The information that we collect
When you use the Asentiv site, we receive and collect certain information. The information that we receive and collect depends on what you do when you visit Asentiv.
Automatically Collected Information
Some information is automatically received and sometimes collected from you when you visit the Asentiv site. We receive and collect the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the web site from which you linked directly to our site. We use this information to monitor the usage of our site. Also, when we send emails to you, we may be able to identify information about your email address, such as whether you can read graphic-rich HTML emails. All of the information we automatically capture provides us with the ability to enhance our customers’ search and shopping experiences and to determine aggregate information about our user base and usage patterns.
Information Collected via Cookies
If you would like to obtain more information about the third-party distributor of banners on the Asentiv site and to know your choices about having such distributor’s cookies turned off, please visit www.privacychoices.org. If you turn off the third-party distributor’s cookies, you will still see banners on our site; however, the banners will not be tailored to your shopping experience.
Information You Actively Submit to Asentiv
For most of the browsing services we provide, we neither require nor collect “Personal Customer Information” — your name, email address, billing address, shipping address(es), phone number and credit card information. You can browse the Asentiv site and take as much time as you want to view our products and services without having to submit such Personal Customer Information. Even when you use our shopping cart as you browse, there is no need to submit Personal Customer Information.
In the following instances, however, we do need you to actively submit Personal Customer Information: when you want to create an account or complete an order.
Creating an Asentiv Account. You can create a password-protected Asentiv account to complete an order or to save items in your shopping cart. To create an account, we require that you provide us with the following Personal Customer Information: your email address (which may not be associated with another active Asentiv account), and your first and last names. You will also have to create a password.
Completing an Order. If you have a Asentiv account that you want to use to complete an order, we will require you to access that account. We will then use the Personal Customer Information stored in that account to complete the order, or require you to input additional Personal Customer Information such as payment information.
How we use and share Personal Customer Information
Asentiv does not share Personal Customer Information with third-party service providers, vendors or subcontractors.
Credit card companies
Credit card transactions are handled by a third-party financial institution and their vendors, which receive the credit card number and other personal identifying information only to verify the credit card numbers and process transactions.
Law Enforcement Investigations
Asentiv may release Personal Customer Information when we believe, in our good judgment, that such release is reasonably necessary to comply with law, enforce or apply the terms of any of our policies, or to protect the rights, property, or safety of Asentiv, our users, or others.
Communications from Asentiv
As a Asentiv account holder, you may receive the following communications from Asentiv:
Communications related to transaction, account and website maintenance activities.
By creating a Asentiv account or making a purchase without a Asentiv account, you may receive communications from us relating to: order confirmations; order updates; order problems; important website information and material changes to site policies and account management procedures.
Placing an Order Without a Asentiv Account
You can place an order at Asentiv without an account at any time. You will need to submit an e-mail address and other Personal Customer Information such as billing address, shipping address, and payment information. Afterwards, with the use of your e-mail address and order number, you will be able to view certain order information in the Order Status section of our website such as the billing address, shipping address, some payment information and order total. If you do not wish to have this information displayed with the use of your e-mail address and order number, please place your order using a Asentiv account which provides the added security level of password-protected access to such information.
Our products and services are marketed for purchase by adults or with the consent of adults. This is why Asentiv requires a credit card that has been authorized for use to complete purchases on our site.
Linking to third-party web sites
When you click on links and banners on our site that take you to third-party web sites, you will be subject to the third parties’ privacy policies. While we support the protection of privacy on the Internet, Asentiv cannot be responsible for the actions of any third-party web sites. We encourage you to read the posted privacy statement of any and every site you visit, whether you are linking from our site or browsing on your own.
SESSIONS – All Sessions will be carried out at the specified places and times during the Period.
ATTENDANCE – You will make every endeavor to attend all Training sessions. If you are unable to attend any session, you will make every endeavor to advise Asentiv of your non-attendance no less than 24 hours in advance. If Asentiv has to reschedule a training session, there is no charge to you and an alternative date and time will be agreed.
