Demarle, Inc. - PRIVACY POLICY

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Effective 8/14/09
Demarle, Inc.
Cranbury, New Jersey USA

Your privacy is very important to us. This Privacy Policy discloses how Demarle, Inc. and its parent company, ETS Guy Demarle S.A.S collect, protect, use and share personal information gathered about you, in conformance with the applicable law. All personal information is collected in a fair and non-intrusive manner, with your voluntary consent. Personal Information is not accessible to anyone outside the specific function for which it is collected. Demarle, Inc. respects the privacy of employees and job applicants, franchisees, development agents, Demarle customers and other visitors to our websites who may choose to provide personal information. We recognize the need for appropriate protection and management of personal information that you provide to us. This Privacy Policy will assist you to understand what types of information we may collect, how that information may be used, and with whom the information may be shared.
In an effort to comply with the law, and our commitment to protect your personal information, we provide the following, which discloses our policies. Please note that this Privacy Policy does not govern the privacy policies and procedures of Demarle’s independently owned and operated distributors.

What type of information do we collect?
Personal Information is any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Personal Information shall include but is not limited to: identifying information such as name, home address, home telephone number, e-mail address, Social Security number, financial information and employment-related information such as may be found on resumes, applications, background verification information, or in employment references. We will not collect sensitive Personal Information, except to comply with Affirmative Action data requirements. Sensitive Personal Information can include but is not limited to: information pertaining to gender, disabilities and veteran status.

Cookies – Internet Users
Cookies are pieces of information a website sends to an individual’s hard drive while they are viewing the website. If your browser is set to allow cookies, we may store small amounts of information on your computer about what parts of our websites you have visited and what features you like best. We may then tailor the content you see to match your interests. We also may use cookies to identify members so that they don't have to re-enter their usernames and passwords. By allowing us to understand how you use our site over time, cookies can help us provide you with a better, more relevant online experience.

The cookies we store on your computer are not accessible on any other companies' websites.

Most browsers allow you to modify your security to accept or reject cookies. You need not have cookies turned on to visit our site, but without them, your access to some areas may be limited and custom navigation may not be available to you.

Children and Data Collection
We care about the safety of children. We will not intentionally collect or knowingly allow anyone under 13 to provide us any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail addresses, and phone numbers) over the Internet.


Our Use of Your Information
We use your Personal Information to facilitate the services you request. We have tailored our Privacy Policy to adequately inform you of the use of your Personal Information.


Collection and Use of Employee Personal Information
Demarle also collects Personal Information from its employees and applicants (human resource data) in connection with administration of its Human Resources programs and functions. These programs and functions include, but are not limited to: job applications and hiring programs, compensation and benefit programs, performance appraisals, training, access to Demarle facilities and computer networks, employee profiles, Human Resource recordkeeping, Affirmative Action data, and other employment related purposes. It is the policy of Demarle to keep all past and present employee information private from disclosure to third parties. There are certain business related exceptions and they are:
1. To comply with county, state or federal agency requests;
2. Inquiries from third parties with a signed authorization from the employee to release the information, except in situations where limited verbal verifications are acceptable (see below);
3. Third parties with which Demarle has contractual agreements to assist in administration of company sponsored benefits. Verifications of Employment Prospective employers, state agencies, financial institutions, and residential property managers routinely contact Demarle requesting information on a former or current employee's work history and salary. All such requests of this type shall be referred to and completed on a confidential basis by the Human Resources Department or Payroll Department. For written verification of employment requests, information will be provided on the form only when it is accompanied by an employee's signed authorization to release information. The form will be returned directly to the requesting party and filed as part of the Human Resources or Payroll Department’s confidential records.


Medical Information
Demarle is compliant with federal HIPAA regulations and only utilizes information related to the company sponsored healthcare plan on a "need to know" basis for administration of the healthcare plan.


Collection and Use of Customer Information
Demarle will not collect customer Personal Information, unless the customer contacts Demarle directly. If you are an online customer, we ask for contact information, name, shipping address, phone number, and e-mail address. In the future, we may use this information to contact you regarding products or promotions, as well as other products and services, which may be of interest to you. At any time you may “opt out” of future contacts by unsubscribing from our database or contacting the IT department.
Personal Information collected from customers include, but is not limited to: name, address, telephone number, facsimile number, email address, date of birth, bank account information for Electronic Funds Transfer, financial statement, and taxpayer identification number. Failure to provide requested Personal Information may negatively impact a prospective customer’s ability to become a customer with an active Demarle account.


