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EU Safe Harbor Privacy Policy

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PossibleNOW respects individual privacy and strives to collect, use and disclose personal information in a manner that is compliant with the laws of the countries in which we do business. This Safe Harbor Privacy Policy sets forth the privacy principles that PossibleNOW follows with respect to transfers of personal information from the European Economic Area (EEA) (which includes the twenty-seven member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) and from Switzerland to the United States.

Safe Harbor:
The European Union's (EU) comprehensive privacy legislation, the Directive on Data Protection (95/46/EC, the "Directive") became effective in October 1998. The privacy legislation of Switzerland (Federal Act on Data Protection, FADP) became effective in June 1992. Both privacy laws require that transfers of personal information take place only to countries that provide an "adequate" level of privacy protection.

In order to bridge the differences in the approaches to privacy employed by the United States (US), the EU, and Switzerland, the US Department of Commerce has made separate agreements with the European Commission (June 2000) and the Federal Data Protection and Information Commission of Switzerland (December 2008) on a set of data protection principles and frequently asked questions (the "Safe Harbor Privacy Principles") to enable US companies to satisfy the requirement that adequate protection be given to personal information transferred from the EU or Switzerland to the US.

It is the policy of PossibleNOW to respect personal information that is collected or maintained by PossibleNOW or on behalf of our customers. In the furtherance of our commitment to personal privacy protection, PossibleNOW certifies and adheres to the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor as agreed to by the U.S. Department of Commerce.

Scope:
This policy applies to all personal information in any format including electronic, paper, or verbal, transferred from the EU or Switzerland to PossibleNOW. Information regarding Safe Harbor, as well as PossibleNOW's certification status, can be found at: http://www.export.gov/safeharbor/index.asp.

Definitions:
PossibleNOW means PossibleNOW, Inc., its predecessors, successors, subsidiaries, divisions and groups in the United States.

Personal Information means any information that identifies or describes an identified or identifiable living natural person. "Personal Information" may include, for example, name, telephone number, fax number, e-mail address, mailing addresses or any information that is capable of being associated with a particular identifiable individual. Personal information does not include aggregate data that have been divorced from identifiable characteristics or publicly available information that has not been combined with non-public personal information.

Sensitive Personal Information is a subset of Personal Information, and includes information pertaining to an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information related to an individual's health or sex life, as well as biometric identifiers, such as finger and voiceprints, and information as to commission or alleged commission of a criminal offense or any related proceedings.

Processor on Behalf of Customers is a scenario where PossibleNOW assists businesses in the management of data by providing customized technology services and privacy preference solutions. PossibleNOW may receive information transferred from the EU or Switzerland to the United States as a processor on behalf of our customer. PossibleNOW does not own or control the information we process on behalf of our customer. Information is owned and controlled by PossibleNOW's customer only.

Data Controller on Behalf of Customers is a scenario where PossibleNOW provides accurate data products designed to help marketers more successfully integrate and improve the accuracy of their customer information and reduce the operational costs of processing customer data. In this function, PossibleNOW acts as a data controller of the personal information contained in these information products. To the extent required by local law, PossibleNOW may act as the data controller with respect to personal information collected, processed and stored.

Privacy Principles:
Since the requirements for compliance vary depending on whether PossibleNOW is acting as a processor on behalf of customers or as a data controller on behalf of customers, PossibleNOW privacy principles are described below:
(1) PossibleNOW as a Processor on Behalf of Customers
When PossibleNOW acts as a processor on behalf of our customers, the policies outlined below apply to all data processing operations concerning personal information that have been transferred from the EU or Switzerland to the United States.
Processing Contracts: (Customer Owned Information)
In the course of providing PossibleNOW's services, our customers may upload data into our computer systems. This data may include consumer contact information including telephone numbers, fax numbers, e-mail addresses or mailing addresses which will be treated as confidential and used solely to provide services to our customers.

Before starting any data processing on behalf of our customer, PossibleNOW will enter into a processing contract with the data controller (our customer) responsible for the personal information pursuant to applicable law. The processing contract will ensure that the data controller (our customer) will be in compliance with the applicable data protection law.

Any data processed by PossibleNOW will not be disclosed to third parties except where permitted or required by the processing contract or applicable law. Any information PossibleNOW's customer (who is the data controller) identifies as sensitive personal information will be treated accordingly.

To the extent that access rights pertain to data that PossibleNOW does not own or have the right to disclose or modify, PossibleNOW will make reasonable efforts to identify and notify the relevant data owner of a consumers opt-out request. If a consumer wishes to exercise access rights concerning personal information provided to PossibleNOW via our customer, the consumer may contact PossibleNOW's Privacy Officer, Chris Hoover, via e-mail at privacy@possiblenow.com or calling toll-free (800)585-4888 or (770)255-1020.

The processing contract will also specify that the processing will be carried out with appropriate data security measures. PossibleNOW has security measures in place to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction.

(2) PossibleNOW as Data Controller
When PossibleNOW acts as a data controller of personal information, the policies outlined below apply to all personal information that has been transferred from the EU or Switzerland to the United States:

PossibleNOW may develop and maintain databases containing personal information on data subjects, households and businesses located throughout EU Member States or Switzerland. These databases are developed from public records, publicly available information, information acquired through information providers and information collected directly from data subjects.
PossibleNOW's databases contain information that is provided businesses for marketing and customer data integration purposes. The information contained in these databases may also be used to provide information services, to enhance the understanding a company has about its customers, to aid in accurate integration of a company's customer information, and be used as lists for direct marketing purposes.

As a data controller, PossibleNOW is required to comply with all principles of the EU and Swiss Safe Harbors.

