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ProgramBusiness | Privacy Policy

NMSDATA, Inc. is a California corporation doing business as Neilson Marketing Services, ProgramBusiness.com, and Peak Performance (referred to herein as “NMSDATA”, “we”, “us” or “our”). Thank you for using our Website. We adopted this Privacy Policy to further the relationship between us and our subscribers. This statement of our Privacy Policy makes disclosures concerning our collection of information, including personal information, when you use our Website, and how we use and disclose it to others. The type of data aggregated will vary depending upon the sections of the Website you visit and will include information you choose to share. By using the Website you accept the practices described in this Privacy Policy.

This statement discloses the Privacy Policy for the www.programbusiness.com website (the “Website").  Questions for clarification of this statement or comments may be addressed via email to: operations@nmsdata.com.

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1. COLLECTION OF INFORMATION

We collect personal and non-personal information when you provide it to us in the course of using our Website.

Non-personal Information

The non-personal information that we may collect includes your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address. The non-personal information is not used by us to personally identify you and is not readily usable for that purpose. 

We may use analytic and reporting technologies to record non-personal information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click patterns, and the dates and times that the Website and our services are accessed by you. We may in contract with a third party to help us manage, monitor and optimize our Website and measure the effectiveness of our advertising, communications and use of the Website. We may use web beacons and cookies (described below) for this purpose.

Personal Information

In addition to non-personal information, when you register or subscribe to our service or otherwise make a purchase through our Website we will collect personal information such as your name, mailing address, telephone number, credit card number, email address, and other information that we request during the registration process. We may also contact you for other marketing purposes. In addition, if you communicate with us regarding the Website or any of our services or products we collect any information that you provide to us during the course of our communication.

If you send us an e-mail or respond to the Contact Us section, in addition to the general visitor information, we also will record your e-mail address and any other personal information included with your message. We will use this information to respond to your message and may add your address to an e-mail distribution list used to announce new products or to update the status of other products or otherwise contact you for marketing purposes.

In order to use our online ordering procedure or to access secure pages, you must register.  Visitors may complete registration forms to be added to our distribution list(s) to receive e-mail newsletters, third-party e-mail advertisements, and information about our products and services.

If you access software or other on-line products or services or download data or other documents from our Website, in addition to the general visitor information, we will collect and store your name and e-mail address and other information on the registration form. This information will be incorporated into one or more of our database(s). We may use this information to send you solicitations for our products and make other marketing contacts.

If you order a product on-line, in addition to the general visitor information, we will require certain personal information, including (i) financial information necessary to process the order (such as a credit card number or account information), (ii) location information (including address and business affiliation) necessary to ship and process the order (which will include mailing and delivery addresses and telephone numbers) and to otherwise support our customer database and (iii) unique identifiers (such as a user password). We use this information to authorize and process your order and also to track order fulfillment and billing. (Customers who do not wish to provide this information on-line may order products by telephone or mail.) The customer specific information will be incorporated into one or more of our customer database(s). We periodically send our customers, either by regular mail or e-mail, information and solicitations for our products and make other marketing contacts. We also use composite demographic or profile data for our own internal research and when dealing with advertisers.

Any usage of on-line chat sessions is considered a public usage and you assume responsibility for any information or content which you submit.

2. SHARING INFORMATION

Basic Viewing

For visitors who only read or download pages from our Website no individual identifying data is shared with third parties, other than our affiliates or subsidiaries. We may disclose or sell collective demographic and user profile data with third parties. We may disclose this non-personal information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information.

Registered Viewers

Visitors who register may be included in one or more of our customer database(s). This data may be shared or sold to third parties. We will disclose your personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party, or as we in good faith believe we are required to do so by law (such as to comply with a subpoena or court order, for example).

We may contract with various third parties who help us provide, maintain and improve the Website and the services we provide and the services and products we offer and sell and such third parties may have access to your personal information in order to perform their services. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, analytics, reporting or other operations. We may contract with third party contractors to help us manage, monitor and optimize our Website and the services and products we offer and sell. We may also use third party contractors to help us measure the effectiveness of our advertising, and communications. We will enter into  confidentiality and non-disclosure agreements with all third parties that have access to your personal information which will prohibit them from using or disclosing your personal information except for the purpose of providing services to use. We intend to take commercially reasonable steps to enforce such non-disclosure and confidentiality agreements if and when we become aware of any violations.

E-Mail Users

Parties who send us an e-mail or respond to the Contact Us section may be included in one or more of our customer databases. This data may be shared or sold to third parties.

