This document
declares the undertakings by
NHR Builder in relation to its
handling of Your Data.
Data Collection
NHR Builder undertakes to collect Your Data by
means that are:
fair;
legal; and
transparent.
If you
visit NHR Builder's web-site,
your web-browser automatically
discloses, and NHR Builder's
web-server automatically logs, the
following information: the date and
time, the IP address from which you
issued the request, the type of browser
and operating system you are using, the
URL of any page that referred you to the
page, the URL you requested, and whether
your request was successful. This data
may or may not be sufficient to identify
you.
Any
additional data that you provide, e.g.
in a web-form, may also be
logged. This data may or may not be
sufficient to identify you.
Any
additional data that your web-browser
automatically provides may also
be logged. This will be the case, for
example, if your browser has previously
been requested to store data on your
computer in 'cookies'
and submits them each time you request a
web-page within a particular domain
(such as NHRBuilder.com). This
data may or may not be sufficient to
identify you.
If you
disclose personal data to
NHR Builder in conjunction with
an identifier such as your name or your
credit-card details,
NHR Builder will collect Your
Data. Moreover, any data that becomes
available to NHR Builder
through any of the means described in
the preceding paragraphs may be able to
be associated with that identifier, and
hence become Your Data.
Subject to the
qualifications immediately below,
NHR Builder undertakes to
collect Your Data from you
and not from other parties. This
undertaking is qualified as follows:
where
NHR Builder reasonably
considers that the protection of its
financial interests requires that it
gather YourData from other sources,
or from additional sources. This
applies in particular where
NHR Builder has a lending
exposure to you, and seeks
information about your
creditworthiness;
where
NHR Builder reasonably
considers that its capability to
deliver quality services to you will
be materially enhanced by gathering YourData from other sources. This
applies in particular to consumer
profile data.
Where
NHR Builder collects Your Data
from sources other than you, it
undertakes:
to do so only
by legal means;
to do so only
with your Consent; and
to declare to
you what sources it uses, and under
what circumstances.
NHR Builder undertakes to declare the
purpose of collection in a
manner which is clear and meaningful,
and to avoid vague, highly inclusive
statements such as 'to support our
operations'.
Data Security
NHR Builder undertakes to store
Your Data in a manner that ensures
security against unauthorized access,
alteration or deletion, at a level
commensurate with its sensitivity.
NHR Builder undertakes to store Your Data only
in jurisdictions where
data protections are at least equivalent
to those required under the OECD
Guidelines.
NHR Builder undertakes to transmit
Your Data in a manner that ensures
security against unauthorized access,
alteration or deletion, at a level
commensurate with its sensitivity.
NHR Builder undertakes to implement appropriate
measures to ensure security of
Your Data against inappropriate
behavior by NHR Builder's
staff-members and contractors.
These include:
training for
staff in relation to privacy;
access
control, to limit access to Your
Data to those staff and contractors
who have legitimate reasons to
access it;
particularly
in the case of sensitive data, audit
trails of accesses, including the
identities of staff and contractors
accessing the data;
reminders to
staff and contractors from time to
time about the importance of data
privacy, and the consequences of
inappropriate behavior;
declaration
of appropriately strong sanctions
that are to be applied in the event
of inappropriate behavior
clear
communication of policies and
sanctions; and
processes to
audit, to investigate and to impose
sanctions.
Data Use
Use refers to the
application of Your Data by any part of
NHR Builder, or any
staff-member or contractor of
NHR Builder in the course of
their work.
NHR Builder undertakes to use Your Data only
for:
the
purposes for which it was collected;
such other
purposes as are subsequently
agreed between
NHR Builder and You;
such
additional purposes as may be
required by law. In
these circumstances, NHR Builder will take any reasonable steps
available to it to communicate to
You that the use has occurred,
unless it is precluded from doing so
by law; and
such
additional purposes as are
authorized by law (in
particular to protect
NHR Builder's interests,
e.g. if it believes on reasonable
grounds that You have failed to fulfil your undertakings to
NHR Builder or have
committed a breach of the criminal
law).