ENGAGEMENT OF COACH – Asentiv shall arrange a designated Coach to provide the training to you during the period at specified times and places. The designated coach will use best endeavors to make themselves available for the entire Period. Asentiv may in its discretion arrange for a substitute, duly qualified coach for all or any of the sessions if the designated coach is unavailable for all or part of the period.
TRAINING OF COACH – All Asentiv locations warrant that its coaches are certified with Asentiv and reasonably capable of performing the Training activities.
PAYMENT FOR TRAINING – Payment for the Training shall be by way of cash, check or credit card.
PREPARATION FOR SESSIONS – you must strive to perform all actions committed to in the training sessions and also carry out any act, matter or thing in preparation for future sessions as mutually agreed upon. You must advise Asentiv as soon as you become aware that these actions will not or cannot be performed. If you continually do not carry out such actions, then this agreement shall be terminable by Asentiv (and the provisions below relating to termination shall apply).
NO WARRANTIES GIVEN – Asentiv makes no representation or warranty to you that any of the training methods or the sessions will work for your particular circumstances. You will not hold Asentiv responsible for the failure (in whole or part) to achieve any of your goals. If you are not satisfied with results generated for you as a result of the training, Asentiv may, at its sole discretion, reimburse payments made by you with regard to the training.
INTELLECTUAL PROPERTY RIGHTS – You have no right to use or reproduce any of the processes, techniques, presentations, methodologies, precedents and materials used in the training activities (“Materials”). You must not at any time use or reproduce the materials
in any manner, shape or form (except for your own personal use) and shall ensure that none of your servants, agents or any related corporate bodies use or reproduce the materials in any manner, shape or form. You shall indemnify and keep Asentiv indemnified in respect of any loss or damage caused or sustained by it in the event of your breach of this paragraph.
CONFIDENTIAL MATERIAL – As part of the training, Asentiv may need to obtain your personal details or confidential material relating to you personally. Asentiv New York shall use reasonable endeavors to ensure that such material shall not be disclosed to any third
party without your consent.
COACH AS INDEPENDENT CONTRACTOR – You acknowledge that you have engaged the Asentiv New York coach solely as an independent contractor. The Coach acts at all times as an independent contractor and has no authority to bind or represent any other party in any way. You shall not hold any party liable for any act matter or thing done or to be done by the coach in the course of the Training or the Sessions.
TERMINATION OF AGREEMENT – Asentiv New York may terminate this Agreement before the end of the Period on written notice to you
i. you fail to perform or observe any of the terms of this Agreement and fail to remedy such breach within 5 business days of notice
from Asentiv New York to remedy that failure;
ii. you fail to perform any term of this Agreement which is incapable of remedy;
iii. an insolvency event occurs in relation to you (for instance, you become bankrupt or some arrangement or court order is made orproposed in relation to all or any of your assets); or
iv. any payment drawn or endorsed by you for the purposes of this agreement has been dishonored and you fail to honor such payment within 5 working days of a notice from Asentiv to honor the said payment.
You may terminate this agreement if the matters raised in paragraphs (i) and (ii) are applicable to Asentiv. Either you or Asentiv may terminate the agreement at any time by mutual agreement.
PROCEDURE ON TERMINATION – If the agreement is validly terminated prior to the end of the Period then you must immediately pay Asentiv the balance (if any) of any monies owed by you under this agreement. Upon termination, Asentiv shall immediately cease to be liable to you in respect of the Training and the Sessions.
INTEREST FOR LATE PAYMENT OF MONIES – If you fail to pay the amounts owing under procedure on termination then you shall in addition pay Asentiv interest at a rate of 10% per annum on all monies outstanding, calculated on and from the date on which the monies were due. Such monies together with interest owing shall be a debt due from you to Asentiv.