The Parties agree that arbitration is the required and exclusive forum for the resolution of any and all disputes between them. Any claim or controversy of whatever nature, including but not limited to tort and contract claims, claims arising under common law or based upon any federal, state or local statute, law, order, ordinance or regulations, and claims arising out of any relationship before, at the time of entering, during the term of, or upon or after expiration or termination of this agreement, and the issue of arbitrability, arising out of or relating to this contract, or the breach thereof, shall be resolved by final and binding arbitration. This mandatory arbitration provision includes any dispute between the Client* and Cultural Vistas and its current and former officers, directors, employees and agents.
Any covered dispute must be submitted to arbitration in accordance with the rules of the Commercial Arbitration Rules of the American Arbitration Association, except as otherwise provided in this agreement. Any such arbitration will be conducted in the State of New York, and will be decided in accordance with and determined by the laws of the State of New York and/or applicable federal law. The arbitrator shall not have the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages, and may not award costs or attorneys’ fees to either Party except where expressly provided for by the applicable law.
The Parties are prohibited from disclosing the existence, content, or results of the arbitration without the prior written consent of the other party or parties, unless the disclosure is otherwise required by court order.
Each Party shall bear its own costs and expenses. The resolution of any dispute achieved through such arbitration shall be final, binding and enforceable by a court of competent jurisdiction.
*For this agreement, “client” means any business, its current or former officers, directors, employees, and agents, and any participant, former, current or otherwise in process of application, engaged with Cultural Vistas’ programs. These programs include, but are not limited to, Train USA, Work and Travel USA, Teach USA, Korea WEST, IAESTE United States, Global Career Launch, Internships Abroad, Work Abroad, and Fellowship Programs and Specialty Programs administered by Cultural Vistas.
This website is owned and operated by Cultural Vistas, Inc. for the benefit of its participants, partners and other visitors interested in international exchange. Our headquarters is located at 440 Park Avenue South, 2nd Floor, New York, NY 10016.
POLICY SCOPE AND PURPOSE
OUR INFORMATION COLLECTION PRACTICES
The types of Personal Information that we receive and use:
(a) Information You Transmit to Us:
In addition to information we collect automatically (as described below), we collect, and for a period of time we store, certain information that you send to us via completion of online forms initiated by you while using this website, including Personal Information. It is always your choice whether to provide any such information, but if you do not supply some items of requested Personal Information, some features or services of this website may not be available to you. If you choose to apply for placement in a professional development internship via Cultural Vistas, the answers to certain application questions are mandatory and you may not be able to proceed with your application if you choose not to supply the requested information. Other application questions are optional; you may choose to limit certain types of information that you will be requested to provide in answer to them. You may also be asked to respond to additional questions to help us meet your needs, and if you request that materials be sent directly from us or our designee to an individual other than yourself, you will also be asked to submit information about that individual.
We may combine information that you provide to us with other information that is publicly available or that we receive from other sources.
(b) Automatically Collected Information
When you visit this website to register with us, or simply to browse, read or download information, we utilize software that automatically collects and stores the following types of non‐personally identifiable information received from you: (i) information from server logs found on your browser; (ii) click‐through statistics; (iii) your IP address and country; (iv) the type of web browser you are using to access this website; (v) the type of operating system you are using; (vi) the name of the domain and host from which you access the Internet; (vii) the date and time you access this website and the duration of your visit; and (viii) the Internet address of the site from which you linked directly to this website.
Automatically‐collected information of this kind typically provides us with a greater understanding regarding the use of this website, including which pages are the most popular with our visitors. This information also allows us to determine if this website is working properly and to make changes to improve the user’s experience on the website.
Non‐personally identifiable information is automatically collected and stored by one or more third‐party providers. Storage, maintenance, and preservation of that information may be governed in whole or in part by the policies of those providers.
(c) Information from Other Sources
We might receive information about you from other sources that we believe have rights to provide that information to us, and we may add it to our Personal Information.
IF YOU DON’T PROVIDE PERSONAL INFORMATION
You can use this website without providing any Personal Information. However, in order to take advantage of the full capabilities of this website and to obtain access to, and use of, many of the features found on this website, including applying for internships, you must provide certain Personal Information. You will be ineligible to receive certain services if you do not provide this Personal Information.
CHOICES REGARDING YOUR DISCLOSURE OF PERSONAL INFORMATION
USE AND DISCLOSURE OF PERSONAL INFORMATION
We gather Personal Information with Per the “Business Uses” section below, Personal Information is also used for marketing purposes, and to allow customers to participate in promotions and surveys. Additionally, Personal Information is used to communicate with users about services offered and in which they may be interested, to perform business analyses, and to improve the quality of the site and services offered.
When you complete an application, your electronic signature represents an agreement to the terms of the application and allows us to share your Personal Information with specific third parties who are identified in your application.
To administer a Cultural Vistas program to which you apply and for which you have provided Personal Information, we may also disclose any and all of your Personal Information to certain other third parties who are the hosts of our professional development internships. Our business requires us to continually develop new relationships in the expansion of our programs, and we expect that the number of third parties with whom we cooperate will expand in the future.
We also maintain a service that will permit third parties, as well as companies hosting interns to track the status of your application and the Personal Information disclosed in it. Those third parties are granted password‐protected access to our secure database.
