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ESalesGuru is committed to respecting the privacy rights of Users of the Website ( all capitalized terms not defined in this Notice have the same meanings as in ESalesGuru's Website Terms and Conditions ). ESalesGuru created this Privacy Policy to give You confidence as You visit and use the Website, and to demonstrate its commitment to fair information practices and to the protection of privacy.
This Privacy Policy is only applicable to the Website, and not to any Third-Party Websites, including those owned and operated by Third-Party Service Providers, each of which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
Each time You use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time You use the Website You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.
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| 1 |
INFORMATION COLLECTION PRACTICES |
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| 1.1 |
TYPES OF INFORMATION COLLECTED |
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Traffic Data. Like most website operators, ESalesGuru.com automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify You. |
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| b |
Cookies. A "Cookie" is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. ESalesGuru uses Cookies to customize Your experience on the Website to Your interests, to ensure that You do not see the same advertisements or informational messages repeatedly, and to store Your password so You do not have to re-enter it each time You visit the Website. For additional information on ESalesGuru's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below. |
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| c |
Personal Information. In order for You to become an ESalesGuru Member and to use the Services, You must complete the Registration form and provide to ESalesGuru information that personally identifies You ("Personal Information"). Personal Information includes the following categories of information: (1) Contact Data (such as Your name, company name, mailing address, and e-mail address); (2) Financial Data (such as Your account or credit card number); and (3) Demographic Data (such as Your zip code). If You choose to become an Elite or Elite Plus Professional Member, You must participate in the Elite Member Pre-Screening Process and provide to ESalesGuru certain information regarding Your professional qualifications ("Professional Information") (such as skills, training, work experience, employment history, and education). In each case, You will be asked to provide Personal Information and/or Professional Information; the Website will not gather it surreptitiously. ESalesGuru may supplement the Personal Information and/or Professional Information You provide with additional Personal Information and/or Professional Information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to ESalesGuru. Other information requested on our Registration form, including the ability to receive promotional offers from ESalesGuru, is optional. We may in the future include other optional requests for information from You to help us tailor the Website for You and deliver personalized information to You. |
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| d |
Billing Information. The ESalesGuru Payment System requires members to pay via Pay Pal or credit card (Visa, MasterCard or American Express). ESalesGuru will collect Your Pay Pal, credit card and/or other financial institution information and will use that information to bill Your Membership or Project fees and/or to perform a billing operation on behalf of the Professional, including but not limited to the use and disclosure of such Pay Pal, credit card and/or other financial institution information to third parties as necessary to complete such billing operation. |
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| e |
Information You Make Public. As part of registration, both Employers and Professionals are required to create a personal profile, which may include Personal and/or Professional Information. Information in Your personal profile is available and accessible to any other registered User. In addition, the Website may contain features-forums, message boards, feedback systems-that permit You to upload, post, transmit, display, perform or distribute content, information or other, including Your Personal Information and/or Professional Information. Any information that You choose to disclose by means of the personal profile or other features becomes public information over which ESalesGuru is unable to exercise control. You should exercise caution when deciding to disclose Your Personal Information and/or Professional Information by means of the personal profile or other features, and You agree to assume all responsibility for doing so. |
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| 1.2 |
INFORMATION USE AND DISCLOSURE PRACTICES |
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Traffic Data and Information Gathered Using Cookies. ESalesGuru analyzes Traffic Data and information gathered using Cookies to help ESalesGuru better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, ESalesGuru is able to better design the Website to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, ESalesGuru may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. ESalesGuru does not attempt to link information gathered using Cookies to Personal Information. |
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| b |
Personal and Professional Information |
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| i |
Generally. ESalesGuru uses Your Contact Data to send You information about ESalesGuru and ESalesGuru's products and services, and to contact You when necessary in connection with the Services. ESalesGuru uses Your Financial Data to verify Your qualifications for certain Services and in connection with the ESalesGuru Payment System. ESalesGuru uses Your Demographic Data to customize and tailor Your experience on the Website. As with Traffic Data and information gathered using Cookies, from time to time ESalesGuru may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Website. ESalesGuru uses Your Professional Information to review Your Elite Membership application and to verify Your professional qualifications. |
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| ii |
Disclosure in Connection with Services. ESalesGuru discloses Personal Information and/or Professional Information to those who help it provide Services, including Third-Party Service Providers and others who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security. The third parties to whom ESalesGuru discloses Personal Information and/or Professional Information all have agreed to abide by this Privacy Policy, or have privacy policies with restrictions no less stringent that ESalesGuru's restrictions, with respect to the information provided to them by ESalesGuru. |
