BILLSHARK Privacy Policy

Effective Date of Current Privacy Policy: December 1, 2018

  • This policy (the “Privacy Policy”) describes what information is collected from users of this website and any related sites and applications that we own or operate (the “Platform”), and explains how the information is used and how it can be updated or deleted. This Privacy Policy also applies to information we collect in the course of performing services (the “Services”). Any individual or business that accesses or uses the Platform, or requests or receives Services (referred to herein as “you” or “Customer”) agrees to this Privacy Policy by doing so. This Privacy Policy should be read together with the Customer Terms of Use (the “Customer Terms”) located at www.billshark.com/terms to fully understand all of the terms and conditions that govern our relationship with you. Any defined terms used in this Privacy Policy and not otherwise defined herein have the meanings set forth in the Customer Terms.

    A. Collection of Personal Information

    You give us your implied consent to collect your personally identifiable information when you request our Services, access the Platform, or communicate with us directly or indirectly. We may collect your information when you communicate with us in writing, online, or by speaking to our team members. We also may collect information through the use of technology through the Platform as described below. Although we collect your information primarily from you, we may also collect information from other sources including our business partners or other third parties who represent that they have a right to disclose that information.

    We limit our collection of personally identifiable information to that which we identify as necessary for appropriate purposes. We shall collect such information by fair and lawful means.

    The information we gather enables us to provide the Services and personalize, improve and continue to operate the Platform. 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 that can be used to identify an individual, and may include information such as the individual’s name, email address, telephone number, account details, and financial information.

    You can always choose not to provide your personally identifiable information to Company or withdraw your consent for Company to use the information, but it may mean that we are unable to provide you with the Services. Company retains your information as necessary to provide the Services, resolve disputes, provide customer support and troubleshoot problems as permitted by law and pursuant to Company’s Customer Terms, and as otherwise set forth in this Privacy Policy.

    B. Information Collected

    The personally identifiable information and other information that we collect varies depending on your use of the Platform and the specific Services you request. The information that we may collect from you includes the following:

    • Contact information such as name, mailing address, email address, and telephone number;

    • Identifiers such as account number, password, username

    • Information about preferences in marketing and purchasing

    • Provider account details necessary for the performance of Services

    • Date of birth;

    • Social security number:

    • Banking details, payment card information, or other information needed to process payments to or from you;

    • Demographic information such as your gender, profession, and education;

    • IP and MAC addresses, location, and browser information;

    • Mobile network information and device information

    If you send Company personal correspondence, such as emails or letters, or if other users or third parties send Company correspondence about your activities or postings on Company, Company may choose to collect such information into a file specific to you.

    C. Use of Personally Identifiable Information

    Company may use your personally identifiable information as follows:

    • to process your enrollment and requests for Services and to perform such Services;

    • to communicate with you about the Services

    • to bill you and collect payment for Services;

    • to perform customer support functions and respond to issues arising from the Services and your use of the Platform

    • to improve our marketing and promotional efforts, analyze Platform usage, improve our content and service offerings, and customize our content, layout, and the Platform;

    • to identify and inform you about services and products from Company and Company’s business partners that may be of interest to you, including by using targeted banner advertisements and sending communications relevant to your use of the Platform and/or Services;

    • for troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, enforcing our Customer Terms, and meeting our legal and regulatory obligations;

    • for other internal purposes such as reporting, management, and in connection with Company’s financial, accounting, legal, and administrative functions; and

    • as otherwise described to you at the time of collection.

    D. Disclosure of Information

    Unless you provide your affirmative consent, Company 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 Company’s business:

    1. To Your Providers

    The Services you request may require us to contact providers of products and services to you in order to negotiate on your behalf. In the course of performing these Services, we may share certain identifying information you provide to us with these providers.

    2. To Our Internal Service Providers

    We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our operations or the Services or Platform that Company provides to you (e.g., technology, payment processors, newsletters/alerts, analytical tools, advertising campaign management) and therefore Company may provide some of your personal information directly to these internal service providers. These internal service providers are subject to confidentiality agreements with Company or other legal restrictions that prohibit their use of the information Company provides them for any other purpose except to facilitate the specific outsourced Company 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.

    3. To Our Internal Service Providers

    There are a number of separate services offered by third parties, that Company refers to as external service providers, that may be complementary to your use of Company. 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, Company may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent Company’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.

