Website Terms of Use

Last Updated: September 2021

Thank you for visiting the Platform of Indiana Constructors, Inc. (“ICI,” “we,” “us” or “our”). “You” and “Your” means you as the user of our Website. These Terms of Use govern your use of the Website located at https://ici100.org/ and any other Website(s), application, including mobile apps, or products or services we offer, or when you communicate with us, where these Terms of Use are posted or linked to and which are owned or operated by Indiana Constructors, Inc. (the “Platform”). The term “Platform” also includes all subdomains of the Platform and any content, code, data, services, features or functionality made available from or through the Platform. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Platform. Changes in the Terms of Use will be effective when posted and your continued use of the Platform and/or the services made available on or through the Platform after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE PLATFORM OR ANY INDIVIDUAL PART OF THE PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE PLATFORM, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access, register with or otherwise use the Platform.

These Terms of Use govern the following:

  • Your use of the Platform (including Your rights to link to the Platform) as set out in these terms and conditions (the “Terms of Use”);
  • Our use of cookies on the Platform (see our separate “Cookies Policy”); and
  • How we will use and protect information about You (see our separate “Privacy Policy”).

Collectively these documents are defined as the “Terms”.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE PLATFORM ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

  1. Use of the Platform

 

The access to and use of the Platform implies Your full acceptance and undertaking to abide entirely by You the Terms and Conditions.

You should read all the Terms prior to using the Platform. However, please note that we may change our Terms from time to time, therefore we recommend You to read the Terms each time You access the Platform. The revised Terms will be available via the Platform. You will be deemed to have accepted any changes to the Terms after You have been notified of the changes on our Platform home page and You continue to access or use the Platform.

You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Platform for commercial purposes.

Access to our Platform is permitted on a temporary basis. We update our Platform regularly and so may change the content at any time without notice to You. We reserve the right to withdraw, vary or suspend the service at any time without notice.

You are responsible for making all arrangements necessary to access this Platform. You are also responsible for ensuring that all persons accessing our Platform through Your internet connection are aware of these Terms and Conditions.

Please note that use of our Platform is subject to Your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that Your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Platform which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

You agree not to use the Platform for fraudulent purposes, and not to perform any conduct that may damage the image, interests and rights of Indiana Constructors, Inc. or third parties. You also agree not to take any action to damage, disable or overburden the Platform, or hinder, in any way, the normal use and operation.

In the event of breach of the contents of these Terms we reserve the right to limit, suspend or terminate Your access to the Platform, taking any technical measures necessary for that purpose.

  1. Relationship and Reliance on Information Posted

The materials on this Platform are for informational and educational purposes only. Your use of this Platform does not create a contractual or legal relationship between Indiana Constructors, Inc. and you. The information and materials posted on our Platform are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance fully placed on such information permissible by all applicable laws.

  1. Copyright Ownership

Indiana Constructors, Inc. Platform is protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Platform for your personal, non-commercial use, but you may not copy any part of the Platform for any other purpose, and you may not modify any part of the Platform for any reason. Inclusion of any part of the Platform in another work, whether in printed, electronic or other form, and inclusion of any part of the Platform in another Platform by linking, framing or otherwise, are prohibited. Our operation of this Platform is not intended to create, and will not create, a contractual or legal relationship with you.

  1. Trademark Rights

The trademarks, service marks, and logos of Indiana Constructors, Inc. belong exclusively to Indiana Constructors, Inc. (“Indiana Constructors, Inc. Marks”). The Indiana Constructors, Inc. Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Platform confers on you any license or right under the Indiana Constructors, Inc. Marks or the trademarks of any third party.

  1. Use Restrictions

You agree not to use the Platform for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Platform(s). You further agree not to use the Platform in any manner that:

    • copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Platform(s) or any portion thereof;
    • is intended to obtain unauthorized access to the Platform, any portion thereof, or any server(s) or devices on which the Platform or any related data or information is stored;
    • infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
    • consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
    • links to materials or other content, directly or indirectly, to which you do not have a right to link;
    • is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Indiana Constructors, Inc. in its sole discretion; or
    • violates, or encourages anyone to violate the Terms or any ancillary terms and conditions listed on the Platform.
  1. Accuracy of Information and Registration Information

You agree, as applicable, to provide Indiana Constructors, Inc. with accurate information and not to impersonate or otherwise misrepresent your association or Indiana Constructors, Inc. affiliation with any person, organization, or entity.

