Privacy Policy
iMarket Concepts, LLC
("we," "our," or "us"), owns and operates the Web
site located at the URL
www.NetworkerCentral.com
(the “Site”). By
visiting, using and/or submitting information to the Site, you are
accepting the practices described in this Privacy Policy. We
take your privacy seriously and have published this Privacy Policy to
inform you about the collection, use and disclosure of your
information.
Collection of Personally Identifiable Information
The following are certain situations in which we may collect personally identifiable information from you:
- Subscriptions, Forms, and Surveys. We may collect the following information that you submit or provide to
us: (a) personally identifiable information, such as your name, postal
address, telephone number, or email address, or (b) other information
about you, such as your zip code, gender, age, industry, personal
interests, categories of interests, or other demographic information. To
better provide you with offers, we may match information that you
provide to us with third party data sources. For example, we may match
your personally identifiable information to information from third
party data sources, such as past purchase information and your future
Web usage from other sites. By providing your personal information to
us, some of your past and future Web usage and other information will
no longer be anonymous to us.
- Correspondence. If you
send us personal correspondence, such as emails or letters, or if other
users or third parties send us correspondence about you, we may choose
to collect such information.
- Business Partners and Affiliates. We may receive and retain your personally identifiable information from one of our business partners or affiliates.
- Third-Party Advertisers. We may use third-party advertising companies to serve advertisements
when you visit the Site. These companies may use information about you,
including information about your visits to the Site and other Web
sites, in order to provide you with advertisements about goods and
services that may be of interest to you.
Use of Personally Identifiable Information
We
may use your personally identifiable information for online and
off-line marketing purposes, to send you emails, fulfill your requests
for certain products and services, send you offers for goods and
services that, in some cases, are targeted or relevant to your
interests, provide you with special offers that may be of value to
consumers or to all our subscribers, help our clients better understand
the demographics of our target audiences, analyze Site usage, send you
administrative notices, improve our content and product offerings,
customize the Site's content, layout, and services, send you
communications relevant to your use of the Site, support our marketing
data products and services, and as otherwise set forth in this Privacy
Policy. The aforementioned offers may be delivered via email, direct
mail, and / or telemarketing channels.
We may provide your
personally identifiable information to our business partners and
affiliates, which may include third party marketing companies,
advertising agencies, and data aggregation companies. These third
parties may use your information to provide you or other consumers with
information on products and services that may be of interest to you or
other consumers via email, direct mail, and / or telemarketing channels.
We
may provide your personally identifiable information to our business
partners and affiliates, which may include third party marketing
companies, advertising agencies, and data aggregation companies. These
third parties may use your information to provide you or other
consumers with information on products and services that may be of
interest to you or other consumers via email, direct mail, and / or
telemarketing channels.
Your personally identifiable information
may also be aggregated and used by us, our affiliates, and third
parties for online and offline (including, without limitation, direct
mail and telemarketing) advertising purposes, market research, project
planning, troubleshooting problems, detecting and protecting against
error, fraud or other criminal activity, to enforce our Terms of Use,
for other internal purposes, and as otherwise described to you at the
time of collection.
By using and accessing the Site, you
expressly agree to the use of your personally identifiable information
described in this Privacy Policy and to receive the information
described above. If you do not wish for us to use your information or
to receive these communications, we encourage you opt-out of the
receipt of certain communications, as set forth below.
Disclosure of Personally Identifiable Information
The following describes some of the ways that your personally identifiable information may be disclosed:
- Third Parties. If you provide your personally identifiable information to us we may
share, loan, rent or sell your personally identifiable information to
third parties, such as marketing companies, affiliates, advertising
agencies and data aggregation companies. These third parties may use
your personally identifiable information to provide you with
information, goods and services that may be relevant to your interests,
provide you with special offers, help understand the demographics of
their target audiences, and support their products and services. If
your personally identifiable information is disclosed to a third party,
pursuant to this Privacy Policy, we are not responsible for such third
party's use of such personally identifiable information or that third
party's privacy practices. A third party's privacy policies may differ
substantially from this Privacy Policy. If you do not want your
personally identifiable information shared, loaned, rented or sold to
third parties, you should not provide any information to us or visit
our Site.
