Effective as of October 10, 2020

 

This Privacy Policies Statement (“Statement") details our privacy practices for the activities described herein.  Please review this Statement carefully to learn how we may collect, use, share, and otherwise process information relating to an individuals’ personal data (“Personal Data”), and to learn about your rights and choices regarding your Personal Data.

 

“National Data Systems,” “NDS”, “we,” “us” or the “Company” refers to ndssite.com, and its relevant affiliates that may be involved in the collection, use, sharing, or processing of Personal Data. 

 

1.         National Data Systems LLC is Responsible Entity

 

National Data Systems LLC is the controller of your Personal Data as described in this Statement.  However, this Statement does not apply to the extent NDS processes Personal Data in the role of a processor or service provider on behalf of its customers, including where NDS offers its customers cloud-based services through which they (or their affiliates): (i) create their own applications running on NDS’ platform; (ii) sell or offer their own services and; (iii) transmit electronic communications to third parties; or (iv) otherwise collect, use, share or process Personal Data via our cloud-based products and services.  For detailed privacy information related to any National Data Systems’ customer or a customer affiliate who uses the NDS cloud-based services, please contact that customer directly.  NDS is not responsible for the privacy or data security practices of its customers, which may differ from those explained in this Statement.

 

2.         The Purposes for which NDS collects and processes Personal Data

 

NDS collects and processes your Personal Data for the following purposes, and where required by law we obtain your consent to use and process your Personal Data for these purposes. Otherwise, we rely on another authorized legal basis (including but not limited to the (a) performance of a contract or (b) legitimate interest) to collect and process your Personal Data.

 

• Use of our website and services: NDS processes your Personal Data to perform its contract with you for the use of our website and services and to fulfill our obligations under the applicable terms of use and service; if we have not entered into a contract directly with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our website and to provide you with content you access and request (e.g., to download content from our website);

• Promoting the security of our websites and services: We process your Personal Data by tracking use of our websites and services, investigating suspicious activity, verifying accounts and enforcing our terms and policies as necessary for our legitimate interest in promoting the safety and security of our services, systems and applications, in protecting our rights and the rights of others;

• Providing necessary functionality: We process your Personal Data to perform our contract with you for the use of our websites and services; if we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to provide you with the necessary functionality required for your use of our websites and services;

• Handling contact and user support requests: If you fill out a “Contact Me” web form or request user support, or if you contact us by other means including via a phone call, we process your Personal Data to perform our contract with you and to the extent it is necessary for our legitimate interest in fulfilling your requests to communicate with you;

• Managing payments: If you have provided financial information to us, we process your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you;

• Reviewing compliance with applicable usage terms: We process your Personal Data to review compliance with the applicable usage terms in our customer’s contract to the extent that it is in our legitimate interest to ensure adherence to the relevant terms;

• Assessing capacity requirements: We process your Personal Data to assess the capacity requirements of our services the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering;

• Identifying customer opportunities: We process your Personal Data to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users’ experiences;

• Complying with legal obligations: We process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, respond to lawful requests, or for auditing purposes.

 

If we need to collect and process Personal Data by law, or under a contract we have entered into with you, and you fail to provide the required Personal Data when requested, we may not be able to perform our contract with you.

 

3.         Personal Data Collection Activities Covered

 

This Statement applies to the processing of Personal Data collected by NDS when you:

 

• Visit any NDS’ website that displays this Statement or links to it;

• Receive any contact from NDS, whether by email, phone call, text or fax;

• Use NDS’ cloud-based services as an authorized user where we may act as a controller of your Personal Data;

 

4.         What Personal Data does NDS Collect Directly From You?

 

The Personal Data we may collect from you includes personal identifiers, employment-related information, financial account information, commercial information, and internet activity information in the following possible situations:

 

• If you use and interact with our services, we automatically collect information about your device and your usage of our services through log files and other technologies, which may be considered as Personal Data, and;

• If you interact with our website and/or email, we automatically collect information about your device and your usage of our website or email, such as Internet Protocol (IP) addresses or other identifiers, which may be considered as Personal Data using cookies or similar technologies, and;

• If you submit information to our services, we collect the information you have provided as part of that submission, and;

• If you contact us about obtaining additional information about our services; if you request customer support; if you use our “Contact Us” or similar features; or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address or username and password; If you use and interact with our services, we automatically collect information about your device and your usage of our services through log files and other technologies, which may be considered as Personal Data.