During your use of the Platform, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). Indiana Constructors, Inc.’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Indiana Constructors, Inc.’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Platform using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify Indiana Constructors, Inc. of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security Indiana Constructors, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  1. Third Party Website.

You may be able to link from the Platform to third party websites and third-party websites may link to the Platform (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any

link to such Linked Sites on our Platform does not imply Indiana Constructors, Inc.’s endorsement, sponsorship, or recommendation of that site. Indiana Constructors, Inc. disclaims any liability for links (1) from another website to the Platform and (2) to another website from the Platform. Indiana Constructors, Inc. cannot guarantee the standards of any website to which links are provided on the Platform nor shall Indiana Constructors, Inc. be held responsible for the contents of such sites, or any subsequent links. Indiana Constructors, Inc. does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Indiana Constructors, Inc. is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

  1. Advertisements and Promotions

Indiana Constructors, Inc. may run advertisements and promotions from third parties on the Platform. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Indiana Constructors, Inc., and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Indiana Constructors, Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Platform.

  1. Disclaimer of Warranties

INDIANA CONSTRUCTORS, INC. DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE PLATFORM OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE PLATFORM. UNDER NO CIRCUMSTANCES WILL INDIANA CONSTRUCTORS, INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE

PLATFORM OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE PLATFORM.

YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. INDIANA CONSTRUCTORS, INC. DISCLAIMS IMPLIED WARRANTIES THAT THE PLATFORM AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE PLATFORM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION GIVEN BY INDIANA CONSTRUCTORS, INC. OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

  1. Termination

We reserve the right to restrict, modify, suspend, or terminate your access to the Platform, with or without cause or prior notice, at any time, and without any liability to you.

  1. Privacy

Indiana Constructors, Inc. views the protection of your privacy as an important responsibility. Personally Identifiable Information (“PII”) and other information collected on or in connection with the Platform will be used and processed as described in our Privacy Policy, which is incorporated herein, and can be found at https://ici100.org/privacy. By using the Platform, you consent to the collection and use of your PII by us as described in the Privacy Policy.

  1. Assignment

To the extent permitted by law, Indiana Constructors, Inc. may sell, transfer, or otherwise share some or all our assets, including your PII, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred.

  1. Age Limitation

The Platform is not intended for use by persons under the age of 13. Indiana Constructors, Inc. does not knowingly collect information from visitors under the age of 13 and if we learn that a person under the age of 13 has provided Indiana Constructors, Inc. with PII, we will delete such PII.

  1. Limitation of Liability

In no event shall Indiana Constructors, Inc. or any third parties mentioned on the Platform be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages  resulting from lost data or business interruption) resulting from your use of or inability to use the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Indiana Constructors, Inc. is advised of the possibility of such damages.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH INDIANA CONSTRUCTORS, INC. IS TO DISCONTINUE YOUR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY INDIANA CONSTRUCTORS, INC. IN NO EVENT WILL INDIANA CONSTRUCTORS, INC.’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.

  1. Dispute Resolution

By using the Platform, you and Indiana Constructors, Inc. agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Indiana Constructors, Inc. at One N. Capitol Ave., Ste. 1000, Indianapolis, IN 46204.

Both you and Indiana Constructors, Inc. agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in Indiana before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.

  1. Choice of Law and Forum

You agree that the laws of the state of Indiana govern the Terms and any claim or dispute that you may have against us, without regard to the state of Indiana conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16).

You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Marion County, Indiana and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT 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,

STATE OR FEDERAL COURTS IN MARION COUNTY, INDIANA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MARION COUNTY, INDIANA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

  1. Modification

We reserve the right to modify these Terms at any time. Your continued use of the Platform after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Updated” at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, then you are not authorized to use the Platform.

