Privacy Policy

Privacy Policy

TierPoint is committed to maintaining your confidence and trust, and accordingly maintains the following Privacy Policy to protect the personal information you provide online. If you have any questions or comments, please feel free to reach out to infosec@TierPoint.com for policy clarification or general assistance.

Collection and Use of Information
TierPoint will only collect your personal information (such as your name, email address, physical address, or telephone number) if you provide it voluntarily in person, via telephone, electronically via websites, or email.

TierPoint will only use the personal information for purpose of conducting business, including offering employment opportunities at TierPoint and offering products and services by TierPoint and its affiliated third-party service providers. If you do not want your personal information to be collected by TierPoint, please do not submit it. TierPoint will not retain your personal information provided by you longer than is necessary for the purpose for which it is provided or to comply with business, regulatory or legal requirements.

Retention Policy

TierPoint will delete your personal information no later than 24 months after you provide it unless you engage with TierPoint to inquire about our products and services or become a customer. In accordance with the Access section below, you may request that your information is deleted at any time.

Cookies

TierPoint may employ the use of “cookies” in the process of marketing and advertising throughthird-partyy companies. A “cookie” is a small piece of computer code that enables web servers to identify users. Cookies do not store any information that you have provided outside of forms you purposely fill in. You have the ability to delete cookie files from your hard drive at any time or avoid cookies by configuring your browser to reject them or to notify you when a cookie is being placed on your hard drive.

Use of Personal Information

TierPoint only uses the information which is provided through this website to help improve TierPoint’s services, to provide you with the products you have requested, to inform you about additional products or services that may be of interest to you, for marketing purposes, and for other internal purposes. TierPoint does not sell, trade or rent your personal information to others outside of TierPoint affiliated companies and their advertising and promotional agencies and consultants.

Information Sharing with Third Parties

TierPoint may provide personal information to third parties a) to assist the development of and provision of TierPoint related products and services to you and b) to establish accounts, billing, collection of payment, enforcing TierPoint Term and Conditions and/or the Acceptable Use Policy services where permitted by law, and protecting or enforcing our ability and rights to protect our other customers from fraudulent, abusive, or unlawful, use by you of our services c) to comply, in accordance with the law, with court orders, civil or criminal subpoenas, and law enforcement, legal and governmental investigations.

Choice
You may choose to “opt out” of any third-party sharing of personal information (unless it was obtained in accordance with the “Use of Information” above) or the use of the personal information contradicts or is incompatible with the use for which it was collected.

Access
If you wish to obtain a copy of the personal information collected by TierPoint or correct, amend, delete personal information collected by TierPoint, please contact TierPoint via email or mail at the address listed below.

Security
TierPoint has implemented a number of security features throughout the TierPoint website to prevent the unauthorized release of or access to personal information. Database information is kept separate from live servers and is firewall protected. However, please be advised that although TierPoint has endeavored to create a secure and reliable site for you, the confidentiality of any communication or material transmitted to or from TierPoint via the TierPoint website or e-mail cannot be guaranteed. When disclosing any personal information, you should be mindful of the fact that it is potentially accessible to the public, and, consequently, personal information can be collected and used by others without your consent. TierPoint has no responsibility or liability for the security of information transmitted via the Internet.

External Web Sites
To the extent hyperlinks or banner advertisements incorporating hyperlinks are utilized to access third party websites, you should be aware that these third party websites are not controlled by TierPoint and, therefore, are not subject to this Privacy Policy. You should check the privacy policies of these individual websites to see how your personal information will be utilized by the operators of those third party websites.

Your Consent
By using TierPoint’s website, you consent to the collection and use of this information by TierPoint. TierPoint may modify this Privacy Policy from time to time. If TierPoint decides to change this Privacy Policy, such changes will be posted on this page. We encourage you to periodically review the Policy and note any changes or updates. If TierPoint decides to materially change the manner in which it uses personal information, we will post the change 30 days prior to the change. Your continued use of this website and associated TierPoint services following the posting of changes to these terms will signify your acceptance of these changes. Please contact TierPoint at infosec@TierPoint.com for more details.

Your Rights

At any time, you have the right to inspect your data, request changes to your data, opt out of any or all communications, modify your communication preferences, or have your data deleted. For such requests, you may contact TierPoint via email: infosec@tierpoint.com.

