Privacy Policy

Outsourcing Leadership, Inc., a Texas corporation d/b/a ProBenchmark ("ProBenchmark"), is the owner and operator of the Web site accessible through www.probenchmark.com (the "Site"), and created this Privacy Policy ("Policy") in order to demonstrate our firm commitment to the privacy of your personal information. The following discloses our general policies relating to information gathering and dissemination practices for this Site. Please note that you access certain functionality or services on this Site through a Subscription Agreement. If there is a conflict between this Policy and the Subscription Agreement, then the Subscription Agreement shall control.

This Policy tells you, among other things, what information we gather from you through our Site, how we may use or disclose that information, and our efforts to protect it.

Notice of Information Collected and Disclosed
We may request such information from you when you:

• Log-on to certain areas of our Web site that require your user name and password as a condition to gaining access to the information, materials or services in that area.
• Register or sign-up to subscribe to a service.
• Subscribe to a newsletter or ask to be added to our mailing lists.
• Purchase a product or service.
• Provide feedback in an online survey.
• In connection with your use of our Site, we may collect the following information:
• The domain and/or IP address, but not the e-mail address of visitors to our Site.
• The e-mail addresses of users who communicate with us via the Site or via e-mail.
• Aggregate information on what pages on our Site users access or visit.
• Information volunteered by the user, such as information provided if they become registered Clients of ProBenchmark, which may include name, address, e-mail, phone number, fax number, username, password, e-mail address, company name, data submitted by the Client in the course of using the Site's services, information posted if you participate in any of our discussion boards, and general requests for information and other personal information.
• Information about your transactions with us.

Providing the voluntary data described above is at your sole discretion. If you submit personally identifiable information to us through the Site, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Site. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Site and to create new features, functionality, and services by storing, tracking, and analyzing user preferences and trends.

Except as explicitly otherwise set forth in an agreement entered into with ProBenchmark, such as the Subscription Agreement applicable when you purchase access to our hosted services, ProBenchmark is the owner of the information collected on this Site. From time to time, we make the e-mail addresses of those who access our Site available to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your e-mail address in this manner, please see the Choice/Opt Out for how to opt out of being included.

Except as provided in this Policy, we do not disclose any nonpublic personal information about you to anyone except as permitted by law, however, we may choose to disclose all of the information we collect, as described above, to companies that perform services on our behalf, such as payment processors, data processors, technical systems consultants and programmers and the advertising firms that we use to promote our Site. Additionally, this information may be shared with ProBenchmark partners. We may use the personal identifying information you provide to monitor usage and traffic-levels, analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use. We may also use your information to contact you regarding improvements we can make to our Site and our services. ProBenchmark may also share aggregate information about our users with advertisers, sponsors and other third parties, though such summary information will not identify any specifics directly related to your identity. We may also provide analysis based on the information we collect, to our strategic alliance partners and other risk sharing partners. As we develop our business, we may buy or sell some or all of our assets and, depending on the transaction, your personally identifiable information may be one of the transferred assets. Similarly, if ProBenchmark should ever merge with or be acquired by another company, we may share your personal information with any entity resulting from such transaction and if ProBenchmark should ever file for bankruptcy, the bankruptcy trustee has the right to sell the information you provide to us to a third party.

We will use your e-mail address to assist you if you forget your log-in information. We may also use your e-mail address to contact you directly regarding services, products or information that we believe might interest you. Only ProBenchmark (or agents working on behalf of ProBenchmark and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, you can easily opt-out of receiving further marketing from ProBenchmark as provided in Choice/Opt Out below.

You authorize us to disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, violation of obligations to us under our Terms of Service Agreement, Subscription Agreement or any other agreement or policy, or other illegal activity.

