Welcome to the DEALING WITH DEBT family of products, including an online platform owned and operated by DEALING WITH DEBT INC, which is available on www.dealingwithdebt.org (“Site”), as well as our related mobile application platform under Dealing With Debt and DWD app (collectively, the “Apps”). The Site and Apps have been created for your entertainment as well as educational and personal use.
PLEASE READ SECTIONS 22 AND 23 BELOW CAREFULLY AS THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dealing With Debt (“we,” “us” or “our”), concerning your access to and use of the Site and Apps as well as any other media form, media channel, mobile website, mobile application, or streaming service that is related, linked, or otherwise connected thereto (collectively, the “Service”).
You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Service and you must discontinue use immediately.
Supplemental Terms of Service or documents that may be posted on the Site or the Apps from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change except herein or on the Site or Apps.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site and the Apps after the date such revised Terms of Service are posted.
The information provided on the Site and the Apps are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Service.
Dealing With Debt is the “Big Tent” of social networking. Dealing With Debt’s codebase is free and open sourced, derived from the Mastodon project and licensed under the GNU Affero General Public License v. 3.0 (the “AGPLV3”). For more information, please see Legal Docs.
Unless otherwise indicated, the functionality, website designs, images, audio, video, text, photographs, graphics, and other content or material made available through the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site and the Apps “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or the Apps and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access (other than any video or other content made available through the Truth+ App, which may not be downloaded, reproduced, modified, redisplayed, retransmitted, or performed in any manner) solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Site, the Apps, the Content and the Marks.
We care about data privacy and security. We have developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of your information. Please review our Privacy Policy at Privacy Policy, which posted on the Site. You can also find it posted on the Apps. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site and the Apps are hosted in the United States.
If you access the Service from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, if applicable, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Please review our Data Privacy Policy (GDPR) as to data collection and processing for all users, including those outside the United States.
Further, we do not knowingly accept, request, target or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. To contact us: Please email us at office@us.dealingwithdebt.org and provide the username and other details as to any underage information.
By using the Service, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Service;
(4) you are not under the age of 18. The Service is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Service;
(5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site, if applicable;
(6) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Service for any illegal or unauthorized purpose;
(8) your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You may be required to register for the Service, by providing your name, date of birth, and email address as well as to create a username and password to set up your profile and your account. You agree to keep your password confidential, if applicable, and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, (a) that such username is inappropriate, obscene, or otherwise objectionable; (b) that such username is dormant, inactive or unused for an extended period of time exceeding 5 months or more; or (c) that such username is being used for user impersonation or username squatting which is a violation hereunder.
From time to time we may send you communications to the email address associated with your account or used to register for the Service. These communications may include, but are not limited to, information, new products and recommendations, special offers, and other account-related or transactional messages. These communications will also include consent request, opt-in and opt-out instructions. Also, when you register for the Service, you may receive SMS or text messages and communications from or related to this Service.
You may not access or use the Service for any purpose other than that for which we make the Service available.
As a user of the Service, you agree not to:
The Service may invite you to post comments, post opinions, chat, contribute to, or participate in chats or blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site or the Apps and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service and removal or deletion of your Contributions.
By posting your Contributions to any part of the Service or making Contributions accessible to the Service by linking your account from the Service to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Service.
You are solely responsible for your Contributions to the Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We do not support, endorse or guarantee the accuracy, truthfulness or reliability of any content or Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Service to leave reviews and ratings, post comments or replies or to otherwise communicate with other users of the Service (“Interactive Content”). When posting an Interactive Content, please use care and caution when posting or providing Interactive Content to other users. Additionally, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed or Interactive Content being posted;
(2) your Interactive Content should not contain profanity, or abusive or racist, language;
(3) your Interactive Content should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your Interactive Content should not contain references to any illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews or negative Interactive Content;
(6) you should not make any conclusions as to the legality of conduct in your Interactive Content;
(7) you may not post any false, unlawful, threatening, defamatory, harassing or misleading statements;
(8) you may not post any indecent, pornographic, profane, or other unlawful statements;
(9) you may not organize a campaign encouraging others to post Interactive Content or reviews, whether positive or negative.
