Last Updated: December 10, 2007
Bankrate, Inc., a Florida corporation (“Bankrate”), owns and operates this Web site and portions of other Web pages and Web content through which you have accessed this Privacy Policy (collectively, this “Site”). By visiting, using and/or submitting information to this Site, you are accepting the practices described in this Privacy Policy and the terms and conditions of Bankrate’s Agreement of Terms of Use located at the URL http://www.ncsreporting.com/TermOfUse.aspx (the “Terms of Use”).
Bankrate takes your privacy seriously, and has published this Privacy Policy to explain how Bankrate treats all information you may submit to this Site, except that information which is submitted pursuant to a sweepstakes entry. Refer to the Official Rules and Privacy Policy for each individual sweepstakes for Bankrate's specific policies regarding information sharing and disclosure pursuant to sweepstakes entry.
Collection of Personally Identifiable Information
Many of the features of this Site are available to you without your
providing personally identifiable information. Personally identifiable
information generally includes information that could be used to determine your
identity, such as your name, address, phone number, e-mail address, and birth
date. The following are certain situations in which Bankrate may collect
personally identifiable information from you:
Use of Personally Identifiable Information
Bankrate uses your personally identifiable information as follows:
You expressly agree to Bankrate's use of your personally identifiable information as set forth in this Privacy Policy and the Terms of Use.
Disclosure of Personally Identifiable Information
Unless you are entering one of Bankrate’s sweepstakes, Bankrate does not currently sell your personally identifiable information. The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business:
NOTE: If you click to apply for a credit card on this Site, you may be linked to an external service provider’s Web site. If you choose to apply for an external service provider’s credit card, then all information you disclose will be governed by the external service provider’s privacy policy. Such links to external service providers are not an endorsement by Bankrate of those external service providers and/or the products or services offered there. Bankrate is not responsible for the privacy practices of external service providers and encourages you to check the privacy policy of external service providers.
Notwithstanding the foregoing, Bankrate reserves the right (and you authorize Bankrate) to share or disclose your personally identifiable information when Bankrate determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
Personally identifiable information and other personal information collected from you may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a “Transfer”) involving Bankrate and/or its affiliates. Bankrate specifically reserves the right to transfer personally identifiable information collected from this Site, and any of its databases, together with any personally identifiable information contained therein, to a third party in connection with a Transfer, and nothing in this Privacy Policy is intended to interfere with the ability of Bankrate to transfer all or part of its business and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.
In addition, due to the existing regulatory environment, Bankrate cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), Bankrate may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although Bankrate uses industry standard practices to protect your privacy, Bankrate does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.
NOTE: If you are submitting personally identifiable information pursuant to sweepstakes entry, Bankrate reserves the right to share, loan, rent and/or sell the personally identifiable information that you submit with its affiliates and other third parties. Please refer to the Official Rules and Privacy Policy for each individual sweepstakes for the specific guidelines regarding information sharing and disclosure.
Network Advertising
Bankrate may use third-party advertising companies for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Using third-party advertising companies helps us and third-party advertisers better determine which advertisements or content to serve to you. For example, the third-party advertisers may use information regarding your visits to this Site and other Web sites in order to provide advertisements about goods and services, that third party advertisers believe will be of interest to you.
The types of information that may be collected by third-party advertising companies include the following:
If you would like to opt-out of third-party advertising companies' use of such information, click here. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Opt- Out and Changes to Personally Identifiable Information and Use Preferences
You may at any time request a copy of Bankrate’s record of your
personally identifiable information, change your personally identifiable
information or use preferences, or opt-out of Bankrate's use of your personally
identifiable information by contacting Bankrate via any of the methods set
forth below:
If you would like to opt-out of third-party advertising companies' use of your information for the network advertising purposes described above, click here.
Newsletters and CAN-SPAM Compliance
Bankrate sends only verified, double-opt-in e-mail newsletters, specifically
requested by Bankrate subscribers. Subscriptions to Bankrate newsletters are
verified by sending an e-mail confirmation to your e-mail address, which
requires a positive response before an e-mail address is added to
Bankrate’s list. Bankrate is fully compliant with the Controlling the
Assault of Non-Solicited Pornography and Marketing Act of 2003.
Cookie technology
"Cookies" are alphanumeric identifiers in the form of text files that
are inserted and stored by your Web browser on your computer's hard drive.
