Privacy Policy

Last updated: February 1, 2020

This Privacy Policy describes how we collect, use, share, sell, or otherwise disclose information we collect about you, and applies to our collection via this website, which is nchmarketing.com (the “Site”). It also applies when you otherwise engage with our Services. The Site is owned, maintained, and the responsibility of NCH Marketing Services, Inc. (“NCH”, “we”, “us” or “our”).

 

This Privacy Policy covers only the information that we collect from you when you use or otherwise access our Site or Services. It does not cover the privacy practices of third parties that we do not own or control.

 

It is important to note that we may provide third-party content or links to third-party websites or applications, or include features that allow you to connect your account with third parties, such as financial institutions or social media platforms like Facebook.

 

Anytime you leave our Site or Services or interact with third-party features or websites, you should also read the applicable third party’s privacy policies and terms of service to make sure you understand how they might collect and share information about you (approaches and philosophies can be different).

 

Before submitting information to or through our Site or Services, please review this Privacy Policy carefully. (If you have not done so already, please also review our Terms of Use.)

 

When you use, access or interact with us, our Site or our Services, you are agreeing to our Terms of Use and consent to how we collect, share, process and otherwise use information about you as described in this Privacy Policy.

 

1. Collection of Personal Information

Information Collected Automatically Through Tracking Technologies About You

The Site is a commercial website, which means that it is intended for business-to-business use only and is not customer facing. That being said, like many commercial websites, this Site uses Google Analytics and also automatically collects and/or tracks certain information about your computer and computer usage including identifiers and internet or other similar network activities.

 

Similar to other commercial websites, our Site obtains this information automatically through the use of tracking data file technologies that we may place on your computer device. These data files may be cookies, pixel tags, Flash Cookies, Silverlight Cookies, web beacons, clear gifs, or other local storage provided by your browser or associated applications (“Cookies”). Some information collected may be Personal Information. We use Cookies and navigational data like Uniform Resource Locators (“URL”) to gather information regarding the date and time of your visit and the information for which you searched and viewed. In order to use the Site your web browser must accept Cookies. Cookies may be used by partners, advertisers, and ad servers to promote third-party products and/or services.

 

Information We Collect Directly From You

Again, the Site is a business-to-business website meant only for business-to-business use. While we are not consumer facing, based on your role with your company or employer, and in seeking to do business with us or otherwise to engage with us for our Services, you may provide us information about yourself, including your name, email, phone number, company or employer name, title, and other information as you fill out and submit our marketing webform via the Site. While this information may not necessarily qualify as “Personal Information” under the law, under some laws, it may. As such, we wanted to disclose to you that we do collect this information if you provide it to us via our marketing webform.

 

We will also collect your information, including the content of any communication and email address, that you send to us via email. Specifically, prospective commercial customers may provide contact information through our Site to find out more about NCH and to be contacted by a NCH representative. NCH (and its agents and service providers) may use this information to respond to your request, to send you marketing communications, and for business purposes such as marketing and research.

 

We will not rent or sell this information to other companies. You may opt out of receiving promotional emails from NCH by following the instructions in those emails as may be provided. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations. NCH will use any other information submitted on our Site for the purpose for which it was collected, including to respond to your inquiry.

 

2. How We Use Information We Collect

We may use the information we collect about you through our Site and Services to:

  • Provide you marketing and promotional materials and communications;
  • To respond to your inquiries about our offerings and to offer you other products, programs or services that we believe may be of interest to you;
  • For a statistical analysis of users’ behavior;
  • To provide you with the Services for which you have engaged us;
  • To fulfill your requests for our products, programs and services;
  • To ensure the functionality and security of our Site, including to prevent fraud and other prohibited or illegal activities;
  • To add to our databases and use for future calls, mailings, and other communications regarding Site updates, products, services or events;
  • To communicate with you about changes to this Policy, our Terms of Use, or any other applicable policy; and
  • To customize content and layout of the Site.
 

3. How We Disclose Your Information

NCH will NOT sell, rent or otherwise share the information you provide with anyone outside of NCH’s group of companies without your express permission and has not sold or otherwise disclosed your information for business purposes in the last 12 months. We may, however, disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena or in response to a law enforcement agency’s request or in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.

 

4. Additional Mobile Considerations

In addition to the other terms in this Privacy Policy, if you use or access our mobile-optimized websites, we may receive information about your mobile device, including a unique identifier for your device.

 

5. Social Media Plug-Ins

On certain pages of the Site we may implement so-called “social media” plug-ins, in particular LinkedIn “comment” / “thumbs up”, and Twitter’s “comment” / “retweet” / “♡”  buttons. When you visit a page that displays one or more of such buttons, your browser will establish a direct connection to the relevant social media server and load the button from there. At the same time the provider of the social media service will know that the relevant page on the Site has been visited.

 

We have no influence on the data that any such social media provider collects on the basis of the buttons. According to the available information, however, if you do not click on the respective buttons, none of your personal data will be collected and stored unless you have logged onto to your social media account. In that case, certain user data (including your IP address at the time) may be collected and linked to the account information already present at the social media service. If you wish to prevent this, please log out of your social media accounts before visiting our Site.

 

In addition, clicking a button may also lead to a collection of certain data, such as your IP address. Social media providers such as LinkedIn and Twitter may set cookies as well, unless you have disabled the acceptance and storage of cookies in your browser settings (see Your Choices, below).

 

We receive no information from social media providers about which social media buttons you may personally have clicked or seen on our Site. If at all, we may receive a summarized, non-personalized statistical report on the use of the buttons.

 

6. Your Choices
If you want to limit the information that is automatically collected while you use our Site, most Web browsers allow you to disable cookies. As noted above, we use Google Analytics. You may opt out of the use of cookies by Google Analytics here. If you choose to disable cookies, you may not be able to use or participate in some or all of the features offered through the Site.

