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NMS Data, Inc. (“NMS”, “we”, or “us”) respects the privacy rights of its customers, visitors to its websites, and all other parties. NMS does business as and maintains separate websites for Neilson Marketing Services, ProgramBusiness.com, and Agency Tsunami. This policy covers each of these businesses, including the following websites that NMS operates: neilsonmarketing.com, programbusiness.com, and agencytsunami.com (collectively “Websites”).

Thank you for using our Websites. We are committed to complying with applicable privacy laws. This Privacy Policy discusses our collection, use, and disclosure of information, as well as other privacy-related information. In operating our businesses, NMS collects and sells business-related information, which may include business-related information of individuals (sometimes referred to as “business personal information”). To the fullest extent allowed by law, by using our Websites, you consent to our collection, use, management, retention, and disclosure of information as described in this policy.

NMS’s uses of business personal information are designed solely to help businesses interact with other usinesses. NMS does not engage in any advertising or marketing activities for non-business-to-business purposes, nor does it sell any products or services for such purposes. Moreover, NMS believes it does not meet the criteria for a covered “business” under the California Consumer Protection Act (“CCPA”). For these and other reasons, NMS reserves the right to assert that consumer protection laws such as the CCPA do not apply to it. Nevertheless, NMS affirms its commitment to privacy rights. NMS thus has taken steps to comply with the practices detailed in the CCPA, including offering California consumers the ability to make certain requests regarding their information, as described throughout this policy.

Questions or comments regarding anything in this policy may be sent via email to operations@neilsonmarketing.com, via toll-free phone call to 800-736-9741, or via any other methods identified in the “YOUR CHOICES AND PREFERENCES” Section below.

  1. ACCESSIBILITY

We want this privacy policy to be accessible to everyone, including those with disabilities. Upon request, we will provide this policy in a reasonable alternative format. If you have any issues reading or understanding this privacy policy, please contact us by any method described herein.

  1. INFORMATION WE COLLECT

Collection Of Information Generally: NMS collects information on businesses and business professionals. We collect information on businesses that may be a factor in our customers’ activities involving insurance, marketing, and related activities. Such information may include information regarding specific business professionals.

Categories Of Information: The categories of information collected include identifiers, commercial information, internet or similar network activity, geographic data, professional or employment information, and inferences from other business personal information.

Specifics Regarding Information: The specific information we may collect includes:

  • Company and business professional information, including business contact information such as name, title, address, business phone numbers, cell phone numbers, fax number, and e-mail address, domain names, FEIN numbers, and trade associations;
  • Detailed company profiles and statistics, including number of employees and revenue information;
  • Background information regarding company management, such as beneficial ownership/persons of significant control, and other, similar types of data;
  • Renewal dates for business insurance policies;
  • Additional information for our list of MGAs, Wholesalers, and Program Administrators, including: their SIC codes, carriers, policy administration systems, and social media platforms (both at a company and individual business professional level);
  • Additional information for our Agency Directory list of insurance agencies and brokerages, including: appointed carriers, agency management system vendors, industries targeted and insured, revenue and volume information, and percentage of volume that is commercial or personal lines;
  • Additional information for our Business Directory, including locations or headquarters with decisionmakers, SIC codes, geographic information, company size, number of employees, and annual revenue;
  • Additional information for our insurance carrier list, including branch locations, SIC codes underwritten, and Dun’s numbers.

Purposes Of Collecting Information: We collect this information, including business personal information, in order to: improve our products and services related to insurance marketing; help our customers improve their insurance marketing efforts; provide telemarketing, email marketing, and other marketing services; respond to communications by customers, vendors, and other third-parties; and license and sell professional business information, including contact information for individuals working at such businesses, for marketing and data management purposes.

Internet Browsing Information: We may collect information regarding your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address. The information is not used by us to personally identify you. We use analytic and reporting technologies that may record 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 Websites and our services are accessed. We sometimes contract with third parties to help us manage, monitor and optimize our Websites and measure the effectiveness of our advertising, communications and use of the Websites. We may use web beacons and cookies (described in Section 9 below) for this purpose.

