Personal Privacy Notice Letter
John Doe et al.
MyTown, USA 00000
Effective Wednesday the 25th of May 2022 at 04:16:21 PM GMT by IP:126.96.36.199
Part A - This document transmits to Sears Holdings Corporation
(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 SHALL be handled, processed, shared, disclosed and used
relative to the account information above. OUR requirements are as follows:
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 NOTICE containing certain
terms, definitions, procedures and noncompliance penalties.
Consistent with the foregoing, Sears Holdings Corporation
- We have selected Opt-Out
of as OUR permanent default
regarding the privacy of OUR personal identity information whereby
the disclosure, use and/or sharing of OUR personal identity information
with any third party person is not authorized or permitted.
- OUR personal identity information shall not be (a) resident
on any marketing related
lists, databases, studies, profiles, and the like; or (b)
exported outside of the
United States of America; or (c) made Internet
accessible; or (d) used for preacquired account marketing.
- OUR Social Security Account Number(s)
and/or Driver License Number(s)
shall not be used for any purpose and OUR telephony conversations
shall not be recorded.
- This Personal Privacy Notice
(NOTICE) is a perpetual
requirement and immediately represents a primary overlay
any other policy, procedure or assumption.
- All personal identity information furnished by US is conditional
upon compliance with this NOTICE.
- 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.
- Certain fees(s) will apply for violating the terms of this NOTICE.
- NOT disclose OUR personal identity information, including OUR
any third party person.
- Identify every third party`s name, address and telephone number related
to any Opt-In or disclosure
of OUR personal identity information.
B- The following identifies certain terms, procedures and
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
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.
components of personal identity information explicitly required
by law are excluded.
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
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
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
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.
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 in a Court of competent jurisdiction, or
by arbitration with mutual consent, 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.