We may accept, reject, or remove Interactive Content in our sole discretion. We have absolutely no obligation to screen Interactive Content or to delete Interactive, even if anyone considers reviews objectionable or inaccurate. Interactive Content is not endorsed or supported by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any Interactive Content or for any claims, liabilities, or losses resulting from any Interactive Content. By posting Interactive Content, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to Interactive Content.
Use License
If you are using an App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wire or wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the Terms of Service of the Applicense contained in these Terms of Service.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(2) violate any applicable laws, rules, or regulations in connection with your access or use of the App;
(3) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or any licensors;
(4) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(5) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
(6) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(7) use the App to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App, without appropriate consent or license.
Apple and Android Devices
The following terms apply with respect to an App obtained from either the Apple Store or Google Play, if applicable, (each an “App Distributor”):
(1) the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms of Service;
(2) we are responsible for providing any maintenance and support services with respect to the App as specified in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App;
6) you acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
As part of the functionality of the Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Service; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable Terms of Service that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms of Service that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Service via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Service.
You can deactivate the connection between the Service and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service provided by you to us (“Submissions”) are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Service may contain (or you may be sent via the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
From time to time, we may allow advertisers to display their advertisements and other information in certain areas of the Service, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Service and any services provided on the Service or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Service, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to:
(1) monitor the Service for violations of these Terms of Service;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by the Notification, a representative list of such works on the Service;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Attn: Copyright Agent
5301 Southwest Pkwy, Ste 400.
Austin, TX 78735
Email: office@us.dealingwithdebt.org
We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.
These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) AND/OR ANY CONTENT PROVIDED THEREBY, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service or any Content.
We cannot guarantee the Service or any Content will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service or any Content at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Service or any Content.
Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service and your use of the Service or receipt of Content are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
ANY DISPUTE, CONTROVERSY OR CLAIM YOU HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, A BREACH THEREOF OR YOUR USE OF THE SERVICE OR RECEIPT OR CONTENT SHALL BE EXCLUSIVELY SUBMITTED AND DECIDED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). ANY LEGAL ACTION OF WHATEVER NATURE BROUGHT BY US AGAINST YOU MAY BE COMMENCED OR PROSECUTED IN THE STATE AND FEDERAL COURTS LOCATED IN TRAVIS COUNTY, TEXAS, AND YOU HEREBY CONSENT TO SAME, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO VENUE AND JURISDICTION IN SUCH STATE AND FEDERAL COURTS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, YOU AGREE TO ABSOLUTELY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN OR TO BE INCLUDED IN ANY CLASS ACTION LAWSUITS OR INCLUSION IN ANY MULTI-PARTY ACTIONS OR SUITS AGAINST US, ANY OF OUR AFFILIATES, SPONSORS, SUBSIDIARIES, VENDORS, EMPLOYEES, AGENTS OR ANY OTHER PERSON OR ENTITY ASSOCIATED THEREWITH.
There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
THE SERVICE AND CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND ITS CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE CONTENT, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.01. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service or Content; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Service for the purpose of managing the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Service, creating a Profile or an Account, registering as a User, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Service and any policies or operating rules posted by us on the Service, including privacy policies, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Service or any Content or to receive further information regarding use of the Service or Content, please contact us at office@us.dealingwithdebt.org. Users may report “hateful conduct,” as defined by New York law, to office@us.dealingwithdebt.org.
Our collection and use of your personal information is also subject to our Privacy Policy. By signing up, you accept and agree to these Mobile Messaging Terms and our Privacy Policy.
DEALING WITH DEBT operates a website, a mobile application and related platform features available through its website (“Website”) or its mobile application (“App”). We may refer to Dealing With Debt as “we,” “us,” or “our.” We may refer to you as “you” or “your.” The purpose of this policy is to inform you about the personal information we collect, how we use and share that information, and the ways in which you can control how we use and share that information. By using our Website or our App, you agree to the terms of this policy and you expressly consent to the collection, use, and disclosure of your personal information in accordance with this policy.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for you to access our Website or App.
Account Information refers to your name, email address, mailing address, date of birth, location and phone number or similar information associated with your Account.