Privacy Policy

Last updated: September 2021

Indiana Constructors, Inc. recognizes that your privacy is very important and we take it seriously. Our Privacy Policy explains how Indiana Constructors, Inc. collects, uses, and discloses information about you. The terms “Indiana Constructors, Inc.,” “we,” “us,” and “our” include Indiana Constructors, Inc. and our affiliates and subsidiaries. We use the terms “member,” “you,” and “your” to mean any person using our “Platform,” which means any website, application, or products or services we offer, or when you communicate with us. This Privacy Policy applies to the processing of information about members and other individuals that we collect when you use our Platform. For information about choices that we offer under this policy, please see “Your Choices” below. This Privacy Policy does not apply to the information that you may provide to third parties, such as members, and others with whom you may share information about yourself.

What information do we collect about you?

Information you give to us

To process your requests and orders, it may be necessary to collect personal data from you. This includes, but is not limited to: your name, address, e-mail address, date of birth, telephone number, credit/debit card information. We are unable to provide you with certain products and services if you do not provide certain information to us. You may also be asked to provide additional (non-mandatory) pieces of information such as your interests, preferences, age, gender, feedback, and survey responses so that we can better understand our customers. You can also choose to provide such information by posting on a forum, filling out a web form or when you communicate with us. We also obtain information about you where we have the appropriate permissions to do so or as otherwise authorized by applicable law.

Information we collect automatically when you use our sites or services

We may collect information about your interaction with our sites and services from the devices you use, such as your unique device ID, device type and advertising ID. We may also collect information about your visits and activity on our Platform (and sites operated by our group companies) including the content and any advertisements that you view and interact with, the address of the site from which you arrived and other technical data about your equipment, browsing actions and patterns (such as the pages you view, the links you click, the items you add to your shopping basket, the length of your internet session, your IP address and approximate location at the time of browsing). This information is collected using cookies or similar technologies. To learn more about these technologies and your choices, please see our Cookie Policy.

Information collected from other sources

We may combine your information with information we collect from third parties or public sources, including analytics providers, advertising networks, and publicly available sources.

Social Media

Certain sites in our Platform may offer services that require you to set up an account prior to receiving such services. To create a secure account, you can use your email address and a password or, if the site offers a Facebook single-sign-on service, you will be able to register for and log-in to your account using your Facebook account. If you choose to use the Facebook single-sign-on service, you are granting permission to Facebook to share certain profile information with us. This will include your name, profile picture and list of friends and any other information notified to you by Facebook prior to you completing the single-sign-on authorization process. You control what social media information you allow us to have access to using the privacy settings on the applicable social media platform and any permissions you give as part of the single-sign-on authorization process.

Children’s Data

Our Platform is not intended for children under the age of 13. If you are under 13, please do not provide any information to us and instead ask your parent or guardian to do this on your behalf. You must be at least 18 years of age to purchase products or services from us. If you are under the age of 18, you must ensure that your parent or guardian purchases the products or services on your behalf.

How will we use the information about you?

We will or may use your information for the following purposes:

  • Service Access and Registration: to register you as a new customer when you purchase a product or service from us or create an account on one of our sites to access one of our services.
  • Sales and Fulfilment: to process and deliver your order; to manage payments, fees and charges; to collect and recover money owed to us; to provide you with services you have requested from us when we collected the information from you.
  • Customer Relationship Management: to contact you about your account, subscription or other order; to provide you with customer service (such as responding to questions, concerns and feedback and contacting you via email, telephone, SMS/text, post, direct message or other similar communication method for this purpose); to notify you of material changes to our terms or this Privacy Policy; to send you service related communications; to ask you to leave a review or take a survey.
  • Sweepstakes, Contests, Events, Product Trials, Surveys, Awards: to enable you to participate in sweepstakes, contests, product trials, events, awards, surveys, polls and quizzes and to provide you with any prizes, products or awards as applicable.
  • Business Administration, Systems and Security: to administer and protect our business and our sites such as troubleshooting, testing, system maintenance, support, reporting and hosting data; to ensure network and system security and prevent detect, mitigate and investigate fraud, security breaches and other prohibited or illegal activities; to verify your identity.
  • Data Analytics: to measure the performance of our marketing campaigns (for example, analyzing open and click rates); to provide insight and analysis of our customers for ourselves and our business partners.
  • Marketing: to provide you with marketing via email, post, telephone, SMS/text, social media and other digital channels (including Facebook Custom Audiences and Google Custom Match); to make suggestions and recommendations to you about goods and services that could be of interest to you.
  • Advertising: to select and deliver advertising and content to you and measure the delivery and effectiveness of such advertising and content.
  • Personalization: to personalize content, services and communications and target advertising, as further explained in Personalization and Advertising below.
  • Aggregation and Anonymization: to aggregate and anonymize your data, so that we can use it to enable us to sell advertising and monitor the efficacy of our business partnerships.

