Website Privacy Policy

Last Updated: August 10, 2022

The Fourth Floor values its users’ privacy. This Privacy Policy (“Policy”) describes the practices “The Fourth Floor,” “we” or “us” use for collecting, using, maintaining, and disclosing information that we collect from you or that you provide to us when you visit our website (our “Site”), along with any other products and services made available by us (collectively with the Site).

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. This Policy will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with The Fourth Floor of our commitment and realization of our obligation not only to meet but to exceed most existing policy standards. This Policy is specific to The Fourth Floor Website, which is separate and different from the Platform Privacy Policy. 

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time The Fourth Floor decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when the information was collected, the user(s) shall be notified by email. User(s) at that time will have the ability to permit or deny the use of their information. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new policies. 

Through the use of http://thefourthfloor.co, you are therefore consenting to the data collection procedures expressed in this Policy. Please note that this Policy does not govern the collection and use of information by companies that The Fourth Floor does not control, nor by individuals not employed or managed by us. If you visit a website that we mention, embed, or link to, be sure to review its privacy policy before providing the site with information. 

Who We Are

Our website address is http://thefourthfloor.co.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

The information we collect from you falls into two categories: personally identifiable information (“Personal Information”) and non-personally identifiable information (“Non-Personal Information”). Below are the various ways in which we may collect Personal Information and Non-Personal information from you.

INFORMATION WE AUTOMATICALLY COLLECT. We and third-party service providers acting on our behalf which may include third-party analytics service providers and third-party advertisers, may incorporate technology such as “cookies” and “web beacons” that allow us to track the actions of users of our Site automatically. For example, we may automatically collect information about your location, your internet connection, your browser when you access the Site, the website address that linked you to our Site, the website that you visit after using out Site, and the details of how you used our Site, such as how often you used our Site and which features of the Site you used. 

THIRD-PARTY INFORMATION COLLECTION. When you use the Sites, certain third parties may use cookies or other automatic information collection technologies to collect information, including Personal Information about you and your online activities over time and across different websites. We do not control these third parties’ tracking technologies or how they may be used. If you have concerns about their data collection practices, you should review the privacy policies of those third parties or contact them directly. 

INFORMATION YOU VOLUNTARILY PROVIDE TO US. If you contact us by phone, email, social media, or by some other means, we may keep a record of your contact information (including your name, company name, email, address and phone number) and the correspondence. When we send emails we may also track whether you open them to determine more helpful emails and improve our Services. Personal Information may be obtained from online form submissions or in connection with other activities or services made available on the Site. You acknowledge that you provide your Personal Information at your own risk. 

FINANCIAL INFORMATION. Purchases for our Platform Memberships are not made on the Site. If you are concerned about Financial Information obtained, please look at the Platform Privacy Policy. 

HOW WE USE YOUR INFORMATION

We may use information that we collect about you or that you provide to us, including Personal Information, to measure usage of the Site, to analyze the effectiveness of our Site, to conduct research, to improve and enhance functionality of the Site, to provide support for the Site and respond to requests and inquiries, to provide you with notices, such as updates or changes that we may make to the site, and to the market and advertise the site, including through promotional e-mail messages, directly or in partnership with other parties, and by displaying out advertisements on other websites that you visit or use.

Personal Information will be retained only for as long as it serves a purpose consistent with the expectations of the reasonable user given the context of the collection. Non-Personal information may be stored indefinitely.

Except as otherwise stated in this Policy, we do not sell, trade, rent, or otherwise share your personal information with third parties for marketing purposes without your consent. We share personal information with vendors who are performing services for the Company. Those vendors use your personal information only at our direction, in connection with the Services, and in accordance with our and their Privacy Policy. 

DISCLOSURE OF YOUR INFORMATION

We may disclose your Personal Information and Non-Personal Information to service providers, third parties, such as partners, vendors, subcontractors and consultants, to perform certain business-related functions that help make the Site and our offerings available and functioning, including, but not limited to, design services, installation services, website hosting, data analysis, technical services, customer service and support, and email delivery services. 

