any way, for any damages of any kind arising out of your access or use of the Website or the Resources.
  • ANY LIABILITY THAT MAY SEEM IMPLIED IS EXPLICITLY DISCLAIMED.

Dispute Resolution. Should a dispute arise under these Terms, the aggrieved party must submit to the other, in writing, a detailed description of the dispute and the desired outcome. The parties must attempt in good faith to resolve the dispute; however, if no satisfactory resolution can be reached in thirty (30) days, then the parties may pursue arbitration in accordance with the provisions of this section.
If the parties are unable to voluntarily resolve a dispute in the time prescribed above, then they must resolve the dispute in a cost-effective manner through binding, non-appearance-based arbitration.
The arbitration will be administered in the state of Delaware through an established alternative dispute resolution provider, such as JAMS, NAM, or the American Arbitration Association.
Any arbitration instituted under these Terms will be limited to the dispute between the parties individually. To the full extent permitted by law:

  • No arbitration shall be joined with any other proceeding;
  • No dispute may be arbitrated on a class-action basis or to utilize class action procedures; and
  • No dispute may to be brought in a purported representative capacity on behalf of the general public or any other persons.

Notwithstanding any of the foregoing, agree the following disputes are not subject to the mandatory binding arbitration provisions above:

  • Any disputes seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights or the intellectual rights of any third-parties;
  • Any disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
  • Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then any such dispute that may not be subject to arbitration will be decided by a court of competent jurisdiction.

Limitation of Liability. NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES) ARISING FROM YOUR USE OF THE WEBSITE. NOTWITHSTANDING THE FOREGOING, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification. To the extent permissible by law, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand (including, but not limited to reasonable attorneys’ fees and expenses), made by any third-party due to or arising out of your:

  • Use of or access to the Website;
  • Breach of these Terms;
  • Breach of any of your representations and warranties, as they are set forth in these Terms;
  • Violation of any rights of a third-party, including but not limited to any third-party intellectual property rights; or
  • If applicable, any overtly harmful act toward any other user of the Website.

Notwithstanding any of the foregoing, should you be required to indemnify us under these Terms, we reserve the right, at your sole expense, to assume the exclusive defense and control of any such matter and you agree to cooperate with our defense of such claims. Should this happened, we will use reasonable efforts to notify you of any such claim, action, or proceeding as soon as we become aware of it.

No Assignment. Your rights and obligations under these Terms may not be assigned to any other party.

Titles and Headings. The titles and headings that are used in these Terms are for reference purposes only and must not be used to interpret these Terms.

Construction. The language in these Terms should be construed according to its fair meaning, and the normal rule of construction (i.e.: that any ambiguities are to be resolved against the drafting party) should not be used in the interpretation of these Terms.

Entire Agreement. These Terms contain the entire understanding between you and us regarding your access to and use of the Website and the Resources.

Severability. Each provision in these Terms must be interpreted in a way that is valid under applicable law. If any provision is held invalid, the rest of the Terms will remain in full effect.

Applicable Law and Venue. These Terms will be governed by the laws of the state of New York. Any lawsuit arising directly or indirectly out of these Terms or any services provided by us must be resolved in a state or federal court located in New York and you agree to submit to the personal jurisdiction of any such court.

Corrections to Website. There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice to you.
Notwithstanding any of the foregoing, we have no obligation to update any information on this Website. We also reserve the right to discontinue any or all of the Website without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Website.

Changes to the Terms. We may, from time to time decide, in our sole discretion, to revise and update these Terms. All changes will become effective immediately when they are posted.
YOUR CONTINUED USE OF THE WEBSITE AND THE RESOURCES FOLLOWING THE POSTING OF CHANGED TERMS MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. YOU ARE EXPECTED TO CHECK THIS PAGE FROM TIME TO TIME SO YOU ARE AWARE OF ANY CHANGES.

Questions and Concerns. If you have any questions or concerns about these Terms, please do not hesitate to contact us at rescue@rescuecity.nyc

PRIVACY POLICY

EFFECTIVE DATE: January 1, 2022

We at Rescue City, Inc. (“us”, “we”, or “our”) greatly value your privacy. We’ve put together this Privacy Policy (“Policy”) so that you can understand what information we collect from you, what we do with this information, and your rights as to how this information is used.