Marketing

Where we have the appropriate permissions or as otherwise authorized by applicable law, we will use your information to market and advertise our products and services and occasionally third-party products and services that could be of interest to you including third party offers, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email, online or via applications. You could be contacted directly by our third-party service providers for these purposes.

You can always tell us that you wish to stop receiving direct marketing communications from us. But remember, if you do not want us to get in touch, you will miss out on offers.

If you would prefer not to receive direct marketing communications, simply let us know at any time by writing to [email protected] or by following the opt-out instructions in the relevant communication. Please note that this will not stop you from receiving service messages from us.

What is our legal basis for processing your data?

We rely on one or more of the following legal bases when processing your data:

Fulfilling a contract with you and providing you with our services, or to comply with a legal obligation, including to: register you as a new customer or create an account on one of our sites in order to access one of our products and services; process and deliver your order; manage payments, fees and charges; collect and recover money owed to us; contact you about your account, subscription or other order; provide you with customer service (such as responding to questions, concerns and feedback and contacting you via email, telephone, SMS/text, post, direct message or other similar communication method for this purpose); send you service related communications; provide you with services you have requested from us when we collected the information from you; enable you to participate in sweepstakes, contests, product trials, events, awards, surveys, polls and quizzes and provide you with any prizes, products or awards as applicable; notify you of material changes to our terms or this Privacy Policy; administer and protect our business and our sites such as troubleshooting, testing, system maintenance, support, reporting and hosting data necessary to ensure network and system security and prevent detect, mitigate and investigate fraud, security breaches and other prohibited or illegal activities; verify your identity.

Our legitimate interests (to run an effective and successful business), or the legitimate interests of a third party, where not outweighed by your interests, including to: measure the performance of our marketing campaigns (for example, analyzing open and click rates); provide you with marketing via post, telephone, social media and other digital channels (including Facebook Custom Audiences and Google Custom Match); provide you with marketing via email where you have purchased goods or services from us; ask you to leave a review or take a survey; administer and protect our business and our sites such as troubleshooting, testing, system maintenance, support, reporting and hosting data; use data analytics to provide insight and analysis of our customers for ourselves and our business partners; make suggestions and recommendations to you about goods and services that could be of interest to you; select and deliver advertising and content to you and measure the delivery and effectiveness of such advertising and content; personalize content, services and communications and target advertising; to aggregate and anonymize your data, so that we can use it to enable us to sell advertising and monitor the efficacy of our business partnerships. The legitimate interests we rely on for this processing are: to keep our records updated; to study how customers use our products and services; to improve the customer experience; to develop our products and services; to develop and grow our business; to run our business; to provide administration and IT services; for network security and fraud prevention; in the context of a business reorganization or a group restricting exercise; to inform our marketing and content strategy; to keep our sites and content updated and relevant.

Your consent, including to: provide you with marketing via email, SMS/text, post and telephone, including from our third-party service providers. You can withdraw your consent at any time – see Marketing, above, for further information.

What will we disclose and share with third parties?

We share your personal data with our third-party service providers for the purposes outlined in this Privacy Policy, such as to enable them to process a request, order or service; to supply you with a prize in the event you win a competition; or to obtain information. We may use a number of IT service providers inside and outside the European Union to store data and customer management information, provide disaster recovery services, and related IT services that we need to conduct our business and perform any contract we enter into with you. Any third parties we contract with to process your data on our behalf are subject to contractual obligations to protect the security of your data in accordance with the terms of this Privacy Policy and, where your data is transferred outside of the European Union, we make sure there are adequate protections in place – see the section entitled International Transfers below for further information.

We share your information with advertisers, ad servers, ad networks and content recommendation services to select and deliver advertising and content, and target and personalize advertising and content both on our sites and on selected partner sites. This will not include any information which directly identifies you in the real world, such as your name, email address, address or phone number. However, by interacting with or viewing an advertisement or content, you should be aware that the third party could assume that you meet the targeting criteria used to display the advertisement or content. We also share your information with analytics and search engine providers to assist us in the improvement and optimization of our sites.

