Registration for Newsletters
BILLSHARK collects personally identifiable information from you if you register online for one of BILLSHARK’s newsletters and when you enter BILLSHARK’s sweepstakes. 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.
Use of BILLSHARK Site or BILLSHARK Services
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 info@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.
“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. BILLSHARK, its external service providers, internal service providers, and third-party advertising companies, may set and access cookies on your computer to track and store preferential information about you. BILLSHARK, and its external service providers, internal service providers, and third-party advertising companies gather anonymous information about you through cookie technology on an aggregate level only. For example, a third-party advertising company may assign a cookie (and a web beacon, described below) to you, to limit the amount of times you see a particular advertisement or to help better determine which advertisements to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer.
“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:
(i) BILLSHARK shall be deemed solely based in the State of Florida; and
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING BILLSHARK YOU CONSENT TO THESE RESTRICTIONS.
You and BILLSHARK shall select the arbitrator, and if you and BILLSHARK 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 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 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, 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.
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 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.