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Privacy Policy
NEW Non-Invasive Measurement Information
Picotest.com Privacy Policy (Updated 6/11/2010)

We have created the following Privacy Policy to inform you what information we collect when you visit the Picotest.com website (the “website”) operated by Picotest.com, Inc. or its affiliates (“Picotest“, “us”, or “we” ), and how we use it.  By visiting or using the website, you agree to accept the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the website. Each time you use the website, you should check the date of this Privacy Policy (which appears above) and review any changes that have been made since your last visit to the website.

This Privacy Policy is posted to demonstrate our concern for online security and customer service practices. We treat your information with honesty and sensitivity, the same way we run our business.

1. Personal Information Collected By Picotest.com
Picotest.com uses information that we collect from our visitors and customers to personalize and improve your visit and shopping experience at the website. We gather the following types of information:

Information You Give to Us: We collect “Personal Information” that is provided by users of our website. “Personal Information” includes your name, address, telephone number, credit or debit card information, email address, date of birth, IP address and the last four digits of your Social Security number. Personal Information is collected when you establish an account with us, place an order on the website, participate in a contest, sweepstakes or on-line survey, or when you communicate with any of our departments such as customer service, sales or technical services through the website, telephone, mail or fax.

Web Beacons: We (or service providers on our behalf) may collect information from visits to the website through the use of “Web Beacons.” Web Beacons are web page elements which may employ cookie technology that enable us to record data about visits to or transactions made on the website. This information is sometimes known as “clickstream data.” We may use this data to analyze trends and statistics to improve your online experience or our customer service. No Personal Information is collected through the use of Web Beacons on the website.

Cookies: Through the use of cookies, we may also collect and analyze the IP address used to connect your computer to the Internet; computer and connection information such as your browser type and version; operating system and platform; purchase history; confirmation when you open email that we send you; and the URLs which lead you to and around the website including the date and time. You can generally set your browser to reject cookies or to notify you when you are sent a cookie. Software is also available from third parties which will allow you to visit the website without providing this information. You are welcome to use the website if you use such software but we will not be able to offer you our personalized services and we will be unable to accept any online orders from you.

Orders: If you place an order through the website, you will be required to provide contact, billing, and payment information.

Catalog Requests and Email Newsletter Subscriptions: Upon placing an order through the website, you will automatically begin receiving both the Picotest.com catalog and the Picotest.com email newsletter, based on the Personal Information you have provided, unless you opt-out of receiving such communications. If you request an email newsletter subscription, we will send you an email confirming your request. This confirmation process allows you to unsubscribe if you change your mind and decide not to join the list. Furthermore, the confirmation email will alert you if someone else has entered your email address into our email newsletter subscription list. In order to make our email newsletters more relevant and useful to you, our servers may receive a confirmation when you open an email message from Picotest.com.

Sweepstakes Entrants: From time to time, we may run sweepstakes. If you enter sweepstakes sponsored by us, we employ a double opt-in subscription program. Upon registration, a confirmation email will be sent to the email address you provide to us in connection with your entry which will include instructions, or a link to instructions, for completing the subscription process. You will not be entered until you click through the link in the email we send to you or otherwise follow the instructions contained therein. In order to make our sweepstakes more relevant to you, our servers may receive a confirmation when you open an email message from us.

2. Use of Information Collected By Us
We use the information we collect in an effort to improve your experience on the website, to provide services to you and to communicate with you about information that you request. We may also use this information to help us target specific offers to you, to help us develop and improve our website, and to tailor our website to your interests.

3. Sharing of Information with Third Parties
We will not rent, sell or otherwise disclose your Personal Information to unrelated third parties without your consent, except as stated in this Privacy Policy.

Service Providers: We may employ other companies or individuals to provide certain functions or services to or on behalf of us, such as analyzing customer lists and data, or performing marketing or consulting services. These third parties (“Service Providers”) will only have access to the information needed to perform these limited functions on our behalf and are required to provide your Personal Information with at least the same level of protection and security as we use on the website. Such Service Providers are prohibited from using your Personal Information for any purpose other than that for which such party was engaged by us and/or as stated in this Privacy Policy. Any Service Providers that use data received from us may only do so in accordance with this Privacy Policy.

Credit Card Companies/Banks: If you place an order through the website, the Personal Information you provide is transmitted to your credit card company or bank to verify and authorize your purchase.

Fraud Prevention: We use a third party service provider, Ethoca, Inc., to assist us with preventing and monitoring fraudulent activity on the website. When you make a purchase on the website, we may send your Personal Information to Ethoca in order to receive a credit assessment based on such information. Ethoca may also store and use this information in order to expand its fraud prevention database, which may be accessible by other retailers that are part of Ethoca’s anti-fraud network. Ethoca has agreed (i) not to use your Personal Information for any reason except as described in this Privacy Policy, (ii) to maintain the confidentiality of your Personal Information, and (iii) to provide your Personal Information with at least the same level of protection and security as provided on the website. If you would like more information concerning Ethoca’s privacy practices, go to www.ethoca.com. In the event that your purchase is denied based on a risk assessment provided to us by Ethoca, you may contact us at ethoca@help.Picotest.com to dispute the information contained in such risk assessment.

Third Party Marketing Partners: We may, from time to time, share your name and postal mailing address with a few carefully selected third party marketing partners that we believe offer products or services that may be of interest to you. We will never share any telephone number(s), email addresses, or credit card information which you have given us with any such third party marketing partner(s).

Aggregate Information: We provide aggregate information to some of our business partners. This information is used in a collective manner and does not identify you individually in any way. We collect and share aggregate information in order to know more about the general profile of our customers so that we can improve your shopping experience.

