The Training Associates Corporation (“TTA”) Terms of Use
Revision Date: May 25, 2018 Copyright © [2018] TTA, Corp. All Rights Reserved.

Welcome to the TTA Site (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “TTA,” “we,” “us” and “our” refer to The Training Associates Corporation.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE TTA PRIVACY STATEMENT AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

1. REGISTRATION
You must register on this Site in order to use certain of the Site functions. During registration, you will be required to provide contact information, consisting of a name, title, company name, and email address.

2. AGE OF USERS
Children under the age of 18 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

3. TTA PRIVACY STATEMENT
Your use of this Site signifies your continuing consent to the TTA Privacy Statement, which you can examine any time by clicking on the “Privacy” link on the Site.
Personal information that you supply to TTA, and any information about your use of TTA that we obtain will be subject to the TTA Privacy Statement on this Site.

4. CHANGES TO TTA
We may discontinue or change any TTA content, service, function or feature at any time with or without notice.

5. PROPER USE OF THIS SITE
You may use TTA for lawful purposes only and may use the Site only in ways consistent with the law.
You may not use any program, spider or “bot” to gather or “harvest” information from this Site.

6. PROPRIETARY RIGHTS
TTA reserves all rights under intellectual property law regarding any content that is on the Site.
Except as TTA may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from TTA without our express prior written consent.
You agree that the TTA Site, including but not limited to graphics, user interface, audio clips, video clips, content, and the scripts and software used to implement the Site, contains proprietary information and material that is owned by TTA, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the TTA Site in compliance with these Terms of Use. No portion of the TTA Site may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site in any manner, and you shall not exploit the Site in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, TTA reserves the right to change, suspend, remove, or disable access to the Site, content, or other materials comprising a part of the Site at any time without notice. In no event will TTA be liable for making these changes. TTA may also impose limits on the use of or access to certain features or portions of the Site, in any case and without notice or liability.
All copyrights in and to the Site (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by TTA, who reserves all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SITE, EXCEPT FOR USE OF THE SITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
TTA, the TTA logo and other TTA trademarks, service marks, graphics, and logos used in connection with the Site are trademarks of TTA in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Site may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

7. CHANGES TO THE TERMS OF USE
We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

8. ELECTRONIC DELIVERY STATEMENT AND YOUR CONSENT
You agree that we may provide to you notices and other information concerning TTA or this Site electronically, including notice to any email address that you may provide.

9. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others.

10. THIRD PARTY SITES AND ADVERTISERS
TTA may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that TTA is not responsible for any claim or loss due to a third party site or any advertiser.

11. DISCLAIMER OF WARRANTIES
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

12. LIMITATION OF LIABILITY
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. 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, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

15. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of the Commonwealth of Massachusetts USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Massachusetts USA in the city of Worcester, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF MASSACHUSETTS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.]

16. BINDING ARBITRATION
You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, TTA will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and TTA may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

17. SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. TERMINATION
We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

The Training Associates Corporation (“TTA”) Privacy Policy
Effective on: May 25, 2018
TTA knows that as a user (the “User”) of this website (the “Site”) you care how information is used and shared. This notice describes TTA’s privacy policy for its Site including all online Services, portals and functions.

1) REGISTRATION
The User must register on this Site in order to fully use certain aspects of the Site’s online services and functions.
During registration, the User will be required to provide contact information, consisting of at least an email address, and password.

2) COOKIES
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. TTA uses cookies on the Site.
TTA uses both “session ID cookies” and “persistent cookies.” TTA uses session cookies to make it easier for the User to navigate the Site. A session ID cookie expires when the User closes the Users browser. If the User checks “Remember my email” when logging in to the Site, TTA will set a persistent cookie to store the User’s username, so the User should not have to enter it more than once. The persistent cookie also enables TTA to track and target the interests of the User to enhance the experience on the Site. The persistent cookie is removed when the User unchecks the “Remember my email” check box.
The User’s web browser allows the User to control and limit cookies on the User’s computer. If the User rejects cookies, the User may still use the Site, but the User’s ability to use some areas or functions of the Site may be limited.

3) EMAIL FROM TTA FOR NEWSLETTERS AND ANNOUNCEMENTS
TTA may use the User’s email address to provide the User with email newsletters and announcements. If the User does not wish to receive these kinds of communications, the User can opt.

