PRIVACY POLICY

Last Updated: October 24, 2013

This Privacy Policy (“Privacy Policy”) sets out the types of information that the Anybill Financial Services, Inc. (“AFS,” “we,” “our,” or “us”) may collect, use, and/or disclose when you use its website and other products or services (collectively, the “Service”) and the purposes for which we may use such information.

The Terms of Service and the Privacy Policy (collectively, the “Terms”) constitute a legally binding agreement between you and AFS. By using the Service in any way, you are agreeing to be bound by and comply with the Terms. AFS reserves the right to amend, remove, or add to the Terms at any time and for any reason. If AFS makes changes to these Terms, it will notify you of these changes, including, without, limitation, by emailing or otherwise sending you a notification, posting a notice on part(s) of the Service, and/or updating the “Last Updated” date above. You should visit this page periodically to keep apprised of any changes. By continuing to use the Service after any such change(s), you accept and agree to the modified Terms. AFS reserves the right to modify or discontinue, temporarily or permanently, the Service, any features, benefits (including without limitation blocking your access to the Service or terminating your AFS Account), rules or conditions (or of any portion or area thereof), all without notice, even though such changes may affect the way you use the Service. You understand, acknowledge, and agree that AFS will not be liable to you or any third party for any modifications or discontinuance of the Service and/or any portions or areas thereof.

These Terms hereby incorporate by reference the terms and conditions of the AFS Master Service Agreement (the “Master Service Agreement”). In the event that these Terms conflict with the Master Service Agreement, the provisions of the Master Service Agreement control.

INFORMATION THAT MAY BE COLLECTED.

What Information AFS Collects.

We may collect personal information about you including, without limitation, non-public information about you that helps AFS identify you such as your name, mailing address, e-mail address, age, telephone number, password, and other demographic and non-publicly available information. As part of your use of the Services, AFS may collect information about your payment means, such as financial and bank account numbers. You may also be required to select a username and password for use on the Service. AFS reserves the right to combine personally identifiable information we collect with publicly available information or information obtained from third parties or affiliates.

We also may collect information about your use of the Service, including, without limitation: your IP address/domain name combination, any referring sites, usage statistics, browsing history, type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox, Chrome, Safari, Internet Explorer), the domain name of your internet service provider, your use of social media (e.g., Twitter or LinkedIn) in connection with the Service, any searches that your run, and/or any bookmarks that you make. AFS may collect certain information about the computer, mobile device, service provider, or other means by which the user accesses our Service, including, without limitations, the hardware model, operating system and version, MAC address, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”), and mobile network information. AFS employs various technologies and mechanisms to collect data about your use of the Service, including, without limitation, sending cookies to you. Cookies are small files, which may stored on your hard drive or in device memory, that help the Service facilitate and improve your user experience, track the frequency of use of portions, areas, and features of the Service, and account for other aspects user access and use of the Service. AFS may also use web beacons in its collection of this information. For more information about cookies, and how to disable them, please see “User Choices” below.

If you attend any conference, symposium, or other event AFS hosts, organizes, or participates in (or those of its affiliates), we may collect information from you, including, without limitations, quotes, written material, and other data, information, and materials you provide. In addition to these Terms, the use, collection, and purpose for sharing this information is governed by the terms and conditions applicable to those events. You are encouraged to refer to those specific agreements for further information.

AFS may also place web beacons for these companies within the pages on our Service. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

As described in the Terms of Service, the use of any third-party links or websites linked to the Service is governed by the third-party’s terms of service and privacy policy. AFS and the Service have no responsibility for, and disclaim herein, any third-party link or websites and your use thereof. You are encouraged to review any third party’s terms of service and privacy policies.

How We Collect Information.

You do not need to provide us with personally identifiable information in order to visit and use some of the services on our Service. However, to participate in some activities and use some services on the Service, it is necessary for you to provide personally identifiable information.

We may collect personal information from you, for example, without limitation, when you:

• Sign up for an account for the Service;
• Provide financial information to AFS or the Service;
• Interact with the Service, including, without limitation, posting an invoice to the Services or marking an invoice as paid or unpaid;
• Search any of the Service’s databases; and
• Communicate with AFS via the Service or email.

Personal information collected by AFS may be stored and processed in the United States in accordance with the laws of the United States. By using the Service, you expressly consent to the storage and processing of your personal information in the United States or elsewhere in accordance with the laws of the United States. AFS may retain your personal information for as long as AFS deems necessary.

AFS automatically receives and records non-personal information on our server logs from your browser as well as through other analysis of the Service. We also may collect information using cookies, web beacons, crawlers, scrapers, bots, or similar technologies, or through third parties using similar technologies. As mentioned above, when you visit the Service, your web browser may store cookies on your computer or mobile device, which will better enable you to navigate the Service upon return. You may use the Service even if you choose to reject or delete the cookies. Cookies also may be used by some of the other websites for which a link is placed on the Service.

How AFS May Use the Collected Information.

