TMJ Practice Management Associates, Inc.(dba Nierman Practice Management) , a Florida
corporation, owns and operates the Web site located at the URL www.dentalwriter.com and portions of other
Web pages and Web content through which you have accessed this Privacy Policy (collectively,
"www.dentalwriter.com").
By visiting, using and/or submitting information to www.dentalwriter.com,
you are accepting the practices described in this Privacy Policy and the terms and
conditions of TMJ Practice Management Associates, Inc.’s Agreement of Terms of Use
located at the URL
www.dentalwriter.com/disclaimer.asp (the "Terms of Use").
TMJ Practice Management Associates, Inc. takes your privacy seriously, and has published
this Privacy Policy to explain how TMJ Practice Management Associates, Inc. treats
all information you may submit to
www.dentalwriter.com.
Collection of Personally Identifiable Information
Many of the features of www.dentalwriter.com are available to
you without your providing personally identifiable information. Personally identifiable
information generally includes information that could be used to determine your
identity, such as your name, address, phone number, e-mail address, and birth date.
The following are certain situations in which TMJ Practice Management Associates,
Inc. may collect personally identifiable information from you:
- Registration for Services. TMJ Practice Management Associates, Inc. collects
personally identifiable information from you if you register online for one of TMJ
Practice Management Associates, Inc.'s services. When you register online with TMJ
Practice Management Associates, Inc., TMJ Practice Management Associates, Inc. may
ask for personally identifiable information like your name, company, e-mail address,
birth date, gender, ZIP code, occupation, industry, personal interests and other
demographic information.
- Use of Forums. If you choose to transmit, submit or post information through
TMJ Practice Management Associates, Inc.'s chat rooms, bulletin boards or other
forums (the "Forums"), TMJ Practice Management Associates, Inc. will collect that
information you provide. TMJ Practice Management Associates, Inc. retains this information
as necessary to resolve disputes, provide customer support and troubleshoot problems
as permitted by law and pursuant to TMJ Practice Management Associates, Inc.'s Terms
of Use.
- Forms. TMJ Practice Management Associates, Inc. may collect personally identifiable
information from you if you choose to fill out any forms, profiles, or surveys on
www.dentalwriter.com.
- Correspondence. If you send TMJ Practice Management Associates, Inc. personal
correspondence, such as emails or letters, or if other users or third parties send
TMJ Practice Management Associates, Inc. correspondence about your activities or
postings on
www.dentalwriter.com, TMJ Practice
Management Associates, Inc. may choose to collect such information into a file specific
to you.
- Business Partners. TMJ Practice Management Associates, Inc. may receive your
personally identifiable information from one of TMJ Practice Management Associates,
Inc.'s business partners.
Use of Personally Identifiable Information
TMJ Practice Management Associates, Inc. uses your personally identifiable information
as follows:
- to improve TMJ Practice Management Associates, Inc.’s marketing and promotional
efforts, analyze site usage, improve TMJ Practice Management Associates, Inc.’s
content and product offerings, and customize TMJ Practice Management Associates,
Inc.'s content, layout, and services;
- to contact you and deliver information to you that, in some cases, is targeted to
your interests, such as targeted banner advertisements, administrative notices,
product offerings, and communications relevant to your use of www.dentalwriter.com
;
- to fulfill your requests for certain products and services;
- for market research, project planning, troubleshooting problems, detecting and protecting
against error, fraud or other criminal activity, to enforce TMJ Practice Management
Associates, Inc.’s Terms of Use, for other internal purposes, and as otherwise described
to you at the time of collection; and
- as otherwise set forth in this Privacy Policy.
You expressly agree to TMJ Practice Management Associates, Inc.'s use of your personally
identifiable information as set forth in this Privacy Policy and the Terms of Use.