4) PRODUCT INFORMATION AND OFFERS
The email address that the User provides on the Site may be used to contact the User about service offers from TTA. TTA may also use that information to let the User know of additional products and services from other companies that the User might be interested in. If the User does not wish to receive these kinds of communications, the User can opt out.

5) SIGNIFICANT ANNOUNCEMENTS BY EMAIL
TTA may also use the User email address to provide the User with significant announcements about TTA including Site functions or services that the User is registered to provide, about this Site, about any user account the User may create, about fulfillment of a specific transaction the User have requested, or about other significant developments that may affect the User’s use of the Site. The User cannot opt-out of this kind of email.

6) COMMUNICATION WITH OTHERS
The Site may allow the User to contribute to one or more blogs or communicate by means of online functions.
Nothing requires the User to disclose the User identity to others. If the User choose to disclose the User identity to third parties using any Site function or service, the User do so at the User own risk. TTA is not responsible for the privacy or security of any information, personal or otherwise that the User may choose to communicate or exchange using the functionality of the Site.
Each item of information or any materials the User contributes for such purposes are the User “Public Content.” Public Content must be content and information that the User have a right to disclose and transfer and must not violate any other person’s privacy or intellectual property rights.

7) FEEDBACK TO TTA
TTA has feedback functionality on the Site that allows the User to submit comments, suggestions, or bugs found. TTA may collect the Username or username and email address in order to follow up with the User or thank the User for a suggestion.

8) ANONYMOUS DATA
TTA may track the Site to analyze trends, administer the Site, and track User actions and use of the Site, record transactions, and gather demographic information for aggregate use. Such analysis is not linked to personally identifiable information. TTA may share aggregated demographic and usage information with its partners and advertisers. This aggregated information is not linked to any personal information that can identify any individual person.

9) LINKS
This Site may contain links to other sites. TTA is not responsible for the privacy practices of such other sites. TTA encourages users to be aware when they leave the Site and to read the privacy statements of sites that collect personally identifiable information. This privacy policy applies only to information collected on this Site.

10) SECURITY TECHNOLOGY
When a Site’s registration/order form asks users to enter financial information (such as credit card number), that information is encrypted and is protected during transmission through the Internet using Secure Socket Layer (SSL) software. The User should see the lock icon on the bottom of web browsers such as Microsoft Internet Explorer becomes locked, as opposed to unlocked or open when the User are just surfing. If the User has any questions about the security, the User can send an email to mail to: Support@TTACorp.com.

11) CORRECTION/UPDATING OF PERSONAL INFORMATION
If the User provides personally identifiable information changes (such as an email address or zip code), TTA will endeavor to provide a way to correct, update or remove the User personal data. This can usually be done at the My Profile page.

12) PROTECTION OF MINORS
Children under the age of 18 are not permitted to register on this Site or use any functionality for which registration is required.

13) BUSINESS OR ASSET TRANSFER OR SALE
TTA may be sold, might sell or buy businesses or assets of businesses, or TTA might merge with another business. In such transactions, personnel information generally is one of the transferred business assets. Also, in the event that TTA, a line of business of TTA, or substantially all the assets of TTA are transferred, customer information may well be one of the transferred assets. TTA will make reasonable effort to provide notice on the Site and to notify the User via email to the most recent email address that the User have provided to TTA of any such change in ownership or control of the User personal information.

14) RELEASE OF INFORMATION FOR LEGAL REASONS
TTA may release information concerning the Use ruse of TTA (including, but not limited to, posted Public Content, registration information, and network records) when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order), to protect against fraudulent, abusive or unlawful use of the TTA, to protect TTA’s rights or property, enforce any contract between the User and TTA, or if TTA reasonably believes that a situation involving danger of death or injury to any person requires disclosure.

15) LIMITED USE
TTA does not intend to sell, share, or rent information obtained on this Site other than as discussed in this privacy policy.

16) CHANGES IN THIS PRIVACY POLICY
If TTA decides to change its privacy policy, TTA will post those changes on TTA’s Site so TTA’s users can remain aware of what information TTA collects, how TTA uses it, and under what circumstances, if any, TTA discloses it.

17) THE USER CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the Company has disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. Alternatively, the law provides that if the company has a privacy policy that provides the User with an “opt-out” choice for use of the User personal information by third parties for marketing purposes, the Company may instead provide The User with information on how to exercise the User disclosure choice options.
This Site qualifies for the alternative option. Its privacy policy provides the User with information on how the User may opt-out from the use of the User personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received the User personal information during the preceding year for marketing purposes.
If the User is a California resident and request information about how to exercise the User third party disclosure choices, send a request to the following email address: Request@TTACorp.com.