Online Product and Service Users

Parties who order on-line will have certain information entered in one or more NMSDATA database(s). Information in our customer databases may be shared or sold to third parties. This may include any information supplied to NMSDATA other than individual financial information (such as credit card or account data, and personal passwords). We will disclose credit card account, billing and expiration data only to the institutions with which it has a merchant relation, including charge authorization services. Delivery information may be disclosed to shippers and others in the delivery process for the purpose of delivering goods and tracking shipments. Payment information may be disclosed to credit reporting bureaus or used for collection purposes.

3.  OUR USE OF INFORMATION

We use the non-personal information we collect to track the use of the Website and to assist us in providing, maintaining, evaluating, and improving our Website and the services and products we offer and sell.

We use your personal information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our Website and the products and services we offer and sell, to collect credit card payments for subscription fees and other purchases you make, and to provide customer support.

4.  OUR USE OF COOKIES AND WEB BEACONS

A "cookie" is a small data file that is sent to your browser when you access a website. Our cookies will contain a unique user ID that tracks the pages you have visited. This user ID is used only for the operation of the cookie and is not provided to any third party. Most websites use cookies. We will use cookies to track your use of the Website and the services and products we offer and sell, provide you with a more personalized user experience, and to facilitate your logging in to the Website. We also use cookie data in operating our on-line ordering and product demo functions as well as in granting access to secure pages. A cookie file cannot read other data from your hard disk or read cookie data created by other websites. If you prefer not to receive cookies from our Website, you should set your browser to alert you before accepting cookies or to otherwise block cookies. You do not have to have cookies turned on to use most areas of our Website.

A web beacon is an often-transparent graphic image, usually no larger than a 1x1 pixel that is placed on a web page or in an e-mail that is used to monitor the behavior of the user visiting the Website or receiving the e-mail.

Cookies and web beacons used by us will not be linked to your personal information.

5.  HOW WE PROTECT YOUR PERSONAL INFORMATION.

We are committed to taking commercially reasonable steps to protect any individual identifying information that you provide to us. We consider protecting the security of your personal information as very important. Our Website has security measures in place to help protect against the loss, misuse, and alteration of data under our control. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (sometimes referred to as "SSL").  When our Website is accessed using Netscape Navigator, or Microsoft Internet Explorer versions 5.5 or higher, SSL technology protects information using both server authentication and data encryption to help ensure that data is safe, secure, and available only to you. We also implement an advanced security method based on dynamic data and encoded session identifications and host the Website in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, we provide unique user names and passwords that must be entered each time a customer logs on. These safeguards help to prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of data.

We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.

6.  REVIEWING AND CHANGING YOUR PERSONAL INFORMATION.

You may obtain a copy of and request that we correct errors in your personal information by emailing us at operations@nmsdata.com or via U.S. Mail at NMSDATA, Inc., 23172 Plaza Pointe Drive, Suite 205, Laguna Hills, CA 92653 or toll free at 800-736-9741. If you do desire to obtain a copy of your personal information, you will be required to provide proof of your identity. If your personal information changes or if you no longer want to subscribe to or use the Website, you may correct, update or deactivate your personal information by contacting us by email or through the User Preferences section of our Website.

7. CHOICE/OPT-OUT

Our customers who do not wish to receive future communications on products or services may contact us by email or through the User Preferences section of our Website to have your name removed from our customer lists specified by customer. Such changes normally will be effective with list usages beginning 10 business days after we receive your request, although in some cases it may take longer. This will not affect lists used or shared before the changes are entered.  We retain the right to contact customers regarding invoices, billing, and other necessary communications pertaining to products purchased. You may opt-out from having your personal information used for certain purposes. For example, if you purchase a product or service but do not wish to receive any additional marketing material from us, you may indicate your preference on our order form.

8.  CHILDREN'S PRIVACY

Our Website and the services and products we offer and sell are not intended for children under the age of 17.  Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 17. In addition, we will delete any information in our database that we know originates from a child under the age of 17.

If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at operations@nmsdata.com.

9. LINKS

As a convenience for our users, our Website may contain links to third party sites. (This includes links through advertisements.) These third party sites are not under our control and are not covered by this Privacy Policy. Once you link to another website, you are subject to the privacy policy of that new website. (Check the URL in the location bar on your Web browser.)

10. CHANGES IN PRIVACY POLICY

This Privacy Policy is subject to change from time to time. We reserve the right to revise these terms at any time by updating this posting. Even though you may have visited this Website before, any access is subject to the then current terms and you are responsible for checking for any updates. Each use by you shall constitute and be deemed your unconditional acceptance of this Privacy Policy. The date of this version of our Privacy Policy is July 9, 2010.