- What you can expect from us, which describes how we provide and develop our services
- What we expect from you, which establishes certain rules for using our services
- Content in services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, The Middle Six, or others
- In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms
Understanding these terms is important because, by using our Website and any Online Services, you’re agreeing to these terms.
The Website is operated by The Middle Six LLC. Throughout the site, the terms “we”, “us” and “our” refer to The Middle Six. The Middle Six offers the Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Websites is owned, controlled or licensed by or to The Middle Six and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete or current. The materials on the Website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on the Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
Occasionally there may be information on the Website, Content or contained in Online Services that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Online Services or on any related website is inaccurate at any time without prior notice (including after you have connected).
We undertake no obligation to update, amend or clarify information in the Online Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Online Services or on any related website, should be taken to indicate that all information in the Online Services or on any related website has been modified or updated.
The Website offered by Company is not directed towards children under the age of 18. By using our Website, you are warranting you are at least 18 years of age.
We cannot guarantee that your computer monitor's display of any color will be accurate. The Middle Six reserves the right to correct any errors, inaccuracies, or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you connected with us).
Availability and Online Exclusives
Availability for our services is subject to change without notice and may only be available online.
Limits on purchases and services
We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any service made on this site is void where prohibited.
Periodically, links may be established from the Website to one or other external websites or resources operated by third parties (the “Third-Party Sites”). The Middle Six provides these links for your convenience only. In addition, certain Third-Party Sites also may provide links to the Website. At no time shall any such inbound or outbound links be deemed to imply that The Middle Six endorses or approves the Third-Party Sites or any content therein. The Middle Six does not control and is not responsible or liable for, and does not make any representations or warranties concerning, any Third-Party Sites or any content, advertising, products, or other materials on or available from such third-party sites.
Access to any third-party sites is at your own risk. The Middle Six will have no liability arising out of or related to such Third-Party Sites to the fullest extent permissible by applicable law. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Without limiting the foregoing, linking to the Website is strictly prohibited absent express written permission from The Middle Six. In addition, framing, in-line linking, or other association of the Website or its contents with links, advertisements, and/or other information not originating from the Website is expressly prohibited.
- using the Website, Content and/or Online Services:
- for any unlawful purpose;
- to solicit the performance of any illegal activity or other activity which infringes the rights of The Middle Six or others;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to collect or track the personal information of others;
- to upload or transmit viruses or any other type of malicious code or take any other action that will or may be used in any way that will affect the functionality or operation of the Website, Content, Online Services or of any related website, other websites, or the internet;
- to spam, deep-link, robot, phish, pharm, pretext, spider, crawl, page scrape or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to i) access, acquire, copy or monitor any portion of the Website or Content, ii) in any way reproduce or circumvent the navigational structure or presentation of the Website or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website, or iii) gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Website or to any The Middle Six server, or to any of the services offered on or through the Website; and/or
- probing, scanning, or testing the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website,
- exploiting the Website or Online Services or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided on the Website;
- interfering with or circumventing the security features of the Website, Content, Services or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Website, Content, Online Services or any related website for violating any of the prohibited uses.
We do not warrant that the quality of any services, information, or other material obtained by you will meet your expectations, or that any errors in the Online Services will be corrected. We do not guarantee, represent or warrant that your use of the Online Services will be uninterrupted, timely, secure or error-free. Additionally, we do not warrant that the results that may be obtained from the use of the Online Services will be accurate or reliable.
You agree that from time to time we may remove Online Services for indefinite periods of time or cancel any Online Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Online Services is at your sole risk. The service and all services delivered to you through Online Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
By using the Website, you understand and agree that the Website and Content are provided "as is" and "as available." All Content and information provided on the Website is subject to change without notice.
Neither The Middle six, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (I) the Website or Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Website will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations; (iv) the information, software, or other material available on or accessible through the Website is free of viruses, worms, Trojan horses, or other harmful components; or (v) Content will remain unchanged or accessible on the Website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and agree that The Middle Six will have no liability for any negligence or lack of due care in failing to protect the security of the Website.
