Privacy Policy

Scope and Consent

At BidSettle, your trust means everything to us. That is why we respect your privacy and protect it with strong encryption, plus strict policies that govern how all data is handled.

Security and privacy are fundamental to the design of all our platforms and services. And we continue to make improvements.

We are publishing this Policy to explain how we handle your personal information, what we do and do not collect, and why. All capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Terms and Conditions.

This Privacy Policy describes BidSettle’s collection, use, disclosure, retention, and protection of your personal information. It applies to any BidSettle site where this Privacy Policy appears in the footer, and to any BidSettle application, service, or tool (collectively “Services”) where this Privacy Policy is referenced, regardless of how you access or use them, including through mobile devices.

By using our Services and/or registering for a BidSettle Account, you are accepting the terms of this Privacy Policy and our Terms and Conditions, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Policy. If you do not provide us with the information we require, there is a possibility that we may not be able to provide all of our Services to you.

BidSettle is your data controller, and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with our Privacy Policy and Terms and Conditions.

Personal Information

“Personal information” is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that BidSettle Inc. has or is likely to have access to. BidSettle does not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise. For example, business contact information (ex. office address, telephone number) is not considered personal information in certain jurisdictions.

Storage Area

BidSettle stores and processes your information on computers located in Canada that are protected by physical as well as technological security devices.

Changes to this Privacy Policy

BidSettle may amend this Privacy Policy at any time by posting the amended terms on www.bidsettle.com (the “Site”). All amended terms automatically take effect 30 days after they are posted on the Site.

Privacy Standards

BidSettle’s privacy standards are our commitment to protect your personal information and honour our privacy obligations regardless of where your personal information is collected, processed, or stored.

Collection

BidSettle collects personal information from you and the devices (including mobile devices) you may use when you use our Services.

The personal information we collect includes, but is not limited to, the following.

Personal information you give us when you use our Services

  • Identifying information such as your name, lawyer number (if applicable), address, telephone number and email address;
  • Information on offers, counter-offers, a Settlement, a particular Dispute negotiation or other Dispute-based content that you generate or that is connected to your Account;
  • Information related to the Demand Letter;
  • Information related to any Dispute negotiation, including unpaid invoices;
  • When a Settlement occurs, or when you submit a Demand Letter, financial information such as credit card or bank account numbers;
  • You may also provide us other information through your correspondence on the Site or when you otherwise correspond with BidSettle;
  • Additional information we are required by applicable laws to collect in order to authenticate or identify you or to verify the information we have collected.

Personal information we collect automatically when you use our Services

We also collect information about your use of our Services, our advertising, and your email correspondence with us. This information is normally received from your computer or other devices, including mobile devices.

  • Device ID or unique identifier, device type, ID for advertising, unique device token;
  • Geo-location information, including location information from your mobile device. Keep in mind that:
    • Most mobile devices allow you to control or disable the use of location services on your mobile device in the device's settings' menu;
    • You may receive a supplementary notice describing any other type of information that we may require and that is not included here.
  • Computer and connection information;
  • Statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information

Personal information we collect using cookies, web beacons, and similar technologies

We use cookies, web beacons, unique identifiers and similar technologies to provide and improve our Services, our advertising and personalized promotions, as well as to provide you with a safe and tailored experience on our Site. We collect information about the pages you view, the links you click, and other actions you take on our Services, within our advertising or email content.

A cookie is a small removable data file that is stored by your browser on your computer. Cookies allow you to manoeuver on our Site and allow us to enhance and personalize your online surfing experience. We use cookies to remember the activities made with regard to your Dispute negotiation(s), recognize you when you return to our Site and analyze visitor behaviour.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser settings. Each browser is slightly different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you turn cookies off, you will not have access to many features that make your site experience more efficient and some of our services will not function properly.

Personal information from other sources

We may supplement the information we collect with information from third parties and add it to your Account information. For example, we may collect and use demographic information that is publically available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable laws. We may combine your information with data gathered from other sources.

