Privacy Policy

UPDATED JANUARY 24, 2022

At OTHR Agency, we understand that privacy is important.  We are strongly committed to protecting the privacy of all visitors to OTHR.agency  (the “Website”). The following information is designed to help OTHR Agency you better understand the information we gather from our Website and through our other services, how we protect the information once we gather it, and whether and how we disclose it.

We may, from time to time, make changes to this policy. By visiting this Website, you are accepting the practices described in the current version of this Privacy Policy.   If you do not agree to the terms of this Privacy Policy, do not use the Website.

Please note that this Privacy Policy applies only to this Website and OTHR Agency’s use of information, and not to other companies’ or organizations’ websites, including any websites to which we link.  You are advised to consult the privacy policies of other websites that you visit.

INFORMATION COLLECTION AND USE

Our primary goals in collecting personal information are to provide you with a smooth, efficient, and customized experience, to send you information upon your request, and to thank you for your generosity as a client. Specifically, we may collect personal information:

·       If you register for and participate in programs, activities, and events;

·       Upon submission of employment inquiries or applications;

·       When you participate in OTHR Agency’s social networking sites;

·       If you register for an account or sign up to receive email newsletters; and

·       If you participate in surveys or research.

 

AGGREGATE DATA

In addition, when you interact with the Website, we may automatically gather certain usage information, such as the number and frequency of visitors to this Website and what features of the Website are most popular to our visitors. This information may include which URL you just came from, which URL you next go to, what browser you are using, what features you click on and read (in whole or in part), and your IP address. We use such data only in the aggregate. This collective data helps OTHR Agency to determine how much our visitors use parts of the Website, and to do internal research on our users’ demographics, interests, and behavior, so as to better understand and serve you. In addition, we may aggregate data and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.

PERSONALLY IDENTIFIABLE INFORMATION

If you register to participate in programs, activities and events, or register for an account, we will request personally identifiable information about you, such as your name, address, phone number, and email address. We seek such information primarily to communicate with you. In addition, we may use such information to improve our marketing and promotional efforts, analyze Website usage, improve our content and product offerings, and customize our Website’s content, layout and services. If you opt in to communications from OTHR Agency when prompted, we may use personal information to contact you and send you information, such as email updates.

Unless you specify that your client brand be “anonymous,” or otherwise request that your name not be listed, we list the names of clients who work with us. We do not sell, share, or rent our client lists to anyone, nor do we include client names in any direct mail solicitations. 

REMOVAL OF PERSONAL INFORMATION

If you wish to discontinue receiving communication from us, please email us at hi@othr.agency. Please note that we may not include the opt-out information in e-mails that are transactional in nature and are not marketing communications (i.e., e-mails concerning your event, scope of work, the website’s Terms of Use, etc.).  If you have questions or concerns regarding a transactional e-mail, please contact us at hi@othr.agency

You may request deletion of your personal information from our site at anytime, by sending a request to hi@othr.agency. We will respond to your request within a reasonable timeframe. Requesting deletion of your account means your personal information is permanently deleted and cannot be retrieved.

OUTSIDE SERVICE PROVIDERS

If you opt to make any type of payment through the Website, your personally identifiable information, including your name, address, telephone number, email address and debit/credit card information, will be collected and stored by various third-party providers who process credit card payments on behalf of OTHR Agency. Please review these third-party providers’ individual terms and conditions and privacy policies for more information about collection and storage of your information.

In addition, we may use outside service providers to facilitate OTHR Agency’s Website and overall operation, and to perform functions on our behalf, such as sending postal mail and email, removing repetitive information from client lists, analyzing data, and providing customer service. These third parties may have access to your personal information as needed to perform their functions, but they may not use it for any other purpose.

SOCIAL NETWORKING SITES

OTHR Agency operates and maintains social networking pages and venues on websites such as Facebook, LinkedIn, Twitter, Instagram, Google, Tumblr, and/or any other social medium. OTHR Agency will, from time to time, import comments and posts from these third-party websites to this Website. If you post to any of OTHR Agency’s social networking pages on third-party websites, you are providing information to the public, and do so at your own risk. Further, OTHR Agency may use these postings on its Website without further notice or compensation to you.  Please visit the privacy policies of any third-party websites before posting to OTHR Agency’s pages there.