We may merge with or be acquired by another business. If this happens, we share the information that relates to you with that other business. You will be sent notice of such an event.

We reserve the right to disclose your personal data to comply with the law, applicable regulations and government requests. We also reserve the right to use such information to protect our operating systems and integrity as well as other users.

How do we protect your information?

Once we have received your data, we will take steps to ensure that it is treated in accordance with any applicable laws. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

Other websites

Please note that clicking on links and advertisements on our sites could result in you being transferred to another website, where data privacy practices vary from ours. If transferred to another website you should consult their privacy policy as we are not responsible for, and have no control over, information that is submitted to or collected by these third parties.

How long do we keep your information?

We are required by law to keep certain information about our customers (such as financial and transaction related data) for seven years after they cease being customers for tax purposes. We may adjust this retention period to comply with changes in the law.

Our data retention periods vary depending on the context of the services that we provide to you and our legal obligations. To determine the appropriate period for which we keep your data, we consider the amount, nature and sensitivity of your data, the potential risk or harm from unauthorized use or disclosure of your personal data, the purposes for which we process that data (and whether we can achieve those purposes through other means), and applicable legal requirements.

International Transfers of Data and Information

If you choose to provide us with personally identifiable information, it may be stored in the United States and in other jurisdictions. If you are visiting our Platform from the European Union or other regions with laws governing data collection and use, please note that your personally identifiable information may be transferred to the United States, and to other jurisdictions, which may not have the same data protection laws as the European Union and may not afford many of the rights conferred upon data subjects in the European Union. You acknowledge that you understand: (i) your personally identifiable information may be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personally identifiable information may be transferred to the United States, or other jurisdictions as indicated above.

Our Security Policy

Our Platform is hosted in the USA and we conduct all of our business from our office located in the USA. Accordingly, the information which you provide to us may be transferred to countries outside the European Union. By submitting your personal data, you’re agreeing to the transfer, storing and processing of your data outside of the European Union. Your data may be transferred to countries that do not have the same data protection laws as the country from which you initially provided the information.

We have taken steps to build our Platform using sophisticated encryption and authentication tools to protect the security of your personal data. When we collect your personal data through our Platform, we will encrypt your personal data before it travels over the Internet using industry standards as established for conducting secure online transactions. We also use industry standard technologies such as secure routers and firewalls to make sure that your personal information is safe. Unfortunately, we cannot fully guarantee secure data transmission over the Internet because of its nature.

Once we receive your personal data, we have industry standard security measures in place to protect against the loss or misuse of your personal data, though again, we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our Platform and not share it with anyone. You should always log out of our Platform when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.

Your Rights

You have certain rights in relation to the personal data we hold about you, which we detail below. Certain rights only apply in specific circumstances as set out in more detail below. We have also described how you may exercise those rights. When you exercise your rights, we need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We will also contact you to ask you for further information in relation to your request to speed up our response.

You have the right to:

  • Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no legitimate reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we could have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we are not always able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) but you object to the processing on the ground that it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes (more information on your marketing choices can be found in the Marketing section above). In certain cases, we will demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the details provided in the How to contact us section below.

Cookies, Pixels and Tracking

Like many other websites, we and our third-part service providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on the Platform and across third party sites or online services. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to identify the areas of our Platform that you have visited. We also use cookies to enhance your online experience by eliminating the need to log in multiple times for specific content. Finally, we may use cookies to personalize the content that you see on our website or to customize marketing and other information we provide to you. We may combine this information with other information we collect about users.

Most web browsers can be set to disable the use of Cookies, and our website contains buttons that allow you to opt-in and opt out to various types of communications from us. However, if you disable or do not opt-in to our use of Cookies, you may not be able to access features on our website correctly or at all. For more detailed information about these mechanisms and how we collect activity information, see our Cookie Policy.

Dispute Resolution

By using the Platform, you and Indiana Constructors, Inc. agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to One N. Capitol Ave., Ste. 1000, Indianapolis, IN 46204.

