Terms of Use

Agreement Between You and The Association on Higher Education And Disability

www.ahead.org is made up of the www.ahead.org pages operated by the Association on Higher Education And Disability, 8015 West Kenton Circle, Suite 230, Huntersville, NC 28078. This Terms of Use and Notices applies to www.ahead.org and does not apply to the content of third parties. www.ahead.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of www.ahead.org constitutes your agreement to all such terms, conditions, and notices. Your use of a particular www.ahead.org page included within www.ahead.org may also be subject to additional terms outlined elsewhere in this agreement.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms, then these terms shall control.

Modification of These Terms of Use

AHEAD reserves the right to change the terms, conditions, and notices under which the www.ahead.org Sites/Services are offered, including but not limited to access to member benefits. You are responsible for regularly reviewing these terms and conditions and additional terms posted where applicable. Your continued use of the www.ahead.org Sites/Services constitutes your agreement to all such terms, conditions, and notices.

Personal and Non-commercial Use Limitation

Unless otherwise specified, the www.ahead.org Sites/Services including the Membership Directory are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the www.ahead.org Sites/Services.

Use of Services

The www.ahead.org Sites/Services may contain membership directory data, e-mail services, bulletin board services, chat areas, and/or other message or communication facilities designed to enable you to communicate with the Association or other members (collectively, "Communication Services"). You agree to use the Communication Services only to print, post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Reproduce Membership Directory Information for any purpose other one's personal reference.
  • Reuse Membership Directory Information for any purpose.
  • Reproduce, Use or Reuse membership Directory information for any marketing, sales, advertising or other commercial purpose.
  • Provide copies of membership directory information in any form, including, but not limited to, email, fax, telephonic, or other electronic or any other means of transmitting such date.
  • Use the Communication Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of members or users of an www.ahead.org Site/Service(s) or other user or usage information or any portion thereof.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, download or otherwise make available, reproduce or reuse files that contain Membership Directory Information, images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the www.ahead.org Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.

AHEAD has no obligation to monitor the Communication Services. However, AHEAD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AHEAD reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

AHEAD reserves the right at all times to disclose any information as AHEAD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AHEAD's sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

Member Account, Password, and Security

If any product or service offered on www.ahead.org requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AHEAD immediately of any unauthorized use of your account or any other breach of security. AHEAD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AHEAD or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Links to Third Party Sites

The www.ahead.org Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of AHEAD and AHEAD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AHEAD is not responsible for webcasting or any other form of transmission received from any Linked Site nor is AHEAD responsible if the Linked Site is not working appropriately or is inaccessible to persons with disabilities. AHEAD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AHEAD of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the www.ahead.org Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AHEAD shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use

As a condition of your use of the www.ahead.org Sites/Services, you will not use the www.ahead.org Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the www.ahead.org Sites/Services in any manner that could damage, disable, overburden, or impair any www.ahead.org Site/Service(s) (or the network(s) connected to any www.ahead.org Site/Service(s)) or interfere with any other party's use and enjoyment of any www.ahead.org Site/Service(s). You may not attempt to gain unauthorized access to any www.ahead.org Site/Service, other accounts, computer systems or networks connected to any www.ahead.org Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the www.ahead.org Sites/Services.

Software and Content Available Through the AHEAD Websites/Services

All content and software (if any) that is made available to view and/or download in connection with the www.ahead.org Sites/Services ("Software"), is owned by and is the copyrighted work of AHEAD and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of this license agreement, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, AHEAD hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular www.ahead.org sites/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE www.ahead.org SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE www.ahead.org SITES/SERVICES AND TO THE INFORMATION THEREIN. AHEAD MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE www.ahead.org SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE www.ahead.org SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, EDUCATIONAL OR LEGAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOU SPECIFICALLY AGREE THAT AHEAD SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN AHEAD SITE/SERVICE. YOU SPECIFICALLY AGREE THAT AHEAD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT AHEAD IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN www.ahead.org SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL AHEAD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE www.ahead.org SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE www.ahead.org SITES/SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE www.ahead.org SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE www.ahead.org SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE www.ahead.org SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE www.ahead.org SITES/SERVICES.

AHEAD MAKES NO WARRANTY THAT ANY AHEAD SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Termination/Access Restriction

AHEAD reserves the right, in its sole discretion, to terminate or suspend your access to www.ahead.org Site/Service(s) for inactivity, which is defined as failing to maintain active, paid in full membership in AHEAD, as determined by AHEAD. Upon termination of the www.ahead.org Site/Service, your right to use the www.ahead.org Site/Service immediately ceases. AHEAD shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

No Spam; Damages

AHEAD will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay AHEAD liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay AHEAD's actual damages, to the extent such actual damages can be reasonably calculated.