 

Where you provide NDS with any Personal Data relating to third parties other than yourself, you represent that you have the actual legal authority to do so, and if necessary where required have obtained that appropriate consent. You further acknowledge that such third-party Personal Data may be used in accordance with this Statement. If you believe that your Personal Data has been provided to us improperly, or want to exercise your rights relating to your Personal Data, please contact us directly.

 

5.         What Personal Data does NDS collect from other sources?

 

NDS may collect information about you from other sources including third parties from whom we purchase Personal Data and from publicly available information.  We may combine this information with Personal Data provided by you. This helps us identify new customers and create more appropriate advertising to provide services that may be of interest to you. The Personal Data we collect from other sources may include identifiers, employment-related information, education information, commercial information, internet activity information, and other information regarding preferences and behaviors.

 

6.         What device and usage data does NDS process?

 

NDS uses common information-gathering tools for collecting usage data, cookies, web beacons, and similar technologies to automatically collect information that may contain Personal Data as you navigate our website, our service, or interact with emails we have sent to you.  This information is sometimes gathered automatically when individual users visit our websites which may include identifiers, commercial information, and internet activity information such as IP address (or proxy server information), device and application information, identification numbers and features, location, browser type, plug-ins, integrations, Internet service provider and/or mobile carrier. 

 

In addition, we collect information automatically as part of your use of our cloud-based services, which includes identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application identification numbers, location, browser type, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, operating system and system configuration information and date and time stamps associated with your usage. Some of the device and usage data collected by the services, whether alone or in conjunction with other data, could be personally identifying to you. This device and usage data is used primarily to identify the uniqueness of each user logging on apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the services to our customers.

 

All of this information is used to analyze overall trends, help us provide and improve our website, offer a tailored experience for website users, and for the security of National Data Systems generally.

 

7.         Cookies and Similar Trackers

 

NDS uses technologies such as web beacons, pixels, tags, and JavaScript, alone or in conjunction with cookies, to gather information about the use of our website and how people interact with our emails.  When you visit our website we may place a cookie on your device that collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track use and improve and customize your browsing experience.

 

We also may use both session-based and persistent cookies on our websites. Session-based cookies exist only during a single session and disappear from your device when you close your browser or turn off the device. Persistent cookies remain on your device after you close your browser or turn your device off.   

 

National Data Systems may use HTML5 local storage or Flash cookies for the above-mentioned purposes. These technologies differ from browser cookies in the amount and type of data they store, and how they store it.

 

Advertising cookies track activity across websites in order to understand a viewer’s interests, and to direct marketing to them.   We sometimes use cookies delivered by us or by third parties to show you ads for our products that we think may interest you on devices you use and to track the performance of our advertisements. For example, these cookies collect information such as which browser you used when visiting our websites.

 

8.         Who do we potentially share Your Personal Data with?

 

We may share your Personal Data as follows:

 

• With Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

• With Service Providers: With our contracted service providers, who provide services such as IT and system administration and hosting, research and analytics, credit reporting, marketing, customer support and data enrichment for the purposes and pursuant to the legal bases described above, and;

• With Customers With Whom You Are Affiliated: If you use our services as an authorized user, we may share your Personal Data with your affiliated customer responsible for your access to the services to the extent this is necessary for verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies; and

 

NDS may also share anonymous or de-identified usage data with National Data Systems’ service providers for the purpose of helping National Data Systems in such analysis and improvements.

 

9.         How long does NDS retain Your Personal Data?

 

NDS may retain your Personal Data for a period of time consistent with the original purpose of collection or as long as required to fulfill our legal obligations.   After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will implement appropriate measures to prevent any further use of such data.

