WORDEN: Privacy Policy
Worden Brothers, Inc. ("WBI") is committed to protecting your
privacy. As a customer, you supply us with certain personally identifiable data.
We want you to understand how such personally identifiable data is collected and
used. We also want you to make informed choices as to whether and to what extent
you may restrict the manner in which your personally identifiable data is used.
This Privacy Policy is in addition to any user, or other, agreements you have entered
in to with WBI and nothing in this Privacy Policy shall be construed as superceding
or replacing any other such agreement.
Set forth below is WBI's Privacy Policy. Please read it carefully.
1. Scope and Nature of Policy
As a current or prospective customer of our business, this Privacy Policy covers
personally identifiable data collected from and about you. "Personally Identifiable
Data" means any data about an identified or identifiable individual recorded in
any form.
This Privacy Policy complies with the requirements of the
Safe Harbor Privacy Principles issued by the U.S. Department of Commerce on July
21, 2000 (the "Safe Harbor Principles"). Because we comply with the Safe Harbor
Principles, our transfers of data from countries in the European Union to the United
States meet the adequacy requirements of the European Union Data Protection Directive.
This Privacy Policy includes examples of the types of information
we may collect. These examples are illustrative and should not be considered a complete
inventory of our information collection practices. Accordingly, the words "include"
and "including" mean inclusion without limitation.
This Privacy Policy does not cover personally identifiable
data we collect from and about our employees. We have different corporate policies
for those types of data. It also does not cover data collected by us for statistical
purposes from which the personally identifiable characteristics have been removed.
We retain the right to use such data for statistical purposes for our own business
use.
We do not knowingly solicit personally identifiable data from
persons under the age of 13 years.
2. Types and Sources of Data Collected
In the ordinary course of our business, we gather personally identifiable data about
you, including:
- Information you provide, such as your name, address(es), company
and other telephone number(s), fax number(s), e-mail address(es), date and place
of birth, driver's license number, credit card information, membership reward program
- Information about your transactions with us, our licensees
or distributors or others, such as your order activity; and
- Information we receive from consumer reporting agencies, such
as your creditworthiness and credit history.
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.