Both you and Indiana Constructors, Inc. agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) (or to the alternative dispute resolution we select, in our sole discretion) for binding arbitration under its rules then in effect in the state of Indiana before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

Choice of Law and Forum

You agree that the laws of the state of Indiana govern the Privacy Policy and any claim or dispute that you may have against us, without regard to Indiana’s conflict of laws rules. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Marion County, Indiana and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THIS PRIVACY POLICY, 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, STATE OR FEDERAL COURTS IN MARION COUNTY, INDIANA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MARION COUNTY, INDIANA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Changes to our Privacy Policy

We keep this Privacy Policy under review and will update it to reflect changes in our privacy practices. Any updates will be made on this page so that you can always find out what information we collect, how we use it and under what circumstances we will disclose it.

How to contact us

If you have any queries relating to this Privacy Policy, please contact us by writing [email protected]

Cookie Policy

Last Updated September 2021

Cookies and other technologies

We use, and allow certain other companies to use, cookies, web beacons and other similar technologies on our sites, applications and communications. We do this to understand your use of our services, improve your user experience, enable personalized features and content, optimize our advertising and marketing and to enable third party advertising companies to assist us in serving you advertisements specific to your interests across the internet. The technologies we use do not collect any information which directly identifies you in the real world, such as your name, email address, address or phone number.

What are ‘Cookies’?

A cookie is a small text file that we, and in certain circumstances third parties, place on your browser (for example, Internet Explorer or Safari) when you visit our sites or open some of our emails. Cookies are useful in enabling us to better serve you because, among other things, they allow us to recognize you each time you re-visit one of our sites. The entity that places cookies on your browser can then read the information on the cookie that it set.

Cookies are typically classified as either “session cookies” which do not stay on your device after you close your browser or “persistent cookies” which will usually remain on your device until you delete them, or they expire.

You can find more detailed information about these technologies at:

www.aboutcookies.org

www.allaboutcookies.org

How we and third parties use cookies

We use cookies that are essential to enable you to move around our sites and use their features, such as accessing secure areas. Without these cookies, features that you use, like shopping baskets, cannot be provided. Certain cookies, however, while useful, are not essential, and we require your consent before we can use these cookies. By continuing to browse on our sites you agree to the use of these non-essential cookies unless you specifically set your browser to reject them. Please see How to manage or refuse cookies and similar technologies below for further details on your choices.

Different cookies are used to perform different functions which we explain below. A visit to any of our sites could generate the following types of cookie:

Site performance cookies

We use cookies to remember your selections on our sites: These cookies allow us to remember choices you make on our sites and provide enhanced, more personalized features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. They can also be used to provide services you have asked for such as watching a video or commenting on a blog. These cookies cannot track your browsing activity on other sites.

Analytics cookies

We use cookies for performance and analytics purposes: We use our own cookies and third-party cookies and other identifiers (such as web beacons) to see how you use our sites and services to enhance their performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons can be used to: test different designs and to ensure that we maintain a consistent look and feel across our sites; recognize repeat visitors, track and provide trend analysis on how our users interact with our sites and communications; track errors and measure the effectiveness of our promotional campaigns.

The information collected from these types of cookies can be used in conjunction with other information we or our third-party partners hold in order to record specific browsing information (for example, regarding the way visitors arrive at our sites, pages viewed, options selected, information entered and the path taken through our sites). The data collected will generally be aggregated to provide trends and usage patterns for business analysis, site/platform improvement and performance metrics and to inform our advertising and marketing strategies. Our cookies, or the resulting analysis, can also be shared with our business partners. We also receive similar information about visitors to the sites of our group companies and other partners.

For example, we use Google Analytics which is a web analytics tool that helps us understand how users engage with our sites. Google Analytics uses first-party cookies to collect information about how users interact with our sites, which is used to compile reports for improvements to our services. The reports disclose website trends without identifying individual visitors. For some of the advertising features described below, data from Google Analytics could be combined with our first-party data and third-party cookies (like Google’s advertising cookies). For information on how to opt-out of Google Analytics Advertising Features, please go to How to manage or refuse cookies and similar technologies.

