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Personal Privacy Notice Letters of Name et al.
Mailing Address: Post Office Box 0000, Anytown, USA 00000
Your Name and Spouse at Address City State Zip
Effective Saturday the 17th of May 2008 at 02:42:10 PM GMT by IP:38.103.63.18 |
Part A - This document transmits to Your Company
(YOU, includes every executive, officer & board member and any affiliates,
successors & assigns) OUR (or WE or US, singular or
plural, including all of US residing at the above address) instructions
with regard to the various ways OUR personal identity information
is to be handled, processed, shared, disclosed and used
relative to the account information above, to wit:
- This Personal Privacy Notice asserts all rights granted under the
law to Opt-Out of any
disclosure, use or sharing of OUR personal identity information
.
- Your Company is NOT authorized or permitted
to handle or disclose OUR Social Security
Account Number(s) or Driver
License Number(s) for any purpose.
- Your Company is NOT authorized or permitted
to disclose OUR personal identity information
or creditworthiness
to any third party person without OUR express written consent identifying
said third party`s name, address and telephone number.
- OUR personal identity information shall not be (a) made Internet
accessible; or (b) exported
outside of the
United States of America; or (c) resident on any marketing
related lists, databases, studies, profiles, and the like.
- None of OUR telephony conversations
shall be recorded.
- All information furnished by US is conditional upon compliance with
this Personal Privacy Notice.
- This Personal Privacy Notice is perpetual
and immediately represents a primary overlay contract
preempting any other policy, procedure or assumption inconsistent with
such.
- Notification shall
be transmitted forthwith to US whenever OUR personal identity information
is disclosed to any third party person by providing US in writing with:
the material and substantive reason for such disclosure and
said third party`s name, address and telephone number.
- All confidential and other written communications
shall be sent to US in a plain envelope or package bearing only OUR
name(s) and address and may contain Your Company`s
name, return address, logo, trademark and the like.
- Certain fees(s) will apply for violating the terms of this Personal
Privacy Notice.
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Thank you for respecting
OUR privacy rights set forth herein and implementing
the personal identity information handling choices WE have made. The
following Parts B, C and D
are integral parts of this Personal Privacy Notice (NOTICE) containing certain
terms, definitions, procedures and noncompliance penalties. |
Part
B- The following identifies certain terms, procedures and
penalties:
Basis: A "best
practice" approach to protect one's personal identity from unauthorized
use is to restrict the handling of component personal identity information
to absolute minimum requirements. Accordingly, WE have established reasonable
and prudent requirements to minimize the risk of OUR personal identity and
concomitant personal identity information falling into the hands of
unauthorized persons.
Effective Date: The
service of process date is when this NOTICE takes effect. Such notice immediately
revokes any authorization, permission, representation, or the like, inconsistent
with this NOTICE and an implied consent contract is duly executed between
said persons and US requiring immediate compliance with this NOTICE if a
person after such notice processes a transaction which handles OUR personal identity information.
In the case of conflicts with any other agreements or policies, this NOTICE
shall govern and shall be applied in every such instance as a permanent
primary overlay contract.
Exclusions: Handling
components of personal identity information explicitly required
by law are excluded.
Waivers: Waivers
may be granted by US where the need arises to affect another agreement of
mutual benefit to all parties. However, no such waiver shall take effect
unless expressly granted in writing including specific reference this Personal
Privacy Notice (i.e., part, paragraph title and sentence).
Penalties and Fees: Any
person who violates this NOTICE is immediately subject to an Unauthorized
Use Fee (UUF) of $39.00 for each unauthorized activity per day and/or an
Unauthorized Handling Fee (UHF) of $39.00 per individual data item of personal identity information
handled without authorization per day. Any collateral damages and costs
to resolve such unauthorized handling will also accrue. All unpaid balances
older than 30 days will be subject to interest bearing an annual percentage
rate of 29.5%. Such fees shall not require billing to accrue and shall remain
as obligations to pay without any limitation.
Authentication of Information: No
person shall assume, imply, conclude, deduct, presume, attest, represent
or the like, that any personal identity information attributable to
US (or such collection of information appearing to form OUR the personal
identity) is authentic unless such has specifically and expressly been confirmed
in writing on paper and under OUR signature(s) including the date such was
affirmed. Use or disclosure of said unauthenticated information by any person
constitutes negligence.
