Privacy Policy

Safe Harbor Privacy Policy

ClickPoint complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal informationfrom European Union member countries. ClickPoint has certified that it adheres to the Safe Harbor Privacy Principals of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/

We have prepared this Privacy Policy to enable you to understand which personal information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

Personal Information

On some pages of our clients’ websites, users can register to purchase products or services, receive personalized content and participate in surveys or forums. When you register, you may be asked for some “Personal Information” which may include, but may not be limited to, your full name, postal address, phone number and email address. You may be contacted with information about the company’s products and services.

If you purchase products or services, we may also request financial information such as credit card or bank account information. Any financial information collected is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.

How data is transmitted to ClickPoint

ClickPoint is proprietary hosted software developed by ClickPoint in Scottsdale, Arizona, USA. This product/service is essentially a portal or conduit that allows companies who provide a variety of offers (auto loans, education inquiries, Payday Loans for example) on the Internet to post the data they collect to potential 3rd party buyers or providers of such services. ClickPoint facilitates the distribution of collected data. ClickPoint respects the privacy of the data that is collected, and as a result, we have developed this website privacy policy. The website privacy applies only to the operation of websites and clients that post data directly in to us for real-time distribution.

When a form, survey or application is completed on one of our clients websites the information is posted to ClickPoint automatically. And, based on pre-set filters and intelligence that are established by or for our clients in advance, that information posts OUT to one or more potential buyers almost instantly. The systems receiving the information make a determination (based on pre-set criteria and possible validation) of whether or not they find the information credible. Within seconds, their systems respond back to ClickPoint with an electronic Success or Fail message.

A successful response means they will “act” upon the information provided on the web page by agreeing to provide the service to the applicant. A fail response means something in the application is incorrect or the applicant may not qualify for the particular loan or offer. For example, in the case of a short term loan, a person finds a website that offers the service. They complete the application and click “submit.” The data posts IN to ClickPoint then out to a potential lender/buyer with the “lead.” If you qualify, their system responds to our system with a unique code (URL) where we provide you (on the original website partner’s behalf) with the opportunity to complete the transaction via an e-signature page. Once that is complete, the lender wires the funds to your bank account. If it fails, we try another lender or provide a page that informs the client they didn’t qualify for the loan.

Client adherence to regulations

Prior to accepting any new clients, we provide them with an Agreement to our Terms and Conditions which must be signed by an agent authorized to enter into such agreements. We place an emphasis on the legality of solicitation of information as it pertains to the CAN-SPAM Act of 2003. It reads as follows:

“Partner Data” shall mean information input into the Software interface by Partner.

PARTNER AND AFFILIATE POLICY REQUIREMENTS.

Each party and its Affiliates must meet the minimum basic requirements listed below to qualify to participate using the ClickPoint Service:

You may contact ClickPoint to arrange for ClickPoint to review questionable campaigns for compliance prior to campaign launch. Campaigns will be deemed acceptable to ClickPoint on a case by case basis. Partner shall comply with the CAN-SPAM Act when sending ClickPoint URLs (code) to Partner’s subscribers or, if Partner’s Affiliates are sending newsletters or mailing list emails, then the Affiliate must comply with the CAN-SPAM Act when sending such newsletters or emails with ClickPoint code in the email.

ClickPoint does not permit non-compliance with the CAN-SPAM Act. If Partner’s domain is listed on SpamHaus, and SpamHaus will not remove the Partner’s domain, ClickPoint will take appropriate steps to assist the Partner in finding a resolution. If a resolution cannot be found by the parties, Partner must be removed from ClickPoint’s IP space within 2 weeks from the date that written notice is provided to Partner by ClickPoint. If Partner does not remove itself from ClickPoint’s IP space within such 2-week time period, then ClickPoint reserves the right to terminate the Agreement (and Partner's use of the Site and/or the Services) immediately, without liability to ClickPoint and within 30 days of termination ClickPoint will transfer all Partner Data to Partner. You and your Affiliates must be in compliance with the CAN-SPAM Act. Unless otherwise stated in this section 1, ClickPoint reserves the right to ask Partner to cure the violation or it may provide Partner with 14 days notice of termination.