APPLICATION
This Policy applies to information collected by us:

  • On www.rescuecity.nyc, any mobile website or application (app), or media form or channel related, linked, or otherwise connected to the same (our “Website”);
  • Via any periodic email, text, or chat messages via this Website;
  • Via any direct contact with us on our affiliated social media platforms; and
  • When you interact with our advertising and applications on third-party websites and platforms, and such applications or advertising includes links to this Website.
    Collectively, the “Platforms”.

This Policy does not apply to information collected:

  • Offline or through any other means, including on any other website that may be operated by us or any third party (including our affiliates);
  • By any third party, including our affiliates, that we may link to or make accessible on the Website.

BY VISITING THE WEBSITE AND/OR PLATFORMS YOU AGREE TO BE BOUND BY THE TERMS OF THIS POLICY, OUR TERMS OF USE, AND ANY OTHER AGREEMENTS THAT MAY GOVERN YOUR USE OF THE WEBSITE OR PLATFORMS (COLLECTIVELY, THE “AGREEMENTS”).

IF YOU DISAGREE WITH ANY PART OF THESE AGREEMENTS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE PLATFORMS IN ANY WAY.

INTENDED AUDIENCE

The Website and the Platforms are intended for US-based individuals that are over the age of 18.

In compliance with the Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation (GDPR), we do not collect any information on any individual under the age of 18. MINORS ARE EXPLICITLY PROHIBITED FROM SUBMITTING THEIR PERSONAL INFORMATION (AS DEFINED BELOW) OR OTHERWISE ENGAGING WITH THE WEBSITE AND THE PLATFORMS.

If we learn that we have any information from anyone who is under the age of 18, we will delete that information. Moreover, parents that believe that we may have collected personal information from their minor child may contact us at rescue@rescuecity.nyc and ask that it be removed.

YOUR INFORMATION: HOW IT IS COLLECTED AND HOW WE ARE USING IT

  1. Personal Information Provided By You.

While you are using our Website or the Platforms, we may collect certain information, which may be used to contact or identify you (your “Personal Information”). This Personal Information may include, but is not limited to Your:

  • Name;
  • Email;
  • Home or Work Address;
  • Job Title;
  • Telephone Number;
  • Social Media Names;
  • Credit Card or ACH Information;
  • IP Address; and/or
  • Any other identifiable information you provide to us.

You are not required to provide any Personal Information to view this Website or the Platforms. However, this information may be required if you want to:

  • Join our mailing list;
  • Make a donation to our organization;
  • Apply to foster one of our dogs;
  • Apply to adopt one of our dogs;
  • Apply to volunteer for our organization;
  • Receive communication from us;
  • Purchase our merchandise.

We may collect your Personal Information directly from you when you:

  • Fill out a form on the Website for any purpose, including, but not limited to:
    • Contacting us
    • Joining our mailing list
    • Applying to foster, adopt, or foster-to-adopt our dogs
    • Applying to volunteer for our organization
    • Participating in any contest, promotion, or special offer
    • Participating in any survey
    • Making a donation
    • Making payment or checking out;
  • Directly communicate with us on the Platforms, whether in a group or through direct/private message or chat; and/or
  • Communicate with us through our Website chat feature, if available.

We may also indirectly collect your Personal Information from:

  • Publicly available data;
  • Joint marketing partners;
  • Affiliate programs;
  • Data providers;
  • Our Third-Party Vendors (as they are identified below in Paragraph 1 of Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD-PARTIES”), if you provided this information to them; and/or
  • Your internet browser or Third-Party Web Tracking Technology (as identified below in Paragraph 2 of this Section), but only to collect your IP address.

Maintaining the privacy of your Personal Information is of the utmost importance to us. Unless otherwise stated in this Policy or in permissible under another agreement between you and us, we will never share your Personal Information with anyone. We only use your Personal Information for:

  • User management purposes, including, but not limited to:
    • Posting testimonials or reviews; and
    • Requesting user feedback.
  • Communication purposes, including, but not limited to:
    • Responding to your questions or comments;
    • Sending you administrative updates;
    • Sending requested mailing list updates; and/or
    • Otherwise communicating with you.
  • For product and service delivery purposes, including, but not limited to:
    • Delivering intended services to you;
    • Fulfilling purchase orders for our offered services or products; and/or
    • Responding to technical inquiries or offer product support.
  • For marketing, advertising, or promotional purposes, including, but not limited to:
    • Marketing our products and services to you;
    • Promoting our special offers;
    • Administering contests, prize draws and competitions, if you elect to partake; and/or
    • Collecting testimonials from you. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial.
  • For Website protection and legal purposes, including, but not limited to:
    • Responding to legal requests and preventing harm. Please see Paragraph 6 of the Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD PARTIES”;
    • Keeping our Website and our products or services safe and secure; and/or
    • Enforcing the terms, conditions and policies of any Agreements.
  • For any other lawful business purpose such as improving products, services, marketing, and user experience.

