PRIVACY POLICY

Last Effective Date: February 9, 2022

INTRODUCTION

This Website Privacy Policy (the “Privacy Policy”) addresses information collected by Andrews Wharton Inc. (“Company”; “we”; “us”; or “our”) when you visit https://seniorlifefyi.com (our “Website”).

OVERVIEW

We sell and share the Personal User Information we collect from you on this Website with third parties who will use that information to contact you about their own products and services. “Marketing Partners” are third party companies that are unaffiliated with us.

 

You do have choices about your information, the ability to opt-out of some uses and the right to contact us regarding your information.  See the section below titled DATA ACCESS, YOUR CHOICES & OPT-OUT.

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should not use the Website. By accessing or using this Website, you agree to this Privacy Policy.  If you have questions, you can always contact us using the information in the section below titled CONTACT US.

INFORMATION COLLECTION

The categories of information we may collect through this Website are:

 

1.    Personal User Information – such as a name,email address, physical address, telephone number and any other information that identifies you as an individual person.

2.    Non-Personal User Information – such as demographic information, general interests and information that has been aggregated or anonymized so that it does not identify you as an individual person.

3.    Personal User Information – such as information about your equipment, browsing actions, and patterns, information about your device and internet connection, including your IP address, operating system,and browser type, provided such information does not identify you as an individual person.

 

Personal User Information is only collected from you when you voluntarily provide it to us.

 

Browsing Information is automatically collected through various means such as cookies.  "Cookies" are pieces of information that may be placed on your device by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies(and similar items such as clear gifs, web beacons, tags, etc.) on our Website to customize your visit, to remember your preferences, to analyze how you use our Website and for other purposes to make your visit more convenient or to enable us to enhance our services. Cookies and similar items are not used by us to automatically retrieve Personal User Information from your device without your knowledge but may be used to store your login credentials. We may use both first and third-party cookies. First-party cookies are those set by us on your device. Third-party cookies (like those used by Google Analytics and social media platforms described below) are cookies that are set by a domain and party other than us.

 

We may use Google Analytics, which is a web analytics service provided by Google, Inc. (“Google”) and similar services to collect certain information relating to your use of the Website. Such services may use cookies to help the Website analyze how users use the Website. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners’ sites or apps”.

HOW WE USE AND DISCLOSE YOUR INFORMATION

Use by Company

We may use information that we collect from you or that you provide to us:

•      To provide our Website and its contents to you;

•      To personalize the content and experiences you receive;

•      To provide you with information, products, or services that you request from us;

•      To fulfill any other purpose for which you provided the information (such as sending you a free guide or other materials);

•      To provide you with notices about our Website;

•      To carry out our obligations and enforce our rights arising;

•      In any other way we may describe at the time you provide the information; and

•      For any other purpose with your consent.

 

Disclosures by Company

We may disclose and share your information that you provide as described in this Privacy Policy or otherwise with your consent.

 

Personal User Information – Sales and Sharing with Third Parties

We sell and share the Personal User Information we collect from you on this Website with third parties who will use that information to contact you about their own products and services. If you do not want your Personal User Information used this way, then please see the instructions in the section below titled DATA ACCESS, YOUR CHOICES & OPT-OUT.

 

Personal User Information – Other Uses

•     To contractors, service providers, and other third parties we use to support our business, but such parties are only allowed to use the information for the benefit of us;

•     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 Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by Company about our Website users is among the assets transferred;

•     To comply with any court order, law, or legal process, including to respond to any government or regulatory request;

•     With your consent;

•     To enforce or apply our policies; and

•     If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our users, partners or others.

 

Browsing Information

Browsing Information may be disclosed to any number of third parties and used for any number of purposes as long as it is not directly linked to your Personal User Information.

HOW THIRD PARTIES USE AND DISCLOSE YOUR INFORMATION

Our Website may have links, plugins and other interactions with third parties, such as social media platforms and other third parties who are not under the control of Company. In addition, the Website may have third party cookies (described above) from such third parties. We are not responsible for the privacy practices of any websites or services we link to on our Website,and you should read the privacy policies of each site you visit to determine what information that site may collect about you. If you have a previous relationship with a third party, such as a social media platform, then they may recognize you and combine information collected through this Website with information they already possess about you. As described in this Privacy Policy, we may work with social media platforms to target advertisements to you while you are on their services based on your visits to our Website.

DATA RETENTION

We will retain your information for as long as needed for us to manage and provide our services and for our reasonable business needs. Even if we delete some or all of your Personal User Information, we may continue to retain and use anonymous data previously collected.

DATA ACCESS,YOUR CHOICES & OPT-OUT

We provide you with choices regarding the information you provide to us.

 

Personal User Information

•      Delete/Modify/Copy – If you would like to delete, modify or receive a copy of your Personal User Information, you may contact us at privacy@andrewswharton.com.

•      Categories – If you would like to receive the categories of Personal User Information collected about you, the categories of sources from which the Personal User Information is collected, the purpose for collecting and selling the Personal User Information, the categories of third parties which whom we share the Personal User Information and the specific pieces of Personal User Information collected about you, then you may contact us at privacy@andrewswharton.com.

•      Do Not Sell My Personal Information – If  you would like us to simply not sell your Personal User Information to a third party, then you may opt out of such disclosures by sending an email to us at privacy@andrewswharton.com.

 

Browsing Information

You may stop or restrict the placement of cookies on your device or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Website, but it may interfere with some of its functionality. Further information on cookies is available at you would like to delete, modify or receive a copy of your Personal User Information, you may contact us at www.allaboutcookies.org.