We may disclose aggregated user statistics and other data with our affiliates, agents, and current or prospective business partners. This aggregate information does not personally identify you. 

REQUIRED DISCLOSURE OF INFORMATION. The Fourth Floor will disclose your information where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and reasonable requests of law enforcement; (b) to enforce our Terms or to protect the security or integrity of our Site; and/or to exercise or protect the rights, property, or personal safety of The Fourth Floor, our users, or others. 

CHOICES ABOUT HOW WE COLLECT, USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding our collection, use, and disclosure of the information you provide to us. The mechanism listed below aim to provide you with control over such collection, use and disclosures:

MARKETING COMMUNICATIONS. If you do not want us to send you marketing and promotional communications you can opt-out by clicking the “unsubscribe” link in any such promotional emails or emailing us at info@thefourthfloor.co

COOKIES. You have the option to accept or disable cookies at any time through your browser. You may refuse to accept browser cookies by activating the appropriate setting on your browser. If you choose to disable your cookies, your user experience may be limited. 

GOOGLE ANALYTICS. You can opt out of tracking by Google Analytics by using Google’s Ads Settings. 

NOTICE TO CALIFORNIA RESIDENTS. California Civil Code Section 198.83, also known as the “Shine The Light Law,” permits our users who are California residents ot request and obtain from us, once a calendar year and free of charge, information about personal information, if any, we disclose to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to info@thefourthfloor.co

ACCESSING AND CORRECTING YOUR INFORMATION

If you wish to access, update, or delete any Personal Information in our possession that you have previously submitted via the Site, please contact info@thefourthfloor.co. We do not guarantee that any Personal Information can be removed completely.

VISITOR DATA

This website is hosted by GoDaddy. GoDaddy may collect personal data when you visit this website, including:

  1. Your IP address 
  2. Information about your browser, network, and device 
  3. Web pages you visited prior to coming to this website
  4. Web pages you view while on this website. 

 

GoDaddy needs this data to run this website, and to protect and improve its platform and services. Data is analyzed in a de-personalized form.

Embedded Content from other Websites

This Site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. The Fourth Floor does not claim nor accept responsibility for any privacy policies, practices, and/or procedures of other websites.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. The policies and procedures described in this Policy do not apply to the third-party sites, even if you access them through the Site. The display of The Fourth Floor logo or other intellectual property on other third-party sites does not imply that we endorse, have reviewed, or are in any way affiliated with said third party.  We encourage all users and visitors to read the privacy statements of every website that collects personally identifiable information. 

Fonts

This website uses font files from Google Fonts. To properly display this site to you, servers, where the font files are stored, may receive personal information about you, including: 

  • Your IP address
  • Information about your browser, network, or device

CHILDREN UNDER THE AGE OF 13

Our Site is intended for users who are 18 years of age and older. If you are under the age of 13, you are not permitted to submit any Personal Information to us. If you believe we might have any information from or about a child under 13, please contact us at info@thefourthfloor.co.

Notice to European Union Users

The Fourth Floor’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. By providing personal information to us, you are consenting to its storage and use as described in this Policy. 

DATA RETENTION

We strive to keep your information only as long as we need it for legitimate business purposes and as permitted by applicable legal requirements. If you close your Membership with The Fourth Floor Platform, we will retain certain data collected on the Site for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our Site or our users, or take actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Policy, retention of that information will be subject to those third parties’ policies. 

You acknowledge that The Fourth Floor may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on The Fourth Floor’s servers on your behalf. You agree that The Fourth Floor has not responsibility or liability for the deletion or failure to store any data or other content maintained or shared on the Site. 