We will never sell, rent, license or trade your Personal Information, and we do not otherwise exchange Personal Information gathered on this website to any third parties, except as provided above. We may aggregate and use certain non‐personally identifiable information and may share that information and statistical information derived from it with our marketing partners, advertisers or other third parties for research or marketing purposes. In addition, we may share Personal Information from this website with Cultural Vistas affiliates in those instances in which the person providing the information: (a) has made a request for information, complaints or comments, or (b) has asked that the Personal Information be so shared. For example, if you order information from us via this website, we may share your Personal Information with an affiliate that fulfills the request.
BUSINESS USES OF INFORMATION
Cultural Vistas uses or may later elect to use Personal Information you provide to us: (a) for login and marketing purposes; (b) to provide the products or services that you have ordered or requested; (c) to allow you to participate in surveys and promotions; (d) to provide customer service and respond to your requests and inquiries; (e) to protect both you and us against error and fraud; (f) to send information and product and service alerts; and (g) to record usage of this website.
We may use your Personal Information to customize advertising and marketing information regarding our products and services, to contact you regarding our products and services, to enhance product and service offerings, and to fulfill requests. You may also be asked whether you wish to receive information from third parties; upon the initial submission of Personal Information, Cultural Vistas or those third parties may use your Personal Information to contact you. If you are contacted by Cultural Vistas or third parties, you may choose to ‘opt‐out’ of further communication and discontinue receipt of marketing emails at any time.
SERVICE PROVIDERS AND VENDORS
We may also share your Personal Information with certain third parties that perform services for us. Those third parties may host this website, operate certain features on this website, receive and process Personal Information via server logs, print or send mailings, authorize and process your payments, provide customer service, analyze data and assist in fulfilling your orders, send emails on our behalf, or otherwise assist us with the operation of this website. Those third parties are not authorized to use or disclose your Personal Information for any purpose other than to perform the services designated by us.
SHARING OF PERSONAL INFORMATION
CONSENT TO PROCESSING AND TRANSFERS OF INFORMATION
As part of its business operations, Cultural Vistas may transfer information that you send to us, including, without limitation, Personal Information, to recipients in countries that do not provide the level of legal data protection common to Cultural Vistas’ territory of organization. By using this website, you consent to those transfers and to the processing by Cultural Vistas of that information.
NOTICE FOR PARENTS AND GUARDIANS
This website is considered to be a general audience site and is not intended for use by children. We offer our services and our website for use by adults. Cultural Vistas does not sell products or offer services that are intended for purchase by children and does not knowingly collect Personal Information from individuals under the age of thirteen. Should we find out that we have collected Personal Information from a child under the age of thirteen, we will delete that information from our database. If you are the parent or guardian of a child who has provided Personal Information to us, please inform us as provided under the “Managing Your Information” section below, and we will delete that Personal Information.
If you are a parent or guardian who wishes to participate in a Cultural Vistas internship program and you plan to have your children accompany you on your internship, you may be required to submit information about your children that will allow us to apply for a J‐2 (companion) visa for your children. You may be required to complete a handwritten information sheet about your children after you have completed the initial electronic application stages. We will then upload and store that information electronically in our secure database.
However, your Personal Information can never be entirely secure. As with other types of information, it may be transmitted over networks without appropriate security measures and may potentially be accessed, deleted, altered, used or disclosed by unauthorized persons. You can help us to protect your Personal Information by: (a) using a secure web browser; (b) not sharing your password with others; and (c) changing your password frequently (if we should ever ask you to create a password).
MANAGING YOUR INFORMATION
At any time, you are entitled to request access to, and make corrections to, your Personal Information we have collected via this website. If you apply to a Cultural Vistas program, you will be able to update, change, or delete Personal Information. If you no longer wish for us to process your Personal Information in accordance with your application, you may contact Cultural Vistas using the point of contact information that you received during the application process or in the “Contact Us” section below and request that Cultural Vistas remove your Personal Information from our database. Please note that modification of your application status will not stop marketing or advertising content that is ready to be mailed or is queued for transmission to you prior to the time when we can remove your Personal Information or modify your “opt‐in” status.
You can opt-out from receiving information from us that you previously requested or agreed to receive by contacting us as provided in the “Contact Us” section below and communicating your desire to opt-out.
However, during the pendency of your application to a Cultural Vistas program and also during the course of any internship in which you may participate, you may not opt-out of communication with Cultural Vistas.
Once you have completed a Cultural Vistas program, you will be considered part of our ‘alumni’ and you will regularly receive ‘alumni’ emails from Cultural Vistas. You may opt‐out from receiving further emails by clicking a link at the bottom of any ‘alumni’ email that you receive. Once you have opted‐out from Cultural Vistas ‘alumni’ emails, new emails cannot be sent to your email address.
UPDATES AND CHANGES
If you have questions regarding your privacy on this website, you may email us at firstname.lastname@example.org.
To contact us to opt‐in or opt‐out of receiving information from us, as set forth in the “Managing Information” section above please email us at email@example.com.
Last Updated: May 17, 2013
CALIFORNIA PRIVACY RIGHTS
Under California law,we are required to disclose to our California customers, upon request, the identity of any third parties to whom we have disclosed their Personal Information within the previous calendar year, along with the type of information disclosed, for the third parties’ direct marketing purposes.
To make such a request, please write us at firstname.lastname@example.org.
The site and all content, except where noted, are the copyright of Cultural Vistas, the service mark of Cultural Vistas, Inc. a 501(c)(3) nonprofit organization and may not be used or reproduced without expressed written consent of the organization.