LIMITATION OF LIABILITY
In no case shall The Middle Six, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (I) out of the use of or inability to use the Websites and/or any Content; (ii) from any interruption in the availability of the Website and/or Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Website, or transactions entered into, through or from the Website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the sites; (vii) from any delay or failure of the Website arising out of causes beyond The Middle Six’s control; (viii) out of the use of, reference to, or reliance on, the Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on Third-Party Sites; or (xi) out of any other matter relating to the Website or Content.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. No action, regardless of form, arising out of the transactions under this Agreement may be brought by you more than twelve (12) months after the cause of action first arose.
You and we agree, pursuant to the E-Sign Act ('the Electronic Signatures in Global and National Commerce Act', as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
The Middle Six understands that you care about how information about you is collected, used, and shared, and we appreciate that you trust this information with us. We take your privacy very seriously and are committed to protecting your information. We act in accordance with applicable data protection and privacy laws when collecting and using information about you.
Should you have any comments or questions about how we collect and use your personal information, please reach out via email to email@example.com.
This Site is not intended for individuals under the age of 18. We do not knowingly collect personal information directly from individuals under 18 years of age. Our services are not intended for individuals under 18 years of age. If you are under 18 years of age, you should not submit or post personal information on our Site.
- Key Terms. It would be helpful to start by explaining some key terms used in this policy:
|We, us, our||The Middle Six|
|Personal information||Any information relating to an identified or identifiable individual|
- Personal Information Collection and Use. We collect information about you and your use of this Site through various means, including information we receive from you on Site forms, as well as through your access, use, or interaction with this Site. Such processing is utilized to provide this Site to visitors.
Please do not submit any confidential, proprietary, or sensitive personally identifiable information (e.g., Social Security Number or Driver’s License Number) to us through this Site. We are not liable or responsible for any consequences resulting from the submission of this personally identifiable information through this Site. If you do submit this information, you do so at your own risk.
Where we gather your information using consent, your opt-in consent will be clearly obtained. You may withdraw this consent at any time by contacting us at firstname.lastname@example.org.
- Personal Information We Collect About You.We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
|Categories of Personal Information||Specific Types of Personal Information Collected by The Middle Six|
|Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)||Name, email address, phone number.|
|Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.||Name, email address, phone number.|
|Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)||We do not collect.|
|Biometric information||We do not collect.|
|Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)||The information we collect could be aggregate and/or user-specific individual information but does not reveal your specific identity (like your name and/or contact information). This information is primarily needed to maintain the security and operation of our Site and for internal analytics and reporting purposes. This information includes device characteristics (including operating system and name), your IP address, browser characteristics, communication data, referring URLs (what web websites or search terms that referred you to the Site), how and when you use our and other technical information, time zone, location, country, language preferences and patterns of use (information on the individual web pages or services you view on our Site, and browsing and navigation patterns within our Site).|
|Geolocation data||We do not collect.|
|Audio, electronic, visual, thermal, olfactory, or similar information||We do not collect.|
|Professional or employment-related information||We do not collect.|
|Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)||We do not collect.|
|Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes||We do not collect.|
This personal information is required to provide products and/or services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing products and/or services to you.
- How Your Personal Information is Collected. We collect most of this personal information directly from you—by email and/or via our Site. However, we may also collect information:
- Directly from a third party (e.g., sanctions screening providers, credit reporting agencies, or customer due diligence providers);
- From cookies on our Site;
- Google Analytics*; and
- Via our IT systems, including automated monitoring of our Site and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems.
* Google Analytics uses persistent cookies to allow The Middle Six to see behavior information relating to visitor age, gender, and interests. Athena may also use this data to create remarketing lists. You can opt out of Google Analytics without affecting how you visit this Site. For more information on opting out of Google Analytics tracking and customizing Google Display Network ads, visit Google’s Ad Settings.