COOKIES

“Cookies” are small files placed on your hard drive; each website can send its own cookie to your browser if your browser preferences allow it. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the “OTHR Agency” menu of your browser to learn how to change your cookie preferences.) You are always free to decline our cookies if your browser permits, although in that case, you may not be able to interact with certain features on our Website, and you may be required to re-enter your password more frequently during a session. In addition, a number of companies offer utilities designed to help you visit websites anonymously.

Cookies help OTHR Agency us to provide customized services and information that is targeted to your interests. We use cookies on the Website to tell us how and when pages in our Website are visited, what our users’ technology preferences are (such as what type of video players they use) and whether our website is functioning properly. We also use cookies to temporarily retain the information you enter into a form.

Additionally, you may encounter cookies or other similar devices on our Website that are placed by third parties. We do not control the use of cookies by third parties.

SECURITY

We care about the security of your transactions and use standard industry practices to safeguard your information. We use high-grade encryption and the secure https protocol to communicate with your browser software. We also employ several different security techniques to protect your personally identifiable information from unauthorized access or use. You should be aware, however, that “perfect security” does not exist on the Internet, and that third parties may be able to intercept private communications and/or access your personally identifiable information.

SHARING INFORMATION 

In general, we will not sell, share, or rent information about you in ways different from what is disclosed in this statement. However, we may be forced to disclose information to the government or third parties under certain circumstances. We cooperate with governments and private parties to enforce laws such as those regarding intellectual property rights, fraud, data privacy, and security. We can (and you authorize us to) disclose any information about you to government officials and private parties as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, or other activity connected to this Website that is illegal or may expose us or you to liability.

POLICY TOWARDS CHILDREN

We are concerned about the safety and privacy of children who use the Internet. Although we encourage children to learn more about our organization and opportunities to serve their communities, we encourage that this be done with parental supervision. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a child under 13 has provided us with personally identifiable information without verifiable parental consent, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without verifiable parental consent, he or she should contact us at hi@othr.agency.

 

GOVERNING LAW

You agree that your use of this Website, this Privacy Policy, and any disputes relating thereto shall be governed in all respects by the laws of the State of Texas. Any dispute relating to this Privacy Policy shall be resolved solely in the state or federal courts located in Austin, TX.

 

The OTHR AGENCY may modify this Privacy Statement at any time. When changes are made, we will update the “last modified” section at the top of our Privacy Statement. Your use of the OTHR AGENCY's Services following these changes means that you accept the revised Privacy Statement.

Thank you for visiting our website. If you have any questions about our Website or our Privacy Policy, please contact us at:

OTHR Agency | 902 E 5th St, 105 | Austin, TX 78702
hi@othr.agency (for Privacy Policy and/or general questions)

Terms of Use

UPDATED JANUARY 24, 2022

By using this website, you accept the following agreement (the “Agreement”). This Agreement may be updated from time to time at the sole discretion of OTHR Agency. Use of this website at any time constitutes your acceptance of the latest version of this Agreement. If you do not accept this Agreement, do not use this website.

RESTRICTIONS ON USE

You acknowledge and agree that all content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of OTHR Agency or its content suppliers, and is protected by U.S. and international copyright laws.

Except as otherwise indicated on this website, any person using this website is authorized to copy, print, or distribute any of its contents only as set forth below, and OTHR Agency may terminate such authorization at any time:

1.    Users may print out individual pages, but cannot copy or download a large portion of the website. Users are not permitted to utilize bots, web crawlers, spiders, or any other tools that “harvest” the website.

2.    Users may download, print, distribute and use pages from the website for informational, non-commercial purposes only .

3.    Any copies of such documents or pages must not alter the original website content and must include the OTHR Agency copyright notice: “© 2022 OTHR Agency. All Rights Reserved.”

4.    No one may frame this website, or any portion thereof, without the express written permission of OTHR Agency. Linking to this website is permitted, provided that the link does not falsely imply or suggest that OTHR Agency has endorsed, or is affiliated with, the linked website. OTHR Agency is not liable for the contents of any third-party websites linked to its website.

PROHIBITED USES

OTHR Agency is concerned with protecting the privacy of others, the security of data it collects, and the responsible, lawful use of its resources.  To view our privacy policy, click on this link.  You agree not to use this website for any prohibited purpose. The following are examples of prohibited uses of the website:

1.    Violations of Law. You are prohibited from using this website to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any person. We reserve the right to report any such activity to appropriate law enforcement officials, regulators, or other third parties, and we may do so without prior notice to you.

