Privacy Policy

1) Privacy Policy; User Acceptance. This Privacy Policy (this “Privacy Policy”) applies to information that D. P. Nicoli, Inc. (“DPN”) learns about or obtains from Users who visit DPN’s internet website (the “Website”) or DPN’s Extranet Site (the “Extranet”). (The Website and the Extranet shall be collectively referred to hereinafter as the “Site.”) This Privacy Policy does not apply to any other website, whether or not such other website is affiliated with or linked to this Site. A User’s use of the Site constitutes such User’s legally binding acceptance of and agreement to the terms and conditions of this Privacy Policy.

2) Important Defined Terms. “Content” means any and all text, graphics, logos, trademarks, trade names, service marks, slogans, domain names, audio, video, data compilations, tools, software, and any other material or information used on or in connection with the Site. “Developer” means Web NW, Inc., an Oregon corporation, a third-party service provider that developed the Site for DPN and provides ongoing Site-related services to DPN. “Hosting Service Provider” means Sterling Communications, Inc., an Oregon corporation, a third-party service provider that provides internet hosting services for the Site. “Law” or “Laws” means any applicable federal, state, local, or international law, regulation, or ordinance. “Personal Information” means a User’s personally identifiable information, including without limitation a User’s name, e-mail address, home or business address, and/or telephone number. “User” shall mean, with respect to the Extranet, a Customer and/or any Authorized Person (as defined in the Extranet’s Terms and Conditions of Use), and with respect to the Website, any person linking to the Website, or otherwise using or viewing Content therein. “Users” means all such persons. “User Information” means any and all information about a User that DPN obtains in any manner, including information that a User enters on the Site or provides to DPN in another manner (such as via e-mail), including Personal Information.

3) Information DPN Collects.

a) Information Users Provide. DPN receives, stores, and uses User Information for a variety of business purposes, including without limitation purposes such as responding to a User’s inquiry, communicating with Users, and improving DPN’s products and services. DPN may also use a User’s suggestions and comments in its advertising and other publicity, and Users hereby grant to DPN a perpetual, irrevocable, and royalty-free license to do so and to allow others to do so on DPN’s behalf. Users agree not to permit or prosecute any action or lawsuit on the ground that DPN’s use or alleged use of a User’s suggestion or comment infringes any proprietary or other rights of any kind or nature. Users may choose not to provide such information to DPN; however, Users who do not provide such information may be restricted from accessing or using certain portions of the Site.

b) Automated Information Collection; Cookies. DPN may automatically receive and store certain types of User Information through “cookies” (as defined below) whenever a User visits the Site. Cookies are used to facilitate a User’s use of the Site. DPN may, using cookies, collect a variety of User Information, including without limitation the name of the domain and host from which a User accesses the Internet, the IP address of a User’s computers, information about a User’s browser and operating system, the date and time a User accesses the Site, and the Internet address of the website from which a User links to the Site. A “cookie” is a small text file that the Site sends to a User’s computer to collect information about the User’s activity on the Site. Cookies automatically transmit information to the Site each time a User’s browser requests a page on the Site and the information is stored to help facilitate the User’s use of the Site upon future visits. Users may also receive cookies from advertisers on the Site sent by third-party servers or from third-party websites that Users link to from the Site. Many websites that include advertising send cookies as a standard practice. DPN does not control, and is not responsible for, cookies from any advertiser or third-party website. Users who do not want to receive cookies from the Site can set their browsers to not accept cookies; however, such Users may not be able to access or use certain portions of the Site.

4) How DPN Uses/Discloses User Information. DPN may, but is not obligated to, retain the content of any e-mails from Users and other information and data that Users may provide to DPN by other means, including Users’ e-mail addresses and other Personal Information. DPN may use User Information for a variety of business purposes, including without limitation the following purposes: To administer the Site and diagnose problems; To verify Users’ identity and respond to Users’ requests for information; To provide Users with information about the Site and DPN and DPN’s products and services; To provide sales and support of its products and services and those of its affiliates; To facilitate performance under the Extranet Terms and Conditions and any other agreement Users may enter into with DPN; To comply with applicable Laws or as required by a court or government agency; To measure the number of visitors to the Site and how the Site is used; As specifically provided in the Extranet Terms and Conditions and as Users may otherwise agree; and To protect or assert DPN’s rights.

