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PRIVACY POLICY

Last revised: December 15, 2022

Westside Museum, LLC (the “Museum”) is committed to protecting your personal privacy. This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.thcnyc.com and/or shop.thcnyc.com (collectively, our “Website”).  Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website.  By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.


We collect information to operate our business and provide you with personalized, informational, customized and interactive services through our website pages (the “Services”). We collect both Personal Information and Other Information to provide these Services to you. 


WHAT PERSONAL INFORMATION WE COLLECT

“Personal Information” is information that can be used, directly or indirectly, alone or together with other information, to identify you as an individual. We collect Personal Information from you for several reasons.  First, we collect information from you to make our Services available to you and to customize your experience.  Unless collecting your personal information is necessary so that we can fulfill a legal obligation or for a legitimate business interest, you can choose for it to not be collected.  However, if you don’t provide us some information, your experience with our Services may not be as enjoyable and some of our Services may not work.  The Personal Information we collect depends on the purpose, but might include name, date of birth, country of residence, and email address.


HOW WE USE PERSONAL INFORMATION

We use your Personal Information to provide our Services to you, to communicate with you about products, customer service, promotions, updates, and to fulfill requests you send to us.  We may also use your Personal Information to operate our business, improve existing products and Services, develop new products and services, comply with legal and/or regulatory requirements, and to improve and personalize your experiences interacting with us.  In addition, credit card information may be used to collect payment from customers regarding orders of products and services.  You may be required to provide financial information to a third-party payment processor before placing an order through our Website. 


We will retain your Personal Information for as long as needed to provide you the Services. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  When you place an order through the Website, we will maintain your order information for our records unless and until you ask us to delete this information.


HOW WE PROTECT PERSONAL INFORMATION

We are committed to protecting the security of your Personal Information. We use technical, administrative, and organizational measures designed to protect your information against unauthorized access, theft, alteration and loss.


The safety and security of your Personal Information also depends on you.  We recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices. 


Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Website.  Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.


DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We may disclose Personal Information to our third-party vendors, known as “Processors”, to help us run our Services and our business.  We may use Processors for web hosting, tracking technologies, customer data management, e-commerce, payment processing, analytics, and geolocation services.  Processors may collect your Personal Information on our behalf and send it to us.  We may also share your personal information with these Processors.  We carefully select these partners and ensure that they are committed to data privacy and security.


We may also share your Personal Information with Square Space as needed to power our online store.  You can read more about how Square Space uses your Personal Information here.


We also use Google Analytics to help us understand how our customers use the Website — you can read more about how Google uses your Personal Information here. You can also opt-out of Google Analytics here.


We may also disclose Personal Information to Processors to support our business and your requests to us, to enforce or apply any of our terms, conditions or agreements, or as otherwise required to comply with valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law, and to the extent required to comply with disclosure requirements of personal information to law enforcement agencies, government agencies or other authorities.    


OTHER INFORMATION COLLECTED

“Other Information” is information that is anonymous, aggregated, de-identified, or otherwise does not reveal your identity. Some examples include age, gender, time zone, browser and operating system, time spent using our Services, and webpages visited.  Generally, we do not consider Other Information to be Personal Information. Regardless, if we link together Other Information in a way that renders it individually identifiable, we will treat the combined information as Personal Information.


We may also collect technical information about you when you visit our Website, which your web browser automatically sends whenever you visit a website on the Internet.  We may collect information about your use of our Website through cookies, log files, web beacons, unique identifiers and similar technology.  A "cookie" is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the Website. A “log file” tracks actions occurring on the Website, and collects data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.  A “web beacon” is an electronic file used to record information about how you browse the Website.


We may use these technologies to collect information about the ways you use our Website, to support the features and functionality of our Website, and to personalize your experience on our Website.  We use cookies to operate and improve our Website as well as to simplify our interactions with you. When you visit our Website, our servers may send a cookie to your computer or mobile device to help personalize your experience.  Additionally, when you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number). Please note if you disable your web browser’s cookies and other technologies, you may limit the functionality we can provide when you visit the Website.


ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

Your privacy rights are important to us. You can ask us to access, correct, or remove your Personal Information.  To submit a request, send an email to highthere@thcnyc.com.  Where required by law, you may also have a right to data portability.  Requests for portable data should also be sent to highthere@thcnyc.com. We may require you to prove your identity before granting access to, or agreeing to update, correct or delete your Personal Information and we will only implement requests with respect to Personal Information about you (not anyone else).   If you have questions about this policy, please contact us by email at highthere@thcnyc.com.


APPLICABLE LAWS

The laws and regulations in different countries impose different requirements on the Internet and data protection. We are located in the USA. Except as otherwise required by law, all matters relating to this Website are governed by the laws of the State of New York. Please note that any information you provide will be transferred to the USA and by submitting the information you authorize this transfer.


CALIFORNIA PRIVACY RIGHTS

This section applies solely to California consumers and addresses Personal Information we collect online and offline.  If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information.  This section uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”). To the extent provided for by the CCPA and subject to applicable exceptions and exclusions, California residents have the following privacy rights in relation to the Personal Information we collect:


  • The right to request, twice in a 12-month period, that we disclose to you the Personal Information we have collected during the past 12 months and how we have used and disclosed that personal information.
  • The right to request that we delete certain personal information we have collected from you.
  • The right to opt out of the sale of your personal information.


CHANGES TO THIS PRIVACY POLICY

We may review and update this policy periodically without any prior notice to you.  We may post a notice to our Website from time-to-time to inform you of any material changes, and/or indicate when the privacy policy was most recently updated.  In the case of material changes that may adversely affect you, we may also provide a more direct way of notifying you of changes to this privacy policy.


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ADP Terms & Conditions: BY CLICKING OR TAPPING ON I AGREE BELOW AND/OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.* If you do not agree to all of the Terms, you are not authorized to access or otherwise use the Site (as defined below).


1. SITE OVERVIEW. The Site is available only to users who have a registered user ID and password and are employees or plan participants of the employer indicated on the Site (the "Employer"). Only authorized users are permitted to use or access the Site, and such use or access is prohibited by unauthorized third parties. An "Unauthorized Third Party" refers to any third party or business that seeks to access or accesses the Site using the account credentials (e.g., user name or ID and password) of an employee or plan participant of the Employer (each a "user"), regardless of the user's purported consent, in order to access, copy or obtain information within the Site, whether such information is accessed, copied or obtained by an automated data gathering program or by other means, including data scrapers, data aggregators and any third parties seeking to monetize data obtained from ADP without ADP's express consent.


If you do not have a valid registered user ID and password issued to you or are no longer an employee or plan participant of the Employer, you are not authorized to use or access the Site; however, in certain limited instances, the Employer may permit certain of its terminated employees to access the Site for very limited purposes. The Employer, through its service agreement(s) with ADP, Inc. and/or ADP Canada Co. and/or ADP TotalSource, Inc., as applicable, ("ADP"), is providing you with access to the information and services on the Site under these terms and conditions ("Terms"). Please note that not all terms and conditions set out below may be applicable to you. Only the terms applicable to the products and services purchased by your Employer under its service agreement(s) with ADP apply. The "Site" shall refer to the site which makes available certain ADP Services (the "Services") to employee users, plan participant users and administrator users, as applicable, as authorized by the Employer.


A. EMPLOYEE/PLAN PARTICIPANT USERS. On the Site, you will be able to access certain employment-related or plan-related information and documents made available by your Employer and to participate in the "Services". These Services may permit you to update certain personal information and to make certain elections through the Site, in each case through the use of certain software proprietary to ADP and its licensors (the "Software"). As an employee or plan participant, your use is limited to your own individual use. You acknowledge and agree that it is your responsibility to submit information relating to the Services and to verify the accuracy and completeness of all such information. ADP does not review the accuracy or completeness of the information you submit.


Calculations, estimates or modeling of events or circumstances, including projected or expected annual expenses, provided on this Site are estimates only and are being provided by ADP for informational purposes only. Your actual costs and expenses may vary.


You acknowledge and understand that ADP is merely making the Site available on behalf of the Employer and is not acting as an investment advisor, broker-dealer, insurance agent or intermediary or a financial or benefit planner or tax advisor. ADP is not providing any benefits or any information related thereto. The Employer is responsible for making available all benefits and information related thereto referenced or included on the Site. The prior two sentences do not apply to employees of companies who have entered service agreements with ADP TotalSource, Inc.