2. Web-Based Activity.

When you visit our Website or receive any digital communications from us, we may automatically collect information about your web-based activity, such as your engagement on our Website and Platforms, as well as your purchasing and web browsing behavior (your “Web-Based Activity Information”). This Web-Based Activity Information may include, but is not limited to Your:

  • Log and Usage Data, which is service-related, diagnostic usage and performance information, such as your:
    • IP address (which is also considered Personal Information);
    • Device information;
    • Browser type;
    • Settings and information about your activity on the Website, including, but not limited to: how you found the Website, when you visited the Website, what pages and files you viewed, what searches and other actions you took, and what features you used; and
    • Device event information, such as system activity, error reports (a.k.a. “crash dumps”) and hardware settings).
  • Device Data, which is information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include your:
    • IP address (or proxy server);
    • Device and application identification numbers;
    • Location;
    • Browser type;
    • Hardware model;
    • Internet Service Provider and/or mobile carrier;
    • Operating system; and
    • System configuration information.
  • Location Data, which is information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling the “location” setting on your device. Please note however, if you choose to opt out, features of this Website may not work properly. For more information on how to opt out of tracking, please see the Section titled “YOUR RIGHTS WITH REGARDS TO OUR USE OF YOUR INFORMATION” below.

Your Web-Based Activity Information is collected and automatically and sent to us by your browser. Some of the technology we use to collect this Web-Based Activity Information includes:

  • Cookies. Cookies are small amounts of textual date that are downloaded to your browser as you visit different websites (or open certain emails). They provide tiny pieces of useful information about your interaction with the website that sets them. Like many sites, we may use Cookies to collect information. We may also use Cookies in our promotional emails to see how you are interacting with these emails. The information collected is not Personal Information (except for your IP address).
  • Web Beacons. Pages of our the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Social Media Plugins. We use social media features like the Facebook Like button, and widgets like the ‘Share This’ button on our Website. Such features may collect certain Personal Information and/or Web-Based Activity Information. If you are logged in on a certain social media platform and you interact with a widget or button belonging to that social media platform, this information may be recorded to your profile of such social media platform. To avoid this, you should log out from that social media platform before accessing or using the Website. Social media features and widgets may be hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy notices of those respective social media platforms. By clicking on one of these buttons, you agree to the use of this plugin and consequently the transfer of personal information to the corresponding social media service. We have no control over how and what information these social media platforms collect.

Additionally, we may acquire some of your Web-Based Activity Information from some of our Third-Party Vendors, (as they are identified below in Paragraph 1 of Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD-PARTIES”,) if you provided this information to them.

Unless otherwise stated in this Policy or in permissible under another agreement between you and us, we will never share your Web-Based Activity Information with anyone without your consent. We only use your Web-Based Activity Information for:

  • Website management and user optimization purposes, including, but not limited to:
    • Making improvements to our Website;
    • Understanding which pages and features of our Website resonate the most with our visitors;
    • Store information about your preferences, allowing us to customize our Website according to your individual interests;
    • Speed up your searches; and/or
    • Recognize you when you return to our Website.
  • For marketing, advertising, and promotional purposes, including, but not limited to:
    • Learning about how you interact with our promotional emails;
    • Analyzing the effectiveness of our marketing campaigns; and/or
    • Delivering communications, advertising and Website content that is targeted specifically to your interests.
  • For serving you third-party advertisements when you visit the Website. These third-party service providers may use information about your visits to our Website and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. For information on what third-party advertising service providers we currently use, please see the Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD PARTIES”.
  • For any other lawful business purpose involving improving the Website, products and services, marketing, and user experience.

3. Payment Data.

If you are making donations, applying to adopt or foster-to-adopt a dog, or purchasing any fundraising merchandise from our Website, we will need to collect data necessary to process your payment, such as your credit or debit card number and the security code associated with your payment instrument (your “Payment Data”, which may also be considered your Personal Information).