NHR Builder undertakes to use
Your Data only if
it has demonstrable relevance
to the particular use to which it is
being put.
NHR Builder undertakes to use
Your Data in such
a manner as to take into account the
possibility that it is not of
sufficient quality for the purpose,
e.g. because it is inaccurate,
out-of-date, incomplete, or
out-of-context.
Data Disclosure
Disclosure refers
to making Your Data available to any
party other than NHR Builder
and You. The term disclosure may include
many different conditions of data
transfer, including selling, renting,
trading, sharing and giving.
NHR Builder undertakes to disclose Your Data
only under the following circumstances:
in the
course of business being conducted
between You and NHR Builder, where
disclosure is necessary to a
contractor, such as a transport
company. Where Your Data is
disclosed in this way,
NHR Builder undertakes to
exercise control over
NHR Builder's contractors
to ensure that their actions are
compliant with these Terms;
in other
circumstances that are directly
implied by the purpose agreed
between You and NHR Builder at the
time of data collection or
subsequently. Where Your Data is
disclosed in this way,
NHR Builder undertakes to
exercise control over
NHR Builder's contractors
to ensure that their actions are
compliant with these Terms;
with
your consent, or at your
request;
where
required by law, such as a
provision of a statute, or a court
order such as a search warrant or
subpoena. In these circumstances,
NHR Builder will take any
reasonable steps available to it to
communicate to You that the
disclosure has occurred, unless it
is precluded from doing so by law;
where
permitted by law (e.g. the
reporting of suspected breach of the
criminal law to a law enforcement
agency; and in an emergency, where
NHR Builder believes on
reasonable grounds that the
disclosure of Your Data will
materially assist in the protection
of the life of health of some
person), provided that
NHR Builder will apply due
diligence to ensure that the
exercise of the permission is
justifiable.
In all cases,
NHR Builder undertakes to
disclose only such of Your Data as is
necessary in the particular
circumstances.
Data Retention
and Destruction
Subject to the
qualifications immediately below,
NHR Builder undertakes:
to
retain Your Data only as
long as is consistent with its
purpose; and
to
destroy Your Data when its
purpose has expired, and to do so in
such a manner that Your Data is not
subsequently capable of being
recovered.
This undertaking
is qualified as follows:
Your Data may
be retained in NHR Builder's logs, backups and
audit trails within
short-term retention cycles that are
devised to protect the company's
operations. In such cases, Your Data
will be destroyed in accordance with
those cycles;
Your Data may
be retained beyond the expiry of its
purpose if that is required
by law, such as a provision
of a statute, or a court order such
as a search warrant or subpoena, or
a warning by a law enforcement
agency that delivery of a court
order is imminent. In these
circumstances, NHR Builder:
will take
any reasonable steps available
to it to communicate to You that
Your Data is being retained,
unless it is precluded from
doing so by law; and
will only
retain Your Data while that
provision is current, and will
then destroy Your Data;
Your Data may
be retained beyond the expiry of its
purpose if it is authorized
by law (in particular to
protect NHR Builder's
interests, e.g. if it believes on
reasonable grounds that You have
failed to fulfill your undertakings
to NHR Builder or have
committed a breach of the criminal
law). In these circumstances,
NHR Builder will only
retain Your Data while that
situation is current, and will then
destroy Your Data.
Access by You to
Your Personal Data
NHR Builder undertakes to provide you with
access to Your Data,
subject to only such conditions and
processes as are reasonable in the
circumstances. In particular,
NHR Builder undertakes to
enable access:
conveniently;
without
unreasonable delay; and
without cost.
NHR Builder undertakes to establish and operate
identity authentication
protections for access to Your Data
that are appropriate to its sensitivity,
but practical. This may involve some
inconvenience; for example, relatively
straightforward procedures may be
involved in order to provide you with
access through a channel that you have
previously registered with
NHR Builder (such as a
particular email-address), but may
impose more onerous procedures if you
wish to use some other channel.