Other Information You Provide: If you voluntarily provide us with information over our websites or offline, or provide information in the course of purchasing products or services, we typically collect such information. For instance, NMS collects business personal information that you provide through its Websites. This includes your name, address, telephone number, social media handle, email address, employer, and job title. NMS also does so when you subscribe to items such as email newsletters; request information, fill out surveys, or otherwise access or submit content in a manner that transmits business personal information to NMS. We collect and use information you provide for the same purposes as discussed above.

  1. HOW WE COLLECT INFORMATION

We collect information, including business personal information, when you provide it to us; when you visit our Websites; when we learn about it through internal research and development; and when we purchase or license it from third parties. We may collect such information both offline and over the internet in the following ways: (1) directly from businesses (including their owners and principals); (2) from the business’s vendors, third parties, and suppliers; (3) from public records such as business registrations and press releases; and (4) from our vendors or other third parties.

When you register or subscribe to our service, communicate with us, or make a purchase through our Websites, we will collect your name, mailing address, telephone number, email address, and other business personal information that we request during the registration process. NMS may input and store such information in its customer relationship management (“CRM”) system. If you communicate with us regarding the Websites or any of our services or products, we may collect any information that you provide to us during the course of our communication. If you send us an e-mail or respond to a “Contact Us” or similar part of the Website, we may record your e-mail address and any other business personal information included with your message. In order to use several aspects of the Website, you must register. Visitors may complete registration forms to be added to our distribution list(s) to receive email newsletters, third-party email advertisements, and information about our products and services. While credit card, debit card, or other payment information may pass through our systems during the course of purchases, we do not collect or store such information.

We may also collect insurance policy or claim information, financial information, or other information that may help our research, products, or services. Additionally, we collect business personal information from the following sources:

  • Applications or other forms such as claims forms or underwriting questionnaires that you submit to us and others;
  • Information about your transactions with us, our affiliates or others; and
  • Third party information from sources such as the internet or governmental agencies.

We regularly buy or license the information discussed in this policy from third parties.

  1. HOW WE USE AND SHARE INFORMATION

NMS uses the information that we collect to operate our Websites, offer customers a variety of business information products and services for use in making advertising and marketing decisions, and carry out transactions that you or others request or authorize. NMS also licenses professional business contact information to authorized resellers and third-party businesses for marketing and data management purposes. We also use information you provide to us to respond to your communications, and may add your address to an email distribution list used to announce new products, to update the status of other products. or otherwise contact you for marketing purposes.

For visitors who only read or download pages from our Websites, we may disclose or sell collective demographic and user profile data with third parties. We may disclose this information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. Aggregated website visitor data may be used to determine usage patterns or interests of visitors to the website and users of our products, or for purposes related to technical support or security of the website, products and computer systems. We may also aggregate corporate or industry information accessed by all of our customers. We do this in order to appreciate the types of companies and industries for which our customers require information, which in turn improves the quality of the products. You may not opt-out of the sharing of this information unless allowed by law.

NMS shares information with third party service providers, such as credit card processors, auditors, attorneys, consultants, live help/chat providers, and contractors, in order to support NMS’s Websites and business operations. NMS may also disclose the information as required or appropriate in order to protect its Websites, business operations or legal rights, or in connection with a sale or merger involving its assets or businesses. NMS contractually requires that purchasers or licensees of business personal information use the information only for its intended purposes, and destroy or return the information when it is no longer needed or after the governing agreement expires.

From time to time, NMS compiles online and offline transaction and registration information for internal analyses, such as market research, quality assurance, customer experience, and operational benchmarking initiatives. When necessary or appropriate, we may disclose information in response to a court order, subpoena, law enforcement proceeding, regulatory inquiry or when otherwise legally required.

For certain individuals, NMS will, upon your request, allow you to opt out of NMS’s information sharing practices. For more information, see the “YOUR CHOICES AND PREFERENCES” section below.

  1. NO SENSITIVE PERSONALLY IDENTIFIABLE INFORMATION

NMS does not attempt to collect sensitive personally identifiable information associated with individuals, such as their Social Security Numbers or dates of birth. If you believe you have transmitted such information to NMS, you may contact NMS via the methods in the “YOUR CHOICES AND PREFERENCES” section below to request that such information is deleted.