- How and Why We Use Your Personal Information. Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.,:
- To comply with our legal and regulatory obligations;
- For our legitimate interests or those of a third party; or
- Where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
|What we use your personal information for||Our reasons|
|To prevent and detect fraud against you or The Middle Six||For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you|
|Conducting checks to identify our customers and verify their identity
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with professional, legal, and regulatory obligations that apply to our business, e.g., under health and safety regulation or rules issued by our professional regulator
|To comply with our legal and regulatory obligations|
|Gathering and providing information required by or relating to audits, inquiries, or investigations by regulatory bodies||To comply with our legal and regulatory obligations|
|Ensuring business policies are adhered to, e.g., policies covering security and internet use||For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best product|
|Operational reasons, such as improving efficiency, training, and quality control||For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best product|
|Ensuring the confidentiality of commercially sensitive information||For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations
|Statistical analysis to help us manage our business, e.g., in relation to our financial performance, customer base, product and/or service range or other efficiency measures||For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price|
|Preventing unauthorized access and modifications to systems||For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations
|Updating and enhancing customer records||For the performance of our contract with you or to take steps at your request before entering into a contract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about existing orders and new products
|Statutory returns||To comply with our legal and regulatory obligations|
|Ensuring safe working practices, staff administration and assessments||To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g., to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
|Marketing our services and those of selected third parties to:
¾ existing and former customers;
¾ third parties who have previously expressed an interest in our services;
¾ third parties with whom we have had no previous dealings.
|For our legitimate interests or those of a third party, i.e., to promote our business to existing and former customers|
|External audits and quality checks, e.g., for ISO or Investors in People accreditation and the audit of our accounts||For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards
To comply with our legal and regulatory obligations
The above table does not apply to special category personal information, which we will only process with your explicit consent.
- Do Not Track. Most web browsers and some mobile operating systems and mobile applications include a “do not track” feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored or collected. Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail above, we track user activity using cookies and similar technologies.
- Who We Share Your Personal Information With. We routinely share personal information with:
- Business partners – These are businesses that we work with to offer you certain services or promotions.
- Non-affiliated service providers – These non-affiliated service providers may offer services like, but not limited to, payment processing, data analysis, email delivery, hosting services, customer service, marketing efforts, etc. These companies may use information about your visits to this Site and other websites that are contained in cookies to provide services, advertisements, or to collect data about how you interact with this Site over time
- Government and regulatory authorities – We may provide information to government and regulatory bodies to provide the services you have purchased or because of legal and regulatory obligations on our business.
- Auditors and financial and legal advisors – We may need to provide information to assist with provision of services or management of our business.
- Relevant industry self-regulatory bodies – We may need to provide information to assist with provision of services or management of our business.
- Others only as permitted by law
We only allow our service providers to handle your personal information if we are satisfied, they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We do not sell your personal information, and we have contracts with service providers to prohibit any sale of your personal information and to provide written assurances regarding the security and privacy protections they have in place to protect your personal information.
- Personal Information We Disclosed for a Business Purpose. In the preceding 12 months, we have disclosed to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
- Identifiers (e.g., a real name, email address, or other similar identifiers);
- Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, telephone number;
- Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement);
- Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
- Where Your Personal Information is Held. Information may be held at our offices and those of our third-party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).
- How Long Your Personal Information Will Be Kept. We will keep your personal information while you work with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:
- To respond to any questions, complaints or claims made by you or on your behalf;
- To show that we treated you fairly; or
- To keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymize it.
- Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:
|Disclosure of Personal Information We Collect About You||You have the right to know:
· The categories of personal information we have collected about you;
· The categories of sources from which the personal information is collected;
· Our business or commercial purpose for collecting or selling personal information;
· The categories of third parties with whom we share personal information, if any; and
· The specific pieces of personal information we have collected about you.
Please note that we are not required to:
· Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
· Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
· Provide the personal information to you more than twice in a 12-month period.
|Personal Information Sold or Used for a Business Purpose||In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, email email@example.com.
|Right to Deletion||Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
· Delete your personal information from our records; and
· Direct any service providers to delete your personal information from their records.
· Please note that we may not delete your personal information if it is necessary to:
· Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
· Debug to identify and repair errors that impair existing intended functionality;
· Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
· Comply with the California Electronic Communications Privacy Act;
· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
· Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
· Comply with an existing legal obligation; or
· Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
|Protection Against Discrimination||You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
· Deny goods or services to you;
· Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
· Provide a different level or quality of goods or services to you; or
· Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.
- Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
- Email us at firstname.lastname@example.org.
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
If you choose to contact directly by email or phone, you will need to provide us with:
- Enough information to identify you (e.g., your full name, address and customer or matter reference number));
- Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility bill); and
- A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
- Linking to Third Parties. When you leave this Site and go to another linked website, we are not responsible for the content or availability of the linked website. Please be advised that if you enter into a transaction on the third-party website, we do not represent either the third party or you. Further, the privacy and security policies of the linked website may differ from those practiced by us.