By visiting, using and/or submitting information to
www.bankrate.com, you are accepting the practices described in this Privacy
located at the URL www.bankrate.com/brm/about/disclaimer.asp
access and use of the Internet Web sites owned and operated by Bankrate, LLC
and its affiliates, including, but not limited, to the Web site located at URL
www.bankrate.com is owned and operated by Bankrate, LLC, a
Florida corporation ("Bankrate"). Bankrate takes your privacy seriously, and
information you may submit to www.bankrate.com, except that information which
is submitted pursuant to a sweepstakes entry. Refer to the Official Rules and
regarding information sharing and disclosure pursuant to sweepstakes entry.
Collection of Personally Identifiable
Many of the features of www.bankrate.com are available to you without requiring
you to provide personally identifiable information. The following are certain
situations in which Bankrate may collect personally identifiable information
||Registration for Newsletters and Sweepstakes.
Bankrate collects personally identifiable information from you if you register
online for one of Bankrate's newsletters and when you enter Bankrate's
sweepstakes. When you register online with Bankrate, Bankrate asks for
personally identifiable information such as your name, e-mail address, birth
date, gender, ZIP code, occupation, industry, personal interests and other
||Use of Forums. If you choose
to transmit, submit or post information through Bankrate's chat rooms, bulletin
boards or other forums (the "Forums"), Bankrate will collect that information
you provide. Bankrate retains this information as necessary to resolve
disputes, provide customer support and troubleshoot problems as permitted by
||Correspondence. If you send
Bankrate personal correspondence, such as e-mails or letters, or if other users
or third parties send Bankrate correspondence about your activities or postings
on www.bankrate.com, Bankrate may choose to collect such information into a
file specific to you.
||Business Partners. Bankrate
may receive your personally identifiable information from one of Bankrate's
Use of Personally Identifiable Information
Bankrate uses your personally identifiable information to improve and customize
the advertising and content you see on Bankrate's Web sites, to fulfill your
requests for certain products and services, and, if you permit Bankrate or
Bankrate's affiliates, to contact you about special offers and new products.
Your personally identifiable information may also be aggregated and used by
Bankrate for market research, project planning, troubleshooting problems,
detecting and protecting against error, fraud or other criminal activity, to
described to you at the time of collection. Bankrate will obtain your consent
for any use of your personally identifiable information beyond the original
uses for which you provided your consent.
You agree that Bankrate may use personal information about you
to improve Bankrate's marketing and promotional efforts, analyze site usage,
improve Bankrate's content and product offerings, customize www.bankrate.com's
content, layout and services, and as otherwise set forth in this Privacy
Policy. You also agree that Bankrate may use your personal information to
contact you and deliver information to you that, may be targeted to your
interests, such as banner advertisements, administrative notices, product
offerings, and communications correlative, or relevant to your use of
expressly agree to receive this information. If you do not wish to receive
these communications, Bankrate encourages you to opt out of the receipt of
certain communications, as set forth below.
Disclosure of Personally Identifiable
Unless you are entering one of Bankrate's sweepstakes, Bankrate does not share,
loan, rent or sell your personally identifiable information. However, the
following describes some of the ways that your personally identifiable
information may be disclosed in the normal scope of business to provide
||Advertisers. Bankrate may
aggregate personally identifiable information and disclose such information in
a nonpersonally identifiable manner to advertisers and other third parties for
their marketing and promotional purposes. However, in these situations,
Bankrate does not disclose to these entities any information that could be used
to identify you personally. Certain information, such as your name, e-mail
address, password, credit-card number and bank account number, are not
disclosed to these third parties in a personally identifiable manner without
your explicit consent.