Disclosure of Personally Identifiable Information
TMJ Practice Management Associates, Inc. does not currently sell
your personally identifiable information. The following describes some of the ways
that your personally identifiable information may be disclosed in the normal scope
of business:
- Internal Service Providers. TMJ Practice Management Associates, Inc. may
use third parties that TMJ Practice Management Associates, Inc. refers to as internal
service providers to facilitate or outsource one or more aspects of TMJ Practice
Management Associates, Inc.’s business, product and service operations that TMJ
Practice Management Associates, Inc. provides to you (e.g., technology, Forums,
newsletters/alerts, analytical tools) and therefore TMJ Practice Management Associates,
Inc. may provide some of your personal information directly to these internal service
providers. These internal service providers are subject to confidentiality agreements
with TMJ Practice Management Associates, Inc. or other legal restrictions that prohibit
their use of the information TMJ Practice Management Associates, Inc. provides them
for any other purpose except to facilitate the specific outsourced TMJ Practice
Management Associates, Inc. related operation, unless you have explicitly agreed
or given your prior permission to them for additional uses. In some instances, the
internal service provider may collect information directly from you. In these cases,
you will be notified of the involvement of the internal service provider, and all
additional information you provide them and their additional uses will be strictly
up to you. If you provide additional information to an internal service provider
directly, then their use of your personally identifiable information is governed
by their applicable privacy policy.
Notwithstanding the foregoing, TMJ Practice Management Associates, Inc. reserves
the right (and you authorize TMJ Practice Management Associates, Inc.) to share
or disclose your personally identifiable information when TMJ Practice Management
Associates, Inc. determines, in its sole discretion, that the disclosure of your
personally identifiable information is necessary to identify, contact, or bring
legal action against you if:
- you are or may be violating this Privacy Policy or TMJ Practice Management Associates,
Inc.’s Terms of Use;
- you are interfering with another's rights or property, including, without limitation,
TMJ Practice Management Associates, Inc.'s rights or property;
- you are violating any applicable law, rule or regulation;
- necessary or required by any applicable law, rule or regulation; and/or
- Requested by authorities in the event of any act of terrorism or instance of local,
regional or national emergency.
Personally identifiable information and other personal information collected from
you may also be transferred to a third party as a result of a sale, acquisition,
merger, reorganization, other transfer or bankruptcy (a “Transfer”) involving TMJ
Practice Management Associates, Inc. and/or its affiliates. TMJ Practice Management
Associates, Inc. specifically reserves the right to transfer personally identifiable
information collected from www.dentalwriter.com, and any of its databases,
together with any personally identifiable information contained therein, to a third
party in connection with a Transfer, and nothing in this Privacy Policy is intended
to interfere with the ability of TMJ Practice Management Associates, Inc. to transfer
all or part of its business and/or assets (including www.dentalwriter.com)
to an affiliate or independent third party at any time, for any purpose, without
any limitation whatsoever.
In addition, due to the existing regulatory environment, TMJ Practice Management
Associates, Inc. cannot ensure that all of your private communications and other
personally identifiable information will never be disclosed in ways not otherwise
described in this Privacy Policy. By way of example (without limiting the foregoing),
TMJ Practice Management Associates, Inc. may be forced to disclose personal information
to the government or third parties under certain circumstances or third parties
may unlawfully intercept or access transmissions or private communications. Therefore,
although TMJ Practice Management Associates, Inc. uses industry standard practices
to protect your privacy, TMJ Practice Management Associates, Inc. does not promise,
and you should not expect, that your personally identifiable information or private
communications will always remain private.
Newsletters and CAN-SPAM Compliance
Dentalwriter.com sends newsletters, specifically requested by TMJ Practice Management
Associates, Inc. subscribers. Subscriptions to Dentalwriter.com newsletters are
verified by sending an e-mail confirmation to your e-mail address, which requires
a positive response before an e-mail address is added to TMJ Practice Management
Associates, Inc.’s list. Dentalwriter.com is fully compliant with the Controlling
the Assault of Non-Solicited Pornography and Marketing Act of 2003.
Security
Personally identifiable information you submit to TMJ Practice Management Associates,
Inc. is password-protected for your privacy and security. In certain areas TMJ Practice
Management Associates, Inc. uses industry-standard SSL-encryption to protect data
transmissions. In the unlikely event that an unauthorized third party compromises
TMJ Practice Management Associates, Inc. security measures, TMJ Practice Management
Associates, Inc. will not be responsible for any damages directly or indirectly
caused by an unauthorized third party's ability to view, use or disseminate such
information.
