NESADTM PRIVACY POLICY
Effective Date: November 1, 2016
The National Environmental Site Assessment Depository, Inc. (“NESADTM”, “we”, “us,” or “our”) operates a cyber secured, searchable, national reference depository-archive of environmental, structural, and related physical due diligence documents established to support the commercial real estate mortgage lending, brokering, loan origination, and insurance industries with their environmental and structural due diligence and real estate asset evaluation objectives. The depository-archive is accessed on the internet at www.nesad.us (“Website”). The NESADTM Privacy Policy and the NESADTM Terms of Service (presented on NESADTM homepage) forms an agreement between you and NESADTM for your use of NESAD Map SearchTM and the depository’s others services as described herein. Collection of your corporate and/or personal information and data is governed by the NESADTM Privacy Policy in effect at the time the information is collected or processed. This Privacy Policy maybe changed at any time and without notice to you by updating this NESADTM Privacy Policy page.
The following section topics are provided herein the NESADTM Privacy Policy:
1.0 SCOPE OF NESADTM PRIVACY POLICY
2.0 INFORMATION NESADTM RECEIVES AND COLLECTS
3.0 HOW NESADTM USES AND SHARES YOUR PERSONAL INFORMATION
4.0 HOW NESADTM PROTECTS AND RETAINS YOUR INFORMATION
5.0 HOW TO CONTROL AND PROTECT YOUR NESADTM INFORMATION
6.0 HOW TO CONTACT NESADTM
1.0 SCOPE OF NESADTM PRIVACY POLICY
The NESADTM Privacy Policy discloses the privacy and data collection practices associated with the Website and Services, including any data collected by NESADTM and/or submitted by you and/or your representative both via the Website or via ancillary means of communication such as email for the purpose of receiving or providing the Services, and how NESADTM shares personal information and data with its vendors and affiliates (“Service Providers”). We use the term “Services” to mean the Website and all services offered through the Website, including services that you may access through a subscription agreement with the NESADTM depository-archive.
The NESADTM Privacy Policy covers the personal information and data we and our Service Providers collect from visitors to the Website as well as from subscribers to NESAD’s Map SearchTM service or other Services. The terms “you” and “your” may refer to: an individual user of the Website and Services, including our customers’ representatives, or to a corporation or other entity on whose behalf an individual employee or agent accesses or uses the Website and Services.
The NESADTM Privacy Policy is provided under state and federal laws of the United States of America. Your home jurisdiction may have privacy laws that are more or less protective than the laws applicable to the Website and Services. By continuing to use the Services or this Website or by sharing information with us, you expressly consent to the collection and use of your personal information as disclosed in the NESADTM Privacy Policy. Please note that the NESADTM Privacy Policy applies only to information collected via the Services and this Website, and not to information collected and/or used by third party websites, our Service Providers, or other third parties to which the Services or Website may link.
2.0 INFORMATION NESADTM RECEIVES AND COLLECTS
2.1 Subscription Services
To use certain aspects of the NESADTM Website and Services, you may be required to subscribe, submit personally identifiable information and/or allow us or our Service Providers to collect data that helps us identify you (collectively, “PII”). You may choose not to provide such PII to us by not subscribing. If you do subscribe, we may collect or process the following PII:
• First and Last Name
• Company Name
• Your Title Within Your Company
• Corporate Address
• Corporate Email Address
• Corporate Telephone Number(s)
• Corporate Facsimile Number(s)
• Corporate Website Address
• Corporate Logo
• Credit Card or Bank Account and Routing Information
• Billing Address
• Website Password
NESADTM may also collect or process the following non-personally identifiable information (“non-PII”) when you subscribe:
• additional information that you choose to provide to NESADTM, such as information about your relevant professional experience, the types of documents that you plan to provide to NESADTM, information submitted through the Website’s “Contact Us” feature, or other submitted comments.
