We gather personally identifiable data about
you from a variety of sources, including websites we operate, websites
operated by others through which you can transact with us or our licensees
or distributors, customer support center, enrollment forms for our programs,
and consumer reporting agencies. We also gather personally identifiable
data about you from other companies with whom we maintain business relationships.
3. Use of "Cookies"
One way we collect information about you when you use our websites is
through the use of cookies. A "cookie" is a set of data that
a website server stores on your computer. Cookies enable websites to
recognize your computer and to "remember" your entries as
you move from page to page, or even when you revisit the site from time
to time using the same computer. Cookies stored on your computer by
our websites are encrypted. This means that they cannot easily be read
by anyone other than us.
We use two different types of cookies in
our websites:
"Session cookies" track the user's
progression through our sites in a single visit. These cookies enable
us to remember things as the user progresses from one page to another.
Your session cookies are deleted as soon as you close your browser.
In addition, if you leave your browser open for a prolonged period,
they are set to automatically erase themselves after a short period
(typically less than one hour).
"Persistent cookies" remember a
user at the user's next visit. Your persistent cookies are not automatically
erased, and they remain on your computer until you erase them. (If you
do not want these cookies to remain on your computer, you can erase
them through use of your browser settings.)
Your browser or other software you install
may permit you to restrict the use of session cookies, persistent cookies
or all cookies. If you elect not to permit the use of session cookies,
you will not be able to use our websites. If you elect not to permit
the use of persistent cookies only, you may still enjoy the full functionality
of our websites; however, if you do so, you will need to re-enter some
data when starting a new session.
4.
Linked Websites
Our websites may contain links to third party websites, which may or
may not be operated in conjunction with our websites. We do not monitor
or control the information collected when you choose to "click
through" links to these websites. The treatment of user data by
the operators of third party websites may be different from ours. For
details regarding their treatment of personally identifiable data about
you, you will need to read their privacy policies or contact them
5. Data
Retention
While we generally retain personally identifiable data about you as
long as we believe it will be useful to us, we do not retain personally
identifiable data about you longer than the law of the country and state
in which it is being retained permits. Currently, the principal place
in which we retain personally identifiable data about you is the State
of Florida, U.S.A.
6. Data Security
We maintain reasonable physical, electronic, and procedural safeguards
to protect personally identifiable data about you from loss, misuse
and unauthorized access, disclosure, alteration and destruction. As
part of those precautions, we seek to protect personally identifiable
data about you through technologies designed to safeguard the data during
its transmission. We restrict access to personally identifiable data
about you to those employees we determine need to know that information
for us and our licensees and distributors to provide services to you.
We also have adopted a policy under which employee misuse of personally
identifiable data about you is treated as a serious offense for which
disciplinary action may be taken. You should, however, be aware that
there is no method of transmitting or storing data that is completely
secure. Although their physical characteristics are different, postal
mail, telephone calls, faxes and transmissions over the Internet all
present possibilities of loss, misrouting, interception and misuse of
the data being transmitted.
When we decide what data to seek from or
send to you, or how to seek or send it, we try to attain reasonable
balance between the security of your data and your convenience. We do
this because we believe our customers attach value to both. As a result,
we sometimes use a method of communication that is less secure than
some of its less convenient alternatives. An important example of this
occurs in the case of e-mail. When we send e-mail to you, we send it
as plain text without encrypting it. We do this because we believe that
many of our customers do not currently have the capability to receive
encrypted e-mail. As a consequence, though, if our unencrypted e-mail
intended for you were misrouted or intercepted, it could be read more
easily than encrypted e-mail.
To protect personally identifiable data about
you effectively, we need your help. Please do not divulge your WBI user
number or any similar program membership number to anyone who is not
employed by us or one of our licensees or distributors. In addition,
because e-mail to and from us is not encrypted, please do not include
your user number, or any other information you regard as confidential,
in any e-mail you send us. [A more secure way to communicate with us
over the Internet is to click on the "Contact Us" link on
the home page of our website www.worden.com and complete the form that
you are presented.] Finally, if you have obtained a personal identification
number, or "PIN", in order to utilize portions of our websites,
do not divulge your PIN to anyone - not even one of our employees.