General

This agreement is governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Franklin, Ohio, U.S.A. in all disputes arising out of or relating to the use of the www.ahead.org Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AHEAD as a result of this agreement or use of the www.ahead.org Sites/Services. You agree to indemnify and hold AHEAD, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the www.ahead.org Sites/Services. AHEAD reserves the right to disclose any personal information about you or your use of the www.ahead.org Sites/Services, including its contents, without your prior permission if AHEAD has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of AHEAD or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. AHEAD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AHEAD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.ahead.org Sites/Services or information provided to or gathered by AHEAD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AHEAD with respect to the www.ahead.org Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AHEAD with respect to the www.ahead.org Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Trademark Notices

All contents of the www.ahead.orgs are: Copyright © 2018 AHEAD, 8015 West Kenton Circle, Suite 230, Huntersville, NC 28078, U.S.A., except for those documents considered to be in the public domain, including, but not limited to, letters of finding issued by the U.S. Dept. of Education, Office for Civil Rights, documents copyrighted by others and found on the www.ahead.org as a public service, and the content of Linked Sites. All rights reserved.

TRADEMARKS. AHEAD logo, and AHEAD products and services referenced herein may also be either trademarks or registered trademarks of AHEAD in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to AHEAD, c/o Law Office of Jo Anne Simon, 356 Fulton Street, Brooklyn, New York 11201. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Notice shall be in writing and shall be deemed delivered by commercial overnight delivery service, by courier, Certified or Registered mail with Return Receipt Registered or by hand to the address set forth above AHEAD. Notice shall be deemed given on the date of receipt as evidenced in the case of Certified or Registered Mail by Return Receipt.

Membership Directory

This Terms of Use applies to the AHEAD Membership Directory. When you use the Membership Directory site and services you agree to abide by these Terms and any additional terms, conditions and notices appearing on the www.ahead.org.

Privacy Policy

Association on Higher Education And Disability (“AHEAD”) is committed to protecting your privacy. We offer our members an expanded suite of engagement capabilities, including online and mobile communities, and marketing automation services.

This Privacy Policy explains our data practices regarding Personal Data (as defined below) and other information that we collect in connection with:

(i) your use of the website www.ahead.org (where you can learn more about the AHEAD’s products and services, and request for information and content).

(iii) events you may attend to (for example, webinars and conferences).

By using our Websites and/or the Apps, you consent to policies and practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use our Websites or Apps.

Our Collection of Your Personal Data

AHEAD collects and uses information that, alone or in combination with other information, could be used to identify you (“Personal Data”) in order to deliver our products and services, process applications to join programs, inform you of various opportunities, and provide support, as described below (please also see the “How We Use Information” section below).

Personal Data That You Voluntarily Provide To Us. AHEAD primarily collects Personal Data provided to us by individuals when they interact with our products, services, and customer service. For example, you may voluntarily provide us with Personal Data when you sign up to participate in our blogs, sign up for a seminar, ask to download content (such as a white paper or a brochure), submit a web form, call or email us directly, request a demonstration of our products or services, or submit your business card.

The types of Personal Data that we collect vary based on the services offered on the Websites and Apps, but generally include your name, address, telephone number, company name, job title, e-mail address, and other information that you voluntarily submit to us.

Moreover, when you create a profile in the AHEAD website (www.ahead.org), we will collect the information that you elect to upload to your profile, such as a biography, your education and job history, company information. We also collect information that is provided, posted or uploaded by users to the AHEAD User Group. We do not control the content that users post to our user group. You should carefully consider whether you wish to submit Personal Data and whether you wish to make your profile available to other users, and you should tailor any content you submit appropriately. You should also review any additional terms and conditions that may govern your use of our services.

Information Received from Other Sources. We may receive information about you from publicly available and third-party databases or services that provide information about business people and companies, or from third parties from whom we have purchased information (including an individual’s name, job title, business contact information, and information about the business where the individual works), and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. We will obtain your consent before contacting you if required by the law of the country in which you are located.

Automatically Collected Data. As you interact on our Websites, we may collect information about your computer or device and visits to one or more of our Websites (“Automatically Collected Data”) through cookies, web beacons and other technologies, Internet Protocol (IP) address tracking/URL tracking, and other tools (collectively, “Tracking Technologies”). The types of Automatically Collected Data collected on our Websites through the use of these and other tools that we may add from time to time may include: the search terms you used, new or returning user information, browser information, computer or device type, operating system, internet service provider, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, and ads viewed. Please see the “Tracking Technologies” section  below to learn more about how we use Tracking Technologies.