||External Service Providers. There
are a number of separate services offered by third parties that Bankrate refers
to as external service providers that may be complementary to your use of
www.bankrate.com (e.g. realtors, mortgage brokers, lenders, financial
institutions, credit card issuers, information aggregators). If you choose to
use these separate services, disclose information to the external service
providers, and/or grant them permission to collect information about you, then
does not disclose your personally identifiable information to external service
providers unless you provide your explicit consent. With your consent, Bankrate
may provide some of your personal information to the external service provider
offering such services, for your convenience. To prevent Bankrate's disclosure
of your personally identifiable information to an external service provider,
you can decline such consent or simply not use their services. Because Bankrate
does not control the privacy practices of these third parties, you should
evaluate their practices before deciding to use their services.
||Internal Service Providers. Bankrate
may use third parties that Bankrate refers to as "internal-service providers"
to facilitate or outsource one or more aspects of Bankrate's business, product
and service operations that Bankrate provides to you (e.g., technology, Forums,
newsletters/alerts, analytic tools, advertising campaign management), and
therefore Bankrate may provide some of your personal information directly to
these internal service providers. These internal service providers are subject
to confidentiality agreements with Bankrate and other legal restrictions that
prohibit their use of the information Bankrate provides them for any other
purpose except to facilitate the specific outsourced Bankrate-related
operation, unless you have explicitly agreed or given your prior permission to
them for additional uses. In some instances, the internal-service provider may
collect information directly from you. In these cases, you will be notified of
the involvement of the internal-service provider, and all additional
information you provide them and their additional uses will be strictly up to
you. If you provide additional information to an internal-service provider
directly, then their use of your personally identifiable information is
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:
||you are interfering with another's rights or property,
including, without limitation, Bankrate's rights or property;
||you are violating any applicable law, rule or regulation;
||necessary or required by any applicable law, rule or
||requested by authorities in the event of any act of
terrorism or instance of local, regional or national emergency.
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 www.bankrate.com, and any of its databases, together with any
personally identifiable information contained therein, to a third party in
interfere with the ability of Bankrate to transfer all or part of its business
and/or assets (including www.bankrate.com) 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
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
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
specific guidelines regarding information sharing and disclosure.
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:
|| fax: (561)625-4540
||mail: Bankrate, LLC, 11760 US HWY 1 Suite 500,
North Palm Beach, FL 33408
Newsletters and CAN-SPAM Compliance
Bankrate.com sends only verified, double-opt-in e-mail newsletters,
specifically requested by Bankrate subscribers. Subscriptions to Bankrate.com
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.com is fully compliant with the Controlling the
Assault of Non-Solicited Pornography and Marketing Act of 2003.
"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
may set and access cookies on your computer to track and store preferential
information about you. Bankrate gathers anonymous information about its users
through cookie technology on an aggregate level only. Such aggregated
information is used solely within Bankrate's internal organization and is not
shared with third parties.
"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.
||Internal Use of Web Beacons.
Bankrate may use Web beacons internally to count users and recognize users
through cookies. Access to cookies helps Bankrate personalize your experience
when you visit Bankrate.com.
||E-mail. Bankrate may include
Web beacons in HTML-formatted e-mail messages that Bankrate or its affiliates
or agents send. Including Web beacons in e-mail messages helps Bankrate
determine your interest in and the effectiveness of such e-mails.
||External Use of Web Beacons.
Bankrate may also use Web beacons externally. For example, Bankrate may report
aggregate information about Bankrate.com users, such as demographic and usage
information, to its partners and other third parties. Bankrate may also include
other company's Web beacons within Bankrate.com.
You may choose to opt-out of Bankrate reporting Web-beacon
information to third parties by
clicking here. Note that you will have to opt-out from each computer or
browser that you use.
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
www.bankrate.com 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,
Access and Use of www.bankrate.com
www.bankrate.com 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.
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
that have been made. Bankrate's last update was July 13, 2005. Your continued
access and use of www.bankrate.com 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 email@example.com.
Governing Law; Arbitration
internal laws of the State of Florida, without regard for principles of
conflicts of laws. Any civil action, claim, dispute or proceeding arising out
arbitration, before a single arbitrator, under the commercial arbitration rules
of the American Arbitration Association in Palm Beach County, Fla. 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.
limit or otherwise affect in any way the meaning or interpretation of this
All covenants, agreements, representations and warranties made
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.