App refers to the Dealing With Debt mobile application.
CCPA, The California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100–1798.199.
Company (referred to as either “the Company,” “we,” “us” or “our” in this Policy) refers to Dealing With Debt Inc. Email: office@us.dealingwithdebt.org. For the purpose of the GDPR, the Company is the Data Controller and Data Processor.
Consumer, for the purpose of the CCPA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on your computer, mobile Device or any other Device by a website, containing the details of your browsing history on that website among its many uses.
Country refers to the United States of America.
Data Controller, for the purposes of the GDPR, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Data Processor, for the purposes of the GDPR refers to the Company as the legal person which processes Personal Data.
Device means any device that can access the Website or App such as a computer, a cellphone, or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by United States regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
GDPR refers to the General Data Protection Regulation, (EU) 2016/679. (Relatedly, U.K. GDPR refers to the United Kingdom’s privacy rules which adopted the privacy compliance requirements of GDPR.)
Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
Personal Information is, for the purpose of the CCPA, information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer.
Privacy Policy or Policy means this policy.
Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Website or App, to provide the Website or App on behalf of the Company, to perform services related to the Website or App or to assist the Company in analyzing how the Website or App is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated by the use of the Website or the App or from the Website or the App infrastructure itself (for example, the duration of a page visit).
User Registration Data means data collected at the time of registration on the Website or App, including your email address, name, date of birth, phone number and location as well as username and password for your profile and your Account.
Website refers to Dealing With Debt, accessible at https://us.dealingwithdebt.org/.
We may receive or collect Personal Data or Personal Information from you when you utilize the Website and App or when you voluntarily provide Personal Data or Personal Information to us. This may include the following:
We collect and maintain Account Information. When you register or sign up on the Website or App for certain features, newsletters and/or special offers, you may provide us, and we may collect, your User Registration Data.
You may elect to provide a variety of information during your interactions with us and the Website and App, such as emails you may send us, ads you respond to, comments, posts, or interactions that you may make through your Account, SMS or text messages that you may sign up for through the Website or App, and emails or newsletters that you sign up to receive from us. We, or third parties acting on our behalf, receive data from you whenever you provide us with this information.
When you access and use the Website or App from a computer, mobile phone, tablet, or other Device, we may use information about those Devices, including your browser type and Internet Protocol (IP) address. If you access the Website from a mobile phone, tablet, automobile, or other Device, we may collect and store information such as Device type, operating system version and type, wireless carrier, performance metrics of our Website or App, and other related information.
When you register for the Website or App, we may collect location information, derived from your IP address, from Devices or web browsers you use while accessing the Website or App.
We may collect data on the pages of our Website or App you visit, the time and date of your visit, and time, frequency, and duration spent on those pages, as well as the particular features you use.
Dealing With Debt may collect Personal Data or Personal Information through the use of cookies or other tracking technologies. For complete information about our cookie policy, see Section E of this Privacy Policy.
Our Website and App store content you post until you delete it. Additionally, Dealing With Debt may store backup copies of content that you post through our Website and App for archival and data redundancy purposes.
We may collect certain information through the use of log files and servers. These servers create log files as part of the process of setup and configuration. Information in a log file may include IP address (and associated geographic information), browser type, Internet service provider, date/time stamps, and other usage or statistical information.
We may receive or collect information about you from third parties or others when we use an outside service provider to display ads on the Website or App. Where these ads contain cookies that store your Personal Data or Personal Information, your Personal Data or Personal Information may be collected and stored on our servers with other information we may have already received or collected from you. This Personal Data and Personal Information is used to serve relevant ads to you and is based on items that may be considered Personal Data or Personal Information under the law, such as your IP address, browser type, time and date, and subject of advertisements clicked or interacted with, but that may be anonymized or non-personally identifiable information.
These third parties may provide us with certain information about their customers for the purposes of serving advertisements and/or marketing offers to their customers on the Website or through the App. We are not responsible for, and will assume no liability, if a business partner or other entity collects, uses, or shares any information about you in violation of its own privacy policy or any applicable laws, rules, or agreements. You are directed to review the privacy policies of any third parties that advertise on or through the Website or App.