Service Data. In providing our services to Client through the Platforms, we process on behalf of Clients information, including Personal Data, that Clients upload to, integrate with or otherwise submit to our services. Our Clients decide what data to submit (this typically includes information about their customers, prospects, employees, consultants or independent contractors, suppliers and other individuals or third parties). We only collect such information under the direction of Clients, and have no direct relationship with the individuals whose Personal Data we process.

How We Use Information

Provide our products and services and respond to requests. We use the Personal Data we collect from you (unless otherwise restricted by law) to:

  • Provide you support or other services you have ordered from us, as well as product updates, product patches and fixes and other similar operational communications. For EU Data Subjects, such use is necessary for the performance of the contract between you and us.
  • Respond directly to your information requests (including registrations or other specific requests) or other inquiries. For EU Data Subjects, such use is necessary to respond to or implement your request prior to entering into a contract with us.
  • Facilitate your engagement in the AHEAD User Group. For EU Data Subjects, such use is necessary for the performance of the contract between you and us.

Marketing. We also use your contact information to contact you by email or by phone regarding information that we think may be of interest to you. If you do not wish to receive marketing materials, brochures, or emails from AHEAD, you may inform us of your preference by sending a letter or calling AHEAD at the contact information below. You may also submit a contact form electronically through the Website and unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails.

We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

Where required by the applicable law (for example, if you are an EU Data Subject), we will send you marketing information or notifications only with your consent, which was given at the time you provided us with the Personal Data. In such case, if you do not provide us with your consent to the processing of your Personal Data for this purpose, we will not send you this information, (please refer to the “EU Data Subjects” section below for information on your rights). For California residents, please consult the “Your Privacy Rights” section below for additional considerations.

Correspondence. If you correspond with AHEAD via e-mail, the postal service, our web forms, or other form of communication, we may retain the correspondence and the information it contains. We may use the information for business purposes, including responding to your inquiry, notifying you of AHEAD-related opportunities, and other marketing purposes (please read the Marketing section above for more information on our marketing practices and how to opt out or unsubscribe).

URL and IP Address. AHEAD collects information about users’ IP addresses, including users’ utilization of our Websites, to help us design our Websites to better suit our Website users’ needs. We may use information about your IP address to help diagnose problems with our server, administer our Websites, analyze trends, track visitor movements, and gather information that assists us in identifying visitor preferences. We also may use your IP address to enhance our security and investigate an actual or potential security incident. For EU Data Subjects, this use of your information is necessary for our legitimate interests in understanding how the Websites and our Services are being used by you, to improve your experience on it and ensuring network and information security. For more information about what we mean by legitimate interests, and when we may process Personal Data for our legitimate interests, please see the “EU Data Subjects” section  below.

Aggregated Data. We may also compile, anonymize and/or aggregate Personal Data and other information collected about Websites’ visitors, as described in this Privacy Policy, and use such anonymized and/or aggregated data for our business purposes, including disclosing such data to our partners, service providers, advertisers and/or other third parties for marketing or promotional purposes. This aggregate information does not identify you. For EU Data Subjects, this use of your Personal Data is necessary for our legitimate interests in understanding how the Websites and our products and services are being used by you and to improve your experience on it. For more information about what we mean by legitimate interests, and when we may process Personal Data for our legitimate interests, please see the “EU Data Subjects” section  below.

Service Data. Our use of information collected through the Platforms on behalf of our Clients is limited to the purpose of providing the service for which the Client has engaged AHEAD and is governed by our contract with that Clients and the Clients’ own privacy policies.

Disclosure Of Information

AHEAD discloses Personal Data that we collect (described above) in accordance with the terms set forth in this section.

We share your Personal Data with third parties who provide certain services to us to assist us in meeting business operation needs.  These parties are authorized to process your Personal Data, on our behalf and pursuant to our instructions, only as necessary to provide these services to us. We share your Personal Data with the following service providers:

  • Providers of payment processing and accounting, as necessary to process payment from our Clients
  • Learning management systems that integrate with our platform
  • Customer service providers
  • Providers helping us fulfill subscription services
  • Providers of research and analytics services, including Google Analytics
  • Providers of cloud computing infrastructure services

We may also disclose Personal Data to third parties in the following circumstances: (1) if you request or authorize (when required by the law, we will inform you in advance of the third parties to which we may provide your data and the purpose for doing so, and we will obtain your prior consent for such use); (2) the information is provided (a) to comply with the law (for example, to comply with a search warrant, subpoena or other legal process), (b) to enforce an agreement we have with you, (c) to protect our rights, property or safety, or the rights, property or safety of our employees or others, (d) to investigate fraud, or (e) to respond to a government request or to lawful requests by public authorities, including to meet national security or law enforcement requirements; (3) to address emergencies or acts of God; (4) to address disputes, claims, or to persons holding a legal or beneficial interest; (5) if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, in which case your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.