7. Parties
to Whom We Disclose Data
Our general policy is to not disclose personally identifiable data about
you to any third party. This policy is not applicable to our licensees
and distributors.
We generally use personally identifiable
data about you to make and process your orders, give you access to our
services, provide you with customer assistance, prepare your account
statements and maintain and develop software. We may use licensees and
distributors from time to time to perform such services for us. We also
may disclose information in response to requests from law enforcement
agencies or government regulators. A more detailed description of those
uses appears below. Such uses are called "Normal Uses."
By purchasing our products, whether from
us or through one of our licensees or distributors, you are consenting
to our use and limited disclosure of personally identifiable data about
you for Normal Uses. If you do not wish to consent to such use and disclosure
of personally identifiable data about you, please do not purchase our
products, whether directly or through a licensee or distributor.
8. Normal
Uses
Internal Uses. We may initially use the personally identifiable data
that we collect from you to make your initial purchase with us or our
licensees or distributors; to process your transactions with us and
our licensees or distributors; to provide you with access to our services,
including any enhanced services you request; and to bill and collect
amounts owed to us for continuing service. If you seek to pay charges
by a debit, charge or credit card, we may disclose personally identifiable
data about you to the company issuing the card and to other companies
that assist in processing the charges. Similarly, if you seek to have
your charges invoiced to a third party, we may disclose personally identifiable
data about you to that third party and to any companies that assist
the third party in processing invoices. Further, if you participate
in a membership rewards program operated by a third party and seek to
receive a reward based on a transaction with us or our licensees or
distributors, we may disclose personally identifiable data about you
to the program's operator, as well as to companies assisting the operator
in the operation of the program, to permit you to receive your membership
rewards.
We may share personally identifiable data
about you among ourselves and with our licensees and distributors to
enable us to perform the functions described above. In the event that
personally identifiable data about you is shared among ourselves or
with our licensees or distributors, the party with which such information
is shared will be required to agree to observe the relevant provisions
of our Privacy Policy with respect to personally identifiable data about
you (including any choices you have made under our Privacy Policy to
limit the use of your data).
TeleChart Platinum Uses. If you are a customer
of TeleChart Platinum, additional disclosures and disclaimers apply.
TeleChart Platinum users may form and administer their own "clubs"
or "information exchange groups" as well as publish information
on electronic bulletin boards generally accessible to other TeleChart
Platinum subscribers. We do not assume any responsibility for the privacy
or security of any such communications, and you assume all risks of
publishing such information on the system for examination by others,
including our employees and persons who gain unauthorized access to
the site ("hackers"). Furthermore, any such information published
by you will pass through and be stored upon one or more of our servers.
We will access the information stored on our server(s) for three purposes:
first, to verify that the TeleChart Platinum program and system is operating
properly; second, to police the content of publications in response
to any customer complaints about inappropriate content, and, third,
to gather information for statistical purposes. No information published
by a TeleChart Platinum customer is to be considered an expression of
opinion or fact by us. We do not adopt, ratify, guarantee or endorse
the contents or accuracy of any such publications. If you believe a
communication published through TeleChart Platinum violates your privacy,
you may report the same to us [by e-mailing us for investigation at
www.worden.com ("Contact Us" link) or] by mail to Privacy
Services, Worden Brothers, Inc., 4905 Pine Cone Drive, Durham, NC 27707.
Compliance Uses. We may use and disclose
personally identifiable data about you as we reasonably believe is necessary
to protect our business; to comply with applicable law; to protect the
rights, privacy, safety or property of you or others; and to permit
us to pursue available remedies or limit the damages that we may sustain.
For example, if you breach a license agreement or other agreement with
us or any of our licensees or affiliates, personally identifiable data
about you may be used, disclosed to third parties or publicly disclosed
to the extent necessary to enforce the agreements and recover any amounts
owed. As another example, we may, to the fullest extent the law allows,
disclose personally identifiable data about you to law enforcement agencies
to assist them in identifying individuals who have been or may be engaged
in illegal activities.
Transactional Uses. We may acquire or sell
assets, including ownership interests in our company, and other companies
may acquire financial interests in us. In those transactions, personally
identifiable data about you may be among the transferred business assets.
