Privacy Statement

The following statement describes the privacy practices for KMS Software Company, LLC.

KMS Software Company, LLC (“KMS”) respects the privacy of our customers, partners, employees, web site visitors, and job applicants. We believe it is important for you to understand the type of information we collect about you and how that information is used. We recognize the need for appropriate safeguards and management of Personal Information you provide to us. This Privacy Policy sets forth the privacy principles KMS follows with respect to your Personal Information.

KMS Software Company Corporate Site: www.kmssoftware.com

KMS Software Company is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Web sitewww.kmssoftware.com Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact Larry Neaz at lneaz@kmssoftware.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe athttp://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.

KMS Software Company complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

Safe Harbor

KMS adheres to the Safe Harbor privacy framework developed by the U.S. Department of Commerce in consultation with the European Commission’s Directive on Data Protection on the transfer of Personal Information from European Union member countries to the United States (the “Safe Harbor Agreement”). The Safer Harbor privacy principles are notice, choice, onward transfer, access, security, data integrity, and enforcement.

More information about the U.S. Department of Commerce’s Safe Harbor program can be found at http://www.export.gov/safeharbor.

Scope

This Privacy Policy applies to all Personal Information received by KMS (including its Subsidiaries) in any format including electronic, paper, or verbal.

For purposes of this Policy, “Personal Information” means any information collected by KMS that identifies or could be used by KMS to identify an individual.

Notice

How Personal Information is Collected

Web Visitors
On our corporate web site, we collect the following information from prospective clients: Name, email, phone number and address. We only collect this information for the purpose of contacting individuals who have identified themselves as applicants to our on-boarding program. We do not share this information with any third party marketing firms or service providers. In fact, we do not share this personal information ever, unless as described in the Corporate web site section of this privacy statement.

Web Site / Cookies
In order to improve the content and format of our on-boarding site, KMS uses Web site tracking software to automatically capture technical information that is then stored in our server’s log files. This information may include, but is not limited to, user domain, the type of Internet browser being used, which of our Web pages is visited, and the amount of time spent on our site.

In addition, some of KMS’ Web pages may contain “cookies.” A cookie is a small amount of data which our Web site stores on your computer, and which we can later retrieve. The cookie cannot be read by a site other than ours. We use cookies for a number of administrative purposes; for example, to store your preferences for certain kinds of information. No cookie will contain information that will allow anyone to contact you via telephone, e-mail, or any other means. You can monitor our use of cookies on your computer by setting your Web browser to inform you when cookies are set, or you can prevent the cookies from being set entirely. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please understand that if you disable the use of cookies on your computer, you may be unable to access certain portions or services on our on-boarding Web sites.

Choice

Use of Your Personal Information
We use your Personal Information to provide you with the services which KMS is contractually obligated to provide or to assist you in completing a transaction through our on-boarding software products. We do not sell or rent your Personal Information to third parties. However, we may disclose your Personal Information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process including court orders or subpoenas; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our Web site or on-boarding software products; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

Other than as stated in this Privacy Policy, we will endeavor not to release your Personal Information to unknown or unaffiliated third parties, and we will not cross-reference your Personal Information with that of any other customer or entity.

Links to Non-KMS Web Sites and Third Parties

KMS’ Web sites may contain links to third-party sites for your convenience and/or information. If you access those links, you will leave KMS’ Web site and be re-directed to a third-party site. KMS does not control those sites or the privacy practices of those third-party sites, which may differ from KMS’ privacy practices. We do not endorse or make any representations about third-party Web sites, and the personal data you choose to provide to third-party Web sites is not covered by this Privacy Policy. We encourage you to review the privacy policy of any Web site or company before submitting your Personal Information to them.

Access

KMS will take reasonable steps to ensure that your Personal Information is accurate, complete, and current, to its intended use. We provide individuals with reasonable access to the Personal Information that they provide to us, as well as the ability to review and correct such information. If you wish to access the personal information you have submitted to www.kmssoftware.com for the purpose of updating or deleting it, you may do so by sending us an email atprivacy@kmssoftware.com.

To protect your privacy and security, we also take reasonable steps to verify your identity, before granting access to your Personal Information. In addition, we may limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Agreement. We will respond to your request for access to your personal information within 30 days of the original request.

Security

To prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Information, we utilize physical, technical, and administrative controls and procedures to safeguard the information we collect.

