BILLSHARK Privacy Policy

Effective Date of Current Privacy Policy: March 1, 2018

This Privacy Policy outlines how BILLSHARK collects, uses and stores information from our users. By using this BILLSHARK website (the “Site”) or the BILLSHARK Services, you agree to this Privacy Policy and the BILLSHARK Terms and Conditions located at https://www.billshark.com/terms/. Any defined terms used herein and not otherwise defined shall have the meanings ascribed thereto in our Terms and Conditions.

 

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.

You can always choose not to provide Your personally identifiable information to BILLSHARK, but it may mean that we are unable to provide You with the Services. BILLSHARK retains this information as necessary to provide the BILLSHARK Services, resolve disputes, provide customer support and troubleshoot problems as permitted by law and pursuant to BILLSHARK’s Terms and Conditions, and as otherwise set forth in this Privacy Policy.

 

Correspondence

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.

 

Business Partners

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;
—as otherwise set forth in this Privacy Policy

You agree to BILLSHARK’s use of your personally identifiable information as set forth in this Privacy Policy and the Terms and Conditions.

 

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:

 

Advertisers

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

BILLSHARK may use third parties that BILLSHARK refers to as internal service providers to facilitate or outsource one or more aspects of BILLSHARK’s business, product and service operations that BILLSHARK provides to you (e.g., technology, bill payment, forums, newsletters/alerts, analytical tools, advertising campaign management) and therefore BILLSHARK may provide some of your personal information directly to these internal service providers. These internal service providers are subject to confidentiality agreements with BILLSHARK or other legal restrictions that prohibit their use of the information BILLSHARK provides them for any other purpose except to facilitate the specific outsourced BILLSHARK 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, 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 or may be violating this Privacy Policy or BILLSHARK’s Terms and Conditions;
—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.

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 BILLSHARK and/or its affiliates. BILLSHARK specifically reserves the right to transfer personally identifiable information collected by BILLSHARK, 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 BILLSHARK to transfer all or part of its business and/or assets (including BILLSHARK) 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, BILLSHARK 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), BILLSHARK 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 BILLSHARK uses industry standard practices to protect your privacy, BILLSHARK does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

 

Network Advertising

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 support@billshark.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.

 

Cookie technology

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

“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.

 

Email

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.

 

Security

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

BILLSHARK may include links to other third party websites. Such links are not an endorsement by BILLSHARK of those websites and/or the products or services offered thereon. Third party websites may have different privacy policies and BILLSHARK is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, BILLSHARK encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy.

 

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.

 

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 Site 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 BILLSHARK 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 of support@billshark.com.

You agree that:
Any dispute arising out of or relating to this Privacy Policy, including the alleged breach, termination, validity, interpretation and performance thereof (“Dispute”) shall be resolved with the following procedures:

A. Negotiation
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”).

B. Mediation
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.

C. Arbitration
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.

 

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 BILLSHARK from time to time, shall survive your acceptance of this Privacy Policy.