We may also aggregate personally identifiable
information and disclose such information in a non-personally
identifiable manner to advertisers and other third parties.
Personally obtained lead (business prospect) information entered into our database system by you is considered private and will not be shared with third parties.
- External Service Providers. There are a number of separate services offered by third parties that
we refer to as external service providers that may be complementary to
your use of the Site. If you choose to use these separate services,
disclose information to the external service providers, and/or grant
them permission to collect information about you, then their use of
your information is governed by their privacy policy. We only disclose
your personally identifiable information to external service providers
as set forth in this Privacy Policy. You should evaluate the practices
of external services providers before deciding to use their services.
- Internal Service Providers. We may use third parties that we refer to as internal service providers
to facilitate or outsource one or more aspects of the business, product
and service operations that we provide to you and therefore we may
provide some of your personal information to these internal service
providers. We will use commercially reasonable efforts to ensure that
these internal service providers use your personal information only to
facilitate our business, product and service operations pursuant to
this Privacy Policy. If you provide additional information to an
internal service provider directly, then their use of your personally
identifiable information is governed by their applicable privacy policy.
- Third-Party Advertisers. We may use third-party advertising companies to serve advertisements to
you when you visit the Site. We may disclose information about your
visits to the Site to third-party advertising companies to market more
effectively to you. Our third-party advertising company may link your
personally identifiable information, such as your name, address and
e-mail address, to other information which they collect, such as past
purchase information and your future Web usage from other sites. By
providing your personal information on the Site, some of your future
Web usage will no longer be anonymous to our third-party advertising
company.
Our third-party advertising company may also merge your
personally identifiable information with previously collected
non-personally identifiable information. In these cases, because our
third-party advertising company may link your name, address and e-mail
address to your past Web usage, some of your past and future Web
activity will not longer be anonymous to the advertising company.
Notwithstanding
the foregoing, we reserve the right, and you authorize us, to share or
disclose your personally identifiable information when we determine, in
our sole discretion, that the disclosure of your personally
identifiable information is necessary to identify, contact, or bring
legal action against you if:
- you are or may be violating this Privacy Policy or our Terms of Use
- you are interfering with another's rights or property, including, without limitation, our rights or property
- you are violating any applicable law, rule or regulation
- necessary or required by any applicable law, rule or regulation; and/or
- requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.
Personally identifiable information and other personal
information collected from you may also be transferred
to a third party as a result of a sale, acquisition,
merger, reorganization, other transfer or bankruptcy
(a “Transfer”) involving us and/or our
affiliates. We specifically reserve the right to transfer
personally identifiable information collected from
or in connection with the Site, and any of its databases,
together with any personally identifiable information
contained therein, to a third party in connection
with a Transfer, and nothing in this Privacy Policy
is intended to interfere with our ability to transfer
all or part of our business and/or assets (including
the Site) to an affiliate or independent third party
at any time, for any purpose, without any limitation
whatsoever.
In addition, due to the existing regulatory environment,
we cannot ensure that all of your private communications
and other personally identifiable information will
never be disclosed in ways not otherwise described
in this Privacy Policy. By way of example (without
limiting the foregoing), we may be forced to disclose
personal information to the government or third parties
under certain circumstances or third parties may unlawfully
intercept or access databases, transmissions or private
communications. Therefore, although we value your
privacy and use industry standard practices to protect
your privacy, we do not promise, and you should not
expect, that your personally identifiable information
or private communications will remain private.
