This Privacy Policy of FedCaptus, LLC (the “Policy”) is hereby made effective as of January 1, 2015, by FedCaptus, LLC a Virginia limited liability company (“FedCaptus” or “We”), and, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of FedCaptus, LLC (“FedCaptus”), hereby amend and restate any such prior privacy policy.

By using or accessing WinFedBiz, you thereby (i) agree and acknowledge that you have read and understood this Policy, and (ii) acknowledge and consent to the learning, collection and use of your Personal Information (as hereinafter defined) as described in this Policy. If you do not agree with any portion of this Policy, you are prohibited from using or accessing WinFedBiz.

GENERAL

When you open an account with FedCaptus and use the WinFedBiz application, you will provide certain information to FedCaptus and, during your use of WinFedBiz, FedCaptus will learn, collect and use certain additional information about you for various purposes, as more fully set forth in this Policy. Even though FedCaptus will learn, collect and use information about you, FedCaptus will not lease, sell, share or otherwise provide your Personal Information (as hereinafter defined) to any third party without your consent, except as provided herein.

WHAT WE LEARN, COLLECT AND USE

Beginning when you register WinFedBiz, FedCaptus will learn, collect and use certain personal data and information about you and, as you use WinFedBiz will continue to learn, collect and use additional personal data and information (all such personal data and information is collectively referred to herein as, “Personal Information”). By providing FedCaptus with this information, you consent to this information being collected, used, disclosed, transferred to the United States and stored by FedCaptus, as described in our Terms and Conditions and in this Policy.

INFORMATION COLLECTED UPON REGISTRATION

In order to become a user of WinFedBiz, you must provide us with Personal Information, including, without limitation, name, email address, and, for any subscription account, billing and credit card information. Without providing Personal Information, you cannot create a WinFedBiz account. At the time of registration or when you choose to use certain WinFedBiz services, FedCaptus may collect certain other Personal Information from you including, without limitation, demographic information, such as location, age or gender. FedCaptus may request or collect Personal Information from you during any registration process which FedCaptus may use to provide or improve WinFedBiz or may use as is otherwise provided herein. FedCaptus may store Personal Information, and it may be included in databases owned and maintained by FedCaptus’ affiliates, agents or service providers.

INFORMATION COLLECTED WHILE USING WINFEDBIZ

When you use and interact with WinFedBiz, FedCaptus also receives and stores additional Personal Information, which information may or may not be personally identifying information. Such information includes, without limitation, your internet protocol address, browser types, domain name, and other statistical data involving your use of WinFedBiz and/or our services. Such information is collected passively using various technologies or may be provided by you through communications with WinFedBiz or FedCaptus.

For security purposes and to ensure the availability of WinFedBiz, FedCaptus also uses software programs to monitor network traffic, to identify unauthorized attempts to upload or change information, or otherwise cause damage to WinFedBiz or FedCaptus.

Based on how the internet operates, when you visit WinFedBiz we automatically receive the uniform resource locator of the prior webpage that you were on and of the webpage where you go after WinFedBiz. FedCaptus also receives the internet protocol address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on WinFedBiz and other information related to your visit to WinFedBiz.

INFORMATION PROVIDED VOLUNTARILY WHEN INTERACTING WITH SUPPORT 

FedCaptus also collects information when you interact with FedCaptus’ customer service in order to assist you and to improve the operation of WinFedBiz. This includes any interactions with our team via our support site, chat support, email, our support forum and documentation, and our blog. Information shared with support may include personal information, such as your name, email address, credit card information (e.g. name on credit card, last four digits of credit card number or expiration date), an entrant or subscriber’s name/email address, etc.

HOW WE USE YOUR PERSONAL INFORMATION

FedCaptus uses your Personal Information in connection with the operation, development and improvement of WinFedBiz, the operation and billing of your WinFedBiz account, and for other uses consistent with this Policy. FedCaptus may use your Personal Information for any internal purpose, including, without limitation the development and operation of WinFedBiz and the development of additional services and products by FedCaptus or its affiliates, and to communicate with you regarding WinFedBiz, your account, updates to our services (such as temporary outages or permanent changes), product releases, or other services or products offered by FedCaptus. Regarding billing and payment, Personal Information you provide to FedCaptus will be used to send billing-related notices via email. When contacting FedCaptus for customer support, in order to answer your questions, FedCaptus may use your personal information, such as email address, name and billing information; and other account-related data. Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from FedCaptus, including data, internet, cellular carrier or other similar fees.