Shippers: If you make a purchase through the website, your name, telephone number and shipping information must be provided to third party shippers such as UPS, FEDEX and the United States Postal Service to deliver your purchase. There also may be instances in which we drop-ship orders directly to you from one of our manufacturers or suppliers. These drop-shippers are only given your name, postal address, and telephone number for the sole purpose of fulfilling your order.

Third Party Transaction-Level Data: If you visit the website from a third-party website the third-party site may be able to access select information from your individual transaction information. In order to track and credit your transaction the third-party site may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party site to the website. Any transactions made at the website while such a code is active will be reported back to the third party site. We will only report non-Personal Information to these sites such as the date of the transaction, the product(s) purchased and the amount spent. We will not report any information to these third party sites that will allow them to personally identify you. The presence of a third party navigation bar at the top of any page on the website is an indication that the third party site may be able to see your activity on the website.

Links to Third Party Websites: The website contains certain links to third party websites, such as our vendors. We are not responsible or liable for the privacy practices or content found on these sites. You should check the privacy notice and policies of each website you visit. Links to third party sites are provided solely for your convenience and any use or submission of data to such sites shall be at your sole risk.

Catalog Requests: When you request a catalog from us, we share your name and postal address with a third party fulfillment company for the sole purpose of sending you the requested catalog. This third party is not permitted to store the information is only authorized to use this information to transmit catalogs to you.

Law Enforcement and Protection of Users and Picotest.com: To the extent permitted by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud, apply or enforce our Terms and Conditions, or protect our rights, interests, or property as well as those of our affiliates, customers, or website users. Following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law.

4. Affiliate Programs
We maintain relationships with third party affiliate websites. Although we do not and cannot control the activities of the third parties that operate such sites, we will cease doing business with any affiliate that engages in abusive practices, including, for example, spam, trademark infringement, predatory means of attracting visitors, or unlawful activities. To report abuse by an affiliate, please contact our Affiliate Manager via email at affiliates@Picotest.com.

5a. Children and Privacy
The website is a general audience website and is not directed to children under the age of 18. If you are under the age of 18, please do not provide us with personally identifiable information of any kind whatsoever. Picotest.com does not sell products to persons under the age of 18.  We will not intentionally collect Personal Information from anyone under the age of 18.  By accessing and using the website, you represent to us that you are at least 18 years of age.

5b. Access Outside of the United States or by Non-United States Residents
The website is not intended for or directed to individuals or entities who are not United States residents, or for access or use outside of the United States.  If you are not a United States resident who is accessing this website from within the United States, you should  not provide us with personally identifiable information of any kind whatsoever. Picotest.com com does not sell products to such persons or entities, and will not intentionally collect Personal Information from anyone who is not a United States resident accessing the website from within the United States.  By accessing and using the website, you represent to us that you are a United States resident and are accessing and using the website from within the United States.

6. Security
We employ 128-bit encryption technology in all areas of the website which require you to provide your personal or account information, including those areas related to online ordering, order status, catalog request and contest forms. The website utilizes industry-standard firewalls and Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive Personal Information, such as your name, address and credit card number.

You should recognize, however, that no computer system is fully secure and that there are inherent risks associated with Internet transactions. To make sure you have the latest security features on your browser, you may want to download the most recent version of your favorite browser, which should have full SSL support.

7. Corrections/Information Removal/Opt-Out
If your name, email or postal address, telephone number or other Personal Information changes, you may update, correct or omit the relevant information by contacting us at privacy@Picotest.com. In addition, if you no longer wish to receive communications from us you may opt-out by emailing us at privacy@Picotest.com or by clicking on the unsubscribe link within any marketing email you receive from us. If you no longer wish to receive our catalog, you may call us at 1-877-914-PICO or email us at privacy@Picotest.com.

8. Contact Information
If you have any questions or concerns about this Privacy Policy, please email us at privacy@Picotest.com.

9. Business Transfer
Picotest.com is a wholly owned subsidiary of SM Sandler Holdings, LLC. However, in the event that Picotest.com is sold, has its assets acquired or transferred, whether voluntarily or involuntarily, or merges or becomes affiliated with any other division, individual or entity, any customer information owned or under the control of Picotest.com may be one of the transferred assets. We reserve the right, as part of such transaction, to transfer or assign the Personal Information and aggregate information we have collected from users of the website.

10. Conditions of Use, Notices, and Revisions
If you choose to visit or use the Picotest.com website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, disclaimer of warranties, dispute resolution, and application of Arizona state law. To the extent there is a conflict between our Privacy Policy and our Terms and Conditions, our Terms and Conditions control.  Our Privacy Policy and Terms and Conditions are subject to change, and you should check frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.

11.  Limitation OF Liability
IN NO EVENT WILL Picotest.com OR ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS, VENDORS, SPONSORS,  OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE website OR ITS PRODUCTS OR SERVICES, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS, OR OTHER REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF PROFITS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING IN ANY WAY OR CONNECTED TO THE WEBSITE, MATERIALS CONTAINED ON THE WEBSITE, PRODUCTS CONTAINED ON OR SOLD THROUGH THE WEBSITE, OR YOUR ACCESS, USE OR INABILITY TO USE THE website, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THE TOTAL AGGREGATE LIABILITY OF PICOTEST.COM OR ANY OF THE OTHER ENTITIES, PARTIES, OR PERSONS SUBJECT TO THIS LIABILITY LIMITATION, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCT(S) PURCHASED THROUGH THE WEBSITE.