STORAGE AND PROCESSING IN OTHER JURISDICTIONS

Personal Information collected through the Site may be stored and processed in the UUnited States or any other country in which The Fourth Floor or its subsidiaries, affiliates, or service providers maintain facilities. If you are located in the European Union or other jurisdictions with laws governing data collection and protection that differ from U.S. law, you acknowledge that we may transfer Personal Information to a country or jurisdiction that has different data protection laws than the data protection laws of the country in which you reside and you expressly consent to the transfer of information, including Personal Information, to the United States or any other country in which The Fourth Floor or its partners, affiliates or service providers maintain facilities.

Acceptance of terms

By using this website, you are hereby accepting the terms and conditions stipulated within the Policy. If you are not in agreement of our terms and conditions, then you should refrain from further use of our website(s). In addition, your continued use of our website following the posting of any updates or changes to our terms will mean that you agree and accept such changes.

INDEMNITY

You agree to indemnify and hold harmless The Fourth Floor and its Board members, directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation to reasonable attorney’s fees) or other expenses that arise directly or indirectly out of or form (a) your breach of any provision of this Policy; (b) your activities in connection with the Website; or (c) unsolicited information you provide to The Fourth Floor through The Fourth Floor Website.

How to contact us

If you have any questions or concerns regarding the Policy related to our website, please feel free to contact us at the following email. 

Email: info@thefourthfloor.co

Website Terms of Use

Last Updated: August 10, 2022

ACCEPTANCE OF THE TERMS

The following terms and conditions, (these “Terms”) are entered into by and between you and The Fourth Floor (“The Fourth Floor”, “we”, “us”, or “ours”). These terms govern you access to and use of our website, thefourthfloor.co (the “Site”), along with ant other services offered by us, whether through the Site or otherwise (collectively and together with the Site). 

Please read these Terms carefully. By accessing, browsing or otherwise using the Site or by clicking to accept Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Site as described in these Terms, and (3) accept and agree to be bound by these Terms,including any other terms applicable to the Site that are incorporated herein by reference. If you are using the Site on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have authority to bind that entity to these Terms (in which “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Site. 

PRIVACY POLICY

Your use of the Site offered by The Fourth Floor is subject to the terms set forth in our privacy policy located at thefourthfloor.co/privacy-policy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

CHANGES TO THE TERMS OF USE

We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Site constitutes your acceptance of the revised Terms.

ACCESS TO SITE

By accessing the Site, you warrant that:

  1. You are legally capable of entering into binding contracts;
  2. All registration information you submit is truthful and accurate;
  3. You will maintain the accuracy of such information; and 
  4. Your use of the Site does not violate any applicable law or regulation. 

PURCHASE OF MEMBERSHIPS

Memberships are not available for sale on the Site, please see the Platform Terms of Use page for more details.

ELIGIBILITY; USER RESTRICTIONS

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and can form legally binding contracts with us to use the Site. Individuals under the age of 18, or the applicable age of majority (“Minor”) may utilize the Site only with the consent and support of a parent, legal guardian or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Site, you agree to be bound by the Minor’s use of the Site and by these Terms, If you are under the age of 18 or the applicable age of majority and do not have the requisite consent, please do not attempt to access or use the Site. 

You can only use or receive the Site to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdictions, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Site. 

Your use of the Site means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Site. We may also change our eligibility criteria. We may also suspend or terminate your use of the Site as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. 

USE OF THE SITE; RESTRICTIONS ON USE

We may from time to time in our sole discretion develop and provide updates to the Site, change the Site, restrict access to the Site or withdraw or terminate the Site entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Site and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Site. In the event of modification or termination, you will be bound by your obligations under these Terms, including warranties made by you, and by the disclaimers and limitations of liability. 