Links to Other Web sites
www.dentalwriter.com may include
links to other third party Web sites. Such links are not an endorsement by TMJ Practice
Management Associates, Inc. of those Web sites and/or the products or services offered
there. Third party Web sites may have different privacy policies and TMJ Practice
Management Associates, Inc. is not responsible for the privacy practices of those
third party Web sites. If you click on a link to a third party Web site, TMJ Practice
Management Associates, Inc. encourages you to check the privacy policy of that Web
site, as it may differ substantially from that of this Privacy Policy.
Access and Use of www.dentalwriter.com
www.dentalwriter.com
is intended to be accessed and used only by adults and is not directed to children
under the age of 18. TMJ Practice Management Associates, Inc. does not knowingly
permit registration or submission of personally identifiable information by anyone
under the age of 18.
Changes to this Privacy Policy
TMJ Practice Management Associates, Inc. reserves the right to update, amend and/or
change this Privacy Policy at any time in its sole discretion and without notice.
Updates to this Privacy Policy will be posted here. Any information TMJ Practice
Management Associates, Inc. collects from you online is subject only to TMJ Practice
Management Associates, Inc.’s most current Privacy Policy. You are encouraged to
revisit this Privacy Policy from time to time in order to review any changes that
have been made. TMJ Practice Management Associates, Inc.’s last update was December
1, 2007. Your continued access and use of www. Dentalwriter.com following the posting
of any such changes shall automatically be deemed your acceptance of the same.
Questions or Concerns
If you have questions, comments, concerns or feedback regarding this Privacy Policy,
send an e-mail to support@dentalwriter.com.
Governing Law; Arbitration
This Privacy Policy is to be governed by and construed in accordance with the internal
laws of the State of Florida, without regard for principles of conflicts of laws.
Any civil action, claim, dispute or proceeding arising out of, or relating to, this
Privacy Policy shall be referred to final and binding arbitration, before a single
arbitrator, under the commercial arbitration rules of the American Arbitration Association
in Palm Beach County, Florida. You and TMJ Practice Management Associates, Inc.
shall select the arbitrator, and if you and TMJ Practice Management Associates,
Inc. are unable to reach agreement on selection of the arbitrator within thirty
(30) days after the notice of arbitration is served, then the American Arbitration
Association shall select the arbitrator. Arbitration shall not commence until the
party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator
as a retainer for the arbitrator's fees and costs. The party requesting arbitration
shall advance such sums as are required from time to time by the arbitrator to pay
the arbitrator's fees and costs until the prevailing party is determined or the
parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive
upon you and TMJ Practice Management Associates, Inc., and your and TMJ Practice
Management Associates, Inc.'s respective administrators, executors, legal representatives,
successors and assigns, and may be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall either you or TMJ Practice
Management Associates, Inc. be entitled to punitive, special, indirect or consequential
damages, and both you and TMJ Practice Management Associates, Inc. hereby waive
your rights to any punitive, special, indirect or consequential damages, including,
but not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable
by any arbitrator, this Privacy Policy as a whole shall not be deemed unlawful,
void or unenforceable, but only that portion of this Privacy Policy that is unlawful,
void or unenforceable shall be stricken from this Privacy Policy.
The headings contained in this Privacy Policy are for convenience of reference only,
are not to be considered a part of this Privacy Policy, and shall not limit or otherwise
affect in any way the meaning or interpretation of this Privacy Policy.
All covenants, agreements, representations and warranties made in this Privacy Policy,
as may be amended by TMJ Practice Management Associates, Inc. from time to time,
shall survive your acceptance of this Privacy Policy.
This Privacy Policy and the Terms of Use represent the entire understanding and
agreement between you and TMJ Practice Management Associates, Inc. regarding the
subject matter of the same, and supersede all other previous agreements, understandings
and/or representations regarding the same.