We currently use Stripe, Venmo, PayPal to process payments for all donations, application fees, and fundraising merchandise purchases. All your Payment Data is processed and stored by these respective providers. Rescue City has access to your Payment Data. You may find the respective payment processor’s privacy notice here:

  • Stripe: https://stripe.com/privacy
  • Venmo: https://venmo.com/legal/us-privacy-policy/
  • PayPal: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
  • Bonfire: https://www.bonfire.com/privacy-policy/

HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD PARTIES

We strive to keep all your Personal and Web-Based Activity Information confidential, however sometimes we may need to disclose this information to third parties. Please know that we will never disclose more information than is necessary in any given situation, without your explicit consent. Unless otherwise permissible under this Policy, we do not share, sell, rent, or trade any of your information with third parties for their promotional purposes.

  1. Third-Party Vendors.

We may share some of your Personal Information with our Third-Party Vendors who perform services for us on our behalf and require access to such information in order to do such work. We may also allow some of these Third-Party Vendors to use tracking technology on the Website, which will enable them to collect your Web-Based Activity over time. Our current Third-Party Vendors include:

  • Petstablished by Wagtopia
  • RescueGroups
  • Google Forms
  • MailChimp
  • Gmail
  • GoogleDrive
  • Facebook
  • Instagram
  • TikTok
  • LinkedIn
  • Twitter
  • Bonfire
  • Classy
  • Kindful
  • Venmo
  • PayPal
  • Stripe
  • ViziSites
  • Google Analytics

2. Affiliates.

We may share your information with our “Affiliates”, such as our parent company, any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us. If your information is shared with any Affiliate, they will be required to honor this Policy before any information is shared.

3. Business Partners.

In order to offer you certain products, services, or promotions, we may share your information with our “Business Partners”, which are companies that we do business with or work with. If your information is shared with any Business Partners, they will be required to honor this Policy before any information is shared.

4. Volunteers, Employees, and Independent Contractors.

We may need to share your information with our volunteers, employees, or independent contractors to provide you with customer service, provide requested troubleshooting, manage our business affairs, or for any other legitimate business purpose.

5. Compliance with Law Enforcement or Legal Proceedings.

We may be compelled by legal process (such as a subpoena) to share your information with a governing federal, state, or local enforcement agency or in federal or state court proceedings.

6. Public Disclosure.

Please note that when you voluntarily post your Personal Information on our Website or the Platforms (e.g.: posting publicly in our Facebook group, commenting on our social media posts, sharing information during a webinar, etc.) it may be seen, saved and used by other individuals. If this happens, we cannot be held responsible for any unapproved or inappropriate use of such information. Please disclose this information at your own risk!

7. Business Transfers.

We may share with and transfer your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Rescue City, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

OUR LEGAL BASIS FOR USING AND SHARING YOUR INFORMATION

  1. Your Consent.

We may use and share your Personal Information if you have given us your clear and unambiguous consent to do so. This happens when you affirmatively enter your information into any form on our Website, or voluntarily engage with us through our Website or on any Platforms.

2. Our Contractual Obligation.

We may use and share your Personal Information if we have a contractual obligation to do so. For example, if you have purchased a product from us.

3. Your Legitimate Interest.

We may use your Personal Information if we believe that you have a legitimate interest in that use. For example, if you opt in to receive one of our free Resources, we may send you marketing emails regarding services or products that we offer that are related to those free Resources.

4. Exercise of Our Legal Rights.

We may use your Personal Information or share it with our retained legal counsel or law enforcement upon our good- faith belief that such use or sharing is:
Required to establish, protect and defend our rights, including, without limitation, our intellectual property rights;
Immediately necessary to the financial and personal safety rights of our users or the public; and/or
Necessary to investigate or respond to any actual or suspected violation of the Agreements.

YOUR RIGHTS WITH REGARDS TO OUR USE OF YOUR INFORMATION

  • You May Control or Limit Our Use of Cookies.

When you first visit our Website you will see a pop-up that will notify you of the fact that we use Cookies, will provide links to this Policy for additional information, and will ask you to confirm your understanding. Your consent to our use of Cookies is NOT required to use our Website or the Platforms. If you do not agree to our use of Cookies you have several options:

  • You can instruct your browser to opt out of all Cookies or limit when a Cookie is being sent. Our Website and Platforms will continue to function if you choose to disable your Cookies; however, it is possible that some functionality may be affected.