We may allow you to share information with other social media sites, or use social media sites to create your account or to connect your Account with the respective social media site. Those social media sites may give us access to certain personal information retained by them (ex. content viewed by you and information about the advertisements you have been shown or may have clicked on, etc.) via your interaction with these online services. Let us remind you that you control the personal information you allow us to have access to through the privacy settings on the applicable third party social media sites and the permissions you give us when you grant us access to your personal information. By associating an account managed by a social media site with your BidSettle Account and authorizing us to have access to this information, you agree that BidSettle may collect, use and store the information provided by these sites in accordance with this Privacy Policy.

If you give us personal information about someone else, you must do so only with their consent. You agree that you have to inform them that we have collected information about them and explain how we collect, use and disclose this information.

If you are a lawyer User and you communicate your client’s personal information to BidSettle, you must have their consent. You agree that you have to inform them that we have collected information about them and explain how we collect, use and disclose this information.

Use and Retention

We use your personal information to manage, improve and personalize our Services, to communicate with you, to provide you customer service, to provide you with personalized advertising and promotions, and to detect, prevent and mitigate fraudulent or illegal activities. You agree that we may use your personal information as follows:

Manage, improve, and personalize our Services

  • Provide you with access to our Services;
  • Offer you website content;
  • Give you access to your Dispute negotiation history, your offers and other features;
  • Provide you with opportunities on behalf of our strategic partners. Please note that we will never share your financial information with them without your explicit consent;
  • Customize, measure, and improve our Site and Services;
  • Provide other services that you requested as described when we collect the information.

Communicating with you and provide you with customer service

  • Provide you with customer service relating to our Services;
  • With your authorization, contact you via email, telephone (we may use autodialed or pre-recorded calls) or text messages (if applicable) to settle disputes, claim fees, fix problems with your Account or our Services, or to handle any other issue authorized by the law and this Policy;
  • Verify the accuracy of the personal information that you provided us by comparing it to those of a third party, if applicable.

Personalize our advertising and marketing communications according to your needs

  • Personalize, measure, and improve our content and advertising based on your preferences;
  • Contact you, either via email, telephone, text messages (if applicable and with your consent), and postal mail or any other means authorized by you in order to offer you promotions and inform you about our Services and those of our BidSettle’s corporate family. You authorize BidSettle to use the contact information that you have provided to contact you by email and SMS text if you have consented to such contact. Message and data rates may apply;
  • Deliver targeted marketing, service updates, and promotional offers based on your communication preferences.

Detect, prevent and diminish fraudulent or illegal activities

  • Prevent, detect and analyze fraud, intrusions or potentially prohibited or illegal activities;
  • Enforce our Terms and Conditions or other policies.

BidSettle retains your personal information for as long as it is necessary and relevant for our operations. In addition, we retain personal information from closed Accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot technical problems, facilitate investigations, enforce our Terms and Conditions and take other actions permitted by applicable the law.

After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner.

Marketing Agencies

We do not sell or rent your personal information to third parties for marketing purposes without your explicit consent. If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you received, change your communication preferences on your Account, or indicate your communication preferences within the direct communication from us.

Advertising

We do not allow third parties to track or collect your personal information on our Site for their own advertising purposes without your explicit consent. If you do not wish to participate in our advertising personalization programs, you can opt-out by following the directions provided within the applicable advertisement. By opting-out, you will no longer receive personalized advertising, but you still allow us to collect information for certain purposes (such as usage, research, analytics and internal online services operation purposes).

If you click on advertisements that are on our Site, we are not liable for what these third parties do with the information they collect. We will not, however, provide them with any personal information without your explicit consent.

Access

We take steps to ensure that the personal information that you have provided us is accurate and up to date, and that you have the ability to access and make corrections to it.

