Billshark Collects Personal Information
When you register online with BILLSHARK, BILLSHARK may ask for personally identifiable information like your name, e-mail address, birth date, gender, ZIP code and other demographic information. The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your personally identifiable information. As used herein “personally identifiable information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, bank account details, taxation details, and accounting and financial information. BILLSHARK may collect Personal Information directly from You when You:
- register to use the Services,
- use the Services,
- register for the BILLSHARK Newsletter or BILLSHARK’S sweepstakes,
- contact the BILLSHARK support team, and/or
- visit our Site or blog.
If you send BILLSHARK personal correspondence, such as emails or letters, or if other users or third parties send BILLSHARK correspondence about your activities or postings on BILLSHARK, BILLSHARK may choose to collect such information into a file specific to you.
BILLSHARK may receive your personally identifiable information from one of BILLSHARK’s business partners.
Use of Personally Identifiable Information
BILLSHARK may use your personally identifiable information as follows:
—to improve BILLSHARK’s marketing and promotional efforts, analyze site usage, improve BILLSHARK’s content and product offerings, and customize BILLSHARK’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 BILLSHARK;—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 BILLSHARK’s Terms and Conditions, for other internal purposes, and as otherwise described to you at the time of collection;
Disclosure of Personally Identifiable Information
Unless you provide your affirmative consent, BILLSHARK does not sell your personally identifiable information. The following is a non-exhaustive description of the ways that your personally identifiable information may be disclosed in the normal scope of BILLSHARK’s business:
BILLSHARK may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. For example, BILLSHARK may aggregate personally identifiable information and disclose it to network advertisers in a non-personally identifiable manner as set forth in the section entitled “Network Advertising”, set forth below. BILLSHARK does not disclose your information in a personally identifiable manner to such third party advertisers without your consent. For example, only if you provide your affirmative consent by opting in on our Site will you receive offers that, based on your personally identifiable information, may be of interest to you from lead generation companies.
External Service Providers
There are a number of separate services offered by third parties, including, without limitation, BILLSHARK’s affiliates, that BILLSHARK refers to as external service providers that may be complementary to your use of BILLSHARK (e.g. realtors, mortgage brokers, lenders, financial institutions, credit card issuers, information aggregators). If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policies. With your consent, BILLSHARK may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent BILLSHARK’s disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. You should evaluate the practices of external services providers before deciding to use their services.
Internal Service Providers
Notwithstanding the foregoing, BILLSHARK reserves the right (and you authorize BILLSHARK) to share or disclose your personally identifiable information when BILLSHARK 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 interfering with another’s rights or property, including, without limitation, BILLSHARK’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.
BILLSHARK may use third-party advertising companies for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Using third-party advertising companies helps us and third-party advertisers better determine which advertisements or content to serve to you. For example, the third-party advertisers may use information regarding your visits to BILLSHARK and other Web sites in order to provide advertisements about goods and services that third party advertisers believe will be of interest to you.
The types of information that may be collected by third-party advertising companies include, but are not limited to the following:
—the type of Internet browser you use;
—the type of computer operating system you use;
—the domain name of a website you visit, as well as information related to websites and web pages you are viewing when an advertisement is requested;
—whether or not you visit specific pages of BILLSHARK or other websites;
—the location of your Internet service provider’s point of presence;
—the date and time of a visit to a website;
—search keywords passed from another server;
—the number of times you have clicked on an advertisement; and
—other interactions between you and a website.
Opt- Out and Changes to Personally Identifiable Information and Use Preferences
You may at any time request a copy of BILLSHARK’s record of your personally identifiable information, change your personally identifiable information or use preferences, or opt-out of BILLSHARK’s use of your personally identifiable information by contacting BILLSHARK at email@example.com.
Newsletters and CAN-SPAM Compliance
BILLSHARK sends only verified, opt-in e-mail newsletters, specifically requested by BILLSHARK subscribers. Subscriptions to BILLSHARK 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 BILLSHARK’s list. BILLSHARK is fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.
In providing the Services, BILLSHARK utilizes “cookies.” A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
“Web beacons,” also called single-pixels (1×1) or clear GIFs, are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the web beacon is placed. No personally identifiable information about you is shared with third parties through the use of web beacons.
Internal use of web beacons
BILLSHARK may use Web beacons internally to count users and recognize users through cookies. Access to cookies helps BILLSHARK personalize your experience when you visit BILLSHARK.
BILLSHARK may include web beacons in HTML-formatted email messages that BILLSHARK or its affiliates or agents send. Including web beacons in email messages helps BILLSHARK determine your interest in and the effectiveness of such emails.
External use of web beacons
BILLSHARK may also use web beacons externally. For example, BILLSHARK may report aggregate information about BILLSHARK users, such as demographic and usage information, to its partners and other third parties. BILLSHARK may also include other company’s web beacons within BILLSHARK’s Site.
Personally identifiable information you submit to BILLSHARK is password-protected for your privacy and security. In certain areas BILLSHARK uses industry-standard SSL-encryption to protect data transmissions. In the unlikely event that an unauthorized third party compromises BILLSHARK security measures, BILLSHARK 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
Access and Use of BILLSHARK
BILLSHARK is intended to be accessed and used only by adults and is not directed to children under the age of 18. BILLSHARK does not knowingly permit registration or submission of personally identifiable information by anyone under the age of 18.
Questions or Concerns
You agree that:
Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”).
If the dispute has not been resolved by Negotiation in accordance with paragraph A, then the parties shall proceed to mediation unless the parties at the time of the dispute agree to a different timeframe. A “Notice of Mediation” shall be served, signifying that the Negotiation was not successful and to commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within 14 days then a mediator will be chosen by an arbitrator selected pursuant to the rules of the American Arbitration Association (“AAA”) who will then select such mediator from a list of distinguished neutral mediators maintained by the AAA. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party or the mediator states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session.
During the course of the mediation, no party can assert the failure to fully comply with paragraph A, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.
All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process.
The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Any Dispute not resolved through negotiation or mediation in accordance with paragraphs A and B shall be resolved by final and binding arbitration in accordance with the rules of the AAA. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration will be held in the State of Delaware using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is final, binding and conclusive upon you and BILLSHARK and your and BILLSHARK’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence and that they are waiving their rights to other resolution processes (such as court action or administrative proceeding). In no event shall either you or BILLSHARK be entitled to punitive, special, indirect or consequential damages and both you and BILLSHARK hereby waive your and BILLSHARK’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. By using BILLSHARK you consent to these restrictions and give up your right to participate in or bring class actions.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BILLSHARK, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami-Dade County, Florida. You also acknowledge and understand that, with respect to any dispute with the BILLSHARK arising out of or relating to your use of the Site, purchase of the BILLSHARK Services, or these Terms and Conditions:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
In the event of any legal proceeding between any the party to this Terms and Conditions to enforce or defend the terms hereof, the prevailing party shall be paid all costs of such legal proceeding, including but not limited to reasonable and necessary attorney’s fees, court costs, travel, etc., by the other party.