 

Except for our service providers, we are not responsible for removing your information from the lists of any third party who has previously been provided with your information in accordance with this Privacy Policy.

CALIFORNIA RESIDENTS

The California Consumer Privacy Act (CCPA) provides California residents with the additional rights listed below.

 

Right to Know

You have the right to know and see what data we have collected about you over the past 12 months, including:

•     The categories of personal information we have collected about you;

•     The categories of sources from which the personal information is collected;

•     The business or commercial purpose for collecting your personal information;

•     The categories of third parties with whom we have shared your personal information; and

•     The specific pieces of personal information we have collected about you.

 

Right to Delete

You have the right to request that we delete the personal information we have collected from you. There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

•     Complete your transaction;

•     Provide you a good or service;

•     Perform a contract between us and you;

•     Protect your security and prosecute those responsible for breaching it;

•     Fix our system in the case of a bug;

•     Protect the free speech rights of you or other users;

•     Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);

•     Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;

•     Comply with a legal obligation; or

•     Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

 

Other Rights

You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

 

Exercising Your California Privacy Rights

To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us using one of the following methods:

 

•     Email:  You may write to us to exercise rights. Please include your full name, email address, phone number, and state of residence, along with the right you wish to exercise, so that we can process your request in an efficient manner. Please email us at privacy@andrewswharton.com.

•     Phone:  You may phone us to exercise rights. Please include your full name, email address, phone number, and state of residence, along with the right you wish to exercise, so that we can process your request in an efficient manner. Please phone us at  1-866-628-1150.

•     Web Form: You may complete the form below to exercise your rights. By submitting a web form request, the personal information that you provide will be used to determine what data, if any, is maintained within our systems.

 

Response Timing

We aim to respond to a consumer request for access or deletion within as soon as possible. If we require more time, we will inform you of the reason and extension period in writing.

Do Not Sell My Personal Information


By submitting a Do Not Sell My Personal Information Request, the personal information that you provide will be used to determine what data, if any, is maintained within our systems.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

By submitting this form, I confirm that I am the person whose name appears on the form, I am a resident of California, and that the information I have provided is accurate. I understand that Andrews Wharton Inc. may contact me to validate my identity. I consent to having Andrews Wharton Inc. collect and store my information provided to maintain a suppression list.

SECURITY

We take the security of our data and information seriously. We take what we believe are reasonable precautions to protect against unauthorized access to our systems and to prevent data from being disclosed to unauthorized parties. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.

CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy at our discretion at any time. If we do make any changes, such change will appear on this page of our Website. It is your responsibility to periodically review the Privacy Policy. The date the Privacy Policy was last revised is identified at the top of the page. Your continued using of the Website following any changes means that you have accepted, consent to, and agree to be bound by such revised Privacy Policy.

CHILDREN & MINORS

Our Website is not intended for minors under 18 years of age. No one under age 18 should provide any Personal User Information through the Website. We do not knowingly collect personal information from minors under 18. If we learn that we have collected or received personal information from a minor under 13 without verification of parental consent, we will delete that information. If you believe we might have any personal information either from or about a minor under 13, please contact us at privacy@andrewswharton.com.

UNITED STATES OF AMERICA

Our Website is maintained in the United States of America ("USA") and is only intended for users in the USA despite the fact that the Website may accessible outside the United States. By using the Website, you authorize the export of Personal User Information to the USA and its storage and use as specified in this Privacy Policy. Information stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

CONTACT US

We If you have any questions about this Privacy Policy, please contact us at privacy@andrewswharton.com.

 

Terms and Conditions

Last Effective Date: February 9, 2022

INTRODUCTION

Welcome to https://seniorliving-fyi.com (the “Website”). This Website is maintained and operated by Andrews Wharton Inc. (“Company”, “we”, “our” or“us”). YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.

Accessibility

If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at privacy@andrewswharton.com. Our hours of operations are: 9:00am ET – 5:00pm ET.

Seek Professional Advice

The information contained in or made available through this Website cannot replace or be a substitute for the services of trained medical, healthcare, insurance or finance professionals. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. You should also consult with a financial advisor. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website.

Authorized Use of Website

This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Company.

Unauthorized Use of Website

You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

 

Proprietary Rights

Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights,trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials, such ascertain third-party licensors. By using the Website, you agree not to copy,distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Company.

 

Third Party Links

This Website may contain links to other Websites not maintained by us.Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.

 

No Warranties

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE,COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "ASIS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES,INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

 

IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT,STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID DIRECTLY TO COMPANY ON THIS WEBSITE FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS ($100).

 

Changes

All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website.You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

 

Indemnification

You agree to indemnify, defend and hold harmless Company, its employees,directors, officers, agents, business partners, affiliates, contractors,distribution partners and representatives from and against any and all claims,demands, liabilities, costs or expenses, including attorney’s fees and costs,arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law or(iv) disputes between you and a third party product or service you have accessed or been connected to through the Website.

 

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction,such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

 

Waiver; Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

 

Governing Law; Dispute Resolution; Arbitration

The laws of the State of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claims")are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

 

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org  

 

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you orus. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

 

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

 

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

 

Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION,COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION,PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS,NON-REPRESENTATIVE) BASIS.

 

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated herein by reference.

 

Questions

Should you have any questions regarding these Terms and Conditions you may contact us at privacy@andrewswharton.com.