2.2 Use of the Website and Services
Whether or not you subscribe, in order to access certain aspects of the Website or Services and/or to contact us through the Website, you may be required to submit PII and/or allow us or our Service Providers to collect PII or non-PII that helps us identify you and/or respond to your service requests. PII that we or our Service Providers may collect from you could include:
• IP Address
• Unique Device ID (DID)
• Type of Browser
• Operating System
• Device Type
• Mobile Application Data
• Desktop Application Data
• Domain Name or Application Name of Referring Website
• Date and Time of Access
• Your Activities on the Website
• Your Activities on the Services
• Your Activities on other Websites You Visit
• Your Responses to Email
• Your Responses to Targeted Advertisements
As part of NESADTM‘s Services, NESADTM Service Providers may log page views and collect anonymous information about your activities and interactions on the NESADTM Website and/or in mobile apps for the purpose of providing our Services. Like most websites, NESADTM collects such anonymous information about you using small computer files that are stored on your computer or device, which may include log files, cookies, java script, tags and other technologies that track your activities online, etc., such as persistent identifiers, web pixels, pixel tags, flash cookies, userdata files, locally shared objects (LSO’s) or clear gifs (collectively, “Cookies”).
Most browsers are automatically set to accept Cookies when you visit a website. You can disable Cookies in your browser or set your browser to alert you when Cookies are set. However, some functions on the Website may not function properly if Cookies are disabled. To learn more about cookies, visit www.allaboutcookies.org/cookies/.
To learn how to opt-out of Cookies, visit www.networkadvertising.org/managing/opt_out.asp.
If, through your use of the NESADTM Website, NESADTM Services or otherwise, you are directed to the website of a third party, including one of our Service Providers, your visit to the website of that third party and/or that third party’s placement of Cookies on your computer will be covered by the privacy policies of that third party, and not by the NESADTM Privacy Policy.
2.3 Canadian and European Union Users
NESADTM does not knowingly provide Services to, or collect PII or any other information from, Canadian or European Union users. If you are from Canada or the European Union, do not provide NESADTM with PII. If NESADTM becomes aware that we collected PII from a user from Canada or the European Union, NESADTM will make reasonable and good faith efforts to delete that information from our records.
2.4 Children’s Privacy – Age Limitation
NESADTM‘s Services are not directed to persons under the age of 14. We do not knowingly collect personal information or data from persons under the age of 14. If we become aware that we have collected personal information from a person under the age of 14, we will make reasonable efforts to delete that information from our records.
3.0 HOW NESADTM USES AND SHARES YOUR PERSONAL INFORMATION
NESADTM uses your PII and other data that you submit or allow NESADTM to collect from you, to:
• Set Up and Administer Your NESADTM Subscription
• Provide Information about Products and Services
• Provide Products and Services
• Communicate About Your Use of the NESADTM Website, Products and Services
• Improve the Website and Services
• Enforce the NESADTM Terms of Service Or To Protect NESADTM‘s Legal Rights
• For Any Other Purpose for Which You Provide Consent
3.1 California “No Not Track” Disclosures
NESADTM does not override your browser or device privacy settings and/or Do-Not-Track signals or other mechanisms that allow you to opt-out from the collection of PII and data over time and across third-party websites or online services without your consent.
NESADTM does not authorize third parties to collect PII or override your browser or device privacy settings without your consent.
The use of Do-Not-Track signals or other opt-out mechanisms may cause some functionalities of the NESADTM Website or Services to not function properly or to be inaccessible.
3.2 Email Communications and Promotional Offers
If you become a NESADTM subscriber, NESADTM may use your PII to send email or other communications to you that relate to administration of your account, your use of the NESADTM Website and Services, and promotional materials about products and services. If you decide at any time that you no longer wish to receive email or communications from NESADTM, please follow the “unsubscribe” instructions provided in any of the communications or contact us at contact@nesad.us.
3.3 Third-Party Contractors
NESADTM may share your information with third-party contractors and Service Providers who support the NESADTM Services and Website by providing services to us or on our behalf, such as research companies, vendors, administrative service providers, technology providers, and selected partners for data validation, aggregation, enhancement, verification and suppression purposes, and for research, marketing, advertising, and data aggregation purposes. These third-party contractors will only have access to the information needed to perform these limited functions on our behalf and are required, to the extent practicable, to provide your information with at least the same level of protection and security as we use for the Website and Services. NESADTM also may share information with advertisers, publishers and other third parties for marketing and advertising purposes.
3.4 Companies that Acquire Our Business or Assets
If NESADTM becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, NESADTM may share or transfer your information to a third party or parties in connection with the applicable transaction.