You acknowledge that ADP is not rendering legal advice or other professional services. While every effort is made to provide current information, the law changes regularly and laws may vary depending upon the country, state, province or municipality. The materials in the Site are made available for informational purposes only and are not a substitute for legal advice or your professional judgment. You should review applicable law in your jurisdiction and consult counsel for legal advice. You assume all responsibility for and risk arising from your use of and reliance upon the contents of the Site.


A summary of the benefits provided under a workplace plan is usually contained in the plan's "summary plan description," or "SPD." Full details are provided in the actual governing plan documents, which govern the operation of the plan. In the event that the content of the Site is inconsistent with an SPD, the terms of the SPD will control (and if the terms of the SPD are inconsistent with the governing plan documents, the governing plan documents control). The information presented on the Site is not intended to create, nor is it to be construed to create, a contract between (1) the Employer or ADP, or their respective affiliates and (2) any one of the Employer's employees or other plan participants.


You may from time to time provide suggestions, comments or other feedback ("Feedback") to ADP with respect to the Software, Services and/or related documentation. All Feedback shall be provided voluntarily and shall not, absent a separate written agreement, create any confidentiality obligation for ADP. ADP may use, disclose, reproduce, license or otherwise distribute any Feedback it receives at its discretion.


B. ADMINISTRATOR USERS. On behalf of the Employer, you will be able to access and input certain information relating to the Employer, the Employer's employees and/or the Employer's plan participants. The information that you input may be used and relied upon by ADP and by the Employer's employees and plan participants who participate in the Services. The Services may permit employees/plan participants of the Employer to make certain elections through the Site and to update certain personal information, in each case through the use of the Software. As an authorized administrator for the Employer, you acknowledge and agree, on behalf of the Employer, that it is the Employer's responsibility to submit instructions and information relating to the Services and to verify the accuracy and completeness of all such instructions and information submitted by the Employer and the Employer's employees and plan participants.


As an authorized administrator for the Employer, you acknowledge and understand, on behalf of the Employer, that ADP is merely making the Site available and is not acting as an investment advisor, broker-dealer, insurance agent or intermediary or a financial or benefit planner. ADP is not providing any benefits or any information related thereto. As an authorized administrator for the Employer, you acknowledge, on behalf of the Employer, that the Employer is responsible for making available all benefits and information related thereto referenced or included on the Site. The prior two sentences do not apply to employees of companies who have entered service agreements with ADP TotalSource, Inc.


* Note on Binding Effect: As an authorized administrator for the Employer, your acceptance of these Terms will serve to bind BOTH you and the Employer and in accepting such terms, you represent that you are authorized to so bind the Employer. The portion of the Terms specifically applicable to "Administrator Users" will be binding upon you in your capacity as an authorized administrator and on the EMPLOYER, and the terms specifically applicable to "Employee/Plan Participant Users" or "Employees" or "Participants" will be binding upon you as an employee or a plan participant, and not upon your Employer. All other terms will be binding upon both you and the Employer.


2. REGISTRATION AND PASSWORD. In order to access and use the Site, you must provide your current user ID and password. You agree to take any and all actions necessary to maintain the privacy, confidentiality and security of your user ID and password, including, without limitation, safeguarding your user ID and password and any related credentials or user authentication information for account access in a private and secure place to ensure only authorized access to your account, adopting special precautions when accessing the Site from a computer that is available for use by other users and logging out of the Site at the end of each session. If you have reason to believe that an Unauthorized Third Party has access to your account, you should immediately change your password and notify your security administrator and/or your HR Department. You agree not to adopt any obscene, vulgar or profane user ID or password.


3. LAWS AND REGULATIONS. Access to and use of the Site, Software, and Services are subject to all applicable international, federal, state, provincial, and local laws and regulations, including export and import laws and regulations. You agree to abide by these laws and regulations, including those that apply to Sites, Software, and Services of U.S.-origin (as applicable) and those that restrict or prohibit export for certain end-uses or to certain end-users, and not use the Site, Software, or Services in any way that violates such laws or regulations.


4. PRIVACY. Any personal information provided to ADP through the Site is subject to the ADP privacy statement located at: click or tap here.


