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”).
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
website (the “Website"). Questions for clarification of this statement or
comments may be addressed via email to:
1. COLLECTION OF INFORMATION
We collect personal and non-personal information when you provide it to us
in the course of using our Website.
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
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.
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
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
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.
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.
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
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
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
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.
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
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
As a convenience for our users, our Website may contain links to third
party sites. (This includes links through advertisements.) These third party
website. (Check the URL in the location bar on your Web browser.)
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