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Power Buyer Service

PRIVACY POLICY

Your Privacy

This Power Buyer Service website ("Website") is provided by GEMSA Loan Services, L.P., d/b/a Power Buyer Service ("Power Buyer Service," "We" or "Our"). We understand the importance of privacy to users of the Website ("You" or "Your"). This Privacy Policy describes how We collect information through the Website from You, how We use that information, and to whom and under what conditions We may disclose that information. This Privacy Policy does not apply to information that We may collect through mechanisms or processes other than the Website. If You are a Vendor, then You agree to use and disclose information collected regarding users of the Website only in accordance with the terms of this Privacy Policy. Your use of the Website constitutes Your acceptance of this Privacy Policy.

Children Under 18

The Website is intended for the use of commercial business customers in connection with commercial real estate properties. The Website is not intended to be used for personal, household or consumer purposes. Children under the age of 18 are not permitted to use the Website, and may not provide personally identifiable information through the Website under any circumstances.

The Information We Collect

The Website collects information provided by all users of the Website in order to operate the Program, to enable users to utilize the services and products offered by Vendors, and in connection with surveys, promotions and other offerings conducted by Power Buyer Service. The Website collects both personally identifiable and non-personally identifiable information from users of the Website. Details regarding the information the Website collects is as follows:

All Users

At times, the Website may use “cookies” to tailor Our services for You. A cookie is a piece of software that a web server can store on Your PC and retrieve later. The cookies assist us in delivering content specific to Your interests. All of Our cookies expire at the end of Your session; none of Our cookies is recorded permanently in Your PC. Most browsers are initially set to accept cookies but permit You to change the setting to refuse cookies or to be alerted when cookies are being sent. While refusal to accept cookies will not prevent the use of some portions of the Website, other portions of the Website may not function properly without cookies.

The Website also may collect IP addresses, domain names and similar items to measure the number of visits, pages visited, average time spent on the Website and similar items.

Non-Registrants

"Non-Registrants"are persons who access and use the Website who have not completed a Registration Agreement. The Website may collect from a Non-Registrant his or her name and other personally identifiable information only if the Non-Registrant supplies that information through one of the interactive functions on the Website.

Registrants

"Registrants" are those users who have completed, and remain subject to, an active Registration Agreement. The Website will collect from each Registrant certain personally identifiable information as part of the registration process (the "Registrant Information"). The Website may also collect from Registrants information that they elect to input while using the Website, and information concerning their usage of the Website, including the number of times the Website is visited, the pages on the Website that a Registrant visits, the requests generated by a Registrant and similar information(the "Registrant Usage Information").

How We Use This Information

All Users

We use the information collected through the Website to improve Our marketing and promotional efforts, to improve the Website’s content and to customize the Website’s services, content and layout. We may provide the information collected through the Website to Our business partners, participating Vendors, third parties who provide services (including without limitation hosting or other Website related services) in connection with the Program and to third parties who participate in the Program.

We may use contact information that You provide to send You information about the Power Buyer Service program as more fully described in the Website (the "Program"), including promotional materials and questionnaires about the Program and information related to the Program’s participating vendors ("Vendors") that We think You will find useful.

We will not share personally identifiable information You submit through the Website with companies not affiliated with Power Buyer Service for purposes of marketing or promoting events, products or similar items, unless such events, products or similar items are related to Power Buyer Service, and except that We may, from time to time, make personally identifiable information available to selected third parties, but only in the aggregate.

We will use the non-personally-identifiable information We collect from You to conduct the Program, and to count and record the traffic the Website receives and to communicate with third parties and the public regarding the number of users who visit the Website.

We may provide the information We collect through the Website to one or more third parties in the event that all or part of Power Buyer Service or all or part of Power Buyer Service’ assets are acquired by, merged with, sold to or otherwise disposed of to one or more third parties (including, without limitation, in the event of bankruptcy). We also may disclose information We collect through the Website when required to do so by a court, regulatory agency, subpoena, law, regulation or other body of competent jurisdiction and authority, and for administrative and other purposes that We deem necessary to maintain, service and improve Our products and services and to protect Our rights and property. Finally, if You become involved in any violation of security, violation of the Website’s Terms of Use or violation of any party’s or third party’s rights, We may release information about You to assist in investigating, resolving or remediating any such incidents.

Non-Registrants - Personally Identifiable Information

Except as otherwise specified in this Privacy Policy, We will use the personally identifiable information collected from Non-Registrants only for Our operation of the Program and Our administration of the Website.

Registrants - Personally Identifiable Information

We will use the Registrant Information to provide the Registrant with the services described in the Registration Agreement and the Terms of Use, and to make certain interactive functions of the Website easier. We may disclose Registrant Information to third parties for the purposes described in the Registration Agreement and the Terms of Use. Specifically, We may share Registrant Information, including personally identifiable information that You provide (e.g., contact information and information about Your service or product needs) with Vendors.

We will use the Registrant Usage Information for Power Buyer Service’ internal business purposes.

We may also disclose Registrant Information and Registrant Usage Information to companies that are in control of, controlled by or under common control with the owner of the Program ("Affiliates"). Affiliates may use such information for their internal business purposes, including notifying You of products and services that may be of use to You, but We will require the Affiliates to not disclose such information to any third party.

Who May Have Access to This Information

In addition to the possible disclosures described above, We may disclose Registrant Information to persons who wish to contact Registrants for commercial purposes. If a Registrant does not wish to receive communications from advertisers or other persons in this manner, the Registrant may opt-out of such communications by checking the “opt out of correspondence” box at Registration, or by contacting Power Buyer Service by email at PowerBuyer@gemsals.com, or phone at 1-800-990-6807

The opt-out option can always be changed at the discretion of the Registrant by editing their profile on the Website.

Integrity and Security

We employ commercially reasonable managerial and technical measures to help protect the security and integrity of the personally identifiable information collected online through the Website. You acknowledge, however, that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while We strive to protect Your personally identifiable information, We cannot ensure the security of any information You transmit to or from the Website.

You May Correct Your Data

Registrants may review and edit their Registrant Information. To do so, a Registrant may edit their profile on the Website.

Links to Other Websites

Our Website contains links to other websites. We are not responsible for the privacy policies, other practices or content of those other websites.

Public Forums and Bulletin Boards

Our Website makes it possible for You to utilize certain interactive functions, including chat rooms, bulletin boards and other interactive functions operated by Vendors. Any messages or statements You may make in any such chat rooms, bulletin boards or similar forums are public communications. Do not disclose any information in such areas that You wish to keep confidential.

Questions?

If You have questions about this Privacy Policy, the practices of the Website or would like to obtain access to Your personally identifiable information or have Your personally identifiable information removed from the Website’s database, You may contact Power Buyer Service by email at PowerBuyer@gemsals.com or write to us at:

GEMSA Loan Services
Attn. Power Buyer Service
1500 City West Blvd.,
Suite 200,
Houston, TX 77042

Changes To This Privacy Policy?

We may revise this Privacy Policy at any time by updating this posting. Please consult this Privacy Policy regularly. We will not, however, disclose Your personally identifiable information collected through the Website to third parties except as described in this Privacy Policy without first informing You of such change in Our disclosure practices and providing You a choice regarding such disclosure.


Last updated: December 30, 2003

Copyright © 2008 GEMSA Loan Services. All Rights Reserved.
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