We collect, store and process the information from our Websites and Apps in the U.S. If you are outside the U.S., then your Personal Data and other information will be transferred to the U.S.. The data privacy and data protection laws outside your country may offer less protection than the laws in your country. By using our services, the Websites and/or Apps or otherwise providing us with your Personal Data, you agree to the transfer of your Personal Data as described in this Privacy Policy. If you do not agree to such cross-border transfers of your Personal Data, please do not submit it through the Websites and/or Apps.  

The Websites use interfaces with social media websites or platforms that are owned and/or controlled by third parties, such as Facebook, LinkedIn, Twitter and others (“Social Media Sites”). If you choose to “like” or share information from a Website through any Social Media Sites, if you are a member of a Social Media Site the interfaces on our Websites may allow the Social Media Site to connect your website visit to your Personal Data. The information that you share with the Social Media Sites will be governed by the specific privacy policies and terms of service of the Social Media Sites and not by this Privacy Policy. You should review the privacy policy of that Social Media Site before choosing to access and use any Social Media Sites, including interacting with our pages on those sites.

How You Can Access and Change Information

AHEAD acknowledges that you have the right to access your Personal Data. Our Websites and Apps allow you to access, correct, amend, or delete inaccurate data. In case you request us to remove data, we will respond within a reasonable timeframe.

Upon request, AHEAD will provide you with information about whether we hold any of your Personal Data. You can update or correct your Personal Data or remove it from our system by making a request to us at the contact information provided below. Requests typically receive a response within thirty (30) days. If access cannot be provided within that time frame, we will provide the requesting party with an estimated date by which the information will be provided. If for some reason access is denied, we will provide an explanation of why access has been denied.

If you are an EU Data Subject, please see the “EU Data Subject” section  below for information on your rights in relation to the Personal Data we hold about you.

EU Data Subjects

Scope. This section applies if you are an individual located in the European Union (“EU”) (“EU Data Subject”). For these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland.

Data ControllerAHEAD is the data controller for the processing of your Personal Data, but we act as data processor on behalf of Clients for Personal Data that we process through the AHEAD Platform, as described under the “AHEAD Platform” section above.

Your Rights. Subject to applicable law, you have the following rights in relation to your Personal Data:

  • Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Data with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
  • Right to erasure: You may ask us to delete or remove your Personal Data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
  • Right to data portability: Effective 25 May 2018, you have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
    • If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing; or
    • If we are processing your Personal Data for direct marketing.
  • Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing.
  • Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.
  • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

 You may exercise your rights by contacting us as indicated under “Contact Us” section below.

 Legitimate Interest. “Legitimate interests” means the interests of AHEAD in conducting and managing our organization. For example, we have a legitimate interest in processing your Personal Data to analyze how the Websites, Apps and our products and services are being used by you, and to ensure network and information security, as described in this Privacy Policy. When we process your Personal Data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your Personal Data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see “Your Rights” section above.

Our Security Measures to Protect Your Personal Data

We are committed to taking reasonable efforts to secure the information that you choose to provide us, and we use a variety of security technologies and procedures to help protect against unauthorized access to or alteration, disclosure, or destruction of Personal Data. We restrict access to Personal Data to our employees, contractors and service providers (described in the “Disclosure of Information” section above) who need to know the information in order to operate, develop, or improve our services.

Unfortunately, no transmission of Personal Data over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, AHEAD cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. AHEAD has no responsibility or liability for the security of information transmitted via the Internet. If you have questions about this Privacy Policy or the security of your Personal Data, please contact us as indicated under the “Contact Us” section below.

We retain your Personal Data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We retain Personal Data collected through the Platforms we process on behalf of our Clients for as long as needed to provide services to our Client and pursuant to our contract with that Client.

Tracking Technologies

AHEAD and its partners use cookies and other technologies to analyze trends, administer the Websites, track users’ movements around the Websites, to gather demographic information about our user base as a whole and to collect information about your browsing habits in order to make advertising relevant to you and your interests, as described below.