We may use your User Registration Data, Account Information, Personal Data, and Personal Information, as well as data which we derive or infer from combinations of the foregoing, for a variety of purposes and situations, such as:
We do not sell or give your Personal Data or Personal Information to companies, or any other organization, for their own marketing purposes without your permission. We do use Personal Data and Personal Information, however, to contact you, provide you with technical support, send you notices about the Website and App or other promotional offers you have elected to receive, and to serve you with ads that are more relevant to your interests. If you provided your Personal Data or Personal Information as part of your use of the Website, the App or your Account, we may use your Personal Data or Personal Information to update you on new features and products. You may contact us at any time to request that we cease using your Personal Data or Personal Information.
Dealing With Debt may collect Personal Data or Personal Information through the use of cookies or other tracking technologies. Cookies and other tracking technologies help Dealing With Debt understand how you use the Dealing With Debt Website and App and provide us with an understanding of how our users utilize our services. Dealing With Debt’s use of cookies aids in developing or improving our services in response to your needs and wants and to provide you with relevant offers from our advertisers, where applicable.
Dealing With Debt may use session or persistent cookies. Session cookies are only stored on your computer or mobile Device while you use the Dealing With Debt services and are automatically deleted when you close your web browser or cease using the App. If you are located in Canada, the United Kingdom, or the European Union, Dealing With Debt requests your consent before storing session cookies on your computer or mobile Device.
Persistent cookies can be read by the website or mobile applications that placed the cookie when you revisit the website or mobile application. Persistent cookies authenticate you as a user and track your behavior on the website or through the mobile application. Persistent cookies thereby allow a fast, consistent user experience tailored to your preferences. Dealing With Debt requests your consent to utilize persistent cookies when you register a user account with Dealing With Debt and agree to its Terms of Use Agreement and Privacy Policy.
If you object to Dealing With Debt’s use of cookies, you can clear your web browser cache and stop using the Website or App to remove session cookies. To remove persistent cookies, clear your web browser, delete your user account, and stop using the Website or App.
Dealing With Debt uses third-party session cookies provided by Cloudflare’s BotManagement technology to protect its website from harmful automated attacks. To understand how Cloudflare uses information collected from you through this session cookie, please review Cloudflare’s Cookie Policy at the following link: https://www.cloudflare.com/cookie-policy/.
We will retain your Personal Data and Personal Information only for as long as we determine is necessary to achieve the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Your Account Information will be retained by us while your Account and profile is active. We will retain and use this information for the purposes for which it was collected (as specified in this Policy or as we disclose to you outside of this Policy), including, to provide information and products to you, comply with our legal obligations, resolve disputes, and enforce our agreements.
Your Personal Data and Personal Information is processed at our offices and data centers or the offices and data centers of our third-party partners. This means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the applicable data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your Personal Data and Personal Information, is treated securely and in accordance with this Privacy Policy and that no transfer of your Personal Data and Personal Information will take place to an organization or a country unless there are adequate access and security controls in place to maintain the same level of protection as is provided under this Privacy Policy.
We may share information that we collect with our subsidiaries, successors, or related companies for the purposes described in our respective privacy policies, and to offer, provide, and improve services and products offered both individually and jointly with these companies.
We may share information that we receive or collect, such as when you give us permission through an affirmative election (for example, clicking “yes” in response to a message or email inquiring as to whether to “share my email with this advertiser”). We may also share information if we partner with a third party to provide services on our behalf, such as credit card processors, customer support, advertising services, or bulk email processors who may send out emails on our behalf.
These companies are authorized to use your Personal Data and Personal Information only as necessary to provide these services to us. They are not authorized to use your Personal Data and Personal Information for their own, unrelated purposes.
We may also share your personal information in the good faith belief that such action is necessary to:
Additionally, we may share information we gather from Devices you use to access the Website or App with third-party vendors, manufacturers, service providers or advertising entities. We share this information for a variety of purposes, such as tracking advertising, estimating the number of users, security and fraud detection, debugging problems, and for providing you with more relevant advertisements on the Website and App.
If there is a transfer or sharing of your Personal Data or Personal Information in accordance with this Policy, we will seek assurances from the recipients of such information (prior to the transfer) that they will safeguard the information in a manner consistent with this Policy.
