PRIVACY POLICY

| LIMITATION OF LIABILITY | OTHER | CONTACT MCDOUGAL COMPANIES |

McDougal Companies’ Privacy Policy (effective 7/11/03)

This Privacy Policy applies to McDougal Companies, McDougal Properties, Ltd., McDougal Construction, Ltd., McDougal Realtors, Inc., Mcdougal.com and DataTrakr.com (collectively referred to herein as the “McDougal Companies” or “McDougal” or “we”).

Initial Legal & Jurisdictional Issues

Use of this site signifies your agreement to the terms of use. Please read these terms of use carefully before using this site. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site.

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting programs, products and services of McDougal and its affiliates available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by McDougal from its offices in Lubbock, Texas, United States of America. McDougal makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

McDougal respects your privacy. Throughout our business, we will only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you - to process your application, provide service and support, and share company news and offerings with you.

We do not sell your personal information. We only share your personal data outside the McDougal Companies (i) with your consent, (ii) as required by law, (iii) to protect McDougal, its customers, or the public, or (iv) with companies or persons that work with McDougal to fulfill its obligations with you. McDougal strives to share your information only with partners who commit to protecting your privacy and data.

You may contact McDougal with any privacy questions or concerns you may have. You may ask at any time to see the data you have given us and request correction or deletion with limited exceptions.

Privacy and Data Security

At McDougal, your right to privacy and data security is a primary concern. That's why, when you visit Mcdougal.com or DataTrakr.com, we want to help you maintain control over your personal data. We use these guidelines for protecting the information you provide us during a visit to our Internet sites (www.mcdougal.com or DataTrakR.com). These guidelines are applicable only to our domestic Web sites. Information submitted solely in a business capacity is not covered by these guidelines.

McDougal is committed to data security with respect to information collected on our sites. We offer the industry standard security measures available through your browser called SSL encryption. However, if at any time you need to give us personal information, but do not want to do so online, you may contact a McDougal Representative over the telephone or, in some cases, in person.

We only ask for specific types of personal information. In a few areas on our Web site, we ask you to provide information that enables us to enhance your site visit, to assist you with support issues or to follow up with you after your visit. It is completely optional for you to participate. For example, we request information from you when you: Register on Mcdougal.com or DataTrakR.com, submit an application, provide feedback in an online survey, participate in a promotional offer, request e-mail notification of your application’s status, subscribe to a newsletter or a mailing list, request assistance from our support staff, or make a support request. In each of the instances above, we may ask for your name, e-mail address, phone number, address, type of business, as well as other similar personal information that is needed to register or subscribe you to services or offers. In the case of newsletters or mailing lists, you will be able to "unsubscribe" to these mailings at any time.

McDougal only uses your personal information for specific purposes. The information you provide will be kept confidential. It will be used to support your customer relationship with McDougal. We want to help you quickly find information on our site and alert you to special offers, support information, and other updates from McDougal. Our employees, outside agents, and third-party contractors who have access to your personal information are required to keep the information confidential and not use it for any purpose other than carrying out the services they are performing for us. McDougal may enhance or merge your information collected at its site with data from third parties for purposes of marketing products or services to you. In addition, McDougal may be required to disclose personal information in connection with law enforcement, fraud prevention, regulation, and other legal action or if McDougal reasonably believes it is necessary to do so to protect McDougal, our customers, or the public.

You can opt-out of receiving further marketing from McDougal. We may send you information about our various products and services, or other products and services we feel may interest you. Only McDougal (or our outside agents working under confidentiality agreements) will send you these direct mailings. If you do not want to receive these materials, you can easily opt-out of receiving further marketing from McDougal by clicking here. We will not disclose your personal information to any outside organization for its use in marketing without your consent. Information regarding you (such as name, address and phone number) will not be given or sold to any outside organization for its use in marketing or solicitation without your consent. Your information may be shared with agents or contractors of McDougal for the purpose of performing services for McDougal.

Customized Experience

At McDougal, we may use “cookies” to help us deliver customized visitor experiences. Our use of cookies or similar technology does not automatically mean that we know any information about you. We use cookies only to provide you with a better experience when using www.mcdougal.com or DataTrakR.com. McDougal has no desire or intent to infringe on your privacy while using the mcdougal.com or DataTrakR.com sites.

Third-Party Sites. Understand that other web sites, accessible through our site, may collect personally identifiable information about you. This Privacy Policy does not cover the information practices of third-party web sites linked to mcdougal.com. McDougal is not responsible for the privacy practices of the Web sites that it does not operate.

You are solely responsible for maintaining the secrecy of your passwords or any account information – be careful and responsible while online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. In fact, you probably will. While we strive to protect your personal information, McDougal cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Other Web sites. Some parts of the Web site may be enhanced using downloadable applications such as Macromedia's Shockwave/Flash, RealNetwork's Media-Player, Windows Media Player, or other similar applications, and using the video hosting services of third party sites. These sites operate under their own privacy and security policies, and we encourage you to research the way they may collect and use information by visiting their company sites.

Children's Privacy (Age 12 and Under). McDougal does not seek to collect personal information about children. If we become aware that a child is submitting personal information to us through any part of our Web site, we delete that information as soon as we discover it. We do not use it for any purpose and do not disclose it to third parties. As a result, we typically retain no information about children that could be reviewed or deleted. If a parent asks to review or delete information about their child before we discover and deleted the information, then we will honor that request.

Disclaimer

The materials in this site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, McDougal disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. McDougal does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. McDougal does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall McDougal be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if McDougal or a McDougal authorized representative has been advised of the possibility of such damages. In no event shall McDougal's total liability to you for all damages, losses, and causes of action [whether in contract, tort (including, but not limited to, negligence) or otherwise] exceed the amount paid by you, if any, for accessing this site.

Other

This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Contact McDougal

McDougal is the sole operator of the McDougal Web sites. If you would like to contact us for any reason regarding our privacy practices, please write us at the following address: 7008 Salem Avenue, Lubbock, Texas 79424.

For customers in the United States of America only.

About Us

PRIVACY POLICY