When you first visit the Websites, you will be asked to consent to the use of cookies and similar technologies on the Websites in accordance with this Policy, and if you accept we will store cookies and similar technologies on your computer.

  1. What Are Cookies

Cookies are pieces of data sent to your browser when you visit a website and stored on your computer’s hard drive. Cookies may store user preferences and other information. For example, cookies can store your session information for easy log-in to a website or platform, or your language or user interface customization preferences or may allow websites to record your browsing activities (for example, number of page views, number of visitors, and time spent on each page). 

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for a set period of time or until you delete it. 

  1. How We Use Cookies

In their use of our services, Clients’ may enable various integrations which may set additional cookies. These cookies are set and controlled by Clients for various purposes such as website usage tracking and analytics and enabling social media features. AHEAD does not control the placement of such cookies. Use of these cookies is governed by Client’s own privacy and cookie policies.

III.  Other Technologies

AHEAD may use a tracking technique that employs embedded URLs to allow use of the Websites without cookies. Embedded URLs allow limited information to follow you as you navigate the Websites, but are not associated with Personal Data and are not used beyond the session.

AHEAD and its service providers may use embedded pixel technologies (or pixel tags) for the purposes of identifying unique user visits (as opposed to aggregate hits) and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails and our online display advertising to provide information on when the e-mail or ad was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient's e-mail address.

We may use widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g., links to bookmarked sites), along with buttons or other tools that link to other companies' services (e.g., a "Like" button or third party map). The widget, button or tool may collect and automatically send Personal Data, such as your e-mail address, or other Information (such as your browser information, or IP address), to a third party. Cookies may also be set or used by the widgets, buttons or tools to enable them to function properly or for other purposes, which may include advertising. Information collected or used by a widget, button or tool, including cookie settings and preferences, is governed by the privacy policy of the company that created it.

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the Apps, the events that occur within the Apps, aggregated usage, performance data, and where the Apps was downloaded from. We do not link the information we store within the analytics software to any Personal Data you submit within the Apps.

  1. Your Choices

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

Please note that if you reject cookies or disable cookies, your use of certain features or functions on our Website or Platforms or service may be limited.

To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit  www.allaboutcookies.org and/or or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.organd follow the opt-out instructions there. If you access the Websites on your mobile device, you may not be able to control tracking technologies through the settings. If you wish to not have your information used for the purpose of serving you targeted ads, you may opt-out by visiting the Network Advertising Initiative’s online resources available here and following the opt-out instructions there, or if located in the European Union, visit the European Interactive Digital Advertising Alliance’s Your Online Choices opt-out tool here. By opting out of targeted advertisements you will no longer see advertisements on our Websites from third-party partners that participate in the Digital Advertising Alliance; however, you may still continue to see other non-targeted advertisements on our Websites.

Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties

This Privacy Policy only addresses AHEAD’s use and disclosure of your Personal Data. The Websites and Apps may contain links to other websites, so please be aware that we are not responsible for the privacy practices of other websites, and we are not liable for their misuse of Personal Data. We encourage you to be aware that when you go to another website you should carefully read their privacy policy.

California Privacy Rights

In addition to the information provided in this Privacy Policy, under California’s “Shine the Light” law, California residents who provide “personal information” (as defined in the statute) in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year. To obtain this information, please contact us by sending a letter or calling us at the contact information below. You may also submit a contact form electronically through the Websites.

Children

The Websites and Apps are not intended for use by or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13.

Conditions of Use

By using the Websites, our Apps and our services, you agree to the terms and conditions contained in this Privacy Policy and Conditions of Use and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use the Websites, Apps and/or any AHEAD benefits or services. You agree that any dispute over privacy or the terms contained in this Privacy Policy and Conditions of Use and any other agreement we have with you will be governed by the laws of Virginia. You also agree to arbitrate any such dispute in Arlington, Virginia, and to abide by any limitation on damages contained in any agreement we may have with you.

Changes to the Privacy Policy

As AHEAD, its products, and its services change from time to time, we may update this Privacy Policy to reflect changes to our information practices. We reserve the right to amend the Privacy Policy at any time, for any reason, and may do so by posting a new version online. Your continued use of the Websites, the Apps and/or continued provision of Personal Data to us will be subject to the terms of the then-current Privacy Policy. If we make any material changes or if otherwise required by the applicable law, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please contact as at:

Address: 8015 West Kenton Circle, Suite 230 Huntersville, NC 28078
Phone: 704-947-7779
Email:  ahead@ahead.com

Last updated May 21, 2018

©2018 Association on Higher Education And Disability. All rights reserved.