2.    Security Violations. You are prohibited from violating, or attempting to violate, the security of the website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include: (a) logging into a server or account that you are not authorized to access; (b) accessing data or taking any action to obtain services not intended for your use; (c) attempting to probe, scan, or test the vulnerability of the website or its infrastructure; (d) tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other devices that intend to (or actually) damage or disrupt the website or its infrastructure; and (f) interfering with, or intercepting, any service or data relating to the website, including by means of overloading, “flooding,” “mailbombing,” or “crashing” the website or its infrastructure.

3.    Threats. You are prohibited from using this website to transmit materials of a harassing or threatening nature.

4.    Offensive or Unlawful Materials. You are prohibited from using this website for the display or distribution of offensive or unlawful materials, including materials that are libelous, defamatory, obscene, pornographic, indecent, vulgar, or hateful, or materials that infringe or violate the intellectual property, privacy, publicity, or other personal rights of others.

5.    Spam. You are prohibited from using this website in connection with spam. Spam is not only annoying to other users, but it might degrade the website or interfere with its operation. Spam includes any of the following activities: (a) sending any unsolicited e-mail that could provoke complaints; (b) sending unsolicited email without identifying a clear and easy means to be excluded from receiving additional email from the same source; and (c) sending email that does not accurately identify the sender, the sender’s return address, and email address.

6.    Other Prohibited Conduct. You further agree that when using this website, you will not do any of the following: (a) post or upload any content containing any solicitation; (b) download any content that you know, or reasonably should know, has not been lawfully posted or distributed; (c) falsify or delete any author attributions or proprietary or legal notices; (d) use another’s password without permission or impersonate another person; or (e) harvest or otherwise collect information about others, including email addresses, without their consent.

We reserve the right to determine, in our sole discretion, whether you have used the website in a prohibited way. We reserve the right, but not the obligation, to monitor the website and, if we become aware that you have used (or attempted to use) the website for a prohibited purpose, we reserve the right to take any action we deem appropriate, including terminating your access to the website. We may not notify you before we take any such action against you.

PASSWORDS; SECURITY 

Access to certain areas of the website may require registration with both a user name and a password (“User Information”), as well as provision of certain registration information, which must be accurate. You are responsible for maintaining the confidentiality of your User Information. You agree not to use another person’s User Information or select User Information: (a) with the intent to impersonate another person; (b) in violation of the intellectual property rights of another person; or (c) that OTHR Agency, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political belief, national or social origin, property, birth, or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by OTHR Agency. Failure to comply with the foregoing shall constitute a breach of the Agreement, which may result in immediate suspension or termination of your User Information. OTHR Agency will not be liable for any loss or damage arising from your failure to comply with these obligations. OTHR Agency reserves the right to delete or change User Information at any time and for any reason.

 SUBMISSIONS 

If you communicate or submit any remarks, suggestions, ideas, graphics, photographs, or other information or materials to OTHR Agency on or through this website or through third-party providers (“Submissions”), you expressly grant OTHR Agency a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, transmit, and display such Submissions and your name, and/or likeness as contained in your Submissions, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, in perpetuity. OTHR Agency will not be required to treat any Submissions as confidential. All personal information provided via this website will be handled in accordance with the website’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the Submissions you post; that the content of the Submissions is accurate; that use of the Submissions does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify OTHR Agency for all claims resulting from your Submissions. OTHR Agency has the right and sole discretion to reject, delete, edit, or remove any Submissions posted on or within the website.

TRADEMARKS 

All trademarks, service marks, and trade names of OTHR Agency or its grantees, partners, vendors, or licensors used herein (including, but not limited to, the OTHR Agency name and logos) (collectively “Marks”) are trademarks or registered trademarks of OTHR Agency or its grantees, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without OTHR Agency’s prior written consent.

LIMITATIONS OF LIABILITY 

OTHR Agency and its affiliates will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. OTHR Agency shall not be liable for Submissions or the defamatory, offensive, or illegal conduct of any third-party and the risk of harm or damage from the foregoing rests entirely with you.  Your sole and exclusive remedy for any claim or dispute with OTHR Agency is to discontinue your use of the website.

INDEMNITY 

You agree to defend, indemnify, and hold OTHR Agency harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from and related to (a) your use of the website; (b) your violation of this Agreement; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any Submissions that you provide to OTHR Agency; or (f) any other party’s access to, and use of, the website with your unique username, password, or other appropriate security code.