We may disclose personally identifiable data about you to any company
in connection with a proposed or actual sale, merger, transfer, or exchange
of all or a portion of a business or operating unit if you do business
or have done business with that business or operating unit, but only
if that company agrees to use the data solely for the purpose of making
its acquisition decision and to observe the relevant provisions of our
Privacy Policy with respect to the data. In the event that personally
identifiable data about you is transferred to a company acquiring assets
from us, we will require that company to agree to observe the relevant
provisions of our Privacy Policy with respect to personally identifiable
data about you (including any choices you have made under our Privacy
Policy to limit the use of your data).
Independent Agency Uses. We may disclose
personally identifiable data about you to any individual or company
that we retain to assist us in the conduct of our business, including
an individual or company that performs marketing services on our behalf,
but only if that individual or company agrees to use the personally
identifiable data about you solely for the purposes of performing the
tasks on behalf of, and under the instruction of, us and to observe
the relevant provisions of our Privacy Policy with respect to the data.
Use of Data from Others. We may obtain personally
identifiable data about you from our licensees and distributors and
from other companies with whom we have business relationships. Such
information may be merged with or used to enhance personally identifiable
data that we have collected previously, as permitted by applicable law.
Disclosure to Promotional Program Sponsors.
A promotional program, or "PP", is a contract or program we
establish in cooperation with a sponsoring company or organization (the
"sponsor") through which individuals with specified characteristics
are entitled to license our products or receive our service terms that
differ from those generally offered to the public. Examples of PPs include
plans where our products or services are bundled with those of the sponsor
(and perhaps others). We identify PPs using unique numbers ("PP
Numbers"), and we require those who wish to transact under the
terms of a PP, to furnish us with the appropriate PP Number.
If you transact using a PP Number, you consent
to our disclosure of personally identifiable data about you to the PP's
sponsor in order to permit us and the sponsor to (i) verify your eligibility
to participate using that number; (ii) determine our compliance with
the promotional terms of the PP; (iii) determine your compliance with
the sponsor's policies; and (iv) facilitate the sponsor's reimbursement
of some or all of the costs of your transaction to the extent it has
agreed to reimburse you for them. We require sponsors to treat all personally
identifiable data disclosed to them for these purposes as confidential
and not to use that data for marketing purposes.
If you do not wish us to share personally
identifiable data about you in the manner described under this subheading,
you must not use a PP Number in connection with your transaction. If
you do not use a PP Number, you will not receive the benefits of the
associated contract or program.
9. Marketing
Uses
You have the right to "opt out" of Marketing Uses in the manner
described below under the heading Option to Limit Use of Data.
We may aggregate and analyze all of the personally
identifiable data about you to enable us to develop targeted marketing
programs and service offerings that we believe are tailored to the needs
of particular groups of customers. We may then use the personally identifiable
data about you to contact you regarding programs and services we believe
might be of interest to you. If you wish us not to contact you for this
purpose, you may decline as set forth below under Option to Limit Use
of Data.
We may disclose all of the personally identifiable
data about you among ourselves and to our licensees and distributors
for marketing purposes, provided the licensees and distributors to which
we disclose the data agree to observe the relevant provisions of our
Privacy Policy with respect to the data being disclosed (including any
choices you have made under our Privacy Policy to limit the use of your
data). If you wish us not to disclose personally identifiable data about
you to our licensees and distributors for marketing purposes, you may
decline as set forth below under Option to Limit Use of Data.
10. Unintentional
Disclosure
While we have taken significant steps to prevent the inadvertent disclosure
of your personally identifiable data to persons who, without authorization,
break into and access our confidential electronic files in violation
of existing law ("hackers"), we cannot guarantee that a sophisticated
hacker will not some day penetrate the barriers we have in place to
safeguard your personally identifiable data. We will continue to evaluate
and, where indicated, update our security precautions consistent with
good business practices.
11. Option
to Limit Use of Data
You may elect to direct us to limit the use of personally identifiable
data about you. As stated above, it is our standing company policy not
to disclose personally identifiable data about you to third parties
companies (who are not our licensees or distributors) for their marketing
purposes. However, you may direct us not to send you any marketing offers
or materials and not to provide personally identifiable data about you
to our licensees and distributors for marketing purposes. If you do
this, we will not, after your direction becomes effective, either send
you any marketing offers or materials or provide personally identifiable
data about you to our licensees or distributors for marketing purposes.
