PRIVACY STATEMENT
Pencross Financial Corporation
(as of January 1, 2011)
Dear Brokers,
As a current broker of our company, we would like to take
this opportunity to both thank you, and share with you the
importance in which we hold the privacy and confidentiality
of your insurance and personal information.
Pencross Financial Corporation, as a member of the Premium
Financing Services Industry, has been and continues to be
subject to all privacy laws regarding the collection and exchange
of your insurance and financing information.
Pencross Financial Corporation exchanges such information
only with other insurance related parties that are similarly
obligated under the privacy laws and have in place the appropriate
procedures to keep all treatments and exchanges of your information
within the requirements of these laws.
We care about your privacy and continue to maintain the highest
quality of service and handle each account with the utmost
professionalism.
TERMS AND CONDITIONS
OF USE
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT
CONTAINS A DISPUTE RESOLUTION CLAUSE.
Your use of the Pencross Financial Corporation. website (the
“Website”) is subject to the terms and conditions
set forth below. By using the Website, you agree that you
accept and will abide by these terms and conditions. If you
do not accept these terms and conditions, do not use the Website.
The terms and conditions may change from time to time and
it is your responsibility to check for such updates.
PENCROSS FINANCIAL CORPORATION (“Pencross” or
“we”) DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE
OF THE WEBSITE WHICH IS STRICTLY AT YOUR OWN RISK.
Express Quote - Financing Quotes for Information Only
Through the Website Pencross provides you with the opportunity
for you convenience to submit information about insurance
policies in order to receive quotes for the financing of those
insurance policies by Pencross. Please be advised that any
quote which may be provided by Pencross to you through the
Website is for information purposes only and has not been
provided to you by Pencross with the intent of binding Pencross
to take any further action with respect to either the quote
or the insurance policy in question. The quote represents
Pencross’s good faith estimate of the financing cost
with respect to the insurance policy in question based on
the information you provide to it through the Website. Pencross
reserves the right to withdraw or alter the quote in Pencross’s
in sole discretion at any time based on Pencross’s review
and satisfaction with all additional information that Pencross
may require from you with respect to the insurance policy
in question and any other matter related thereto. Under no
circumstances will Pencross be bound to finance any insurance
policy in connection with any quote delivered to you through
the Website until Pencross has faxed to you a confirmation
of the financing terms it is prepared to offer and those terms
have been agreed to by you in writing.
Registered Agent/Broker Members Only
The Website may only be used by those Agent/Brokers who have
completed the Pencross Website enrolment and who have been
provided with a password by Pencross. Any unauthorized use
of the Website by any party other than the one to whom the
password has been provided is strictly prohibited and shall
be of no force or effect. If one or more of your passwords
is/are lost or stolen, you will immediately notify Pencross
by telephone and confirm such notice in writing. Upon receipt
of notice, Pencross shall make every effort to cancel the
password as soon as is possible under the circumstances. You
shall be responsible for all charges incurred prior to its
cancellation by Pencross. Pencross reserves the right to change
passwords at any time, subject to notice being given to you.
Other Websites
For your convenience and information only, the Website may
provide links to third party websites. You acknowledge that
when you click on a link to a third party website, you will
be leaving the Website and assume the risks inherent in doing
so, including risks of personally identifiable information
being collected without your consent and damages caused by
computer viruses, Trojan horses or other destructive/disruptive
code which may be downloaded from such linked Websites. Pencross
has not verified the nature or accuracy of the information
contained on such third party websites and assumes no liability
for any damages you may suffer from visiting such third party
websites.
You are responsible for maintaining the confidentiality of
your account and password, as well as for restricting access
to your computer, and you agree to accept responsibility for
all activities that occur under your account or password.
Electronic Communications
When you visit the Website or send e-mail to us, you are communicating
with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail
or by posting notices on the Website. You agree that all agreements,
notices, disclosures, and other communications that we provide
to you electronically satisfy any legal requirement that such
communications be in writing.
Disclaimer of Warranties and Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PENCROSS.CA
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. PENCROSS DOES NOT WARRANT
THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM PENCROSS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PENCROSS
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THE WESITE, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PENCROSS SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING
OUT OF OR CAUSED, IN WHOLE OR IN PART, BY YOUR USE OF THE
WEBSITE.
PENCROSS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
PUNITIVE OR SPECIAL DAMAGES WHICH MAY BE SUFFERED BY YOU OR
OF ANY THIRD PARTY CLAIMED AGAINST YOU.
Privacy Policy
Pencross is committed to respecting and protecting your privacy
and personal information (i.e. information that can personally
identify you as an individual).
Pencross does not use cookies nor does Pencross use any electronic
means to automatically collect personal information from you
or your computer; however, Pencross’s web servers will
automatically collect IP addresses and we may view our web
server IP log from time to time to prevent fraudulent acts
and possible network attacks.
Other than as set out above, the only personal information
collected by Pencross through the Website is that which you
provide upon completing the online application form at the
Website.
It is Pencross’s policy to treat your personal information
as private and confidential and to restrict the use and disclosure
of such personal information to the specific purpose for which
it was provided: delivering sales and services to our valued
customers, tracking purchase history, responding to requests
for information, evaluating our service performance, providing
you with information about Pencross’s opportunities,
services and promotions that might be of interest to you,
and conducting Pencross contests, raffles and lotteries. Pencross
will not sell or in any manner distribute your personal information
to any third party unless specifically authorized by you to
do so or as required by law.
Although we strive to ensure that your personal information
is protected at all times, we cannot guarantee that your communication
over the Internet is fully secure or that the information
you transmit to Pencross will not be intercepted and/or misused
by third parties.
For further detailed information on Pencross’ commitment
to protecting your privacy please contact our Chief Privacy
Officer:
Chief Privacy Officer
J. Wesley Franklin
E-mail: wfranklin@pencrossfinancial.com
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