In addition to the above, we require all of our clients to adhere to a Suppression List and Opt-out notification on all unsolicited emails.

Additional Information

As a security measure and to ensure that our website and computer network remain available to all customers, ClickPoint may use software programs to monitor network traffic or to identify unauthorized attempts to upload or change information, or otherwise cause damage. These software programs may also collect information regarding your use of our website and computer network.

You may also be asked to disclose Personal Information to us so that we can provide technical support assistance and information to you. For example, we may collect Personal Information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting. If you choose to correspond with us through electronic communication (e.g. email, online chat or instant messaging), we may retain a copy of the electronic communication together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Server Hosting Data Collection

As a server hosting service provider, ClickPoint provides access to servers (which are located in the United States) for customers around the globe to store and manage their data and applications. ClickPoint does not own this specific data and is not a “controller” as outlined in the EU Directive. To the extent that any of our customers or our client’s customers are exposed to customer or user data, ClickPoint adheres to the Safe Harbor Privacy Principles.

Information Released

ClickPoint may release some customer Non-Personally Identifiable information, the website’s traffic patterns, and related website ClickPoint information to our affiliates and reputable third parties on an aggregated basis. We take measures to select product or service providers that are responsible and afford similar privacy protections to their customers. However, we do not make any representations about the practices and policies of these companies.

ClickPoint may share or disclose Personal Information with Agents (“Agents” are persons or companies who act on behalf of or under the instructions of ClickPoint) in connection with administering or delivering ClickPoint products and services. Prior to disclosing Personal Information to its Agents, ClickPoint will either: (a) ensure that the Agent subscribes to the Safe Harbor Privacy Principles, (b) assess whether the Agent is subject to the EU Directive, (c) determine that the Agent complies with another “adequacy” finding or (d) execute a written agreement with the Agent requiring the Agent to provide at least the same level of privacy protection as the Safe Harbor Privacy Principles. ClickPoint will not otherwise disclose your personally information to third parties without first obtaining your consent pursuant to the Opt-In and Opt-Out Provisions below.

SPECIAL CASES OF RELEASE

Both Personal Information and Non-Personally Identifiable information may be transferred to a third party:

  1. As required by law, in a matter of public safety or policy, or as compelled by a court of law
  2. In the event of a change of ownership or assets; and
  3. To affiliated entities of common control, such as subsidiaries and parent companies. The use of your information by these affiliates of common control will comply with this Privacy Policy.

Cookies

ClickPoint websites as well as most of the ClickPoint client websites uses cookies (i.e., small bits of text that our servers place into a file on your computer’s hard drive). Cookies are used to save your preferences and login information, and provide personalized functionality. Cookies may also store Personal Information (defined below) you have entered so that you do not have to continually reenter the same information. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the website you would be accessing.

ClickPoint may also allow third party advertisers on our website to send cookies, but these advertisers do not have access to read ClickPoint cookies. Other company’s use of their cookies are subject to their own privacy policies, not this one.

Contacting You Directly

ClickPoint customers may contact you directly through the email address or other information you provide to confirm information or purchases we have successfully received from you. ClickPoint customers may also contact you to respond to your questions, to provide the services you request, to manage your account, and/or to inform you of any service announcements.

Opt-Out Provision

If you don’t want to receive promotional materials from our marketing partners, you may opt out at any time. You may “opt out” by clicking on the box marked “I DO NOT WISH TO RECEIVE SPECIAL COMMUNICATIONS FROM (Name and address of company)” when you register for an account or at any time afterwards by contacting them directly. If you don’t get a timely response from them, please contact us at info@ClickPointSoftware.com. When properly opting-out, our clients should take reasonable efforts to delete a user’s Personal Information from its database. However, please note that it may be impossible to entirely delete a user’s Personal Information because some residual information may reside on backups or records of deletions.

ClickPoint customers should always offer you the opportunity to opt out before your Personal Information is:

  1. disclosed to a third party that is not an Agent of ClickPoint; or
  2. used for a purpose that is inconsistent with the purpose(s) for which it was originally collected (as we have explicitly described to you in this Privacy Policy or at the time you provided such information) or as you subsequently authorized.