  • You can see, review and change the majority of your personal information by signing in to your Account. Please update your personal information immediately if it changes or is inaccurate;
  • Upon your request, we will close your Account as soon as reasonably possible, based on your Account activity and in accordance with applicable laws;
  • We will honour any statutory right you might have to access, modify or delete your personal information.

Disclosure

In some circumstances, BidSettle may disclose your personal information to other members of the BidSettle Inc. corporate family or to third parties. This disclosure may be required in order to provide you access to our Services, to comply with our legal obligations, to enforce our Terms and Conditions, to facilitate our advertising activities, or to prevent or reduce fraudulent activities related to our Services. We minimize the amount of personal information that is disclosed to what is directly relevant and necessary to accomplish the specified purpose. As stated above, we do not disclose your personal information to third parties for their commercial purposes without your explicit consent.

We may for instance, disclose your personal information for the following purposes:

  • If we were to merge with or be acquired by another company, BidSettle may share information with them. Should this occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If we foresee using your personal information for any purposes not covered in this Privacy Policy, you will receive prior notification.

Service providers and financial institution partners

Your information may be managed and processed by third party service providers who help us to provide our Services as well as to assist us with the investigation of fraud, bill collection, and other activities.

Law enforcement, legal proceedings, and as authorized by law

  • To comply with BidSettle’s legal requirements, enforce our rules, or protect anyone's rights, property or safety;
  • To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a suspected criminal activity or any other activity that may expose us, you, or any other BidSettle User to legal liability. We will only disclose information that we deem relevant to the investigation or inquiry, such as name, city, province, postcode, telephone number, email address, User history, IP address, fraud complaints, or any other information we deem relevant;
  • To credit agencies or bureaus as authorized by applicable laws (ex. information on late or missed payments or other defaults on your Account that may be reflected in your credit report or file);
  • To third parties that have the right because of their involvement in a legal proceeding.

Other parties requiring your information and as authorized by you

  • Users of the Site, with your authorization or pursuant to your use of our Services (for instance, if you initiate a Dispute negotiation or a Demand Letter, the other party may ask you for information in order to solve your issue).

Security

BidSettle protects your information using advanced technical security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers and information access authorization controls. BidSettle stores and processes your information on computers located in Canada that are protected by physical as well as technological security devices.

Furthermore, BidSettle uses the TLS v1.2 (Transport Layer Security) cryptographic protocol, which is currently the highest standard of security. While we strive to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

As for BidSettle’s e-signatures, we use e-SignLive, which processes over one billion documents per year.

What happens when you share your personal information on BidSettle’s Site?

For any Dispute negotiation or Demand Letter on the Site, the other party only has access to the information you shared with that party on the Site. For example, in a Dispute negotiation on BidSettle, the other party to the Dispute can see the description of the Dispute, such as the facts. To be crystal clear, allow us to remind you that during your Dispute negotiation, the other party cannot see your offers and counter-offers that you made on the Site.

To help protect your personal information, we allow only limited access to other Users' contact and financial information as necessary to manage the Settlements and collect payments. However, when Users are involved in a Dispute negotiation, they have access to each other's name, email address, and contact information.

Unwanted or Threatening Email

Sending unwanted or threatening email is against our Terms and Conditions. To report BidSettle-related spam or spoof emails, please forward the email to support@bidsettle.com.

Children's Privacy

BidSettle is intended for an audience of 18 years and older and is not intended for people under the age of 18. We do not knowingly collect personal information from users under the age of 18.

Third Party Privacy Practices

This Privacy Policy addresses only the use and disclosure of personal information we collect from you. If you disclose your information to another party or a third party, their privacy notices and practices will apply. We cannot guarantee the privacy or security of your information once you provide it to another party or a third party.

Questions or Complaints

If you have a question or a complaint about this Privacy Policy, our privacy standards, or our information handling practices, you can reach us in writing by sending us an email to the following address: info@bidsettle.com.

Revised Version – December 2016
© Copyright BidSettle Inc. 2016. All rights reserved.