Sharing of Personal Information
We may share Personal Information with our service providers, consultants and affiliates for our internal business purposes. Except as described in this Privacy Policy, Demarle will not share Personal Information with a third party, unless a customer requests, consents to such disclosure, or disclosure is required or authorized by law. Demarle reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena, or court order legally requires or authorizes us to do so. Demarle also reserves the right to disclose and/or transfer Personal Information to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, or financing of all or any portion of Demarle or of any of the business or assets or shares of Demarle or a division thereof. We will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.


Personal Information may be provided to a courier or freight forwarder in order to fulfill an order, which may have been requested from us. Demarle staff and other service providers are prohibited from using Personal Information for any purpose other than to provide assistance. Demarle staff are required to protect Personal Information disclosed by us and to comply with the general privacy principles described in this Privacy Policy.


Disclosure, Storage, Retention and Accuracy of Personal Information
Except as described in this Privacy Policy, Demarle will not disclose Personal Information to a third party, unless such disclosure is requested, there is consent to such disclosure, or disclosure is required by law. Demarle insures that Personal Information is safeguarded against loss, access, use, modification, disclosure, or other misuse. All reasonable steps are taken to prevent unauthorized use or disclosure of your Personal Information. Demarle will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purpose(s) remains valid after termination of our relationship with you. We take all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.


Contact Information
You may contact Demarle to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another employee to assist in completing your requested task. If you have any questions or complaints, please contact the Demarle Controller. The Controller can be reached by telephone at: (609) 395-0219 or 1-888-353-9726; by Facsimile at: (609) 395-1027; by email at: michelle@demarleusa.com; or by mail at Demarle, Inc., 8 Corporate Drive, Suite 8-A, Cranbury, NJ, 08512, USA. We will address your concern and attempt to resolve any problem.


Links to Non-Demarle Web Sites and Third Parties
Please note that Demarle web sites may contain links to other web sites for your convenience and information. Demarle does not control those sites or their privacy practices, which may differ from www.DemarleUSA.com . Demarle’s privacy policy cannot and does not apply to external Web areas. We do not endorse or make any representations about third party web sites. The personal data you choose to give to unrelated third parties is not covered by the Demarle privacy policy. We encourage you to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with Demarle; that sharing is governed by that third party company’s privacy policy.

Payment Information

All online payment transactions are processed through Paypal.com. Demarle does not see, or have access to, customer payment information. If you would like to review the Paypal privacy policy, please click here.

Safe Harbor Compliance
Demarle is in compliance with the U.S. Department of Commerce Safe Harbor requirements regarding the transfer of personal information from European Union member countries to the United States. Demarle has been Self-Certified in accordance with the EU Directive on Personal Data Protection. The principles of Safe Harbor compliance are notice, choice, onward transfer, security, data integrity, access and enforcement. Additional information about Safe Harbor principles and certification process can be found at www.export.gov/safeharbor.

Members of the European Union
If you are a resident of a Member State of the European Union and have any concerns or complaints, please first address these issues to the Demarle Controller. Demarle, Inc. is located in the United States, as are the servers that make our websites available. All matters relating to privacy issues and websites are governed by the laws of the United States and the State of New Jersey. If the Controller does not satisfactorily address a complaint within thirty (30) days, any dispute, controversy or claim shall be settled by an arbitration administered by an arbitration agency, such as the American Arbitration Association (“AAA”). All arbitrations will be conducted in English. Judgment rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitration will be borne equally by the parties. New York, U.S.A. shall be the site of all hearings, and such hearings shall be before a single arbitrator. You may also submit complaints to the Federal Trade Commission at http://www.ftc.gov/ftc/complaint.htm or via telephone at (202)382-4537.

Changes to our Privacy Policy
If we change our privacy statement, we will post the revised statement here, with an updated revision date. If we make significant changes to our statement, we may also notify you by other means, such as sending an email or posting a notice on our home page.