SMS Services
This website, websites linking to this website, and
websites linked from this website (collectively "We")
may make available a service either directly or through
third parties by which you can receive messages on
your wireless device via short message service ("SMS
Service"). Your provider's standard data and
messaging rates apply to all SMS correspondence. All
charges are billed by and payable to your mobile service
provider. You represent that you are 18 years of age
and the owner or authorized user of the wireless device
on which messages will be received, and that you are
authorized to approve the applicable charges. Data
obtained from you in connection with this SMS Service
may include your name, address, cell phone number,
your provider's name, and the date, time, and content
of your messages. The use of this information will
be in accordance with this Mobile Policy. If fees
are charged to your wireless account invoice, we may
provide your carrier with your applicable information
in connection therewith. Your wireless carrier and
other service providers may also collect data about
your wireless device usage, and their practices are
governed by their own policies. You acknowledge and
agree that the SMS Service is provided via wireless
systems which use radios (and other means) to transmit
communications over complex networks. We will not
be liable for any delays in the receipt of any SMS
messages, as delivery is subject to effective transmission
from your network operator. SMS message services are
provided on an AS IS basis. We do not guarantee that
your use of the SMS Service will be private or secure,
and we are not liable to you for any lack of privacy
or security you may experience. You are fully responsible
for taking precautions and providing security measures
best suited for your situation and intended use of
the SMS Service. You may opt out of the SMS Service
at any time by replying "STOP", "END",
or "QUIT" to the SMS text message you have
received. This process impacts only the future delivery
of the particular SMS message offering, so you must
send that message for each offering.
Opt-Out Procedure
You may at any time opt-out of our use of your personally
identifiable information by sending an email requesting
to opt-out of our use of your personally identifiable
information at the following email address:
unsubscribe@NetworkerCentral.com. After we process your opt-out request, we will
stop using your personally identifiable information.
Please note, however, that after you opt-out of our
use of your personally identifiable information, third
parties may continue to use any personally identifiable
information that may be in their possession and you
may still receive offers from third parties. You must
contact these third parties directly to opt-out of
their use of your personally identifiable information.
We are not responsible for any third party's use or
failure to stop using your personally identifiable
information.
National Do Not Call List
By providing us with your personally identifiable
information, you agree that we may contact you in
connection with your requests for products or services,
even if you are listed on the National Do Not Call
list, as permitted by law.
Newsletters and CAN-SPAM Compliance
We are fully compliant with the Controlling the Assault
of Non-Solicited Pornography and Marketing Act of
2003 (the "CAN-SPAM Act"). We are not responsible
for any email communications that you may receive
from third parties.
Cookie technology
"Cookies" are alphanumeric identifiers in the form
of text files that are inserted and stored by your
web browser on your computer's hard drive. We may
set and access cookies on your computer to track and
store preferential information about you. Such aggregated
information is used within our internal organization,
with our affiliates and may be shared with third parties.
Log Files
We use log files. Log files are not linked to personally
identifiable information, and provide us with the
following types of information: internet protocol
(IP) addresses, browser type, internet service provider
(ISP), referring/exit pages, platform type, date/time
stamp, and number of clicks to analyze trends, administer
the site, track user's movement in the aggregate,
and gather broad demographic information for aggregate
use.
Web beacons
"Web beacons," also called single-pixels (1x1) or
clear GIFs, are electronic images that allow a website
to access cookies and help track marketing campaigns
and general usage patterns of visitors to those websites.
Web beacons can recognize certain types of information,
such as cookie numbers, time and date of a page view,
and a description of the page where the Web beacon
is placed.
- Internal use of web beacons. We may use web beacons internally to count users and recognize users
through cookies. Access to cookies helps us personalize your experience
when you visit the Site.
- Email. We may include
web beacons in HTML-formatted email messages that we or our affiliates
or agents send. Including web beacons in email messages helps us
determine your interest in and the effectiveness of such emails.
- External use of web beacons. We may also use web beacons externally. For example, we may report
aggregate information about the Site's users, such as demographic and
usage information, to our partners and other third parties. We may also
include other company’s web beacons within the Site or in emails.
