THIS PRIVACY POLICY DETAILS THE POLICIES ENACTED BY Ensure Financial, LLC, A FLORIDA LIMITED LIABILITY COMPANY (“Ensure Financial,” “we” “our” or “us”) RELATED TO THE COLLECTION, USE, RETENTION, AND SALE OF YOUR PERSONAL INFORMATION, INCLUDING THROUGH THE USE OF ANY SOFTWARE PROVIDED BY Ensure Financial (the “Software”). BY ACCESSING THE Ensure Financial SOFTWARE, THE PERSON MAKING ACCESS AND THE ORGANIZATION TO WHICH THAT PERSON IS ASSOCIATED OR AFFILIATED (“you”) ARE ACCEPTING THE PRACTICES, PROCESSES, AND PROCEDURES AS SET FORTH IN THIS PRIVACY POLICY.
Categories of Personal Information Collected by Ensure Financial (the “Personal Information”):
Full Names
Home and/or mailing addresses
Email address
Credit Card Numbers
Bank Account Numbers
Date of Birth
Telephone #
Login Credentials
GPS coordinates
Bank, credit or other financial account information
Location data
IP addresses
Web cookies
Chat threads and online content
Passwords
Forms submitted
Security answers
User preferences
Use of Your Information
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Software to:
Administer sweepstakes, promotions, and contests.
Assist law enforcement and respond to subpoena.
Compile anonymous statistical data and analysis for use internally or with third parties.
Create and manage your account.
Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Software to you.
Email you regarding your account or order.
Enable user-to-user communications.
Fulfill and manage purchases, orders, payments, and other transactions related to the Software.
Generate a personal profile about you to make future visits to the Software more personalized.
Increase the efficiency and operation of the Software.
Monitor and analyze usage and trends to improve your experience with the Software.
Notify you of updates to the Software.
Offer new products, services, and/or recommendations to you.
Perform other business activities as needed.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments and refunds.
Request feedback and contact you about your use of the Software.
Resolve disputes and troubleshoot problems.
Respond to product and customer service requests.
Send you a newsletter.
Solicit support for the Software.
Third-Party Categories with Whom Ensure Financial Shares Personal Information
Payment vendors we use for delivery of payments
Communication and analytics providers
Accounting partners
Business or Commercial Purpose for Collecting or Selling Personal Information
Ensure does not sell or market Personal Information. We do however use Personal Information to provide analytical information about site usage error logging / reporting and to enable payment workflow.
Third-Party Websites
The Software may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Software.
Process for Changes to this Privacy Policy
If there are any changes to this Privacy Policy or to any way that Ensure Financial handles Personal Information, users will be prompted, upon any use of our software, to accept any changes prior to the user’s continued use of the Software.
Security of Your Personal Information
We use administrative, technical, and physical security measures to help protect your Personal Information. While we have taken reasonable steps to secure the Personal Information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
Children:
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Software represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from someone under 13 years of age through the Software, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a user of the Software or has otherwise transferred Personal Information to us through the Software, please contact us here [email protected] to have that child’s personal information deleted.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request by using this link: [email protected] or by calling this number: (888) 333-8541
If you are under 18 years of age and reside in California, you have the following rights with respect to your “Personal Information”:
You have the right to demand that we stop collecting your Personal Information
You have the right to receive a free annual report detailing what Personal Information we collect, who we collect it from, who we sell it or disclose it to and for what purposes.
You have the right to demand that we delete your Personal Information.
You have the right to not be charged more or given less as a result of changes you make to your Personal Information gathering and use.
Specific language from the statute regarding these rights is listed below:
Title 1.81.5 (commencing with Section 1798.100) to Part 4 of Division 3 of the Civil Code, relating to privacy 1798.120.
(a) A consumer shall have the right, at any time, to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. This right may be referred to as the right to opt out.
(b) A business that sells consumers’ personal information to third parties shall provide notice to consumers, pursuant to subdivision (a) of Section 1798.135, that this information may be sold and that consumers have the right to opt out of the sale of their personal information.
(c) A business that has received direction from a consumer not to sell the consumer’s personal information or, in the case of a minor consumer’s personal information has not received consent to sell the minor consumer’s personal information shall be prohibited, pursuant to paragraph (4) of subdivision (a) of Section 1798.135, from selling the consumer’s personal information after its receipt of the consumer’s direction, unless the consumer subsequently provides express authorization for the sale of the consumer’s personal information.
(d) Notwithstanding subdivision (a), a business shall not sell the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale of the consumer’s personal information. A business that willfully disregards the consumer’s age shall be deemed to have had actual knowledge of the consumer’s age. This right may be referred to as the “right to opt in.”