Controlling Cookies. You can set your browser to accept or reject all cookies or specific kinds of cookies. For more information, please click here.

Deleting Cookies. You can delete cookies stored on your computer. For more information, click here.

Removing Flash Cookies. Websites that are flash-based may embed Flash Cookies. For more information on removing them, click here.

 

  • You can stop third-party use of cookies and other tracking technologies. Some content or applications, including advertisements, on the Website are served by third parties, including Third-Party Analytics Technology providers, advertisers, ad networks and/or servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website.

The information they collect may be associated with your personal information or information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

You may control the information that we receive or stop us from receiving information from these third parties. You will need to contact these third parties and get instructions directly from them to figure out how this can be done. Additionally, there may be browser extensions that can be downloaded that block third- party tracking.

Please note, we only have control over the information that we collect, and this information is governed by this Policy. Any information collected by any third-party is subject to that party’s own privacy policy. Additionally, any privacy controls that you have set on any other third-party website or social media platform will not be applicable to our use of the information that we collect on the Website or Platforms.

  • You can activate your browser’s “Do Not Track” feature. Some web browsers have incorporated “Do Not Track” features. Most of these features, when activated, send a signal to the website you’re visiting that you do not want your actions or your data to be tracked.

We respect your decision if you want to opt-out of tracking for this website. If you choose to opt-out some features of this site, or future features of this Website may not work properly. You may not be able to share content from this site to social media sites etc.

There are no uniform “Do Not Track” standards nor is there a common definition of “tracking”, accordingly we do not recognize or respond to browser-initiated DNT requests.

 

  • You May Unsubscribe from Emails.

You may unsubscribe from our emails at any time by clicking the “Unsubscribe” link found in the footer of every email that is sent to you (except for emails that were personally sent to you in response to an inquiry).

Please note that in further compliance with the CAN-SPAM Act of 2003, we will never send you deceptive or misleading marketing messages.

Your information is safe with us and unless necessary, we will not share your email address with anyone else. We will also never sell your information to any third-party. Please see the Section titled “How and When We Share Your Information with Third Parties” for additional information.

 

  • You May Change or Update Personal Information That We Collect.

If you would like to edit any of the Personal Information that we have collected about you, please email us at rescue@rescuecity.nyc and let us know what information you would like corrected.

For your added protection we may require that you email us from the email account we have on file and associated with you.

In certain cases we may request additional information to identify you. We may also need to verify your identity and address before we process your request. If this happens, we will ask you to provide a copy of your driver’s license, government-issued ID, passport, or recent utility bill.

Please note that we may refuse your request, based on bona fide legal reasons. Please allow up to 30 days for us to respond to your request.

  • Special Privacy Rights for Users in the European Economic Area and United Kingdom.

The General Data Protection Regulation (“GDPR”) provides individuals located in the European Economic Area and the United Kingdom additional protections, which include the right to:

  • Request information about how your Personal Information is being used and request a copy of the Personal Information we have collected and are using.
  • Restrict our use of your Personal Information for marketing purposes, automated decision making, and profiling.
  • Require us to erase your Personal Information and receive confirmation of any such erasure (i.e.: the right to “be forgotten”).
  • In certain circumstances, you may also have the right to object to the processing of your Personal Information. To make such a request, please contact us at the email address provided below. We will consider and act upon any request in accordance with applicable data protection laws.
  • If we are relying on your consent to collect and use your Personal Information, you have the right to withdraw any such consent at any time; however, that this will not affect the lawfulness of the use of this Personal Information prior to its withdrawal, nor will it affect the collection and use of such Personal Information conducted in reliance on other permissible grounds.
  • Have the right to transfer your Personal Information safely from one IT environment to another, without our interference.
  • Lodge a complaint with the relevant supervisory authority if you feel we are using your Personal Information unlawfully.
    • If you are a resident of the European Economic Area, , the contact details for the data protection authorities are available here.
    • If you are a resident of Switzerland, the contact details for the data protection authorities are available here.
    • If you are a resident of the United Kingdom, the contact details for the data protection authorities are available here.
  • Have the right to claim compensation for damages caused by our breach of any data protection laws. For additional information on these rights, please click here.

Contacting Us.