FedCaptus recognizes the importance of the privacy of its users and does not lease, sell, share or otherwise provide Personal Information to third parties, except as provided herein. FedCaptus will not disclose or provide your Personal Information to any third party except:

•  as otherwise described in this Policy;
• as otherwise required by law or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
• as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;
• for any internal purpose of FedCaptus, including, without limitation, to manage your WinFedBiz account, subscription and other billing purposes, to respond to your inquiries, to allow outside vendors to perform services required by WinFedBiz, and to otherwise manage and operate WinFedBiz and develop new services and products;
• as reasonably necessary to enforce the Terms and Conditions of Service and Use of FedCaptus, LLC (the “Terms and Conditions”);
• as reasonably necessary to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or as reasonably necessary to protect the rights and property of FedCaptus or its officers, directors, shareholders, employees or agents.

FedCaptus may provide aggregated anonymous data about the usage of WinFedBiz to third parties for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers or investors.

FedCaptus may provide aggregated anonymous data about the usage of WinFedBiz to third parties for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers or investors.

FedCaptus may post, email and use any testimonials that you have provided about WinFedBiz, and FedCaptus may post and email examples of content you have created through WinFedBiz, in connection with the marketing and promotion of WinFedBiz. Testimonials and other marketing, promotions and advertisements may include obfuscated Personal Information (such as first name and general location) that you have provided to FedCaptus. Furthermore, Personal Information you provide to FedCaptus may be used to send you information, advertisements and promotional material via email. You are able the unsubscribe from these emails via the “unsubscribe” link at the bottom of each email communication.

FedCaptus may also disclose your Personal Information to a third party as part of a sale of the assets of FedCaptus, as the result of a change in control of the company, or in connection with an investment in FedCaptus by a third party. Any third party to which FedCaptus transfers or sells FedCaptus’ assets will have the right to continue to use your Personal Information.

COMPLIANCE

Accuracy and Access of Your Personal Information. You have a right to access, modify, correct and request that FedCaptus internally delete any Personal Information provided to or obtained by WinFedBiz or FedCaptus. If you update, modify or correct any Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. You may update, modify or correct your Personal Information via your account Preferences. Alternatively, you may contact legal@fedcaptus.com for updates, modifications and corrections to your Personal Information, or to request access to your Personal Information.

Retention of Your Personal Information. You may request internal deletion of your Personal Information at any time by contacting FedCaptus in the manner provided on WinFedBiz. FedCaptus will endeavor to respond to your request in a timely manner. Please note, however that Personal Information you have published on Facebook may remain available even if you request that such information be internally deleted by FedCaptus. Once a request to delete a WinFedBiz user’s Personal Information is received, it will be removed from our servers within 60 days. You may delete your account within the Account Preference section of your WinFedBiz account. Alternatively, you may contact support@fedcaptus.com to delete your account.

Protection of Your Personal Information. Any Personal Information that you provide to FedCaptus will be protected in a commercially reasonable manner.

Notice of Breach of Security. In the event of a security breach that affects you or the individuals on your WinFedBiz lists, FedCaptus will notify you as soon as possible on both the nature of the breach and the actions taken to address it.

MISCELLANEOUS

FedCaptus reserves the right to amend, restate or otherwise modify this Policy at any time without notice to you. As a user of WinFedBiz you are required, and hereby agree, to review the Policy frequently. Should FedCaptus elect to amend, restate or otherwise modify this Policy in a material manner, FedCaptus will post a notice of such material amendment, restatement or modification on WinFedBiz so that you may review the changes to the Policy. If you object to any such changes to the Policy, you may, as your sole right and remedy, close your FedCaptus account. By continuing to use WinFedBiz after such notice has been posted on fedcaptus.com, you thereby consent to any such changes to the Policy and agree to be bound by the then current version of this Policy.

In the event that the terms of this Policy conflict with or are inconsistent with any provision of the Terms and Conditions, the Terms and Conditions shall govern.

Any claim under this Policy or otherwise related to WinFedBiz or FedCaptus shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Leesburg, Loudoun County, Virginia. You agree to submit to the personal jurisdiction of the courts located within Leesburg, Loudoun County, Virginia, for the purpose of litigating all such claims.

If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way.

CONTACT FOR QUESTIONS AND REQUESTS

Any questions or comments on this Policy or the privacy practices of FedCaptus or WinFedBiz should be directed to legal@fedcaptus.com. If you wish to update, access or delete any of your Personal Information held by FedCaptus or a WinFedBiz user, please email legal@fedcaptus.com.