You hereby understand, acknowledge, and agree that AFS may use information for many purposes, including, without limitation:

• Administering the Service;
• Enabling your access to and use of the Service;
• Processing and responding to your requests and inquiries and provide services to you;
• Alerting you and sending you electronic communications regarding new developments, Service features, special events, services, or AFS news;
• Sending announcements and providing you with content;
• Confirming transactions you make through the Service;
• Improving the Service and enhancing the user experience;
• Customizing the advertising and content you see, including the display of targeted and contextual advertisements;
• Inform you of technical notices and administrative messages;
• Track user trends, usage, and activities
• Monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems of the Service;
• Analyzing our users’ demographics and interests;
• Generating anonymous and/or aggregated reporting;
• Replying to your concerns, question, and requests and otherwise maintain customer service;
• Allowing you to use interactive features of the Service;
• For fraud prevention, internal operations, legal compliance, and other public purposes;
• Enforcing the Terms of Service or this Privacy Policy; and
• Any other purpose for which the information was collected.

AFS’s Service is located and hosted within the United States and is intended for and directed to users in the United States. If you use or access the Service internationally, in a jurisdiction where the laws or regulations differ from United States laws, including, without limitation, those laws and regulations relating to privacy, data collection and use, and disclosure, you hereby understand, acknowledge, and agree that your use of the Service is governed by United States law. You further consent to jurisdiction within the United States (as provided by the Jurisdiction and Choice of Law section above), and waive any right you may have to apply the laws of any other jurisdiction or nation. You hereby understand and acknowledge that, by using the Service (and/or any portions thereof), you are transferring your personal information to the United States, and you consent to that transfer.

How AFS May Share the Collected Information.

You hereby agree that AFS may use, provide, or share information about you for a variety purposes. These include, but are not limited to:

• AFS may provide such information in connection with and responsive to a legal process or a request for information filed as part of an on-going legal action in a court of competent jurisdiction, arbitration panel, or other judicial tribunal, if AFS believes disclosure is in accordance with any applicable law, rule, or regulation, or as otherwise required by any applicable law, rule or regulation;
• AFS may disclose such information to others for purposes of outsourcing one or more of AFS’s functions to service providers who work on behalf of or with AFS under confidentiality or similar agreements including service providers, agents, vendors, advertisers, consultants and affiliates;
• AFS may disclose such information in connection with the administration of the Services, including, without limitation, the posting and designating of invoices as paid or unpaid;
• AFS may use such information to confirm or update information provided by you;
• AFS may provide such information in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of AFS’s business or operations (including without limitation in connection with bankruptcy or any similar proceedings);
• AFS may share information to others in connection with and in order to investigate or remedy potential violations of our user agreements or policies (including, without limitations, any part of these Terms), or to protect the rights, property and safety of AFS, our users or others;
• AFS may share information with others in relation to a potential, negotiated, or completed business transaction or transfers of all or a portions of AFS (its subsidiaries and/or affiliates) to another entity;
• AFS may share information with AFS’s affiliates, organizations, or other individuals or business, when a user has requested or directed AFS and/or AFS has received your consent to so; and
• AFS may share information with other parties as otherwise authorized by you.

AFS also may use and share non-personally identifiable information with third parties. Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with third parties, consultants, advertisers and/or business partners in order to analyze Service usage, demographics, interests, improve our products or services, improve our user experience, research and reporting or for similar purposes. We will not re-identify such data, and we will ask our contracting parties to agree to keep the data in its de-identified form.

USER CHOICES.

Updating, Correcting, and Deleting Account Information.

A user may update or correct information about the user by launching the Service and editing account settings within the account portion of the Service. If you wish to delete your account, please email AFS at support@anybill.com with “Delete Account” in the subject line and following any other procedure provided by the Master Services Agreement. Please be aware that, even after you delete your account, AFS may retain certain information about you, as required by law, for legitimate business purposes, or as part of AFS’s regular information retention policy. AFS may also retain cached or archived copies of information about you, for a fixed period of time, after you delete your user account. By using the Service and agreeing to be bound by the Terms, you understand, acknowledge, consent to, and agree that AFS may retain the information as described in this section and you hereby waive and release any claim, allegation, or cause of action any claim you might have against AFS arising from, concerning, or in connection with AFS retention of information as described herein.

Allowing or Rejecting Cookies.

The default setting on most web browsers (and mobile devices) is to accept cookies by default. However, most web browsers allow you elect to remove or reject browser cookies. Please note that if you choose for your web browser to remove or reject cookies, this could affect the availability, functionality, and/or usability of our Service.

MISCELLANEOUS.

Analytics Service Provided by Others.

AFS may engage others to perform analytics services for the Service. These individuals or entities may use various mechanisms (including, without limitation, utilizing cookies, web beacons, and other technologies) to collect information about your use of the Service and other websites. This collected information may include, but is not limited to, your IP address, web browser, the pages you have viewed, time spent on pages, the links you have clicked, and conversion information. AFS may utilize this information in order to, among other things, monitor user data, evaluate the frequency in which certain content on or portions of the Service are used, and more accurately comprehend your activity while using the Service.

Control Over Certain Information.

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any;
• Change/correct any data we have about you;
• Have us delete any data we have about you; and
• Express any concern you have about our use of your data.