Security
We
protect information we maintain with internal and external firewalls
and physical and technological security measures. In certain areas of
the Site, we may use industry-standard SSL-encryption to protect data
transmissions. If an unauthorized third party compromises our security
measures, we will not be responsible for any damages directly or
indirectly caused by an unauthorized third party's ability to view, use
or disseminate such information.
Links to Other Web sites
The
Site and emails we send you, may include links to other third party Web
sites. Such links are not an endorsement by us of those Web sites
and/or the products or services offered there. Third party Web sites
may have different privacy policies and we are not responsible for the
privacy practices of those third party Web sites. If you click on a
link to a third party Web site, we encourage you to check the privacy
policy of that Web site, as it may differ substantially from that of
this Privacy Policy.
Access and Use of the Site
The
Site is intended to be accessed and used only by adults and is not
directed to children under the age of 18. We do not knowingly permit
registration or submission of personally identifiable information by
anyone under the age of 18.
Changes to this Privacy Policy
We
reserve the right to update, amend and/or change this Privacy Policy at
any time in our sole discretion and without notice. Updates to this
Privacy Policy will be posted here. Any information we collect from you
online is subject only to our most current Privacy Policy. You are
encouraged to revisit this Privacy Policy from time to time in order to
review any changes that have been made. Our last update was August 18,
2006. Your continued access and use of the Site following the posting of
any such changes shall automatically be deemed your acceptance of the
same.
Questions or Concerns
If you have questions, comments, concerns or feedback regarding this Privacy Policy, send an email to
support@NetworkerCentral.com.
Governing Law; Arbitration
This
Privacy Policy is to be governed by and construed in accordance with
the internal laws of the State of Florida, without regard for
principles of conflicts of laws. Any civil action, claim, dispute or
proceeding arising out of, or relating to, this Privacy Policy shall be
referred to final and binding arbitration, before a single arbitrator,
under the commercial arbitration rules of the American Arbitration
Association in Palm Beach County, Florida. You and we shall select the
arbitrator, and if you and we are unable to reach agreement on
selection of the arbitrator within thirty (30) days after the notice of
arbitration is served, then the American Arbitration Association shall
select the arbitrator. Arbitration shall not commence until the party
requesting it has deposited One Thousand Dollars ($1,000.00) with the
arbitrator as a retainer for the arbitrator's fees and costs. The party
requesting arbitration shall advance such sums as are required from
time to time by the arbitrator to pay the arbitrator's fees and costs
until the prevailing party is determined or the parties have agreed in
writing to an alternate allocation of fees and costs.
Judgment
upon any award rendered by the arbitrator shall be final, binding and
conclusive upon you and us, and your and our respective administrators,
executors, legal representatives, successors and assigns, and may be
entered in any court of competent jurisdiction. Notwithstanding the
previous sentence, in no event shall either you or we be entitled to
punitive, special, indirect or consequential damages, and both you and
we hereby waive your rights to any punitive, special, indirect or
consequential damages, including, but not limited to, damages for any
loss of profit, revenue or business. You agree that, subject to the
previous sentence, such an award by the arbitrator shall be your sole
and exclusive remedy pursuant to this Privacy Policy.
Miscellaneous
If
any portion of this Privacy Policy is deemed unlawful, void or
unenforceable by any arbitrator, this Privacy Policy as a whole shall
not be deemed unlawful, void or unenforceable, but only that portion of
this Privacy Policy that is unlawful, void or unenforceable shall be
stricken from this Privacy Policy. The headings contained in this
Privacy Policy are for convenience of reference only, are not to be
considered a part of this Privacy Policy, and shall not limit or
otherwise affect in any way the meaning or interpretation of this
Privacy Policy.
All covenants, agreements, representations and
warranties made in this Privacy Policy, as may be amended by us from
time to time, shall survive your acceptance of this Privacy Policy.
This
Privacy Policy and the Terms of Use represent the entire understanding
and agreement between you and us regarding the subject matter of the
same, and supersede all other previous agreements, understandings
and/or representations regarding the same. |