LINKED SITES 

This website may link to, or be linked from, other websites that are not maintained by OTHR Agency. OTHR Agency does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites, or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk. You are advised to consult the terms of use of other websites that you may visit.

COPYRIGHT NOTICE 

OTHR Agency respects the intellectual property rights of others. If you believe that any material on this website infringes your copyrights, you may notify us in the way identified below. When we receive such a notice, we may remove or disable access to the material claimed to be infringing and/or, in appropriate circumstances, terminate the accounts or website access of any repeat infringers. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the individual or entity who submitted the material, so that that he or she has the opportunity to make a counter notification.

Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, OTHR Agency has designated an agent to receive notifications of claimed infringement. If you have any queries or complaints regarding copyright infringement, you may send your queries to:

OTHR Agency | 902 E 5th St, 105 | Austin, TX 78702
hi@othr.agency

Consistent with the U.S. Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), to file a notice of copyright infringement with us, you must provide a written communication to our contact identified above, in which you do the following (preferably in this format):

1.    Give enough information to enable OTHR Agency to contact you regarding your complaint, including your name, address, telephone number and, if available, email address.

2.    Identify in sufficient detail the copyrighted material(s) and/or work(s) that you claim is/are being infringed on this website.

3.    Identify in sufficient detail the material(s) and/or work(s) that you claim is/are causing such infringement and give enough information (such as a web page address) to allow OTHR Agency to locate such material(s) and/or work(s) within the website.

4.    State that you have a good-faith belief that use of the copyrighted material(s) and/or work(s) in item (2) above is not authorized by the copyright owner, its agent or the law.

5.    State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) and/or work(s) that you claim in (2) above is/are being infringed, or are authorized by such owner to act on its behalf.

6.    Provide your physical or electronic signature.

Please note that if you falsely claim that any posted content is infringing your copyrights, you may be liable for monetary damages, costs, and attorney’s fees.

COUNTER NOTIFICATION 

Pursuant to Sections 512(g)(2) and (3) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, the provider of the content named in the above infringement notification may make a counter-notification. When we receive such a counter-notification, we may reinstate the material in question on our website or cease disabling access to it. To file a counter-notification with us, you must provide a written communication to the contact identified above, in which you do the following (preferably in this format):

1.    Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Austin, Texas, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

2.    Identify the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (i.e., the specific URLs or other unique identifying information).

3.    State under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4.    Provide your physical or electronic signature.

Please note that if you falsely claim that any posted content was removed or disabled due to OTHR Agency’s mistake or misidentification, you may be liable for monetary damages, costs, and attorney’s fees.

OTHER WEBSITE CONCERNS 

If you wish to write to OTHR Agency about any other issue concerning the website, please use the contact information below: OTHR Agency 902 E 5th St, 105, Austin, TX 78702 Email: hi@othr.agency. Please include details that would assist OTHR Agency in investigating and resolving any concerns you may have.

DISCLAIMER 

The website is provided by OTHR Agency on an “as is” and “as available” basis. OTHR Agency makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information included on this website. You expressly agree that your use of this website is at your sole risk. OTHR Agency does not warrant that the information in this website is accurate, reliable, or correct, that this website will be available at any particular time or location, or that the website is free of viruses or other harmful components. The material in this website may include technical inaccuracies or typographical errors. OTHR Agency may make changes to the website and its contents at any time.

TERMINATION 

OTHR Agency may suspend or terminate your use of the website or your account at any time, for any reason, or for no reason. OTHR Agency may also block your access to the website in the event that (a) you breach this Agreement; (b) OTHR Agency is unable to verify or authenticate any information you provide; or (c) OTHR Agency believes that your actions may cause any type of harm, financial loss, or legal liability to OTHR Agency or other website users.

 

INTERNATIONAL USE 

OTHR Agency makes no representation that materials on this website are appropriate or lawful for use or access in locations outside the United States. Access to this website from countries or territories where such access is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws.  Furthermore, our databases connected with this website are located in the United States.  By posting to our website or sending us your data, you consent to its transfer to and from, and storage within, the United States.

GOVERNING LAW  

You agree that your use of this website, this Agreement, and any disputes relating thereto shall be governed in all respects by the laws of the State of Texas. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Austin, TX.