2. Modification of Terms.
3. Privacy Notice.
4. Copyright and Trademarks.
5. Links to Third Party Websites.
Links on the Web Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Web Site. COOL does not control or endorse any such third-party websites. You agree that COOL and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third-party websites linked from this Web Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. COOL expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website. COOL recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.
6. Disclaimer of Warranties.
COOL strives to provide accurate and up-to-date material on this Web Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Web Site.
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COOL MAKES NO WARRANTY THAT (I) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEB SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEB SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Disclaimer of Damages and Limitation of Liability.
NEITHER COOL OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST COOL AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.
8. Indemnification and Release.
9. No Unlawful or Prohibited Activity.
10. Shut down of Web Site.
COOL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice or consent. COOL and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web Site.
11. Governing Law and Dispute Resolution.
13. No Waiver.
Last Update: October 10, 2019
Accessibility Policy and Commitment Statement.
COOL is committed to interacting, communicating and providing goods and services to all customers and members of the public that are based on the full inclusion of all persons with disabilities.
We recognize people with disabilities may have different needs and we will in accordance with government guidelines, support the identification, removal, and prevention of barriers for persons with disabilities. As an employer, COOL, believes in integration and equal opportunity for all individuals and is committed to treat all people in a way that allows them to maintain their dignity and independence and contribute to their maximum potential. In accordance with government guidelines and in a timely manner, COOL will provide the facilities, processes, tools, and training to create an accommodating and barrier-free work environment.
Applicability of this Privacy Notice.
This Privacy Notice applies to the personal information we collect on this Site (at www.cool.agency) and not to any information that we collect through other methods or services, including websites owned or operated by our affiliates, vendors or partners.
Information You Provide to Us.
We may collect and store personal information that you choose to voluntarily provide to us when you contact us, such as when you contact us for business purposes or in relation to a job application. Personal information may include your name, email address, telephone number, and your resume. We use the information you provide to respond to your request or question or to process your application for employment. We may also use the information to communicate with you about other topics that we think may be of interest to you.
Information We Collect by Automated Means.
We are committed to making your online experience with our Site informative and relevant. To achieve this, we collect certain information by automated means when you visit this Site, such as your IP address, the type of internet browser you are using, operating system, referring URLs, information on actions taken on the Site, how many users visited our Site and dates and times of Site visits. By collecting this information, we learn how to best tailor this Site to our visitors. We collect this information by various means, as explained below.
Cookies are bits of text that are placed on your computer's hard drive or Internet-connected device when you visit certain websites. Cookie technology holds information a site may need to personalize a visitor's experience. Cookies may also be used for security purposes and to gather website statistical data, such as which pages are visited, what is downloaded, and the paths taken by visitors to our website as they move from page to page.
How We Use the Information We Collect.
We may use the information we obtain about you both to further our relationship with you and for other purposes, including to:
We may use personal information for other additional purposes. We will identify these additional purposes at the time of collection.
We do not sell or otherwise disclose personal information we collect about you, except as described herein or otherwise disclose to you at the time the data is collected.
We also may share information provided by our visitors to this Site with service providers we have retained to perform services on our behalf, including without limitation, hosting or operating this Site, carrying out your requests, responding to your inquiries, and analyzing data. We require these service providers by contract to appropriately safeguard the privacy and security of personal information they process on our behalf.
We may disclose information about you as compelled or required by law, to law enforcement authorities or other government officials, to protect or defend our legal rights, or in order to investigate, prevent or take action regarding illegal activities, suspected fraud, or violations for our Terms and conditions for using this Site or other applicable policies.
We also reserve the right to transfer personal information we have about you in the event that we sell or transfer all or a portion of our business assets.
We may transfer the personal information we collect on this website to other countries other than in which the information was originally collected. Those countries may not have the same data protection laws as your country of residence. Currently, job applicant data may, in certain circumstances, be hosted by our service provider located in the United States and who has certified compliance with the Department of Commerce's US/EU and US/Swiss Safe Harbor Frameworks. Your job application and any additional information you provide to us when applying for a position will be used for the purpose of processing your application for employment and possibly to determine whether you would be suitable for other positions within COOL. COOL may share job applicant data with its affiliated agencies around the world. Your job application and any additional information you provide to us when applying for a position will be used for the purpose of processing your application for employment and possibly to determine whether you would be suitable for other positions within COOL. COOL may share job applicant data with its affiliated agencies around the world. By submitting your personal data, you consent to this transfer. When we transfer your personal information to other countries, we will protect it as described in this Privacy Notice.
The security of information is important to us, and we are committed to using reasonable measures to protect the personal information we may collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or the information stored on this Site are absolutely secure.
Links to Other Websites.
This Site may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly encourage you to review to better understand their procedures for collecting, using and disclosing personal information. We are not responsible for the content of the linked websites, any use of these sites, or the privacy practices of these sites.
This Site is not intended for children and we do not knowingly solicit personal data from or communicate with children under the age of 13. Further, this Site is not intended for incapacitated persons, and we do not knowingly solicit personal data from individuals who are incapacitated. If you become aware that your child, any child under your care, or a person otherwise not able to provide valid consent has provided us with information without a parent or guardian's consent, please contact us as described below.
Access, Updates and Your Choices.
You can tell us at any time not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us directly.
By using this Site, you consent to the processing of your personal information as described in this Privacy Notice.
If you have any questions about this Privacy Notice or our privacy practices, please feel free to email us at [email protected] or write to us at:
COOL Agency, 404 East 55th Street Suite 8H New York, NY 10022
Changes to this Privacy Notice.
We reserve the right to change or add to this Privacy Notice from time to time and will post any revisions on this Site. We will indicate at the bottom of the Privacy Notice when it was most recently updated. We encourage you to check back often to review the latest version.
Privacy Notice Effective Date: October 10, 2019