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Privacy and Terms of Use
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Actus Privacy Statement and Terms of Use
The Web pages available at www.actuslendlease.com and www.lendleaseactus.com (“Website”) are owned and operated by Actus Lend Lease, LLC. (“Actus”), a Delaware limited liability company. The following Privacy Statement will apply to your access to the Website, and your access and continued access of this Website signifies your agreement to the following terms and conditions.
WHAT DOES THIS PRIVACY STATEMENT COVER?
This Privacy Statement covers Actus’ treatment of personally identifiable information (“Personal Information”) that Actus gathers when you are accessing the Website. This policy does not apply to the practices of companies that Actus does not own or control, or to individuals that Actus does not employ or manage. In addition to the provisions of this Privacy Statement, there may also be specific and additional privacy provisions that apply to certain sections of this Website. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Statement and those other specific and additional provisions, the specific and additional provisions will prevail.
INFORMATION COLLECTED
The information about you which this Website may collect includes:
· information collected when we invite you to submit your resume to us through the Website for consideration of employment;
· the content of electronic forms you submit via this Website, requesting us to provide services or information, or take action;
· any messages or comments you submit to us via this Website, which may include Personal Information such as name, email address and telephone number
We may also collect aggregated information which tells us about visitors to this Website but not the identity of those visitors. For example, we may record your IP address, and collect information about the date, time and duration of visits and which pages of this Website are most commonly accessed. This information is used by us to help to administer and improve the Website.
NO COOKIES
This Website does not use “cookies”, being small text files which are placed on your hard drive by some websites to store information.
USE AND DISCLOSURE OF PERSONAL INFORMATION
We will use or disclose Personal Information that we collect through the Website in accordance with this Privacy Statement, for the purpose(s) for which we collected it, where you have consented to the use or disclosure, or for purposes related to Actus Lend Lease’s normal business operations. We collect Personal Information to help us to provide products and services requested by individuals. Related purposes for which Personal Information may be used or disclosed include the following:
· to provide you with information relating to Actus and/or its affiliated entities (“Lend Lease Group”) or promotional details about products and services that may be of interest to you, unless you have previously advised us that you do not wish to be contacted for those purposes;
· where you have provided your resume, to consider you for particular jobs that may arise in the Lend Lease Group;
· purposes related to the Lend Lease Group’s internal research (including market research), planning, product and service development, security and testing;
· purposes connected with the operation, administration, development or enhancement of this Website; and
· where Actus suspects that fraud or unlawful activity has been, is being, or may be engaged in
We may provide the Personal Information we collect through this Website to third parties. The types of third parties to whom we would usually disclose that Personal Information may include:
· our service providers who assist us in providing this Website and our products and services (for example internet and technology service providers, mail houses, delivery companies and call centers); and
· parties acquiring an interest in the Lend Lease Group.
We use and disclose aggregated non-personally identifying information collected through the Website as part of our process of constantly improving the Website.
HOW WE HANDLE EMAIL AND “CONTACT US” MESSAGES
We may preserve the content of any email or “Contact Us” or other electronic message that we receive. Any Personal Information contained in those messages will only be used or disclosed in ways set out in this Privacy Statement. The message content may be monitored by our service providers or our employees for purposes including compliance auditing and maintenance or where email abuse is suspected.
LINKS TO THIRD PARTY WEBSITES
This Website may, from time to time, contain links to the websites of other organizations that may be of interest to you. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements.
SECURITY
Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): We use a number of mechanisms to protect the security and integrity of Personal Information. However, ACTUS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY OTHER SITE LINKED TO THE WEBSITE. Actus will not be liable for the privacy of email addresses, identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Actus’ equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Website.
Some portions of the Website may be protected by a username and password for your privacy and security. It is your responsibility to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
YOUR CONTROL OF PERSONAL INFORMATION
If you wish to request access to any other Personal Information which we hold about you as a result of our information collection practices outlined in this Privacy Statement, please contact us using the “Contact details” set out below. Please provide as much detail as you can about the particular information you seek, in order to help us retrieve it. An access fee may be charged to cover our costs of providing the information to you.
If you do not wish to receive email or other mail from us, please contact the Actus Lend Lease Privacy Officer as indicated in the Contact Details section. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes. As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features on the Website.
CHANGES TO THIS PRIVACY STATEMENT
We will post any changes to this Privacy Statement on the Website, so we encourage you to check this Privacy Statement from time to time. Any information collected under this current Privacy Statement will be handled in accordance with this Privacy Statement. After the changes take effect, all new information collected, if any, will be subject to the revised Privacy Statement.
CONTACT DETAILS
If you have any questions or feedback about privacy, wish to make a query about your Personal Information or to make a complaint about the way in which we have handled your Personal Information, you may contact us as set out below:
Email: mike.goodwin@actuslendlease.com
Phone: (615) 963-2676
Privacy Officer: Mike Goodwin
ACTUS TERMS OF USE
The Web pages available at www.actuslendlease.com or www.lendleaseactus.com (“Website”) are owned and operated by Actus Lend Lease, LLC. (“Actus”), a Delaware limited liability company. Your access and continued access of this Website signifies your agreement with the following terms and conditions:
ACCESS TO THE WEBSITE
By using the Website, you signify that you agree to these Terms of Use. In addition, when using particular services available on the Website, you may be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of this Website after the posting of changes to these terms will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more affiliates of Actus, and you should refer to those before using such services. All references in this Website to “$” or “dollars” are references to United States currency unless otherwise stated.
CONTENT
All materials displayed or performed on the Website (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, trademark or other applicable law. You agree to abide by all copyright and trademark notices, information, and restrictions contained in any Content accessed through the Website. Except as expressly permitted in these Terms of Use, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content or the Website, in whole or in part. You acknowledge and agree that if you contribute Content to the Website, such Content will become Actus property and you hereby assign all rights, title and interests in and to such contributions to Actus. Actus reserves the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Actus is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You may download or copy the Content for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Actus, or from the copyright holder identified in such Content’s copyright notice. “Lend Lease” and the canopy device are the registered trademarks of Lend Lease in Australia. Any trademarks appearing in this Website are the trademarks of a member of the Lend Lease Group or a third party. You may not use any of the trademarks that appear in this Website.
THE CONTENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS WEBSITE CONSTITUTES AN OFFER OF, OR AN INVITATION TO PURCHASE OR SUBSCRIBE FOR, SECURITIES.
RESTRICTIONS
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain private information from any Actus user.
Use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You may not run Maillist, Listserv, any form of auto-responder, or “spam” on the Website, or any processes that run or are activated while you are not logged in.
LINKS
The Website may include links to other websites solely as a convenience to you. Actus does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Actus makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
WARRANTY DISCLAIMER
THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACTUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACTUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACTUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ACTUS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
You will indemnify and hold Actus, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Website, the violation of this Agreement by you, or the infringement by you, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ACTUS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEBSITE, EVEN IF ACTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL ACTUS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
TERMINATION
Actus may in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Actus will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Actus’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). This Agreement is not assignable, transferable or sublicensable by you except with Actus’ prior written consent. These terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Website shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Actus in any respect whatsoever.
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