 

10.       Your rights relating to your Personal Data

 

You may have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws these rights may include the right to:

 

• Access your Personal Data held by us;

• Know more about how we process your Personal Data;

• Rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete;

• Erase or delete your Personal Data (also referred to as the right to be forgotten), to the extent permitted by applicable data protection laws;

• Restrict our processing of your Personal Data, to the extent permitted by law;

• Transfer your Personal Data to another party, to the extent possible (right to data portability);

• Object to any processing of your Personal Data. Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;

• Opt-out of certain disclosures of your Personal Data to third parties;

• If you’re under the age of 16, opt-in to certain disclosures of your Personal Data to third parties;

• Not be discriminated against for exercising your rights described above;

• Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated Decision-Making currently does not take place on our websites or in our services; and

• Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal.

 

11.       How to exercise your rights

 

To exercise your rights, please contact us by using the information in the “Contacting us” section, below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee of a National Data Systems customer, we recommend you contact your employer’s system administrator for assistance in correcting or updating your information.

 

Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.

 

To update your billing information, discontinue your account or request return or deletion of your Personal Data and other information associated with your account, please contact us by using the information in the “Contacting us” section, below.

 

12.       Your rights relating to Customer Data

 

NDS may also process Personal Data submitted by or for a customer to our cloud-based products and services. To this end we process such Personal Data as a processor on behalf of our customer (and its affiliates) who is the controller of the Personal Data (see the “Responsible National Data Systems entity” section above). We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those explained in this Statement. If your data has been submitted to us by or on behalf of a National Data Systems customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly. Because we may only access a customer’s data upon their instructions, if you wish to make your request directly to us, please provide us the name of the National Data Systems customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.

 

13.       Your preferences for email and SMS marketing communications

 

If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from National Data Systems by clicking on the “unsubscribe” link located on the bottom of National Data Systems marketing emails, by replying or texting ‘STOP’ if you receive National Data Systems SMS communications. Please note that, notwithstanding the above, you will continue to receive marketing and non-transactional communications from us unless you manage your receipt of such communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails, replying or texting ‘STOP’ to our SMS communications.

 

Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us.

 

14.       Your preferences for telemarketing communications

 

If you want your phone number to be added to our internal Do-Not-Call telemarketing register, please contact us by using the information in the “Contacting us” section, below. Please include your first name, last name, company and the phone number you wish to add to our Do-Not-Call register.

 

Alternatively, you can always let us know during a telemarketing call that you do not want to be called again for marketing purposes.

 

15.       How we secure your Personal Data

 

We take appropriate precautions including organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we process or use.

 

While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us by using the information in the “Contacting us” section, below.

 

16.       Changes to this Statement

 

We will update this Statement from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. If we do, we will update the “effective date” at the top. If we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you directly, or where required under applicable law and feasible, seek your consent to these changes.

 

We encourage you to periodically review this Statement to stay informed about our collection, processing and sharing of your Personal Data.

 

17.       Contacting us

 

To exercise your rights regarding your Personal Data, or if you have questions regarding this Statement or our privacy practices please fill out this form, call us at (714) 495-5815, email us at stosborn@nationaldatasys.com, or write to us at: National Data Systems , 15941 Redhill Avenue, Suite 205, Tustin, CA 92780.

 

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy.

 

18.       California Residents’ Disclosure

 

The California Consumer Privacy Act requires businesses to disclose whether they sell Personal Data. As a business covered by the CCPA, we do not sell Personal Data. We may share Personal Data with third parties or allow them to collect Personal Data from our sites or Services if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data, or if you use National Data Systems sites or Services to interact with third parties or direct us to disclose your Personal Data to third parties.

 

California law requires that we detail the categories of Personal Data that we share or disclose for certain “business purposes,” such as disclosures to service providers that assist us with securing our services or marketing our products. We disclose the following categories of Personal Data for our business purposes:

 

• Identifiers;

• Commercial information;

• Internet activity information;

• Financial information; 

• Professional and employment-related information;

• Education information; and

• Inferences drawn from any of the above information categories.

 

California law grants state residents certain rights, including the rights to access specific types of Personal Data, to learn how we process Personal Data, to request deletion of Personal Data, and not to be denied goods or services for exercising these rights.   If you are a California resident under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our website(s). Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user.

 

For information on how to exercise your rights, please refer to Section 11 of this Privacy Statement. If you are an authorized agent wishing to exercise rights on behalf of a California resident, please contact us using the information in the “Contacting Us” section above and provide us with a copy of the consumer’s written authorization designating you as their agent. We may need to verify your identity and place of residence before completing your rights request.

​