  1. YOUR CHOICES AND PREFERENCES

NMS respects the privacy rights and preferences of all individuals. We offer the following ways for you to exercise the privacy rights and preferences detailed in this section: You may contact us via email at operations@neilsonmarketing.com, via telephone toll-free at (800) 736-9741 or through our primary number at (949) 472-2700, or via mail at NMS Data, Inc., Attention: Operations, 23172 Plaza Pointe Dr #205, Laguna Hills, CA, or through any form we provide as noted in this policy.

Consumer Data Privacy Protection Laws, Including For California Residents

Certain laws protect the rights of individuals regarding their data and privacy. For instance, if you are a California consumer, you may have rights under the California Consumer Privacy Act of 2018 (“CCPA”). Without conceding that the CCPA legally applies to NMS, NMS strives to fully comply with the CCPA’s requirements, and the spirit of laws designed to protect individual privacy. Please see Sections 2 and 3 for descriptions of the information NMS collects, including categories and specific items of information. If you are a verifiable California “consumer” under the CCPA, you may do the following:

  • Opt out of the sale of your business personal information by NMS, unless continued sale is allowed by an exception in the CCPA;
  • Request the following information;
    • Categories of personal information NMS has collected about you;
    • Categories of sources from which such information was collected;
    • Categories of your personal information that NMS sold or disclosed for a business purpose;
    • Categories of third parties to whom the personal information was sold or disclosed for a business purpose;
    • The business or commercial purpose for collecting or selling personal information; and
    • The specific pieces of personal information that NMS has about you; and
  • request that NMS delete or move your business personal information, although we may deny your request for deletion such a denial is legally permitted under the CCPA.

To exercise any rights under the CCPA, you may use any method described in Section 6, or may submit a request to opt out of the sale of business personal information via this Do Not Sell My Personal Information web form, or a request to know or delete information via this Request To Know Or Delete web form.

If you make requests regarding your business personal information under the CCPA, NMS will require that you provide proof of your identity in a manner consistent with promulgated by the California Attorney General regarding the CCPA. Any information you provide will only be used to fulfill your CCPA request. Identity verification may include the following

  • For password-protected accounts, we will verify your identity through our existing authentication processes.
  • For non-password-protected accounts, the verification procedure will depend on the nature of your request. If you make a request under your right to know categories of business personal information, we will require verification of your identity to a reasonable degree of certainty, including matching at least two data points that you provide to the information we maintain. If you make a request under your right to know specific pieces of information, we will require verification of your identity to a reasonably high degree of certainty, including matching at least three data points that you provide to the information we maintain.
  • Regardless of whether the request relates to a password-protected account, if you exercise your right to delete information, we require verification at the time of the request, and re-verification before any data is deleted, and we will use our discretion based on the sensitivity of the data whether to use two or three-step verification.

Additionally, you should be aware that consumers can designate an authorized agent to make a request under the CCPA on a behalf.California consumer’s behalf. An authorized agent can such a request by any means identified in this policy for a consumer to make such a request, so long as the following requirements are met: (1) the consumer provides written authorization for the agent to do so; (2) the consumer verifies his or her own identity directly with NMS; and (3) the consumer directly confirms with NMS that he or she provided the authorized agent to submit the request. Alternatively, an authorized agent can make a CCPA request if he or she proves to NMS that the consumer has provided the authorized agent with a power of attorney pursuant to California Probate Code sections 4000 to 4465.

Further Information For California Residents

California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosure of business personal information to third parties for their direct marketing purposes. To make such a request, please see the “YOUR CHOICES AND PREFERENCES” section above for contact information.

Other Choices and Preferences

NMS acknowledges that you have a right not to receive discriminatory treatment due to the exercise of your privacy rights. If you exercise any rights in this section, we will not discriminate against you in any way. Further, we do not offer any financial incentives or price or service difference in exchange for the retention or sale of any business personal information of consumers.