In the event that
you dispute some aspect of Your Data,
NHR Builder undertakes to take
reasonable steps in relation to the
amendment, supplementation or
deletion of Your Data.
You undertake:
not to seek
access for frivolous purposes, or
unreasonably frequently;
to accept
that deletion of some data may not
be consistent with the provision of
particular services by
NHR Builder to you.
Information about
Data-Handling Practices
NHR Builder undertakes to make information
available to you about the manner in
which NHR Builder handles your
data:
in general
terms, in a readily accessible
manner; and
in more
specific terms, on request.
Where Your Data is
disclosed to a contractor,
NHR Builder undertakes to make
information available to you on request
about the manner in which
NHR Builder's contractors
handle your data.
NHR Builder undertakes to ensure that the
information provided is meaningful, and
addresses your concerns.
You undertake:
not to seek
such information for frivolous
purposes, or unreasonably
frequently; and
to accept
that the disclosure of excessive
detail may harm the security of Your
Data and NHR Builder's
business processes, and may harm
NHR Builder's commercial
interests.
Handling of
Enquiries, General Concerns and
Complaints
If you have
enquiries, general concerns, or
complaints about these Terms, or about
NHR Builder's behaviour in
relation to these Terms, you undertake:
to
communicate them in the first
instance:
to
NHR Builder only;
in
sufficient detail;
through a
channel made available by
NHR Builder for that
purpose;
NHR Builder undertakes:
to provide
one or more channels for
communications to
NHR Builder, which are
convenient to users;
to promptly
provide acknowledgement
of the receipt of communications,
including the provision of a copy of
the communication, the date and time
it was registered, and
NHR Builder's
reference-code for the
communication;
to promptly
provide a response
to the communication, in an
appropriate and meaningful manner.
You further
undertake to not pursue NHR Builder through any Regulator or
the media:
until and
unless NHR Builder has had
a reasonable opportunity to respond
to the initial communication; and
while
NHR Builder and you remain
are conducting a meaningful dialogue
about the matter.
Enforcement
NHR Builder declares that its undertakings in
these Terms are intended to create
legal obligations, and
that those obligations are intended to
be enforceable under
appropriate laws in appropriate
jurisdictions. These include laws
relating to data protection, privacy,
fair trading, corporations and criminal
laws.
You undertake to
seek enforcement only in a
jurisdiction that is relevant
to the transactions that have taken
place between You and NHR Builder, in particular the jurisdiction in
which you live or in which you performed
the relevant acts, and the jurisdiction
in which NHR Builder is
domiciled or performed the relevant
acts.
If you wish to
discover the relevant laws
in any particular jurisdiction,
NHR Builder draws your
attention to the following resources:
not to
materially change these Terms in a
manner that reduces the protections
for Your Data;
to take all
possible steps to prevent any
company that acquires this company
or any of its relevant assets from
materially changing the Terms
applicable to Your Data in a manner
that reduces the protections for
Your Data;
where it is
considering making changes to these
Terms, or creating more specific
Terms relating to specific services,
to consult with appropriate
representative and advocacy
organizations;
where it
makes changes to these Terms, to
ensure that the differences between
successive versions are readily
accessible;
to maintain
all prior versions of these Terms in
such a manner that they are dated,
and readily accessible.
Definitions
NHR Builder means the
webmaster of this site and the other
downline members who recommend it.
Your Data
means data that is capable of being
associated with you, whether or not it
includes an explicit identifier such as
your name or customer number. In
particular, it encompasses all data that
NHR Builder is capable of
correlating with you, using such means
as server-logs and cookie-contents.
Your Data does
not refer to data that can no longer
be associated with you. This includes
aggregated data that does not and cannot
identify the individuals whose data are
included in the aggregation.
Consent
means your concurrence with an action to
be taken by NHR Builder.
Consent may be express or implicit, but
in either case must be informed and
freely-given.
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presented by
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262-437-3589