18) DATA PROTECTION OFFICER
TTA is headquartered in Massachusetts, in the United States. TTA has appointed an internal data protection officer for you to contact if you have any questions or concerns about the TTA’s personal data policies or practices. TTA’s data protection officer’s name and contact information are as follows:

Justin D Barrett
Director of Contracts & Compliance
The Training Associates Corporation
287 Turnpike Road, Suite 300
Westborough, MA, USA
dpo@TTACorp.com

19) HOW WE COLLECT AND USE (PROCESS) YOUR PERSONAL INFORMATION
TTA collects personal information about its consultants and customers. With a few exceptions, this information is limited to the kinds of information that can be found on a business card: first name, last name, job title, employer name, work address, work email, and work phone number. We use this information to provide consultants and customers with goods and services, including privacy and data protection content, training, and the like.

The additional personal information consultants may provide includes:

  • Contact information (address, phone number, e-mail address);
  • UserID and password if you register through TTA’s website(s);
  • Contents of any other identification provided to TTA;
  • Education and employment history;
  • Work-related skills and experience;
  • Professional credentials or licenses;
  • Membership in professional organizations;
  • Any other information contained on an individual’s resume;
  • Citizenship and work authorization status;
  • Emergency contact information;
  • Information from and related to publicly published profiles you’ve created on job-related social media platforms and job boards (such as LinkedIn, Monster, or Indeed);
  • Information provided by references; and
  • Information regarding your career interests, preferences, and qualifications.

In addition, under certain circumstances and consistent with prevailing laws, TTA may request types of personal information that are viewed by some countries as “sensitive:”

  • National or Tax Identification Number/Social Security Number;
  • Financial or bank account information;
  • Tax-related information;
  • Results of drug, criminal, and/or background screenings(where applicable);
  • Biometric data;

We do not sell personal information to anyone.

20) USE OF THE TTACORP.com (or thetrainingassociates.com) WEBSITE
As is true of most other websites, TTA’s website collects certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of TTA’s website, including a history of the pages you view. We use this information to help us design our site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. TTA’s website also uses cookies and web beacons. It does not track users when they cross to third party websites, does not provide targeted advertising to them, and therefore does not respond to Do Not Track (DNT) signals.

21) WHEN AND HOW WE SHARE INFORMATION WITH OTHERS
The personal information TTA collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval.

22) TRANSFERRING PERSONAL DATA FROM THE EU TO THE US
TTA has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. TTA relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, TTA collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of TTA in a manner that does not outweigh your rights and freedoms. TTA endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with TTA and the practices described in this Privacy Notice. TTA also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.

23) DATA SUBJECT RIGHTS
This Privacy Notice is intended to provide you with information about what personal data TTA collects about you and how it is used. If you have any questions, please contact us at dpo@TTACorp.com.
If you wish to confirm that TTA is processing your personal data, or to have access to the personal data TTA may have about you, please contact us at dpo@TTACorp.com

24) SECURITY OF YOUR INFORMATION
To help protect the privacy of data and personally identifiable information you transmit through use of this Site, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.

25) DATA STORAGE AND RETENTION
Your personal data is stored by TTA on its servers, and on the servers of the cloud-based database management services TTA engages, located in the United States. TTA retains data for the duration of the customer’s or consultant’s business relationship with TTA. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact TTA’s data protection officer at dpo@TTACorp.com

26) CHANGES AND UPDATES TO THE PRIVACY NOTICE
As our organization change from time to time, this Privacy Notice and Terms of Use is expected to change as well. We reserve the right to amend the Privacy Notice and Terms of Use at any time, for any reason, without notice to you, other than the posting of the amended Privacy Notice and Terms of Use at this Site. We may e-mail periodic reminders of our notices and terms and conditions and may e-mail of material changes thereto, but you should check our Site frequently to see the current Privacy Notice and Terms of Use that is in effect and any changes that may have been made to it.

27) QUESTIONS, CONCERNS, COMPLAINTS
Please contact TTA’s data protection officer:
Justin D. Barrett
Director of Contracts & Compliance
The Training Associates Corporation
287 Turnpike Road, Suite 300
Westborough, MA, USA
dpo@TTACorp.com
+508.890.8500