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Home  >  Privacy Policy
Privacy Policy

Last Updated: March 20, 2009


Berliner Consulting & Research, LLC is committed to respecting the privacy rights and concerns of all users of the FixedIncomeColor.comsm website located at www.fixedincomecolor.comsm and its directly associated domains including the www.berlinerconsulting.net website (collectively, the “Site”) and has established and implemented this Privacy Policy to help you make informed decisions when using the Site (we refer to the services made available through the Site, collectively, as the “Services”). “Fixed Income Color” (and “we”, “us” and “our”) means Berliner Consulting & Research, LLC.

This policy answers the following questions:

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What security measures do we take to safeguard your personal information?
  • Who can I contact if I have any questions about this Privacy Policy?

By accessing the Site or using any of the Services, you consent to Fixed Income Color’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and not to any other website that you may be able to access from the Site which may have its own data collection and use practices and policies.

Please note that any User Submissions (defined below) or other content saved and published by or at the direction of Users onto the Website becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Information We Collect

Registration and Your Personal Profile

When you register with the Site, you provide us with certain personally identifiable information, such as a screen name (which may or may not be your real name), email address, and name.  When you register for the Site, you will also have the option of setting up a personal profile by providing general information about yourself, such as your interests and hobbies.

Other User Provided Information

You also provide certain personally identifiably information when you choose to participate in various activities on the Site such as uploading, storing or publishing articles, forum postings and other content or responding to surveys.  Additionally, if you choose to purchase any items from our affiliate partners through links made available on our Site, we may collect such personal information regarding your participation in our affiliate programs, including your name, [IP address], [clickstream data], and email address.

Cookies

Like many websites, we employ "cookies" in certain areas of the Site to allow us to provide information which is targeted to your interests and to make your online experience more convenient. Cookies are small bits of electronic information that a website sends to a visitor's browser and are stored on the visitor's hard drive. We use cookies for the following purposes:

  • to store a user's log-in identity so that your session won't expire unless you actively log out;
  • to keep a record of the programming or products you viewed when you last left the Site; and
  • to tailor the Site’s content to your interests.

As discussed below, third parties may also place or read cookies on your browser.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, if you do this, you may not be able to use the full functionality of the Site or Services.

Information We Use

As a general matter, we use the information that you provide to us to process your user registration, and to provide, enhance and personalize the Site and Services.  We use the information automatically collected by our servers to monitor and analyze how users use the Site and Services, and to maintain and improve the Site and Services.

Email address

We may use your email address for the following purposes:

  • to send you other email communications that keep you updated about Services and other functionality of the Site, including, information about available upgrades, functionality and/or features;
  • to ask you to participate in surveys that help us make the Site and Services better,
  • to respond to or confirm your requests or activity on the Site;
  • to notify you of service issues and unusual account actions (e.g. password resets); and
  • to notify and warn you of inappropriate conduct, and if necessary, to inform you of the suspension or deletion of your account.

By accessing or using the Site or any Services, you consent to receiving these emails from us, but have the right to unsubscribe from receiving future emails at any time (see “Unsubscribe” below).

Other Personal Information

We may use personal information that you provide, or that we learn about you, to:

  • attribute your comments, articles, forum postings and other User Submissions to you; and
  • otherwise improve your use of the Site and the Services.

We will also use this information to help us quickly and efficiently respond to inquiries and requests, and otherwise enhance our service offering for our users.

Unsubscribe

If, at any point in time, you are not interested in receiving emails or other announcements from us, you will be able to “opt-out” by clicking on the specified link in any given email communication, by modifying your personal settings on the Site, or by emailing us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account.

Sharing of Information with Third Parties

We will not sell or rent your email address or any of your personal information. We will, however, share your information in the following ways.

With Other Users

Your profile information will be available to other users of the Site.  Additionally, any personally identifiable information including, without limitation, any article, comment, forum posting, other text, image, photo, drawing, video or other content that you voluntarily save and publish online (each a “User Submission”) on the Site becomes publicly available and can be collected and used by others. Any User Submissions that you submit to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public. All User Submissions that you post or share through your use of the Site or Services, is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, articles, or other items, this information may become publicly available.

As Aggregated Data

We may use your personal information to provide analyses of our users in the aggregate to prospective partners, investors and other third parties. We will also share statistical and demographic information about our users and their use of the Site and Services with suppliers of advertisements and potential affiliate partners. We may also disclose and otherwise use de-identified information about users. None of the above would include anything that could be used to identify you in the offline world or to discover individual information about you.

With Service Providers

We do from time to time use third parties to manage portions of the Site or Services, manage the administration and delivery of advertisements, facilitate our business (e.g. by hosting our servers), manage communications with you, conduct advertising or other audits, conduct surveys, or otherwise provide services to us in connection with the Site or Services. Where these third parties process information on our or your behalf, we require these third parties to comply with the provisions of this Privacy Policy, to the extent applicable, and require that they maintain high levels of security and do not use your information for any purpose other than to provide their services to us. If these third parties need to collect personally identifiable information or personal data direct from you, we require them to do so under the terms of an effective and publicly available privacy policy. Fixed Income Color is not responsible for their compliance with such a policy.