You may only use the Site as explicitly authorized and in compliance with any policies made available to you within the Site. You will not use such prosperity information or materials in any way except for permitted use of the Site. No portion of the Site may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Site;

  1. Use the Site or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
  2. Express or imply that any statements you make are endorsed by The Fourth Floor or our partners;
  3. Scrape the Site or use other automated or manual means to take our content without our express prior written consent;
  4. Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the content of the Site not intended to be so read;
  5. Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
  6. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  7. Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site, including without limitation other accounts, computer systems or networks connected to the Site;
  8. Run any form of auto-responder or “spam” on the Site;
  9. Access or use the Site for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or 
  10. Otherwise take any action in violation of these Terms. 

INTERNET

You also acknowledge and agree that your use of the Site requires Internet access and bandwidth and we do not own or control all aspects through which the Site is provided and cannot guarantee the performance of such facilities, equipment and communications lines. The Internet is not a secure network and third parties may be able to intercept, accept, use or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data.

LINKS TO THIRD PARTY WEBSITES

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Although a third-party website may contain The Fourth Floor’s logo or other intellectual property elements, please understand that it is independent from The Fourth Floor and that The Fourth Floor has no control over the content of that website. These links do not imply endorsement of, sponsorship of, or affiliation with The Fourth Floor. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense cause or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

SOCIAL MEDIA

The Fourth Floor will not tolerate certain social media conduct by users of the Site, whether indirectly or directly targeting or relating to The Fourth Floor, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kinds; or (c) conduct that violates any law or regulation. In the event that The Fourth Floor feels that you have breached these Terms, The Fourth Floor reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding The Fourth Floor or any of The Fourth Floor’s officers, directors, employees, personnel, agents, policies, services or product or other members, The Fourth Floor may immediately terminate you Membership or use of this Site and reserve its full legal rights to pursue legal damages against you. 

INTELLECTUAL PROPERTY

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Site, including without limitation, all technology, process, enhancements, trademarks, service marks, site design, text, video, graphics, logos, icons, as well as the arrangement thereof. You acknowledge that the Services constrain proprietary content, information and material protected by applicable intellectual property and other laws including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Site does ot give you any ownership of any intellectual property in our Site or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or intellectual property laws. 

You may no download, display, copy, reproduce, distribute, modify, perform, transfer, sell or otherwise exploit any content, code, data or materials in the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. 

You may not access or use for any commercial purposes any part of the Site or materials made available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Site. 

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us as info@thefourthfloor.co.  

AVAILABILITY OF THE SITE

Although we aim to offer you the best service possible, we make no promise that the Site will meet your requirements and we cannot guarantee that the Site will be fault free. If a fault occurs on our Site, please report it to us at info@thefourthfloor.co and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Site is unavailable from time to time. 

Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new features and items. We will restore the Site as soon as we reasonably can. 

THIRD PARTY MATERIALS AND CONTENT

You understand that the Site may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third-party websites (“Third Party Materials”). In consideration for The Fourth Floor allowing you to use the Site, you agree that we, our affiliates, and third-party partners may place advertising on the Site. 

You acknowledge and agree that the Site is not responsible for examining or evaluating the content, accuracy, completeness, timeless, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of the Third-Party Materials and you further acknowledge and agree that The Fourth Floor shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services in connection with any Third-Party Materials. 

Use of any third-party trademarks or third-party content on or in connection with the Site does not constitute affiliation without endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners. 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Fourth Floor, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, supplier, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or your use of any information obtained through use of the Sites.

GOVERNING LAW

No matter where you are located, the laws of the State of New Jersey will govern these Terms and the relationship between you and the Company as if you signed these Terms in New Jersey, without regard to New Jersey state’s conflict of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New Jersey for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms.

ARBITRATION

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

SEVERABILITY

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Sites. ANy rights not expressly granted herein are reserved.

FORCE MAJEURE

We take our commitment to customers seriously, and we will do what we can for you. However, sometimes things come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable controls, including, without limitations, mechanical, electronic or communication failure.

ASSIGNMENT

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

WAIVER

If we do not enforce any part of these Terms, it does not mean we give up the right to enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

COMMENTS, CONCERNS AND COMPLAINTS

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to info@thefourthfloor.co.