Unsolicited Materials: If
WE receive any unsolicited materials, WE shall be immune from any claim
liability or damages whatsoever whether in an action of contract, negligence
or other tortuous action, arising out of, or in connection with, the use
or misuse of said materials. No unsolicited contract or agreement received
shall take effect without OUR express authorization and signature upon such
instrument. |
Part
C- The following identifies certain definitions:
Personal Identity: "Personal identity"
is a set of personal information that is, appears to be, is represented
as, or attempts to create a unique identity in a set of personal identities. A
personal identity is typically a person`s name and one or more components
of personal identity information.
Personal Identity Information: "personal identity information"
(singular or plural or parts thereof) referred herein includes
any non-public personal information and any personally identifiable information capable of creating a Personal Identity typically including key authentication, validation, biometric, demographic, historical and/or logistical information such as: social security number (SSN), Social Security Account Number (SSAN), social security identification number (SSIN), Tax Identification Number (TIN), Employer Identification Number (EIN), Date of Birth (DOB), maiden name, Driver`s License Number (DLN), Personal Identification Number (PIN), Internet Protocol (IP) address, logon ID, password, key-phrase, credit/debit card account number, credit card expiration date, Credit Card Verification (CCV) code, mailing/physical address, birthplace, phone number, age, photograph, gender, race/color, religion, marital status, number/name(s) of dependent(s) and health/employment information.
Person: A "person" referred to herein
includes
YOU and any other person, which broadly includes any individual or entity ( examples include an: affiliate, agency, assign, association, company, computer database, contractor, consultant, cooperative, corporation, fiduciary, governmental body, member, manager, official, organization, partnership, repository, professional, successor, etc. ), singular or plural, employee or not, citizen or not, compensated or not, for profit or not, identified or not, formally or informally organized or unorganized, legally existing or not.
Third Party Person: A "third party person"
referred to herein is any non-employee person of a person, where an "employee"
is defined by the Internal Revenue Service [see: Title 26 of the U.S. Code].
Handle, Share, Disclose, Use: referred to herein
denotes the function of handling or using personal identity information
using any tense or synonym, singular or plural, by any means (physical,
oral, optical, electronic, visual, graphical) including terms such as copy,
retain, post, transmit or replicate; and including any manipulation by abbreviation,
algorithm, renaming, combining, encoding, parsing, hashing, and the like. |
Part
D- The following identifies certain related legal matters:
Security: All personal identity information
handlers must be indemnified to protect and secure OUR personal identity information,
and every such individual person assumes full responsibility for any damages,
both corporately and personally, for any breach of security, and such events
shall be reported to US within 24 hours of such event in writing.
Standing and Protection From Adverse Events: The
basis of this NOTICE is that every person has a constitutional right to
own and control their property, to due process of law, to equal protection
under the law, and to be secure in their person, houses, papers, and effects
against unreasonable searches and seizures; and personal identity and concomitant
personal identity information is exclusively owned by the persons
to which they relate; and such personal identity information is a property asset which may
not be taken from any person or appropriated by another person without the
written permission and authorization by US, especially for any commercial
purpose, financial gain, offset, barter, trade, consideration and the like;
and every person has a legal right and expectation to be protected from
theft, defamation, fraud, larceny, extortion, stalking, unlawful enrichment,
conspiracy, privacy invasion and the like.
Governing Law: This NOTICE is governed by Common
Law; the United States Constitution and federal law; and the state constitution
and state law of the state in which WE legally reside.
Exceptions: Any person who receives notice,
and claims an exception to this NOTICE, must immediately notify US in writing
prior to handling OUR personal identity information and provide US
with an exhaustive legal defense for such claim with specific reference
to such affected Part, paragraph title and sentence of this NOTICE; failure
to provide said claim constitutes prima facie and unconditional agreement
with this NOTICE, and such inaction bars such claim from any future consideration
as a defense. In every case, such claim will be subject to the Part B, Waivers provision herein.
Legal Remedies: Unless a waiver is otherwise
granted in writing by US after notice is served, any breach of this NOTICE
will be subject to prosecution to the full extent of the law, including
the full cost of such cause of action and the recovery of all damages, time
reimbursements, monies due and legal expenses. Adjudication of disputes
shall be decided on a preponderance of evidence standard.
Service of Process: Receiving, or accessing
via the Internet, this document constitutes legal notice.
Severability: If any part of this NOTICE is
found to be invalid, the rest of this NOTICE shall remain valid and enforceable. |
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