Advertising cookies

We use cookies to personalize your experience and for targeting advertisements: We use cookies (and allow data management platform providers to use cookies on our behalf) to collect information about your browsing habits across our sites to provide personalized content, services and communications, as well as targeted advertising on our sites, sites operated by our group companies and selected partner sites. For example, we could show you advertisements for relevant publications or products and services if we know you have been browsing sections about related products or services on our sites. If you use more than one device or computer on a regular basis, we can link cookies together so that you can still receive a personalized online experience. We also personalize the information you see based on what you already know about you or presume about you based on your online activities, so that you spend less time looking for things. With the use of cookies, each visitor to our site can have a web experience that is unique to them.

Cookies can also be linked with other information we hold or presume about you for these purposes. For example, if you are a registered user or provide us with your name, email address, social media log-in details or other contact information (e.g. by entering a competition or signing up to our newsletter) or interact with our email communications (e.g. by clicking on links within the emails), this information can be linked with your browsing activity across all your devices to tailor content, services, advertising and offers for you.

We also obtain information from third party service providers such as demographics and interest categories created from a combination of sources that permit us to provide you with more relevant and useful content, communications and advertising. This information does not identify you personally.

You can opt out of receiving interest-based advertising on our sites by blocking these cookies as described below in the section on How to manage or refuse cookies and similar technologies.

Third party advertising cookies

We partner with advertisers, ad network providers and ad serving companies to place cookies on our sites to allow them to show you advertisements both on and off our sites that are more relevant and useful to you, limit the number of times you see a particular ad and to customize ads. We do not share any information with these third parties that will directly identify you in the real world, such as your name, email address, address or phone number. However, these third parties can assume that users who interact with or click on a personalized advertisement or content are part of the group that the advertisement or content is directed towards. The third parties that generate these cookies have their own privacy policies and we have no access to read or write these cookies.

Social media cookies

Cookies are also used when you share information using a social media sharing button on the sites. The social network will record that you have done this. This information can be linked to targeting and advertising activities. The types of cookies used by these third parties and how they use the information generated by them will be governed by those companies’ privacy policies. For information on how to opt out of targeting advertising, please go to How to manage or refuse cookies and similar technologies.

How we and third parties use web beacons

We use and permit selected third parties to use web beacons (usually in combination with cookies) to compile aggregate information about your site usage and your interaction with email and other communications to measure performance and to provide content and advertisements that are more relevant to you. A web beacon (also called a web bug, clear GIF or pixel tag) can be embedded in online content, videos and emails, and allows a server to read certain types of information from your device, to know when you have viewed the beacon and the IP address of your device. The type of information collected includes, but is not limited to, information relating to advertising responses, page views, promotion views and purchases made. We will include web beacons in certain promotional email messages and newsletters to determine whether the messages have been opened or acted upon and whether our mailing tools are working correctly. The web beacons can be used to recognize cookies generated by third parties and inform us and third parties of which advertisement or link brought you to our site, allowing us to monitor the efficacy of our business relationships with third parties.

How to manage or refuse cookies and similar technologies

If you do not want your browser to accept cookies and use them in the ways described above, you can change your browser settings. You can also delete existing cookies from your browser. However, blocking all cookies will affect your web experience and can result in parts of our sites not functioning properly. Certain cookies are designed to help save you time by, for example, remembering your contact details when you place an order.

For general information about cookies and their use, please visit:

www.aboutcookies.org

www.allaboutcookies.org

Alternatively, you can turn off third party cookies relating to interest-based advertising by visiting www.youronlinechoices.eu. However, this will not opt you out of receiving advertisements altogether – it simply means that the ads will not be targeted to you. Please note that there are many more networks listed on this site than we use on our sites.

You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page. For Google Analytics Advertising Features, you can opt-out through Google Ads Settings or by visiting the Network Advertising Initiative opt out page.

Web beacons

As web beacons are the same as any other content request included in the architecture of a website page, you cannot opt out or refuse them. However, you can disable web beacons in email messages by not downloading images contained in messages you receive (this feature varies depending on the email software used on your personal computer). However, doing this will not always disable a web beacon or other tracking technologies in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider. Web beacons can also be rendered ineffective in certain circumstances by opting out of cookies or amending your cookie settings in your browser. Further details on web beacons, and how to manage them, can be found here:

www.allaboutcookies.org/faqs/beacons.html

If you have any other queries about our use of cookies, you can contact us at [email protected]