5. SECURITY. Data transmitted to and from the Site is encrypted for your protection. However, the security of information transmitted through the internet can never be guaranteed. ADP is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You are responsible for maintaining the security and confidentiality of any password, user ID or other form of user authentication required by ADP ("Authentication") involved in obtaining access to password protected or secure areas of ADP sites, and you shall not disclose any confidential account access credentials or information to Unauthorized Third Parties. In order to protect you and your data, ADP may suspend your use of the Site, without notice, pending an investigation, if any such unauthorized disclosure or breach of security is suspected.


6. COPYRIGHTS AND TRADEMARKS. The Software available on or through the Site is the sole and exclusive property of ADP, Inc. or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not use the trademarks, logos and service marks ("Marks") found on the Site for any purpose, including, but not limited to, use as "hot links" or meta tags in other pages or sites on the World Wide Web, without the written permission of ADP or such third party that may own the Mark.


7. RIGHTS TO USE SOFTWARE; NO TAMPERING. The Software includes certain computer software that is subject to copyright protection by ADP and/or ADP's licensors. You agree and acknowledge that ADP and/or its licensors retain title to the Software and any copies thereof. You are not purchasing title to the Software or copies thereof. ADP reserves all rights not expressly granted to you. You may not modify, copy, distribute, transmit, display, publish, sell, rent, license, create derivative works or otherwise use any contents, information or Software available on or through the Site for commercial or public purposes. You are granted access to use the Software on a limited, revocable, non-exclusive, and non-transferable basis, subject to these Terms. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Software). You agree not to modify, move, add to, delete, tamper with, manipulate or otherwise disrupt the Site, the Software contained in the Site, or the information contained in the Site, and further agree not to circumvent any ADP technical controls and security measures. Any attempt to do so is a violation of the rights of ADP and its licensors.


8. USE OF SITE NOT TRANSFERABLE/ASSIGNABLE. The right to use the Site (including the Software and Services) is personal to each user that is authorized to use the Site and is not transferable by such user by assignment, sublicense, or any other method to any other person or entity. Any attempt by a user to transfer such user's rights shall be void and shall constitute a breach of these Terms.


9. OFFENSIVE, DESTRUCTIVE OR INAPPROPRIATE USE. You shall not exploit the Site or the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You acknowledge and agree you are not permitted to use any personally identifiable information for personal use and you agree not to copy, reproduce, transfer or distribute any personally identifiable or confidential information other than in compliance with all laws and as permitted in connection with the Services. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ADP is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.


10. YOUR REPRESENTATIONS. You represent, warrant and covenant that: (a) you are authorized to access and use the Site; (b) all instructions and information you enter into the Site related to the Services will be accurate and complete; (c) you will verify and remain solely responsible for all instructions and information entered into the Site related to the Services; (d) you will not upload, transmit, distribute or otherwise publish through the Site any materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; (e) you will not decompile, reverse engineer, disassemble or unlawfully use, copy or reproduce any of the Software or other copyrighted or trademarked material, trade secrets or other proprietary or confidential information contained in the Site; and (f) if you are accessing ADP's background screening services, you shall not attempt to obtain any background report on yourself, associates, or any other person, except in the exercise of your official duties.


11. LINKS FROM THIRD PARTY SITES. ADP prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. ADP reserves the right to disable any unauthorized links or frames. ADP has no responsibility or liability for any material on other Web sites that may contain links to the Site.


12. LINKS TO THIRD PARTY SITES; OTHER CONTENT; THIRD-PARTY SERVICES. The Services may display, include or make available, content, data, information, applications or materials from third parties or provide links to certain third party web sites. Third party materials and links to other web sites are provided solely as a convenience to you. You acknowledge and agree that ADP is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or web sites. ADP does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services, third party materials or web sites, or for any other materials, products, or services of third parties. You also agree that any third party charges that are necessary to use the Site, such as internet charges and service provider charges, are your responsibility and not that of ADP. You understand that by using any of the third party services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use such services at your sole risk and ADP shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. ADP DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, INFORMATION OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER OF THE SITE AND ANY SUCH THIRD-PARTY PROVIDER.