The Website and the Platforms cover only US law and are targeted toward a US-based audience. However, if you are a citizen of the European Economic Area who has visited and engaged with our Website and/or Platforms and you wish to exercise your rights under the GDPR, please email us at rescue@rescuecity.nyc and provide us with:

  • Your full name, email address and billing details (if applicable);
  • What you would like us to do; and
  • If possible, information relevant to your request. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required.

For your added protection we may require that you email us from the email account we have on file and associated with you. In certain cases, we may request additional information to identify you.

We may also need to verify your identity and address before we process your request. If this happens, we will ask you to provide a copy of your driver’s license, government-issued ID, passport, or recent utility bill.

We are obligated to process your request in as timely a manner as possible; however, some requests may take up to 30 days for a response. In cases where additional information or verification from you is required and such information or verification is delayed, it may take longer.

We are obligated to provide you with all requested information free of charge and in an easy to read and understand form. However, please note that we may not always be able to grant your requests. We may have a lawful basis for retaining certain information, for example for mandatory record-keeping purposes.

 

  • Special Privacy Rights for California Residents.

California Civil Code Section §1798.83 (the California “Shine the Light” law) permits users of our Website that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. This request can be made once a year and will be provided free of charge.

Am I a California “resident”?

Under the California Code of Regulations a “resident” is defined as (1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

 

Pursuant to this Policy, in the last twelve (12) months, we may have collected the information in the Section titled “YOUR INFORMATION: HOW IT IS COLLECTED AND HOW WE ARE USING IT”. In the past twelve (12) months we also may have disclosed some of your Personal Information to third parties for business or commercial purposes. The third

parties to whom we may have disclosed this Personal Information for business or commercial purposes can be found in the Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD-PARTIES”.

California residents have the following specific rights with regard to their Personal Information:

  • You can ask us to delete your Personal Information. If you make any such request, we will honor your request, subject to certain exceptions provided by law, including, but not limited to, the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
  • Depending on the circumstances, you can request to know:
    • Whether we have collected and used your Personal Information;
    • The general categories of personal information that we collect;
    • How we use your collected Personal Information;
    • Whether we sell your Personal Information to third parties;
    • The general categories of personal information that we sold or disclosed for a business purpose;
    • The third parties to whom your Personal Information was sold or disclosed for a business purpose; and
    • The business or commercial purpose for collecting or selling personal information.
  • You have the right not to be discriminated against if you exercise your privacy rights.
  • You have the right to object to the processing of your personal information.
  • You may request to correct your personal data if it is incorrect or no longer relevant or ask to restrict the processing of the data.
  • You can designate an authorized agent to make a request under the CCPA on your behalf.
  • You may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

 

Contacting Us.

To exercise these rights, you can contact us by email at rescue@rescuecity.nyc, or by referring to the contact details below. If you have a complaint about how we handle your data, we would like to hear from you.

For your added protection we may require that you email us from the email account we have on file and associated with you. In certain cases, we may request additional information to identify you.

We will only use personal information provided in your request to verify your identity or authority to make the request. We will avoid requesting additional information from you for the purposes of verification, if at all possible; however, if we cannot verify your identity from the information that we already have, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We may also need to verify your identity and address before we process your request. If this happens, we will ask you to provide a copy of your driver’s license, government-issued ID, passport, or recent utility bill. We will delete such additionally provided information as soon as we finish verifying you.

Please note, if you are using an authorized agent to make your request, we may deny any such request it your authorized agent does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

 

  • Special Rights for Canadian Residents.

The Personal Information Protection and Electronic Documents Act (“PIPEDA”) provides individuals located in Canada additional protections, which include the right to:

  • Access the personal information that we hold about you.
  • Request that we correct or delete any inaccurate personal information that we may hold about you.

Contacting Us.

The Website and the Platforms cover only US law and are generally targeted toward a US-based audience. However, if you are a citizen of Canada who has visited and engaged with our Website and/or Platforms and you wish to exercise your rights under the PIPEDA, please email us at rescue@rescuecity.nyc.

We are obligated to process your request in as timely a manner as possible; however, some requests may take up to 30 days for a response. In cases where additional information or verification from you is required and such information or verification is delayed, it may take longer.

We are obligated to provide you with all requested information free of charge, unless it is reasonable for us to charge a small fee, in which case we will notify you of the same.

However, please note that we may not always be able to grant your requests. We may have a lawful basis for rejecting your request. If this is the case, we will promptly notify you of the same and let you know what other options you may have.