By contacting us through one of the offered methods, you may do the following:

  • opt out of receiving promotional emails, newsletters, and other updates (please note that if you click an unsubscribe link from one of our Websites, you may continue to receive communications from our other Websites);
  • no longer receive telemarketing calls from us, or revoke consent provided to NMS regarding its ability to contact you;
  • be placed on NMS’s Do Not Mail list, if you no longer wish to receive marketing or promotional mail from NMS;
  • be excluded from our database of professional contacts (please note that if your professional contact information is in a different third party’s marketing directory, you will need to request removal with such third party directly);
  • have NMS delete or move your business personal information;
  • have NMS not disclose your personal information to third parties for third parties’ direct marketing purposes;
  • have NMS provide you with information regarding your business personal information;
  • opt out of NMS’s information sharing practices;
  • correct or update your business personal information;
  • contact us regarding a potential data error, whereupon NMS will promptly investigate the issue, confirm the information in question, correct verified inaccuracies or delete any information if required by law, and respond to the original inquiry. However, some third parties and third-party sites may continue to display inaccurate data until their databases and display of data are refreshed in accordance with their update schedules.

We may continue to communicate with you by phone, mail, or email for transactional or service-related purposes despite your desire to not receive communications from us.

If you opt out of receiving future communications on products or services, 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 business 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.

  1. DATA RETENTION

We will retain your information for as long as needed to serve the purposes identified in Section 1 of this policy, entitled “INFORMATION WE COLLECT”, or as long as necessary to operate our business, comply with legal obligations, resolve disputes, or enforce agreements. If you wish to cancel your account or request that we no longer use your information, please utilize the options available online or described above in Section 6, entitled ” YOUR CHOICES AND PREFERENCES”.

  1. DATA SECURITY

We consider protecting the security of information to be very important. NMS maintains commercially reasonable security measures to protect information, including business personal information, against unauthorized access and disclosure and that are consistent with our business operations and generally accepted industry standards. These measures include the implementation of technical, physical and administrative security safeguards.

We cannot ensure or warrant the security of any information that you transmit to us and you agree that you provide this information and engage in such transmissions at your own risk. Once we receive information from you, we will endeavor to maintain its security on our systems. We do this in the following ways:

  • Establishing policies and procedures for securely managing information;
  • Limiting employee access to sensitive information;
  • Protecting against unauthorized access to customer data by using data encryption, authentication and virus detection technology
  • Utilizing service providers that comply with relevant data privacy legal and regulatory requirements;
  • Continually assessing our data privacy, information management and data security practices.

Further, our Websites have 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, that information is encrypted using cryptographic protocols. When our Websites are accessed using most modern web browsers, this 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 Websites in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, for accounts, we provide unique usernames 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.

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 business personal information, we do not guarantee absolute security. To the fullest extent permitted by law, 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.

  1. 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. We will use cookies to track your use of the Websites and the services and products we offer and sell, provide you with a more personalized user experience, facilitate your logging in to the Websites, and provide targeted advertising. We also use cookie data in operating our online 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 Websites, 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 Websites.

We may also use web beacons. A web beacon is an often-transparent graphic image, usually no larger than a 1×1 pixel that is placed on a web page or in an email that is used to monitor the behavior of the user visiting the Websites or receiving the email.

  1. “DO NOT TRACK” SIGNALS

Except as otherwise specified in this Privacy Policy, we do not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, we reserve the right to do so in the future. NMS does not sell information regarding IP addresses, browsers, or devices, and does not use such information to identify individuals. However, to the extent required by law, we may treat user enabled-privacy controls such as browser plugins, privacy settings, or other mechanisms that communicate or signal a consumer’s choice to opt out of the sale of their personal information as a valid request submitted pursuant to Civil Code section 1798.120 for that browser or device, or, if known, for the consumer.

  1. CHILDREN

NMS’s Websites, products and services are for business purposes only. They are not targeted at, intended for, or expected to be of use to children under the age of 18. User provided contributions of content or contact information regarding or about children are expressly prohibited. We will delete any information in our database that we know originates from a child under the age of 18. If you under 18, 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 by emailing us at operations@neilsonmarketing.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.

  1. LINKS

As a convenience for our users, our Websites 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. We assume no responsibility in any way relating to the use of third-party sites. 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.)

  1. REVISIONS TO PRIVACY POLICY & EFFECTIVE DATE

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 our Websites 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. This Privacy Policy was last updated 2June 30, 2020.