13. NO WARRANTIES. ADP AND ITS LICENSORS MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SITE AND THE LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES). YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES) IS AT YOUR OWN RISK. THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES) IS PROVIDED SOLELY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ADP AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE. ADP AND ITS LICENSORS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. NEITHER ADP NOR ITS LICENSORS WARRANTS THAT THE OPERATION OF THE SITE AND THE LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES) SHALL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. ADP AND ITS LICENSORS FURTHER DISCLAIM ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE OR SERVICES) WILL MEET YOUR NEEDS.


14. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ADP OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLERY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, (I) LOSSES ARISING FROM THE FAILURE TO RECEIVE ANY BENEFITS, (II) ANY TRADING LOSSES, (III) LOSSES ARISING FROM THE USE OR THE INABILITY TO USE THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR THE SERVICES), (IV) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) DAMAGES OR LOSSES RESULTING FROM YOU SHARING OR ALLOWING ACCESS TO YOUR AUTHENTICATION INFORMATION, OR (VI) LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR SERVICES) OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADP OR ITS LICENSORS HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


15. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Site is restricted to authorized individual users only for personal use or for official business purposes on behalf of your Employer. Unauthorized access, including any access by Unauthorized Third Parties, to such areas is prohibited and may lead to criminal prosecution.


16. TERMINATION. The Site and/or access to the Software and Services may be discontinued, temporarily or permanently, by ADP at any time without notice to users. ADP shall not be liable to any employee or plan participant of the Employer or to any third party for any suspension or discontinuance of the Site, the Software or the Services. Your rights to access the Site and the Software shall terminate if you cease to be an employee or plan participant of the Employer, except as contemplated under Section 1 of these Terms. Upon termination of your access to the Site or Software, you shall cease use of the Site or Software.


17. CHANGES TO SERVICE AND TERMS. ADP is not responsible for any technical inaccuracies or typographical errors that may be contained in these Terms. ADP reserves the right to change these Terms in its sole discretion at any time. Any such changes to the Terms will become effective immediately upon being posted on the Site. You will be able to view the changed Terms by clicking or tapping on the link for Terms and Conditions after you log in and your continued use of the Site shall constitute acceptance of such changed terms. The Site and/or the Software and any Services may be modified, temporarily or permanently, by ADP at any time without notice to you. You agree that ADP shall not be liable to you or to any third party for any modification of the Site and/or the Software or the Services.


18. TRANSMISSIONS OF DATA. You acknowledge that transmissions to and from the Site could be read or intercepted by others. You acknowledge that by submitting communications through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and ADP other than pursuant to these Terms. The Site is hosted in the U.S. Data that you transmit through the Site may be accessed and/or processed by ADP, its affiliates or its trusted third party vendors within the U.S. or outside the U.S. in connection with the provision of Services by ADP to the Employer. As a result, your data may be subject to the laws of such jurisdictions, and may be accessible to the courts and law enforcement authorities in the U.S. or such other jurisdictions. By your use of the Site and your transmitting your personal information and other data, you consent to the use of your personal information and other data as required by ADP to provide these Services in accordance with the terms of ADP's applicable service agreement with the Employer.


19. CONSENT TO USE OF DATA. You agree that ADP may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. ADP may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you or the Employer. In some circumstances, ADP may share information you voluntarily provide us, such as your email address, with trustworthy service providers.


20. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, ADP has registered an agent with the U.S. Copyright Office. Notices of claimed copyright infringement on the Site should be directed to: Automatic Data Processing, Inc., 1 ADP Boulevard, Roseland, NJ 07068, Attn: Legal Department, Intellectual Property Counsel. NOTE: THIS ADDRESS IS FOR COPYRIGHT INFRINGEMENT ISSUES ONLY. ALL OTHER COMMUNICATIONS REGARDING YOUR PLAN OR YOUR EMPLOYMENT SHOULD BE DIRECTED TO YOUR PLAN ADMINISTRATOR OR YOUR EMPLOYER, AS APPLICABLE.


21. GOVERNING LAW. THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF NEW JERSEY, EXCLUDING ITS CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW JERSEY. NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, IF YOU AND YOUR EMPLOYER ARE LOCATED IN CANADA, THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO, AND THE FEDERAL LAWS OF CANADA, APPLICABLE THEREIN, EXCLUDING ANY CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO.


22. THIRD PARTY BENEFICIARIES. ADP's licensors and vendors shall be considered third party beneficiaries of these terms for purposes of Sections 13 and 14.