We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

State Specific Disclosures
For California residents:
Under California Civil Code Section 1798.83, also known as Senate Bill 27, if you are a California resident and ProBenchmark has an established business relationship with you, you have the right to request information from ProBenchmark, free of charge, regarding the manner in which ProBenchmark shares certain categories of your personal information with third parties (whether collected online or offline), for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to ProBenchmark at its designated address and receive the following information:

1. the categories of information ProBenchmark disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year;
2. the names and addresses of third parties that received such information; and
3. if the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed, subject to certain exceptions. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually.

For purposes of this paragraph:

• ProBenchmark" means the Site, and
• "Third Party" means:
  a) a business that is outside the ProBenchmark family, and
  b) affiliates of ProBenchmark.

You will notice that the "third parties" listed in this notice are ProBenchmark affiliates. These affiliates are listed as "third parties" because, under Senate Bill 27, any business that is a separate legal entity must be listed as a "third party." Our ProBenchmark affiliates who may have received your information are as follows:

Alsbridge, Inc.
This same California law permits ProBenchmark to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. ProBenchmark's designated email address for such requests is inquiry@probenchmark.com. You may also request this information by writing to: ProBenchmark, 3535 Travis Street, Suite 105, Dallas, Texas 75204. Additionally, you may request that ProBenchmark not share your personal information with third parties for their direct marketing use by following the Choice/Opt-Out procedures outlined below.

For Vermont residents:
Vermont law places additional limits on sharing information about Vermont residents. As long as a user remains a resident of Vermont, we will not share information we collect about Vermont residents to companies outside of ProBenchmark or to ProBenchmark affiliates, except:

• To companies that perform marketing or other services on our behalf;
• Contact information (like name and address), and transaction information (such as your payment history) with which we have joint marketing agreements;
• With the authorization or consent of the Vermont resident; or
• As permitted or required by law.

For Nevada residents: We do not share your Customer Information with nonaffiliated third parties for purposes of their offering products and services to you. You do not need to take any action to limit this kind of information sharing. Nevada law requires that we provide you with the following contact information if you desire for ProBenchmark to include you in our internal do not call registry:

• ProBenchmark
  3535 Travis Street
  Suite 105
  Dallas, Texas 75204
  Phone: 214-696-6410
  Email: inquiry@probenchmark.com
• Bureau of Consumer Protection
  Office of the Nevada Attorney General
  555 E. Washington Street, Suite 3900
  Las Vegas, Nevada 89101
  Phone: (702) 486-3132
  Email: BCPINFO@ag.state.nv.us

In addition, if other states in the future adopt privacy restrictions more restrictive than those under Federal law we will comply with those applicable provisions.

Public Forums
The Site includes may include blogs, forums, message boards and other interactive features. Please remember that any information that is disclosed in these areas is not protected as confidential and becomes public information. You are solely responsible and should exercise caution when deciding to disclose any personal information in these areas.

Abuse of Terms of Service Agreement
We have the right to share your name and contact information with our attorneys and law enforcement officials, if needed, in the event we believe you have breached our Terms of Service Agreement or Subscription Agreement.

Collection and Use of IP Addresses
We may use IP addresses to analyze trends, administer the Site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Please see Notice of Information Collected and Disclosed above for more information.

Cookies
We use cookies (a small data file that certain Web sites write to your hard drive when you visit them), log files, clear gifs or web beacons (known as action tags or single pixel gifs) information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information such as the services you subscribe to; and (c) to assess the popularity and effectiveness of the material posted on the Site. We may also use web beacons in connection with e-mails sent to users, to let us know whether and when the e-mail was opened.

When you register at the Site, ProBenchmark may use cookies to store passwords and personal information about you. We may use this information to identify you in our database and to track information while you are on our Site. Cookies also enable you to enter the Site as a registered user without having to log on each time.

You can refuse cookies by turning them off in your browser. You do not need to have cookies turned on to use the Site. However, if you turn off cookies, then you may not be able to utilize certain features of the Site.

Confidentiality of Transmissions
Please remember that transmissions on the Internet are not always confidential. You are transmitting this information at your own risk. Please see Security below for more information.

Password Protection
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before creating your user account. The user that created the account for a user is responsible for maintaining the secrecy of a users unique password and account information at all times.

