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