Performant Financial Corporation believes in maintaining the privacy and confidentiality
of an individual's personal information is important. We provide the following
commitment to privacy. Performant Financial Corporation may need to change
regularly because your use of the Site signifies that you agree to be
time to time.
a. Collection of Personally Identifiable Information.
Performant Financial Corporation collects personally identifiable information
about you only when you voluntarily provide such information. (Personally
identifiable information is any information that can be used to identify
or contact a specific individual and any other information about that
b. Use of Personally Identifiable Information. Performant
Financial Corporation will not sell or otherwise transfer or disclose
personally identifiable information to third parties not affiliated with
Performant Financial Corporation without the your prior consent (except
as may be required by law, such as a court-ordered subpoena, search warrant,
or other court order; or required by exigent circumstances). That means
that Performant Financial Corporation will never disclose your name, e-mail
address, street address or phone number to third parties not Affiliated
with Performant Financial Corporation without your consent. We may use
your Personally Identifiable Information only to tailor your experience
at our Site, and to compile and display content and information that we
think you might be interested in and to display content according to such
Performant Financial Corporation also may use your profile information
on an aggregate basis - without personal identifiers -- to provide our
editors with information that is useful in developing new features and
content for the Site, and to provide Sponsors and others with aggregate
information about our users and the usage patterns of the Site.
Performant Financial Corporation reserves the right to share your information with organizations affiliated within Performant Financial Corporation (i.e., Performant Recovery, Inc. and Performant Technologies, Inc.) without your permission.
Performant Financial Corporation reserves the right to perform statistical
analyses of user behavior (on an aggregate basis) in order to measure
interest in and use of the various areas of the Site and to inform Sponsors
of such information.
Performant Financial Corporation may permit third parties to offer subscription
and/or registration based services through the Site. In this event, Performant
Financial Corporation is not responsible for any actions or policies of
of such parties before providing Personally Identifiable Information.
c. Retention of Your Information. It is not possible
for you to delete your profile from our database, nor is it feasible to
delete all traces of your activity in the system. However, you may access
your information and update or modify the information. Messages posted
to the boards are examples of your activities that are not feasible to
delete. However, you may delete your email address from the Performant
Financial Corporation database.
d. Voluntary Disclosure of Personally Identifiable Information
on Bulletin Boards, News Groups and Chat Rooms, and other Interactive
Areas (collectively "Interactive Areas"). Users should be aware
that when they voluntarily disclose Personally Identifiable Information
(for example, user name, e-mail address) on an Interactive Area of the
Site, that information, along with any substantive information disclosed
in your communication, can be collected and correlated and used by third
parties and may result in unsolicited messages from third parties. Such
activities are beyond the control of Performant Financial Corporation
and Performant Financial Corporation makes no warranties about the discoverability
of your identity by methods beyond our control.
e. Encryption Technology. Performant Financial Corporation
uses Secure Socket Layer ("SSL") encryption technology to enhance data
privacy and help prevent loss, misuse or alteration of the information
under Performant Financial Corporations control.
f. Cookie Technology. Performant Financial Corporation
collects non-personal identification information through the use of "cookie"
technology and/or Internet Protocol ("IP") address tracking. Cookies are
small text files a web site can use to recognize repeat users and facilitate
the user's ongoing access to and use of the site. Non-Personal Identification
Information might include the browser used by you, the type of computer,
the operating systems, the Internet service providers and other similar
information. The Performant Financial Corporation system also automatically
gathers information about the areas you visit on the Site and about the
links you may select from within the Site to other sites.
advertisers or third parties displaying data on the Site or on the sites
you visit using links from the Site. Most browsers are set to accept cookies.
g. Links to other Sites. Users will find advertising
or other content on the Site that enable linking to the sites of Performant
Financial Corporation's advertisers, Sponsors and other third parties.
These third party sites may have their own privacy policies or no policy
to such other sites. Performant Financial Corporation has no control over
the content displayed on such sites, nor over the measures, if any, that
are taken by such sites to protect the privacy of your information.
Financial Corporation's Customer Support by email at firstname.lastname@example.org.
Disclaimers And Other Information Back to top
a. INFORMATION SUPPLIED BY PERFORMANT FINANCIAL CORPORATION IS PROVIDED
"AS IS" AND NEITHER PERFORMANT FINANCIAL CORPORATION NOR ANY OF ITS AGENTS,
EMPLOYEES OR REPRESENTATIVES MAKE ANY REPRESENTATION OR WARRANTY WITH
RESPECT TO THE CONTENTS OF THE SITE OR INFORMATION FURNISHED BY THEM OR
OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO
THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR
ANY PARTICULAR USE, APPLICATION OR PURPOSE.
b. BY ENTERING THE SITE YOU HEREBY EXPRESSLY AGREE THAT PERFORMANT FINANCIAL
CORPORATION, AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL
NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS
A RESULT OF YOUR USE OF THE SITE OR ANY INFORMATION YOU OBTAIN ON IT OR
ANY OTHER INTERACTION WITH PERFORMANT FINANCIAL CORPORATION. IN DOING
SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY
OF PERFORMANT FINANCIAL CORPORATION.
c. Performant Financial Corporation does not make any representation or
warranty concerning errors, omissions, delays or other defects in the
information supplied to users, or that its files are free of viruses,
worms, Trojan horses or other codes that include or manifest contaminating
or destructive characteristics.
d. With respect to communications to Performant Financial Corporation,
Performant Financial Corporation does not guarantee that it will respond
to all inquiries.
e. Performant Financial Corporation is not responsible for your classification
of contributions, dues or gifts for tax purposes.
f. If any clause or provision set forth above is determined to be illegal,
invalid or unenforceable under present or future law, then, in that event
the clause or provision so determined to be illegal, invalid or unenforceable
shall be severable without affecting the enforceability of all remaining
clauses or provisions.
g. Any notice to Performant Financial Corporation shall be given in writing
and sent by certified and registered mail to the Information Systems Audit
and Control Association, Attn: Chief Operations Officer, Performant Financial
Corporation, 333 N. Canyons Parkway, Suite 100, Livermore,CA 94551, USA
or by e-mail to email@example.com.
h. The application of these provisions, disclosures and disclaimers and
all other matters arising from your use of this Site or of any information
you obtain from Performant Financial Corporation shall be governed by
the laws of the United States of America and the State of California.
Any claims, disputes or other controversies relating to or arising from
these provisions, disclosures and disclaimers or from your use of this
Site or any information you receive from Performant Financial Corporation
shall be brought exclusively in the United States District Court, the
United States District Court for the Northern District of California,
and you hereby expressly consent to the exercise of jurisdiction over
you by such courts. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES
AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR
AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS NOT THE RESULT OF FRAUD, DURESS
OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. PERFORMANT
FINANCIAL CORPORATION MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR
UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.