General Contact
If you have any additional questions regarding this Privacy Policy, please contact us at by email at [email protected] or by written correspondence at Ensure Financial LLC, Attention: Legal Department, 55 MERRICK WAY, 202A, CORAL GABLES, FL 33134
Disclaimers
Ensure Financial is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through Ensure Financial Products, whether caused by Users of Ensure Financial Products or by any of the equipment or programming associated with or utilized in Ensure Financial Products and such User Content does not necessarily reflect the opinions or policies of Ensure Financial. Profiles and third party applications created and posted by Members on Ensure Financial Products may contain links to other websites. Ensure Financial is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Ensure Financial. Inclusion of any linked website on Ensure Financial Products does not imply approval or endorsement of the linked website by Ensure Financial. When you access these third party sites, you do so at your own risk. Ensure Financial takes no responsibility for third party advertisements or third party applications that are posted on or through Ensure Financial Products, nor does it take any responsibility for the goods or services provided by its advertisers. Ensure Financial is not responsible for the conduct, whether online or offline, of any User of Ensure Financial Products. Ensure Financial assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Ensure Financial is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Ensure Financial Products or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Ensure Financial Products. Under no circumstance shall Ensure Financial be responsible for any dispute between you and any third party financial institution or credit card issue with whom you have a separate, independent relationship and for which Ensure Financial may provide credit card processing Under no circumstances shall Ensure Financial be responsible for any loss or damage, including personal injury or death, resulting from use of Ensure Financial Products, attendance at a Ensure Financial event, from any User Content posted on or through Ensure Financial Products, or from the conduct of any Users of Ensure Financial Products, whether online or offline. Ensure Financial Products are provided “AS-IS” and as available and Ensure Financial expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ensure Financial cannot guarantee and does not promise any specific results from use of Ensure Financial Products.
Limitation on Liability
IN NO EVENT SHALL Ensure Financial BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF Ensure Financial PRODUCTS, EVEN IF Ensure Financial HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Ensure Financial’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Ensure Financial FOR Ensure Financial PRODUCTS DURING THE TERM OF MEMBERSHIP.
International Users
Ensure Financial Products is controlled, operated, and administered by Ensure Financial from its offices within the United States. If you access Ensure Financial Products from a location outside the United States, you are responsible for compliance with all applicable laws. Software available in connection with Ensure Financial Products (the “Software”) is further subject to United States export controls. No Software may be downloaded from Ensure Financial Products or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes
This Agreement, and all legal issues arising from or related to the use of Ensure Financial Products, shall be construed in accordance with and governed by the laws of the State of Delaware applicable to contracts entered into and performed within the State of Delaware, without respect to its conflict of laws principles. By using Ensure Financial Products, you agree that the exclusive forum for any claims or causes of action arising out of your use of Ensure Financial Products shall be either any state court for or within Miami, State of Florida and the United States District Court for the District of Florida. You hereby irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such proceeding brought in such court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and Ensure Financial with respect to the use of Ensure Financial Products. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION (INLCUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Indemnity
You agree to indemnify and hold Ensure Financial, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Ensure Financial Products in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through Ensure Financial Products causes Ensure Financial to be liable to another.
Disclaimer of Warranties
Ensure Financial DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ensure Financial DOES NOT WARRANT THAT ACCESS TO OR USE OF ANY WEB SITE, INCLUDING THE Ensure Financial PRODUCT, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OR PERFORMANCE OR QUALITY. Ensure Financial FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF “LICENSEE MATERIALS” THAT ARE PROVIDED YOU BY ANY THIRD PARTY. ALSO, THERE IS NO WARRANTY OF TITLE OR NON-INFRINGEMENT OR QUIET ENJOYMENT WITH RESPECT TO ANY CONTENT, SERVICES OR WEB SITES REFERENCED OR PROVIDED UNDER THIS AGREEMENT.
Dwolla ACH Services
Ensure Customers using Dwolla (requires Verified Customer Record)
In order to use the Dwolla ACH payment functionality of the Ensure application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize Ensure to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Ensure application, and Dwolla account notifications will be sent by Ensure and/or you the end the customer, not Dwolla. Ensure will provide customer support for your Dwolla account activity, and can be reached at [email protected]
Receive-Only Dwolla recipients
This section (16.2) pertains to Receive-only ACH recipients (Suppliers, Vendors and other ACH recipients of Ensure customers using Dwolla services whom receive funds but do not initiate/send funds).
You expressly authorize Ensure’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize Ensure to collect and share with Dwolla your personal information including full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available at https://www.dwolla.com/legal/privacy.
Other
You agree to pay all charges for the services provided to you, unless another entity has entered into an agreement with Ensure Financial to pay for the Ensure Financial Products.
This Agreement is accepted upon your use of Ensure Financial Products and is further affirmed by you becoming a Member. This Agreement, along with the Non-Exclusive Licensing Agreement (“Licensing Agreement”) through which you have access—which is incorporated herein by this reference—constitutes the entire agreement between you and Ensure Financial regarding the use of Ensure Financial Products. In the event of any conflict between Licensing Agreement and this Agreement, the Licensing Agreement shall control. The failure of Ensure Financial to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Ensure Financial Products is a trademark of Ensure Financial LLC This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please email us at: [email protected] with any questions regarding this Agreement.