    4. To Advertisers

    Company 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. Company 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 the Platform will you receive offers that, based on your personally identifiable information, may be of interest to you from lead generation companies.

    5. For Legal Reasons

    We reserve the right (and you authorize Company) to share or disclose your personally identifiable information when Company 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 our Customer Terms;

    – you are interfering with another’s rights or property, including, without limitation, Company’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.

    6. Due to Company Reorganization

    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 Company. Company specifically reserves the right to transfer personally identifiable information collected by us, 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 our ability to transfer all or part of our business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.

    7. Disclaimer

    Company 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), Company 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 Company uses industry standard practices to protect your privacy, Company does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

    E. Network Advertising

    Company 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 the Platform 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 Company 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.

    F. Opt- Out and Changes to Personally Identifiable Information and Use Preferences

    You may at any time request a copy of our record of your personally identifiable information, change your personally identifiable information or use preferences, or opt-out of Company’s use of your personally identifiable information by contacting us at the addresses listed below.

    G. Newsletters and CAN-SPAM Compliance

    Company sends only verified, opt-in e-mail newsletters, specifically requested by subscribers. Subscriptions to our 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 our newsletter list. Company is fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

    H. Use of Tracking Technology

    1. Cookies

    Company utilizes “cookies” in connection with provision of the Platform and Services. 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. The Company and some of our 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 Platform 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 Platform.

    2. Web beacons

    “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. Company may use Web beacons internally to count users and recognize users through cookies. Access to cookies helps Company personalize your experience when you visit Company. Company may also include web beacons in HTML-formatted email messages that Company or its affiliates or agents send. Including web beacons in email messages helps Company determine your interest in and the effectiveness of such emails. Company may also use web beacons externally. For example, Company may report aggregate information about Company users, such as demographic and usage information, to its partners and other third parties. Company may also include other company’s web beacons within Company’s Site.

    I. Security

    Personally identifiable information you submit to Company is password-protected for your privacy and security. In certain areas Company uses industry-standard SSL-encryption to protect data transmissions. In the unlikely event that an unauthorized third party compromises Company security measures, Company 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.

    J. Third Party Websites and Links

    The Platform contains links to and from websites operated by third parties. The links are provided for convenience only. Company does not review third party websites and is not responsible for them. Third party sites are not covered by this Privacy Policy or the Customer Terms and are subject to different privacy policies and terms and conditions. If you access such third party websites, you should read the applicable privacy policy and terms. Company will not be liable for any act or omission of any third parties that operate websites linked to the Platform, or for damages arising from your use of any website, service or platform that Company does not furnish.

    K. Underage Access and Use of Platform

    Company complies with all Federal laws and regulations, including the Children’s Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13. The Platform is intended to be accessed and used only by adults and is not directed to children under the age of 18. Company does not knowingly permit registration or submission of personally identifiable information by anyone under the age of 18.

    L. Changes to this Privacy Policy

    From time to time we review this Privacy Policy to ensure that it complies with applicable law and our then-current policies and procedures. Consequently, we reserve the right to update and revise this Privacy Policy at any time. You will know if this Privacy Policy has been revised since your last visit to the Platform by referring to the “Effective Date of Current Policy” date at the top of this page. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued access and use of the Platform and/or the Services following the posting of any such changes shall automatically be deemed your acceptance of the same.

    M. Dispute Resolution

    This Privacy Policy is a part of the Agreement that you enter into with us by accessing or using the Platform or requesting or receiving Services. As such, it is subject to the dispute resolution provisions of the Agreement as set forth in the Customer Terms.

    AS A PARTY TO THE AGREEMENT, YOU ARE AGREEING THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE CUSTOMER TERMS. 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 ARBITRATION OR LAWSUIT INVOLVING ANY DISPUTE WITH COMPANY ARISING UNDER THIS PRIVACY POLICY AND YOU ARE AGREEING THAT YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

    Please be certain that you understand these dispute resolution obligations and discuss any concerns with your attorney.

    N. Language

    This Privacy Policy may be published in a number of languages for information purposes and ease of access by customers. It is only the English version that is the legal basis of the relationship between you and Company, and in case of any discrepancy between a non-English version and the English version of this Privacy Policy, the English version shall prevail.

    O. Company Contact Information

    Written notices to Company required pursuant to this Agreement must be sent to support@billshark.com