Dealing With Debt offers users the ability to send direct messages to their connections, allowing for more private, one-to-one communications. Dealing With Debt does not encrypt these direct messages. When you communicate with others by sending or receiving Dealing With Debt’s direct messages, we will save the messages along with certain information necessary for processing them for a specified or unspecified number of days, or as may be elected by the user. (The default setting is 365 days.)
In the event that a user reports a message for a violation of Dealing With Debt’s rules or any applicable law, Dealing With Debt typically will keep the reported message – and associated portions of the related conversation – for one year (365) days after reporting.
Remember that when you use Dealing With Debt’s Direct Messages to communicate, recipients retain their own copy. Recipients may duplicate, store, or re-send your messages. If you delete your copy of a message sent from your account, you will delete that message in your recipient’s account as well, but Dealing With Debt will retain the message for the time periods described above. Dealing With Debt does not use information collected from direct messages for advertising purposes.
You will have the ability to access and modify your Account Information on your Account, which you may do through the settings section of our Website or App at any time. You have control through settings on your Account and on your profile to limit data we collect from you and how we use it. You can also download the information you have shared with the Website and App.
Your Account Information will be retained by us while your Account and profile is active. We will retain and use this information for the purposes for which it was collected (as specified in this Policy or as we disclose to you outside of this Policy), including, to provide information and products to you, comply with our legal obligations, resolve disputes, and enforce our agreements.
Upon your registration of an Account on the Website or App, you may elect to receive promotional, marketing, or other similar emails tailored to your interests. You may change this election at any time. Additionally, you may also unsubscribe from any promotional, marketing, or other similar emails you receive. We will send you confirmation emails and other Website-related or App-related announcements when it is necessary to do so.
When necessary, we have implemented security measures designed to protect against the loss, misuse, and alteration of the information we collect or receive from you. Nevertheless, no security measures are impenetrable and there are always security risks.
We will use the information we collect in ways that are relevant and compatible with the purpose for which that information was collected or provided to us as disclosed in this Policy. We will use safeguards to ensure that all information collected, processed, and/or stored is protected from loss, destruction, or use in a manner inconsistent with our policies or the purpose for which we received it.
Our Website and App, as well as advertisements on our Website and App, may include links to other websites whose privacy practices may differ from ours. If you submit Personal Information and Personal Data to any of those websites, the privacy statements and practices of those websites govern their use of your information. Please be sure to review the privacy statement of any website you visit.
Other third parties or advertisers may utilize framing techniques to serve content to and from webpages accessible through our Website and App while preserving the look and feel of our website. Please note that you may be providing your Personal Information and Personal Data to this third-party (and not to us) in this situation.
This Privacy Policy addresses the concerns set forth by the GDPR, including what and how we collect your data, how we use and store your data, marketing, data protection rights, cookies and how we use them, relevant privacy policies of other websites, how we change our Privacy Policy, and how to contact us and appropriate privacy authorities. For information about these topics, please consult the relevant sections of this Policy.
Legal Basis for Processing Personal Data under GDPR. We may process Personal Data under the following conditions:
In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
These rules apply solely to all visitors, users, and others who are residents of the State of California (“California residents”). We adopt these rules to comply with the California Consumer Privacy Act (“CCPA”) and any terms defined in the CCPA have the same meaning when used here. Where noted, the CCPA temporarily exempts Personal Information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some of its requirements.
California residents have the right to request that we disclose what Personal Information we collect, use, disclose, and sell (if applicable). Our uses of Personal Information and instructions for submitting a verifiable Consumer request for such disclosures are detailed further below.
In particular, we collected the following categories (A, B, and F), as defined in the CCPA, of Personal Information from our Consumers within the last twelve (12) months:
We may use or disclose personal information we collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We may disclose Consumers’ Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for performing the contract. The CCPA prohibits third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We may share Consumers’ Personal Information for a business purpose to the following categories of third parties:
In the preceding twelve (12) months, Company has disclosed the following categories of Personal Information for a business purpose:
In the preceding twelve (12) months, we have not sold Personal Information.