 

INFORMATION RETENTION PERIOD

Unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements, we will only keep your Personal Information for as long as we have an ongoing legitimate business need to process your Personal Information or as long as it is necessary to comply with any of our legal obligations to you, to resolve any disputes, and enforce any of the Agreements.

If you have created a user account with us, your Personal Information will not be kept upon the deactivation or deletion of your account.

If you have requested that we alter or delete any of your Personal Information we will honor all legitimate requests.

In the case of our mailing list, you may unsubscribe at any time. As a general principal, we delete email subscribers that have not engaged with our emails for twelve (12) or more months.

In any of the circumstances above, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

We do not personally store any Web-Based Activity Information, it is stored by our respective Third-Party Vendors and the retention period varies between each platform. For exact information, you may reach out to these Third-Party Vendors directly.

 

TRANSFER OF YOUR INFORMATION

Our Website and Platforms are operated and located in the United States. Our Third-Party Vendors are also located in the United States (or possibly in other countries).

 

International Transfer of Your Information for Users Outside of the United States.

If you are accessing the Website from outside the United States, please be aware that your information may be transferred to, stored, and processed by us and our Third-Party Vendors in the United States or other countries. If you are a citizen of the European Economic Area or the United Kingdom, by visiting and actively engaging with this Website and the Platforms, you consent to any such transfer.

Residents of the European Economic Areas and the United Kingdom should also be aware that the United States and some of these other countries where our Third Party Vendors are located do not have data protection laws that are as stringent as the GDPR. We will however take all necessary measures to protect your Personal Information in accordance with this Policy and applicable law.

To ensure that your information is secure, we have implemented measures to protect your Personal Information, including by using the European Commission’s Standard Contractual Clauses for transfers of Personal Information between our Affiliates, Business Partners and in the case of any Business Transfers. These clauses require all recipients to protect all Personal Information that they process originating from the EEA in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request.

We use all reasonable efforts to ensure that any Third-Party Vendors that provide services to us are GDPR-compliant, but we cannot make any guarantees. When your information is shared with our Third-Party Vendors, we have no control over their actions and your information that is collected, transferred, saved and/or processed is done so in accordance with their own privacy policies, practices and in compliance with their local regulatory laws.

 

SECURITY OF YOUR INFORMATION

We take the security of your information very seriously and we use all commercially-reasonable means to protect this information. Although we will do our best to protect your Personal Information, you should only access the Website within a secure environment, and you agree that you access the Website at your own risk.

We have implemented appropriate internal security measures to prevent your Personal Information from being inadvertently lost, accessed or misused. Your Personal Information is only shared on a “need-to-know” basis, and only with the trusted parties listed in the Section “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD PARTIES” or with our personal legal counsel, as explained in the Section “OUR LEGAL BASIS FOR USING AND SHARING YOUR INFORMATION”.

That said, no method of transmission over the internet or electronic storage method is completely secure and we cannot guarantee that your Personal Information will be kept absolutely secure from hackers, cybercriminals, or other unauthorized third parties who are able to defeat our security, and improperly collect, access, steal, or modify your information, especially when your information is transferred to, stored and processed by our Third-Party Vendors.

If such a data breach occurs, we have internal procedures in place to deal with any such breach and when we are legally required to do so, we will notify you of the same.

 

THIRD-PARTY SITES

The Website may contain links to third-party web sites and service providers that are not owned or operated by us. The Website may also contain advertisements from third parties that are not affiliated with us and which link to other websites, online services or mobile applications. Any data collected by third parties is not covered by this Policy. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites, services, or applications. You should review the policies of such third parties and contact them directly to respond to your questions.

While we do retain limited control over our Platforms (such as our social media pages), and the information you provide directly to us through those Platforms are governed by this Policy, your individual use of any such third-party websites or services is also covered by their own respective privacy policies. We recommend that you review these privacy policies before submitting your information.

 

CHANGES AND UPDATES TO THIS POLICY

We may, from time to time decide, in our sole discretion, to revise and update this Policy. All changes will become effective immediately when they are posted.

Your continued use of the Website and the Platforms following the posting of changed Policy means that you accept and agree to the changes.

You are expected to check this page from time to time so you are aware of any changes. If you are on our mailing list, we may email you about any significant changes.

 

CONTACTING US

If you have any questions or concerns about this Policy or would like to exercise any of your rights under this Policy, please contact us at rescue@rescuecity.nyc.

               

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