Additionally, if a user’s Personal Information to be disclosed or used in the above situations is “Sensitive Information” (i.e. Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), ClickPoint customers should first obtain your explicit consent by requiring you to “opt in” prior to such uses or disclosures of Sensitive Information.

Third Party Sites

ClickPoint client’s websites may include links, ad banners, etc. to other websites which may or may not be affiliated with them. Notwithstanding any affiliation, ClickPoint does NOT control and is NOT responsible for the information and/or content you provide to and transactions you engage in with such third party sites. Please be aware that the operators of these other websites may collect and use different information about you that is not consistent with ClickPoint Privacy Policy. For any concerns as to the privacy of your information on these websites, please refer to their respective privacy policies.

Children

In accordance with the Children’s Online Privacy Protection Act (COPPA), ClickPoint does not knowingly collect or solicit any Personal Information from children under the age of thirteen (13).

How We Protect Your Information

ClickPoint has employed the use of electronic security measures to protect against the loss, theft, misuse, alteration, or unauthorized disclosure of your information submitted to our website. These measures include firewalls, use of passwords, anti-virus and detection software.

When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (“SSL”) technology. However, please note that electronic communication (e.g. email, online chat or instant messaging) that you may send to us may not be secure unless we advise you in advance that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information, social security numbers or passwords to us through unsecured electronic communication.

Content Placed In Public

Some pages of ClickPoint customers websites may make chat rooms, forums, mesClickPointe boards, news groups or instant messaging available to you. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing Personal Information in these areas. Don’t disclose information in these public forums that might be considered confidential and such as financial information, social security numbers, passwords or email addresses. Users should be aware that when they voluntarily disclose Personal Information on the bulletin boards or in the chat areas, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messagesfrom others who post on such sites and are beyond the control of ClickPoint.

You represent and warrant that posting content to any public area of ClickPoint clients’ websites will not infringe or violate the rights, including but not limited to intellectual property rights, such as copyrights, patents, trademarks and trade secrets and rights of privacy and publicity of any third party.

Transfer of Data Abroad

If you are visiting the website of a ClickPoint customer from a country other than the countries in which our servers are located (currently the United States), the various communications will necessarily result in the transfer of information across international boundaries. By visiting their website and communicating electronically with them, you consent to the processing and transfer of your data as set out in this Privacy Policy.

Access to Your Personal Information and Correction of Inaccuracies

If you wish to access and/or update the Personal Information that has been collected from you, you may either a) as a registered user, log onto the ClickPoint client website and view or change your information online or b) contact them directly at the address they provide on their site or c) contact us at info@ClickPointSoftware.com. Personal information may reside on our servers for up to seven years and no less than two years.

Modifications to the Privacy Policy

ClickPoint hereby reserves the right to amend, alter, modify, replace or suspend this Privacy Policy, from time to time, in its sole discretion. All such changes to this Privacy Policy will be effective when posted on the ClickPoint website and noted with the most recent date of the amendment to the policy.

Ensuring Compliance with the Privacy Policy

ClickPoint uses a self-assessment approach to ensure compliance with this Privacy Policy and periodically verifies that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Safe Harbor Privacy Principles. Questions

If you have any questions about this Safe Harbor Privacy Statement, or if you would like to request access to EU Personal Data that we may maintain about you, please contact us at the address shown below. In the case of a dispute that can’t be handled through normal means, we agree to use JAMS (Judicial Arbitration and Mediation Services, Inc.) as a third part arbitrator. Any questions regarding this Safe Harbor Privacy Statement should first be directed to the ClickPoint contact provided. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you may then contact the local data protection authorities in your EU member state for further information.

ClickPoint

5425 E. Bell Rd Suite 143
Scottsdale, AZ 85254 United States
Phone: 1-866-372-9431
Fax: 1-866-301-9362
Email: info@clickpointsoftware.com

Effective Date of This Privacy Policy

This Privacy Policy is effective as of June 21, 2012.