We do not knowingly collect Personal Information from minors under the age of 16 through our Website or App, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies, and we encourage parents and legal guardians to monitor their children’s internet usage and instruct their children to never provide information on other websites without their permission.
At this time, we do not sell the Personal Information of Consumers, including Consumers we actually know are less than 16 years of age.
If a Consumer has reason to believe that a minor under the age of 16 has provided us with Personal Information, please contact us with sufficient detail to enable us to delete that information.
The CCPA provides Consumers (California residents) with specific rights regarding their Personal Information. This section describes Consumers’ CCPA rights and explains how to exercise those rights.
We do not provide these access and data portability rights for business-to-business personal information until the exemption expires.
Only a Consumer, or a person registered with the California Secretary of State that a Consumer authorizes to act on his or her behalf, may make a verifiable request related to a Consumer’s Personal Information. A Consumer’s request to us must:
We will disclose and deliver the required information free of charge within 45 days of receiving a Consumer’s verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. For data portability requests, we will select a format to provide Consumer Personal Information that is readily useable and should allow a Consumer to transmit the information from one entity to another entity without hindrance
We do not knowingly collect any information from anyone under the age of 18 without explicit parental approval as specified by the applicable privacy law. As a general matter, prospective users must enter a birthdate reflecting an age of 18 or greater when signing up for the Website or App. For more information about our policy towards minors using the Website or App, please see our Terms of Service. If you are a parent or guardian and you are aware that you child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from a minor without verification of parental consent, we take appropriate steps to remove that information from our servers.
Please see below for additional provisions, as required under the consumer privacy law of your state.
Your rights under Cal. Civ. Code § 1798.83 (Shine the Light law): We only share Personal Information (as defined) with third parties for direct marketing purposes if you either specifically opt-in, or are offered the opportunity to opt-out and elect not to opt-out of such sharing at the time you provide Personal Information or when you choose to participate in a feature on the Website or on the App. If you do not opt-in or if you opt-out at that time, we will not share your Personal Information with that identified third party for direct marketing purposes.
Your rights under Cal. Bus. & Prof. Code § 22575(b) (“Do Not Track” Browser Settings): You are entitled to know how we respond to “Do Not Track” browser settings. Like many other websites, we do not currently alter our practices when we receive Do Not Track signals as there is no consensus among industry participants as to what “Do Not Track” means in this context. However, you have the option to opt-out of interest-based advertising. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com/.
Your rights under California Privacy Rights for Minor Users (California Business and Professions Code Section 22581):California Business and Professions Code § 22581 allow California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, you can contact us, and include the email address associated with your Account. Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
If you are a resident of Nevada, you may apply limits to the sale of certain Personal Information to third parties for resale or licensing purposes, subject to applicable law. We do not sell your Personal Information for such use. You are entitled to register your preference for limits on such sales in the future by sending an email to us with the subject line, “Nevada Do Not Sell Request” along with your first and last name, zip code, and whether you are a former or current Account holder or user. Your email address must match the email address on your Account to process this request.
Our Privacy Policy will be periodically reviewed and evaluated in connection with new products, new services, new technologies, changes in law, and your needs. We may make changes or modifications to our Privacy Policy as a result thereof. Our Privacy Policy will be updated from time to time. If we make any material changes to this Privacy Policy, we will post the updated terms of the Privacy Policy on the Website and the App. Notice of such changes may include notice by email through a message sent to the email address you use to access the Website and App or to register as a user on the Website and App or posting a message on the Website or App. You are responsible for updating your Account Information to provide us with your most current email address as the email notice constitutes effective notice of said changes.
From time to time, we may conduct compliance audits of our relevant privacy practices to verify adherence to this Privacy Policy and that said Privacy Policy is current and accurate. Any employee that we determine is in violation of this Privacy Policy may be subject to disciplinary action.
Any complaints or disputes as to collection or use of Personal Information or Personal Data under this Policy shall be completely investigated to seek a resolution or cooperate with dispute resolution procedures, if applicable to the dispute.
If you have any questions about this Privacy Policy, our privacy practices or how we collect or process your personal data, please contact us – Attn: User Support at office@us.dealingwithdebt.org