3.5 Law Enforcement
NESADTM cooperates with government and law enforcement officials and private parties to enforce and comply with applicable law. NESADTM may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of NESADTM or third parties, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law. NESADTM defends the rights of copyright holders.
4.0 HOW NESADTM PROTECTS AND RETAINS YOUR INFORMATION
NESADTM takes security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of document and other data. These include, but are not limited to, firewalls, SSL encryption, internal reviews of data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems. “Dead space” exists between the website, the subscriber’s identities, and their deposited documents. As such, documents may not be downloaded directly from the NESADTM website; all documents are delivered directly from NESADTM.
However, the internet and mobile web are inherently insecure and NESADTMis unable to guarantee that the security measures NESADTM has taken (and takes) will not be penetrated or compromised or that your information will remain secure under all circumstances.
If NESADTM retains personal PII on its systems, NESADTM restricts access to PII to employees, contractors, and agents who need to know that information in order to operate, develop, or improve NESADTM‘s Website, products and Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.
NESAD’sTM policy is to delete subscriber accounts, and all data associated with the subscriber account, when their subscription has been inactive for a period of one (1) year. However, NESADTM reserves the right to retain PII in registered user accounts indefinitely on servers owned or controlled by NESADTM or its Service Providers.
NESADTM reserves the right to delete any or all Non-PII or PII that relates to you at any time and in NESAD’sTM sole discretion, notwithstanding its normal data retention policies. If NESADTM changes its retention data policies by updating the NESADTM Privacy Policy, its new policies will apply to all document and other data then retained by NESADTM.
5.0 HOW TO CONTROL AND PROTECT YOUR NESADTM INFORMATION
5.1 Opting out
NESADTM subscribers maintain control of all of their personal PII data and document data. At the subscriber’s request, NESADTM will deposit, remove, or modify any requested information or documents. NESADTM does not own its subscriber’s document data, but rather serves as a searchable depository-archive and mechanism of delivery on the behalf of registered NESADTM subscribers. At the subscriber’s request, NESADTM will remove and/or delete any or all of a subscriber’s PII, personal, or company document data.
5.2 Your NESADTM Subscription
Subscribers may access and correct personal information in their subscriber account profile through the Subscriber Settings aspect of the NESADTM website. If you subscribed to any of NESAD’sTM Services, you are responsible for maintaining the confidentiality of your account login and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NESADTM reserves the right to refuse service, terminate subscriptions, remove or edit content, or cancel orders at NESADTM‘s sole discretion.
5.3 Your California Privacy Rights
Under California Civil Code Section 1798.83, California residents who have an established business relationship with NESADTM have the right to request that NESADTM provide certain information regarding the disclosure of their personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may send your request for such information to contact@nesad.us. Requests shall only be accepted via this email address. NESADTM shall not be responsible for requests made over the telephone or by any other means.
5.4 Modification of The NESADTM Privacy Policy
NESADTM may update the NESADTM Privacy Policy from time to time. When we do, NESADTM will post those changes on this page and update the effective date (found at the top in bold type). It is your responsibility to review the NESADTM Privacy Policy frequently and remain informed about any changes to it, and NESADTM encourages its subscribers to visit this page often. By continuing to use the NESADTM Services or the NESADTM Website or by sharing information with NESADTM, you consent to the use of your information as disclosed in the NESADTM Privacy Policy.
6.0 HOW TO CONTACT NESADTM
If you have questions or concerns regarding the NESADTM Privacy Policy or the NESADTM Terms of Service, contact:
Central Depository-Archive Physical Address
National Environmental Site Assessment Depository, Inc. (NESAD, Inc. also works)
1314 Bedford Avenue, Suite 102
Baltimore, Maryland 21208
Central Depository-Archive (Baltimore, MD): (443) 548-3065
Facsimile, Central Depository-Archive (Baltimore, MD): (410) 653-3451
Contact Email Addresses
contact@nesad.us (general communications and contact information)
jweller@nesad.us (John W. Weller, Sr. Archivist, Central Depository-Archive, Baltimore, MD)
network@nesad.us (for NESAD Network™ inquiries)
archive@nesad.us (for ordering archived document copies)
deposit@nesad.us (for depositing documents in the depository-archive)