User Information will not be intentionally used or disclosed by DPN to unaffiliated third parties, except: (a) at the User’s request or permission, (b) as required by a court or government agency, (c) to enforce these Terms, (d) to respond to any claim by a User or a third party, or (e) to protect or assert DPN’s rights. Notwithstanding the foregoing, DPN may share User Information with DPN’s affiliates and with unaffiliated third parties who perform Site administration services and other similar functions for DPN, including without limitation the Developer and the Hosting Service Provider. In addition, in the event DPN transfers some or all of its assets to another entity, or is acquired by a third party, User Information may be one of the transferred assets. In such instance, the User Information should remain subject to existing privacy terms and applicable privacy Laws.

DPN may respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to Users. Unless prohibited by law or by a court order, DPN will notify Users of any subpoena received from any other party (i.e., for civil litigation), which requires DPN to disclose a User’s identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.

5) Personal Information. Personal Information collected and transferred to back-up or archival storage may be retained indefinitely by DPN, unless a User requests that DPN delete or modify any Personal Information contained in DPN’s records. A User with such a request should contact DPN (as provided below) and describe with reasonable particularity any such Personal Information to be so deleted or modified. DPN reserves the right to verify the identity of any person making a request to modify or delete Personal Information. DPN shall have no liability for compliance with any false or erroneous request or for any failure to fully comply with a valid request. DPN may also retain information regarding transactions as necessary for DPN’s business records, and as required under applicable Law.

6) Links. The Site may include information and/or links to third-party websites, and third-party websites may link to the Site. DPN has no control over, and no liability for, any such third-party websites, or for any Content, products, or services offered by or accessed through such third-party websites. Users accessing third-party sites linked through the Site, do so at their own risk. Users agree that DPN shall have no responsibility for any content, advertising, products or other material accessed through such links, or the accuracy or reliability of any information, data, or opinions accessed through links on the Site, or any liability, direct or indirect, for any damage or loss incurred by Users in connection with such websites or resources accessed through links on the Site. No endorsement of any products, services, or information of any third party is expressed or implied by any information, material, or Content referred to or included on, or linked from or to the Site. Users should review the privacy policies of other sites carefully before providing any information to such sites. DPN is not responsible for the privacy policies or procedures or the content of any other site.

7) Security. The Site has reasonable security measures in place to protect against the loss, misuse, or alteration of information under DPN’s control. DPN relies on the security measures provided by certain third parties, including without limitation the Developer and the Hosting Service Provider. Although DPN believes these measures are adequate to prevent unauthorized access to private information under normal circumstances, it may be possible for information to be retrieved from the Site by hackers or criminals, in ways beyond the control of DPN. DPN cannot ensure, and does not warrant, the security of any information. Users should use the Site at their own risk. Users hereby waive all claims against DPN for any breach of the Site’s security measures and any unauthorized access to or use of private information by hackers or criminals, in ways beyond the control of DPN, the Developer, or the Hosting Service Provider. Users also agree that, to the extent required by Law, DPN may use Users’ Personal Information in order to notify Users of any unauthorized access to their Personal Information of which DPN become aware. Users must observe all security features on the Site and shall not disable or bypass any security devices.

8) Conditions of Use. Users’ access and use of the Site is subject to this Privacy Policy and the laws of the State of Oregon. Users shall not use the Site to gain unauthorized access to DPN’s computers, to the Hosting Service Provider’s computers, or to other computer networks; for malicious or destructive purposes (such as the development or transmission or computer viruses); or to publish, access, or transmit obscene or pornographic material.

9) COPPA Compliance. The Site is not directed at children, and DPN will not knowingly collect any personal information from any person under age 13. DPN complies with the Children’s Online Privacy Protection Act and does not knowingly permit submission of Personal Information by anyone under 13 years of age. Only persons over age 13 are allowed to use the Site.

10) Modification. DPN may modify the provisions of this Privacy Policy at any time, from time to time, in its sole discretion, or as otherwise required by applicable Law. DPN will attempt to provide advance notice by posting such modifications to the Site at least thirty (30) days prior to implementation, or a shorter period as required by applicable Law and/or business conditions. Users should check this Privacy Policy frequently for any such modifications. A User’s continued access or use of the Site will constitute acceptance of any and all such modifications. DPN’s use of User Information gathered or obtained at any time is subject to the Privacy Policy in effect at the time of such use.

11) Contacting DPN. If Users have questions about this Privacy Policy or any other questions concerning the Site, please contact:

IT Department D.P. Nicoli, Inc. 19600 SW Cipole Road Tualatin, Oregon 97062