Disclosure Choices
You may, of course, decline to submit personally identifiable information through the Site, in which case ProBenchmark may not be able to provide certain services to you.

Choice/Opt Out
If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt out from receiving these communications, by specifically telling us to stop sending them to you. We will generally be able to give effect to your withdrawal on 30 days' notice. If you wish to opt out of disclosures to nonaffiliated third parties, you may e-mail your request to ProBenchmark at inquiry@probenchmark.com.

Onward Transfer (Transfers to Third Parties)
We will apply the Notice and Opt-out policies discussed above in the event we propose to disclose your information to a third party.

Security
This Site takes every reasonable precaution to protect our users' information. When you submit sensitive information via the Site, your information is protected both online and off-line. For your security, certain portions of our Site are encrypted. While on a secure page, the lock icon on the bottom of Web browsers, such as Netscape Navigator, Microsoft Internet Explorer or Mozilla Firefox, becomes locked, as opposed to un-locked, or open, when you are just ‘surfing'. Finally, the servers on which we store personally identifiable information are kept in a secure environment, with access restricted.

Our payment processing vendor, Chase Paymentech, has its own privacy policy that relates to the data it processes. Please click here to review Chase Paymentech's policy.

Information you elect to post on the Site, e-mails and other information you send to us, except that which you send us on a secure page, is not encrypted and such transmissions cannot be considered a secure means of transmitting sensitive information. ProBenchmark will never ask you to submit your financial data, such as your credit card account numbers, via e-mail. IF YOU RECEIVE AN E-MAIL REQUESTING THAT YOU FORWARD INFORMATION OF THIS NATURE BY E-MAIL, PLEASE CONTACT US DIRECTLY AT inquiry@probenchmark.com. DO NOT REPLY DIRECTLY TO THE E-MAIL. You should be aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet and that any information you transmit through the Site may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission.

Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot ensure or warrant the ultimate security of any information you transmit.

Linked Sites And Third Party Vendors
The Site may contain links to other sites. Please be aware that ProBenchmark may not be responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and recommend that they read the privacy statements of each and every Web site they visit. This Policy applies solely to information collected by this Site. It should be noted that ProBenchmark utilizes third party vendors for commercial transactions. Specifically, ProBenchmark utilizes Chase Paymentech, which provides its own detailed Privacy and Terms of Service Agreements. Please review those policies carefully before you disclose any personal information.

Age Restrictions; Children's Privacy
This Site is not directed at children under the age of 18 and does not knowingly collect personal information from children under the age of 18. If ProBenchmark obtains actual knowledge that it has obtained personal information about a child under the age of 18, that information is immediately and permanently deleted from our records.

Changes to Privacy Policy
We may occasionally change this Privacy Policy. If we do, we will post the changes on the Site. The changes will take effect as soon as posted. Correct/Update ProBenchmark provides users the following options for changing and modifying information previously submitted.

• You can send e-mail to inquiry@probenchmark.com.
• You can send mail to the following postal address:
  ProBenchmark
  3535 Travis Street
  Suite 105
  Dallas, Texas 75204

Contact Information
If you have a comment, question or request, or if you need to contact ProBenchmark for any other reason, there are four easy ways to do so.

• You can send e-mail to inquiry@probenchmark.com.
• You can call us at 214-696-6410.
• You can fax us at 214-239-0698.
• You can send mail to the following postal address:
  
  ProBenchmark
  3535 Travis Street
  Suite 105
  Dallas, Texas 75204

Acceptance of Privacy Statement
Your use of our Site, including any dispute concerning privacy, is subject to this Policy and the Terms of Service Agreement. BY USING OUR SITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR TERMS OF SERVICE AGREEMENT. We reserve the right to modify this Policy at any time by posting the changes on this page. Your continued use of any portion of our Site following posting of the updated privacy statement will constitute your acceptance of the changes.

Updates to Policy
This Policy updated August 3, 2009.