EU – US Privacy Shield

TierPoint complies with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. TierPoint has certified to the Department of Commerce that it adheres to the Privacy Shield principals of notice, choice, onward transfer, security, data integrity, access, and the enforcement powers of the U.S. Federal Trade Commission (FTC). To learn more about the EU-US Privacy Shield program and to view TierPoint’s certification please visit https://www.privacyshield.gov

Our accountability for personal data that we receive under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, we remain responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.

We Self-Certify in Compliance with:

EU-US Privacy Shield Dispute Resolution

In compliance with the EU-US Privacy Shield Principles, TierPoint commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact TierPoint at:

Paul Mazzucco
Chief Information Security Officer
9999 Hamilton Blvd.
Breinigsville, PA
610-994-3030

If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, TierPoint has chosen JAMS (https://www.jamsadr.com/eu-us-privacy-shield) as their alternative dispute resolution (ADR) for any privacy claims that require next level arbitration. The services of the JAMS are provided at no cost to you. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means.

Terms of Use

TierPoint and its affiliates (collectively “TierPoint,” “we,” or “us,”) welcome you to this website. By accessing, using, browsing and/or linking to this website, you agree to abide by and be bound by the following Terms of Use (the “Terms”) and to comply with all applicable laws and regulations. From time to time, we may modify the Terms, and you agree to accept and be bound by any such modifications.  The TierPoint Privacy Policy is available to view on this website, and it is incorporated into these Terms.

TierPoint Intellectual Property

All contents of the TierPoint website, including, without limitation, text, images, graphics (collectively, the “Contents”) the copyrighted work of TierPoint, its subsidiaries, affiliates, vendors or licensors.  Except as expressly authorized by TierPoint, the Contents may not be republished, reproduced, downloaded, displayed, distributed, or posted in any form or by any means.  Elements of the TierPoint website and the Contents are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. If you believe the TierPoint website or the Contents infringe upon your intellectual property rights please contact marketing@tierpoint.com.

User Submissions

Except as otherwise set forth in TierPoint’s Privacy Policy, any materials, information or other communication that you transmit or post to this website will be considered non-confidential and non-proprietary, and TierPoint and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use such materials, information, or other communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

Links to Third Party Websites

Links to third party websites on this website are provided solely as a convenience to you. TierPoint does not endorse or make any representations about these third party websites or their content.  TierPoint has not reviewed all of these third party sites, and TierPoint does not control and is not responsible for any of these sites, their content, or any results that may be obtained from using them. Accessing any of the third party websites linked to this website will be entirely at your own risk.

Linking to TierPoint’s Website

By sending an email request to marketing@tierpoint.com, you may request permission to create a hypertext link to TierPoint’s website from your website. If TierPoint provides such permission, the hypertext link to TierPoint’s website must properly attribute the linked website to TierPoint. Neither your website nor your link to this website (a) shall imply TierPoint’s sponsorship or endorsement of your website or the products, services, or materials promoted or set forth on your website; (b) shall contain republished, redistributed, or copied materials from this website, including by framing or other means; or (c) shall misrepresent the relationship with TierPoint or contain any false, misleading, or derogatory information about TierPoint or its products or services.

Disclaimer of Warranties

THIS WEBSITE AND THE CONTENTS ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” TIERPOINT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No advice or information, whether oral or written, obtained by you from TierPoint, shall create any warranty not expressly made herein. The information and services at this website may be out of date, and TierPoint makes no commitment to update the materials and services at this website.  Information published at this website may refer to products, programs or services that are not available in your area.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TIERPOINT (INCLUDING ITS PARENTS, SUBSIDIARIES AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TIERPOINT AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF TIERPOINT (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO TIERPOINT FOR THE USE OF THE WEBSITE.

Indemnification

By using this website, you agree to indemnify, defend, and hold harmless TierPoint (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of this website. Your indemnification obligation shall survive any termination or modification of the Terms. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with TierPoint in connection with our defense.

Waiver

No delay or omission by TierPoint to exercise any right occurring upon any noncompliance on your part with respect to any of the Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by TierPoint of any of the covenants, conditions or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

General

These Terms shall be subject to and construed in accordance with the laws of the State of New York. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in New York County, New York in all disputes arising out of or relating to these Terms or TierPoint’s website. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall remain in effect.

Last update:  5/25/18