Maintaining Security.

AFS will exercise reasonable care, including taking technical and organizational precautions, in order to protect your personal data and information from unauthorized access, loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. This data and information will only be stored on secure servers owned, controlled, or contracted for by AFS. If AFS engages a third party for its data hosting, AFS will endeavor to ensure that party has agreed to comply with the privacy standards contained herein.

Despite AFS’s obligations to make reasonable efforts to protect personal information as set forth above, no transmission of data or information over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of AFS to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, neither AFS nor our service providers can ensure or warrant the security of any information you transmit to us over the Internet. Any such transmission is at your own risk. By using the Service, you understand, acknowledge, consent to, and agree not to hold AFS responsible or liable for any damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your personal information. As stated in the Terms of Service, you further agree to defend, indemnify, and hold AFS harmless for any damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your personal information, and waive and release any claim, allegation, or cause of action that you may have for the same. Further, by using the Service, you understand, acknowledge, consent to, and agree not to hold AFS responsible for maintaining or storing your personal information or other user-generated content for any particular period of time. You further agree to defend, indemnify, and hold AFS harmless for any damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your personal information, and you waive and release any claim, allegation, or cause of action that you may have for the same.

Links to Third Party Sites.

The Service may contain links to third party websites. AFS is not responsible for the practices of third parties and encourages users to read these privacy policies associated with these third party websites before using their websites. AFS has no control over and is not responsible for the content of or claims made by websites, hyperlinks, or other services that may be linked to or from the Service (and/or any portions thereof), whether or not they may be affiliated with AFS. Any websites linked to or from the Service are for the user’s convenience only, and you access them at your own risk. Please be aware that you also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by AFS or the Service.

Information Posted on the Service That Is Provided By A Third-Party.

The Service may invoices and other information that may relate to you or your business. These are provided by third parties. By using the Service, you understand, acknowledge, and agree that this information that AFS and the Service have no responsibility for the contents of any information contained therein. You further agree to waive any claims, alleged claims, and allegations (including any brought in any judicial or adjudicative forum) you may have against AFS or the Service in connection with this information or the AFS’s posting of it.

Note on Policy on Use by Children.

The Service is directed and intended to be used by people who are thirteen (13) years or older. If you are concerned or believe that your child has provided AFS information without your consent (including, without limitation, registered an account for the Service without your consent), please contact us at support@anybill.com, and please note in the subject line of the email “Children Use.” AFS does not knowingly collect personal information from children under 13. AFS will remove personal information it later becomes aware was furnished by a child under the age of 13 (who does not have parental consent) and terminate the associated account.

Note on Use by California Residents.

If you reside in California and have provided us with your personal information, you may request certain information regarding AFS’s disclosure of personal information to third parties for their direct marketing purposes. In response to such request AFS may choose instead to provide you with a cost free means of preventing such information sharing. To make such a request, email AFS at support@anybill.com or write to the following address:

Anybill Financial Services, Attn: California Customer Choice Notice
4747 Bethesda Avenue
Suite 610
Bethesda, MD 20814

If emailing, please indicate in the subject line that this is for the “California Customer Choice Notice.”

Disclosure to Third Parties.

Without your consent or direction, and except as provided in these Terms, AFS will not share any of the personal information you provide to us with any third party other than AFS’s service providers who assist it in providing the Service. To the extent that we do share your personal information with a service provider, AFS will endeavour to ensure that party has agreed to comply with our privacy standards as described in this Privacy Policy.

Other Persons’ Personal Information.

In using the Service, you may acquire access to others’ personal information, such as names and addresses. Your use of the Service constitutes your agreement to respect others’ privacy with respect to personal information. You may not, under any circumstances, release others’ personal information to third parties, including your employees who have no need for the information, without the written consent of both AFS and the person or persons whose personal information you intend to forward. You may not, under any circumstances, use personal information obtained from the Service to send unsolicited email, facsimile transmissions, or spam, even if the person to whom you intend to send unsolicited email or spam has communicated with you in the past. You agree to immediately notify AFS of any release or breach of any third party’s personal information (including name, address, phone numbers, email addresses, account numbers, investment histories, or social security number) that occurs as a result of use of the Service under your user name. Please report any such violations to: support@anybill.com.

General.

These Terms (i.e., the Terms of Service together with the Privacy Policy), together with any other agreement(s) you have with AFS and/or the Service (including, without limitation, the Master Services Agreement), constitute the entire agreement between you and AFS and govern your use of the Service, superseding any prior agreements between you and AFS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by AFS or the Service. The section titles in these Terms are for convenience only and have no legal or contractual effect. Nothing contained in these Terms shall be deemed to constitute either a partnership, joint venture, fiduciary, attorney-client, or employee relationship, by you and AFS and/or you and other user(s), for any purpose.

Severance and Waiver:

You understand, acknowledge, and agree that if any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You further understand, acknowledge, and agree that, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

AFS’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AFS.

Contact Us.

To contact us, please email support@anybill.com or write to the following address: Anybill Financial Services, 1801 Pennsylvania Avenue NW, Suite 700, Washington, DC 20009