(We are not, however, responsible for any subsequent use by licensees
or distributors of data disclosed to them before we received your direction.)
How to Elect. If you are a current customer,
you may communicate your election to us by accessing the update section
of your customer profile in your program’s section of this website
and make the desired directions. You may also make your choice by writing
Privacy Services, Worden Brothers, Inc., 4905 Pine Cone Drive, Durham,
NC 27707. Any direction made through this website will become effective
within 48 hours of your making the direction. Any direction made through
the mail will become effective by the end of the 20th business day following
the date on which your direction is received at the above addresses.
Subsequent Choices. If you choose no longer
to limit the use of personally identifiable data about you, then we
will observe the terms of your latest effective choice as if it were
the only instruction we had received from you with respect to the use
of personally identifiable data about you.
Option to Limit Non-Marketing Uses of Data.
We will not make any non-marketing use of personally identifiable data
about you unless either: (i) we give you notice of that use and provide
you the opportunity to direct us not to make that use of the personally
identifiable data about you, or (ii) applicable law or where applicable,
the Safe Harbor Principles, authorize us to make that use of personally
identifiable data about you without providing you the opportunity to
direct us not to do so. Please note that all Normal Uses of personally
identifiable data about you as described in our Privacy Policy constitute
uses that are so authorized.
12. Access
to or Correction of Data
We make reasonable efforts to ensure that the personally identifiable
data we have about you is accurate, current and complete.
You have a reasonable right to access and
review personally identifiable data about you collected by us. You may
correct factual errors in that data by sending a request to us that
credibly shows the error. You should contact our main office in the
country in which you reside for information about how to exercise these
rights. As an alternative, you may obtain the information by writing
to Privacy Services, Worden Brothers, Inc., 4905 Pine Cone Drive, Durham,
NC 27707. To protect your privacy and security, we will take reasonable
steps to verify your identity before granting access or making corrections.
[If you are a current customer enrolled in
TeleChart or a similar program, you may update the information in your
member profile by accessing the update section of your member profile
in the program's section of this website.]
13. Right to
Make Future Changes in Policy Reserved
We make our Privacy Policy available through a link on the home page
of our website www.worden.com. We reserve the right to change our Privacy
Policy in the future. Subject to applicable laws, any changes to our
Privacy Policy will be effective upon posting of the revised Privacy
Policy on the Internet, accessible from a link appearing on the home
page of our website www.worden.com. If we make changes, we will revise
the "Last Updated" date on the top or cover page of our Privacy
Policy.
If we change our Privacy Policy in a way
that is less protective of your privacy, then the change will not apply
to our use of any personally identifiable data about you that was collected
by us before the change was made, unless we notify you and provide you
with the opportunity to direct us not to make new uses of personally
identifiable data about you.
14.
Coordination with Applicable Law
We do business in many countries and states. Depending on where you
live and where and the products and services you purchase from us, our
collection and use of personally identifiable data about you may be
governed by federal and state laws of the United States (including the
Gramm-Leach-Bliley Act), the laws of other countries or the Safe Harbor
Principles. Where applicable, we will comply with such laws and the
Safe Harbor Principles regarding our collection and use of personally
identifiable data about you and will limit any disclosures of data accordingly.
15.
Information Regarding Former Customers
We disclose personally identifiable data about former customers or customers
with inactive accounts only in accordance with our Privacy Policy.
16.
Customer Questions
We hope our Privacy Policy answers your questions about our collection
and use of personally identifiable data about you. If it does not, or
if you have questions about whether we are observing our Privacy Policy,
please write to us at Privacy Services, Worden Brothers, Inc., 4905
Pine Cone Drive, Durham, NC 27707. If, after we respond to you, you
feel that we have not satisfactorily addressed your questions or concerns,
we will refer you to a neutral, independent third party dispute resolution
organization.
17. Disclaimer
and Limitation of Liability
IF YOU ARE DISSATISFIED WITH THIS PRIVACY POLICY OR IF WBI FAILS TO
ABIDE BY THE TERMS OF THIS PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO STOP USING THE SERVICES PROVIDED BY WBI. WBI WILL NOT PAY YOU
ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, INDIRECT, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE THE RESULT
OF THE NEGLIGENCE OF WBI.