Testimonials

We will on occasion post customer testimonials on our corporate web site. We place the testimonials here for the benefit of our prospective clients in order to provide them with feedback from our previous clients for marketing purposes. We receive expressed consent from the individuals whose personal information is posted along with the testimonials before it is posted to our live corporate web site.

Data Integrity

KMS will take reasonable steps to ensure that Personal Information is accurate, complete, and current, to its intended use. KMS will only use Personal Information in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual.

Enforcement and Verification

KMS will conduct periodic assessments to validate its continued adherence to this Privacy Policy.

Contact Information

At any time you may contact KMS with questions or concerns about this Privacy Policy at privacy@kmssoftware.com.

Written responses may also be submitted to:

KMS Software Company, LLC
Attention: Privacy and Compliance
1901 Avenue of the Stars, Suite 1455
Century City, CA 90067
Dispute Resolution

KMS participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce. As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. If you have any complaints regarding our compliance with the Safe Harbor you should first contact us (as provided above).

If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by Internet athttp://www.truste.org/consumers/watchdog_complaint.php, fax at 415-520-3420, or mail at Watchdog Complaints, TRUSTe, 685 Market Street, Suite 270, San Francisco, CA, USA 94105. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe’s dispute resolution process, seehttp://www.truste.org/consumers/watchdog_complaint.php or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English. For human resources data we have agreed to cooperate with Data Protection Authorities. Any questions, comments or complaints about the data practices (including without limitation compliance with data privacy principles of notice, choice, onward transfer, access, security, data integrity, or enforcement) of a hosted online OnBoarding software customer or partner for whom KMS processes data should be addressed to that customer or partner.
Changes to This Privacy Policy

The practices described in this Policy are the current Personal Information protection policies as of November 2007. KMS Software Company, LLC reserves the right to modify or amend this Policy at any time consistent with the requirements of the Safe Harbor Principles. Updates will be posted prominently to this site 30 days prior to the implementation of the change.

KMS OnBoarding Program

KMS provides our customers with an application that facilitates many Human Resource related requirements. This application is not a part of our corporate web site and the information collected on this application is not covered under the Web Privacy seal Dispute Resolution program. KMS serves as a Data Processor for the clients who use this application. More specifically, KMS does not own the information that is submitted to our On-Boarding application. The information that is submitted to our on boarding application will be subject to our clients’ privacy policy. The following information discloses how information is submitted via our application and how we handle the information for our clients who are the owners of this data.

Web Visitors
KMS processes Personal Information about a visitor to our on-boarding Web site only when the visitor chooses to provide such information. On certain pages, for example, a visitor has the opportunity to provide his/her personal information such as his/her name, address, phone number, social security number and e-mail address.

Job Applicants and Employees
KMS processes Personal Information from its clients’ employees and job applicants for, among other things, legitimate human resource business reasons such as payroll administration, filling employment positions, maintaining accurate benefits records, meeting governmental reporting requirements, security, health and safety management, performance management, company network access, and authentication.

Customers, Users and Partners
KMS processes Personal Information from our users and partner’s customers who use our software products. The information may be collected through our on-boarding software products or a partner. The type of Personal Information processed is similar to the information collected under the “Job Applicants and Employees” paragraph, above.

Onward Transfer

Sharing of Your Personal Information
KMS may contract with third-party providers to perform certain functions on our behalf or our partner’s behalf to enhance our existing product and service offerings. Examples include providing product and service support.
These third parties may have access to your Personal Information only to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements or similar contractual restrictions before any information is provided to them, and they are restricted from using the information for other purposes.

Security
To protect the confidentiality, integrity, and availability of your Personal Information that is processed by our on-boarding site, KMS utilizes a variety of physical and logical access controls, firewalls, intrusion detection/prevention systems, network and database monitoring, anti-virus, and backup systems. We use encrypted sessions when processing or transferring sensitive data through our Web sites.

We limit access to your Personal Information and data to those persons who have a specific business purpose for maintaining and processing such information. KMS’ employees who have been granted physical access to your Personal Information will be made aware of their responsibilities to protect the confidentiality, integrity, and availability of that information and have been provided training and instruction on how to do so.

Access
KMS will take reasonable steps to ensure that your Personal Information is accurate, complete, and current, to its intended use. We provide individuals with reasonable access to the Personal Information that they provide to us, as well as the ability to review and correct such information.

Links to Non-KMS Web Sites and Third Parties

Privacy Statement

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