Bankrate, its external service providers, internal service providers, and
third-party advertising companies, may set and access cookies on your computer
to track and store preferential information about you. Bankrate, and its
external service providers, internal service providers, and third-party
advertising companies gather anonymous information about you through cookie
technology on an aggregate level only. For example, a third-party advertising
company may assign a cookie (and a Web beacon, described below) to you, to
limit the amount of times you see a particular advertisement or to help better
determine which advertisements to serve to you. Please note that most Internet
browsers will allow you to stop cookies from being stored on your computer and
to delete cookies stored on your computer.
Web beacons
”Web beacons”, also called single-pixels (1x1) or clear GIFs, are
electronic images that allow a Web site to access cookies and help track
marketing campaigns and general usage patterns of visitors to those Web sites.
Web beacons can recognize certain types of information, such as cookie numbers,
time and date of a page view, and a description of the page where the Web
beacon is placed. No personally identifiable information about you is shared
with third parties through the use of Web beacons.
Security
Personally identifiable information you submit to Bankrate is
password-protected for your privacy and security. In certain areas Bankrate
uses industry-standard SSL-encryption to protect data transmissions. In the
unlikely event that an unauthorized third party compromises Bankrate security
measures, Bankrate will not be responsible for any damages directly or
indirectly caused by an unauthorized third party's ability to view, use or
disseminate such information.
Links to Other Web sites
This Site may include links to other third party Web sites. Such links are not
an endorsement by Bankrate of those Web sites and/or the products or services
offered there. Third party Web sites may have different privacy policies and
Bankrate is not responsible for the privacy practices of those third party Web
sites. If you click on a link to a third party Web site, Bankrate encourages
you to check the privacy policy of that Web site, as it may differ
substantially from that of this Privacy Policy.
Access and Use of this Site
This Site is intended to be accessed and used only by adults and is
not directed to children under the age of 18. Bankrate does not knowingly
permit registration or submission of personally identifiable information by
anyone under the age of 18.
Changes to this Privacy Policy
Bankrate reserves the right to update, amend and/or change this
Privacy Policy at any time in its sole discretion and without notice. Updates
to this Privacy Policy will be posted here. Any information Bankrate collects
from you online is subject only to Bankrate’s most current Privacy
Policy. You are encouraged to revisit this Privacy Policy from time to time in
order to review any changes that have been made. Your continued access and use
of this Site following the posting of any such changes shall automatically be
deemed your acceptance of the same.
Questions or Concerns
If you have questions, comments, concerns or feedback regarding this Privacy
Policy, send an e-mail to webmaster@bankrate.com.
Governing Law; Arbitration
This Privacy Policy is to be governed by and construed in accordance
with the internal laws of the State of Florida, without regard for principles
of conflicts of laws. Any civil action, claim, dispute or proceeding arising
out of, or relating to, this Privacy Policy shall be referred to final and
binding arbitration, before a single arbitrator, under the commercial
arbitration rules of the American Arbitration Association in Palm Beach County,
Florida. You and Bankrate shall select the arbitrator, and if you and Bankrate
are unable to reach agreement on selection of the arbitrator within thirty (30)
days after the notice of arbitration is served, then the American Arbitration
Association shall select the arbitrator. Arbitration shall not commence until
the party requesting it has deposited One Thousand Dollars ($1,000.00) with the
arbitrator as a retainer for the arbitrator's fees and costs. The party
requesting arbitration shall advance such sums as are required from time to
time by the arbitrator to pay the arbitrator's fees and costs until the
prevailing party is determined or the parties have agreed in writing to an
alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Bankrate, and your and Bankrate's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Bankrate be entitled to punitive, special, indirect or consequential damages, and both you and Bankrate hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable
by any arbitrator, this Privacy Policy as a whole shall not be deemed unlawful,
void or unenforceable, but only that portion of this Privacy Policy that is
unlawful, void or unenforceable shall be stricken from this Privacy Policy.
The headings contained in this Privacy Policy are for convenience of reference
only, are not to be considered a part of this Privacy Policy, and shall not
limit or otherwise affect in any way the meaning or interpretation of this
Privacy Policy.
All covenants, agreements, representations and warranties made in this Privacy
Policy, as may be amended by Bankrate from time to time, shall survive your
acceptance of this Privacy Policy.
This Privacy Policy and the Terms of Use represent the entire understanding and agreement between you and Bankrate regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
WPB 965576.1