As Otherwise Required

We will share personal information we collect from you if we believe it is reasonably necessary to make available the Site and Services, legally required, or otherwise permitted by you. For example:

  • Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process anywhere in the world, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Site, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect the rights, property or safety of Fixed Income Color, its employees, users of the Services or others.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our or our affiliates’ assets or voting securities, user information, including personal information collected from you through your use of the Site and Services, may be included in the transferred assets or securities. If this occurs, your personal information would remain subject to this Privacy Policy.

You hereby grant Fixed Income Color and its representatives the right to access your account and records as necessary to investigate any  use of the Site or Services including, but not limited to, copyright infringement, alleged violations of the securities laws and regulations, abuse, and/or harassment.

Third Parties Who Collect and Receive Your Information

Affiliate Program Purchases

In an attempt to provide increased value to our users and as part of the services we offer through the Service, we choose various third party web sites to link to within the Site, including links for the purchase of goods through links provided to our affiliate partners.  In most cases, these online purchases facilitated by the Service are subject to the privacy policies of the website where that transaction is conducted.  Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our affiliate partners or other third party web sites (even if offered on or through our Site) may not be received by us. As such, neither Fixed Income Color nor any of the third parties we use to administer the Site shall have any responsibility or liability for these independent policies or actions, and shall not be responsible for the privacy practices or the content of any such web sites. These linked sites are only for your convenience and you access them at your own risk. Nonetheless, we seek to protect the integrity of the Service and the links placed upon each of them and therefore request any feedback on not only the Service, but for sites each links to as well (including if a specific link does not work).

Google Analytics

The Site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for us and providing other services relating to Site activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. Google's use of this data is governed by the Google Analytics Terms of Service (http://www.google.com/analytics/tos.html) and Privacy Policy (http://www.google.com/privacy.html).

Advertisers and Google Adsense

The site also employs Google AdSense, a Google-search and ad-server service provided by Google.  Through Google AdSense, third parties may be placing and reading cookies on your browser, or using web beacons to collect information, in the course of ads being served on the Site, which will also send these advertisers information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed.  This is generally used for geo-targeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).

Control of Your Information

You post User Submissions on the Site at your own risk. We do not provide any privacy options that limit access to your profile, postings and other User Submissions.  While we intend not to display your email address in your profile, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users and the general public who may access your profile and information. Therefore, we cannot and do not guarantee that the profile information, postings and other User Submissions you post on the Site will not be viewed by any other persons or used by them in an unauthorized manner. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Submissions may remain viewable in cached and archived pages or if other users have copied or stored your User Submissions.

You can access and update most of your personal information through the use of the Site. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or allowing you to make any corrections or updates. You are responsible for maintaining the secrecy of your unique password and account information at all times.

If you wish to review and/or correct any personal information not yet available through the use of the Site, please send a request to This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will attempt to fulfill your request. We may choose not to fulfill any request that we determine is unreasonable, unduly burdensome or impractical or that constitutes a threat to the privacy or rights of others.

Security

We take many precautions to keep your personal information secure from unauthorized access, such as internal corporate policies to limit access to systems that store your personal information. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, due to the inherent insecurity of the internet, we cannot ensure or warrant the security, integrity or privacy of any information or data transmitted to us over the Internet and we accept no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data.

We continue to store your personal information for so long as it is necessary to provide you our service and periodically destroy old personal information in accordance with our company policies, including when it is no longer necessary in order to offer you the same high quality service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes.

Children’s Privacy

The Site and Services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We will close any accounts used exclusively by such children and will remove and/or delete any personal information we believe was submitted by any child under the age of 13.

If you are under 16, you may only use the Site if you have obtained the consent of your parent(s) or other legal guardian. By using the Site and the Services, you warrant that you have obtained such consent.

Special Note to Users Outside of the United States

The Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site and Services, which is governed by U.S. law, this Privacy Policy, and our Terms of Service you are transferring your personal information to the United States and you hereby consent to the transfer of such information outside of the country where you are located.

Terms of Use / Dispute Resolution

Your use of the Site and Services, and any dispute that may arise from such use, is subject to this Privacy Policy as well as our Terms of Service and its dispute resolution provisions, including limitation on damages and choice of law.

Changes and Updates to Privacy Policy

This Privacy Policy may be revised periodically and this will be reflected by the date above. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of the Site and/or Services constitutes your agreement to this Privacy Policy and any future revisions.

Questions? Contact Us

It is extremely important to us that your privacy is treated with the utmost respect. If you have any concerns, questions, or ideas on how we can do a better job at this while offering our unique networking service, please let us know by clicking a “contact us” link on the web site, or by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

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