 

7. No Collection of Personal Data from Children
NCH’s website is not intended for or marketed to persons under the age of 18. NCH does not collect or post information from children under the age of 18. By submitting any information to NCH, you are warranting that you are over the age of 18. If we learn that we have collected the personally identifiable information from any such children, we will take steps to delete the information as soon as possible.

 

8. Links to Other Websites

The Site may contain links to third-party websites. We are not responsible for the privacy practices or the contents of such other websites. Please read the privacy statements of each website you visit. This Privacy Policy applies solely to information collected by us through the Site. Any links to other websites are for your convenience and do not signify our endorsement of such websites or their contents.

 

9. California Privacy Rights Notice (the “Notice”)

This portion of the Privacy Policy applies solely to California Consumers (“consumers” or “you”). We have adopted this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  The purpose of this Notice is to provide you with a description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights you have regarding your personal information. As used in this Notice, any terms defined in the CCPA have the same meaning when used in this Notice.

 

Shine the Light

Pursuant to Section 1798.83-.84 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please contact us by emailing  [email protected] with “CA Shine the Light Request” in the subject line. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email.

California Consumer Privacy Act (“CCPA”)

 

Your Right to Know About the Personal Information We Collect About You

 

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The Sections above titled “Collection of Personal Information” and “How We Disclose Your Information” set forth the categories of personal information that we collect and process about you, a description of each category, the source of how we obtain each category, and that we do not disclose your information.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Your Rights and Choices

Under California Laws, California residents can exercise three privacy rights (Disclosure and Access; Deletion; and “Do Not Sell My Personal Information”) (collectively, “Rights”). Since we do not sell information, based on our understanding of the definition of “sell” in the CCPA, that right will not be discussed in any more detail. These Rights are not absolute and are subject to certain exceptions, including to the extent we receive the information from an employee (including an owner, director, officer, or contractor) of an organization solely within the context of the business conducting due diligence regarding, providing, or receiving products or services to or from the organization.

If you are a California consumer, we will process your request to exercise your Rights in accordance with California Laws.

A record concerning the requests may be maintained pursuant to our legal obligations. Further, we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive, or manifestly unfounded.

 

Disclosure and Access Requests

With respect to your right to know the categories of Personal Information we collected about you, under the CCPA we are permitted to refer you to our general practices outlined in this Privacy Policy, because our response would be the same for all consumers and this Privacy Policy discloses all the information that is otherwise required to be in a response to a request to know such categories. Specifically, in the prior 12 months, we have collected the following categories of Personal Information (“PI”):

 

Category of PISpecific InformationSourceBusiness Purpose
IdentifiersName, postal address, telephone number, email address, and/or other identifiers such as IP addressDirectly from you through our webform, and/or indirectly through your use of our Site or ServicesTo provide you with our Services and/or to improve our Site
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).Name, address, telephone number, and/or email addressDirectly from you through our webformTo provide you with our Services
Professional or Employment InformationYour company/employer and job titleDirectly from you through our webformTo provide you with our Services
Internet ActivityYour interactions with our SiteIndirectly from you, through your use of our SiteTo improve our Site

Specific Pieces of Information Request

  • The specific pieces of personal information we collected about you (also called a data portability request).
 

When a request for disclosure is made, we will first take steps to verify your identity to protect your privacy and security. For requests to disclose specific pieces of personal information collected, we will have the requestor provider at least three pieces of information so that we may verify the requestor’s identity to a reasonably high degree of certainty and additionally provide a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. We are required to retain the signed declarations as part of our record-keeping obligations for 24 months.

Please note that we will never disclose a consumer’s social security number, driver’s license number, or other government-issued identification number, financial account number, any health information or medical identification number, an account password, or security questions and answers in response to a disclosure request.

Please note additionally that we are only required to fulfill a Disclosure request from a consumer twice per every 12-month period. If you submit a request in excess, it may be denied or you may be charged for fulfilling your request.

 

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Given the type of personal information we collect, for requests to delete personal information collected, we will have the requestor provide at least two pieces of information so that we may verify the requestor’s identity to a reasonable degree of certainty. We are required to retain the requests to delete for a period of 12 months as part of our record-keeping obligations.

Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies. A deletion request may be denied, in full or in part, if retaining the information is necessary to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

 

Exercising Disclosure and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

 
 

Only you may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  We will deliver our written response electronically.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data disclosure requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

 

Household Requests

We currently do not collect household data. If all the members of a household make a Right to Know or Right to Delete request, we will respond as if the requests are individual requests.

 

 

Request Made Through Agents

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, verify the agent’s identity, and we may need you to verify your identity directly with us. (The verification requirement does not apply if the consumer has provided the authorized agent with legal power of attorney under California Probate Code Sections 400 to 4465.)

 

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
 

10. Security

NCH uses commercially reasonable technical, administrative, and physical safeguards to protect your information against loss or unauthorized access, use, modification, or deletion. However, no security program is 100% secure, and thus we cannot guarantee the absolute security of your information.

 

 

11. Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate feedback with your information. We will collect any information contained in such feedback and will treat your information in it in accordance with this Privacy Policy. You agree that any such comments and any email we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

 

 

12. Data Retention

We will retain your Personal Information only for as long as reasonably necessary for the purposes described in this Privacy Policy. Please be aware that we may also be required to retain your Personal Information for legal and accounting reasons.

 

 

13. Changes to This Privacy Policy

We may change this Privacy Policy from time to time. If we make changes, we will revise the Effective Date above and attempt to provide additional notice on our Site. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.

 

 

14. How to Contact Us

If you have any questions about this Privacy Policy, please contact us via email at:  [email protected].

Effective: March 18, 2017

Prior Update:  March 8, 2019