Notice:
Prior to the transfer of any non-public personal information, PossibleNOW requires contractual confirmation from the EU or Swiss controller from whom PossibleNOW acquired the information that the personal data has been provided to PossibleNOW in accordance with all applicable laws, therefore ensuring that data subjects have been provided with proper notice regarding how their personal data will be used.

Where PossibleNOW collects personal information directly from individuals, it will inform them about the purposes for which it collects and uses personal information about them, the types of non–agent third parties to which PossibleNOW discloses that information, the choices and means, if any, PossibleNOW offers individuals for limiting the use and disclosure of personal information about them, and how to contact PossibleNOW. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to PossibleNOW, or as soon as practicable thereafter, and in any event before PossibleNOW uses or discloses the information for a purpose other than that for which it was originally collected.

Choice:
Prior to the transfer of any non-public personal information, PossibleNOW requires contractual confirmation from the EU or Swiss controller from whom PossibleNOW acquired the information that the personal data has been provided to PossibleNOW in accordance with all applicable laws, therefore ensuring that data subjects have been provided with proper choice regarding how their personal data will be used.

PossibleNOW will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, PossibleNOW will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. PossibleNOW will provide individuals with reasonable mechanisms to exercise their choices.

In addition to choice, PossibleNOW may remove an individual's name and related information from its direct marketing products. Consumers may opt-out by sending an e-mail to privacy@possiblenow.com or calling toll-free (800)585-4888 or
(770)255-1020.

To request an opt-out form by mail, write to:

PossibleNOW
Chris Hoover, Privacy Officer
4400 River Green Parkway, Suite 100
Duluth, GA 30096

Data Integrity:
PossibleNOW will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. PossibleNOW will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

Transfers to Agents:
PossibleNOW will apply the Notice and Choice privacy principles when disclosing personal information to any non-agent third party. PossibleNOW may use agents (third parties that perform tasks on behalf of and under the instructions of PossibleNOW) to process personal information. In these cases, PossibleNOW will only transfer personal information to the agent after obtaining assurances from the agent that they will safeguard personal information consistently with this safe harbor policy. This may include ascertaining that the agent has certified to the Safe Harbor Privacy Principles, is subject to the Directive for the EU or the FADP for Switzerland or another adequacy finding, or enters into a written agreement with the agent requiring that the agent provide at least the same level of privacy protection as required by the relevant Safe Harbor Privacy Principles. Where PossibleNOW has knowledge that an agent is processing personal information inconsistent with this policy, PossibleNOW will take reasonable steps to prevent or stop such processing.

Access and Correction:
Data subjects have reasonable access to their personal information, and may request corrections, deletions, or additions as appropriate.
An individual may request access to the information PossibleNOW maintains. The data subject has the right to learn whether or not data relating to him or her is found in PossibleNOW's products and to correct, amend or delete that information when it is inaccurate. This right applies only to personal information about the individual making the request and is subject to other limitations as defined by law.
PossibleNOW agrees to process all reasonable requests for access within a reasonable time period, but reserves the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to the individual's privacy or in the case of an unwarranted or fraudulent request.
Individuals can request access by writing or calling:

PossibleNOW
Chris Hoover, Privacy Officer
4400 River Green Parkway, Suite 100
Duluth, GA 30096
Phone: toll-free (800)585-4888 or (770)255-1020
(privacy@possiblenow.com)

PossibleNOW's Privacy Officer will explain the process for making an access request. In order to confirm the identity of the individual and have the necessary information to retrieve the individual's information, PossibleNOW provides a form which the individual fills out, signs and mails to PossibleNOW. The form must be accompanied by a $10 personal check. Filing a request in English will expedite the process.

Security:
PossibleNOW will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Enforcement:
PossibleNOW will conduct compliance audits of its relevant privacy practices to verify adherence to this Safe Harbor Policy. Any employee that PossibleNOW determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Dispute Resolution:
PossibleNOW is committed to resolving any disputes that may arise by internal investigation and resolution of the issue. Should PossibleNOW's efforts to resolve an issue be unsuccessful, PossibleNOW will facilitate the resolution of such disputes including through the submission of disputes to an independent party. Any questions, concerns or comments about this Safe Harbor Policy may be directed to PossibleNOW's Privacy Officer at the address below. PossibleNOW agrees to cooperate with the European and Swiss data protection authorities in the investigation and resolution of complaints to resolve disputes.

Contact Information:
Please contact us with any questions concerning this Safe Harbor Policy at:

PossibleNOW
Chris Hoover, Privacy Officer
4400 River Green Parkway, Suite 100
Duluth, GA 30096
Phone: toll-free (800)585-4888 or (770)255-1020
(privacy@possiblenow.com)

PossibleNOW has registered under the Direct Marketing Association's complaint resolution process. If consumers can't resolve a complaint after contacting PossibleNOW's Privacy Officer, they may file a written complaint with the Direct Marketing Association:

The Direct Marketing Association
Attn: Safe Harbor Program
1615 L St, NW Ste 1100
Washington, DC 20036-5624
Phone: (202) 955-5030
safeharbor@the-dma.org
http://www.dmaresponsibility.org/SafeHarbor/consumers.shtml

Limitation on Application of Principles:
Adherence by PossibleNOW to these Safe Harbor Principles may be limited to the extent necessary to meet PossibleNOW's regulatory, legal, governmental or national security obligations.

Changes to this Safe Harbor Privacy Policy:
PossibleNOW will review this policy to ensure that it provides the appropriate level of protection for personal information. This privacy policy may be amended consistent with the requirements of Safe Harbor. A notice will be posted on this web page for 90 days whenever this Safe Harbor Policy is changed in a material way.

Effective Date: March 1, 2010

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