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| iii |
Disclosure to Other Members in Connection with the Feedback System
The ESalesGuru Feedback System allows Members to comment on and/or rank other Members, and provides the necessary accountability and quality control for both Employers and Professionals using the ESalesGuru Marketplace. When You use the Feedback System to comment on and/or rank other Members, you must only refer to other Members by their Esales Username. Although ESalesGuru strictly prohibits disclosure of Personal Information and/or Professional Information through the Feedback System, ESalesGuru does not and cannot guarantee that accidental disclosures of such information will not occur. ESalesGuru relies on its Members to use the Feedback system in a responsible and diligent manner. ESalesGuru is not responsible for and hereby disclaims all responsibility for the subsequent use and continued protection of Personal Information and/or Professional Information provided or viewed on the Feedback System. |
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Marketing Communications. When You register to become a Member, You may opt-in to receive email communications regarding the Services, new product offers and other matters ("Marketing Communications"). ESalesGuru will not provide Your Personal Information to third party advertisers or marketers for the purpose of Marketing Communications. If You opt-in to receive Marketing Communications, You may opt-out later by contacting our Help Desk. For additional information, see the section concerning User Ability To Access, Update, And Correct Personal Information, below. You are under no obligation to receive Marketing Communications, with the caveat that Your refusal to do so may prevent You from using certain of the Services. |
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By Law or to Protect Rights. ESalesGuru discloses Personal Information and/or Professional Information when required to do so by law, or in response to a subpoena or court order, or when ESalesGuru believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of ESalesGuru, third parties or the public at large. |
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| vi |
Business Transfers; Bankruptcy - ESalesGuru reserves the right to transfer all Personal Information and/or Professional Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of ESalesGuru's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information and/or Professional Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by ESalesGuru's successor organization. |
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| vii |
Unpaid Accounts. If You fail to pay any balance owed in consideration of Services, ESalesGuru may, as permitted by law, report Your Personal Information, including without limitation Your unpaid balance, to consumer credit reporting services, collection agencies and others. |
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TERMINATING YOUR MEMBERSHIP
We save Your Personal Information and/or Professional Information until Your membership with ESalesGuru is terminated. To terminate Your membership, contact the Help Desk. If You terminate Your membership, Your Personal Information and/or Professional Information cannot be recovered. After termination of Your membership, Your Personal Information and/or Professional Information may remain in our archived database and records. |
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THIRD-PARTY WEBSITES
ESalesGuru neither owns nor controls Third-Party Websites and Third-Party Service Providers. Accordingly, Third-Party Websites and Third-Party Service Providers are under no obligation to comply with this Privacy Policy except with respect to Personal Information and/or Professional Information provided directly to them by ESalesGuru. Before visiting or providing Personal Information to a Third-Party Website or Third-Party Service Provider, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website or Third-Party Service Provider, and should take those steps necessary to, in Your discretion, protect Your privacy. |
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PROMOTIONAL ACTIVITIES
From time to time, ESalesGuru may conduct contests, giveaways and other promotions (collectively, "Promotional Activities"). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, ESalesGuru may also ask You to participate in surveys designed to help ESalesGuru improve the Websites or Services. Any Personal Information provided to ESalesGuru in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form. |
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USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION
ESalesGuru wants Your Personal Information to be complete and accurate. As stated in the [ Website Terms and Conditions ], by using the Website, You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, Your Personal Information, visit Your personal profile in the Account Manager folder in your members account. |
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SECURITY OF PERSONAL INFORMATION
ESalesGuru has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information. |
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| 7 |
LOST OR STOLEN INFORMATION
You must promptly notify us if Your credit, Pay Pal account information, other financial institution information, user name or password is lost, stolen or used without permission. In such and event, we will remove that credit card number, Pay Pal account information, other financial institution information, user name or password from Your account and updated our records accordingly. |
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| 8 |
UPDATES AND CHANGES TO PRIVACY POLICY
Although most changes are likely to be minor, ESalesGuru reserves the right, at any time and without notice, to add to, update, change or modify this Privacy Policy, simply by posting such update, change or modification on this page. Any such addition, update, change or modification will be effective immediately upon posting on the Website. Each time You use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time You use the Website You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website. Unless ESalesGuru obtains Your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier Privacy Policy.
Effective Date: September 22, 2006 | |
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