Privacy Statement/Policy

Nothing in this Privacy Statement may be construed to create any obligation for the Company beyond what is required by applicable law.

1. This Privacy Statement (“Privacy Statement” or “Statement”) describes the practices of Texas Clearing LLC (“Texas Clearing,” “Company,” “we” or “us”) with respect to information, including Personally Identifiable Information (“PII” or Personal Data) (which means any information relating to an identified or identifiable natural person), and non-personally identifiable information (“non-PII”) , we obtain from and about individuals interacting with us and our websites, mobile applications, products and services (collectively, our “Services”). This Statement does not apply to job applicants or Company employees.
   1. This Privacy Statement only applies to the data processing activities of Texas Clearing. This Privacy Statement does not apply to services, websites or mobile apps offered by third parties, even if this site links to those services or third parties. We encourage you to read the privacy statements of every third party website that collects your PII.
   2. Please read the information below to learn about the information, including PII, collected about you and how it is used. 
2. Changes to this Statement. We may change this Statement at any time by posting revisions to the Statement on our Services including, without limitation, this site.  Therefore, you should review the Statement from time to time. If you do not accept all of the terms, conditions and notices set forth in the Privacy Statement, you must discontinue using the Services, which includes exiting this site, immediately.  The most current version of the Statement may be reviewed by clicking on the “Privacy Statement” link located at the bottom of our site. 
3. Collection of Information from Children. We do not intentionally collect information from or regarding minors.  The Services are not directed to, or intended for use by, children under the age of 18. Children may not use or submit any information through the Services or its sites. If you are under the age of 18, you may not use our Services or Services. If a child under 18 submits information through any part of the Services, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. 
4. Information We Collect. We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appears on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties. We may collect two general types of information when you use our Services or interact with us:
   1. Personally Identifiable Information (“PII”), which may include your first and last name, home or other physical address, telephone number, email address, user id, other identifiers that permit physical or online contact with you, or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories. You also may view or engage with our Services through third-party social networking sites or social media plug-ins and applications. When you engage with our Services and its content through such third-party sites, plug-ins or applications, we may have access to certain information from your social media profile, such as your name, photo, gender, birthday, location, videos, your list of friends, etc. This information is included in the definition of PII.
   2. Non-personally identifiable information (“non-PII”) such as, the type of browser you are using, the type of operating system you are using, the web pages you have visited sites visited before and after you use our Services, the type of handheld or mobile device used to access the Services or other device-specific information. 
5. Certain features available within the Services will require you to submit PII about yourself as a condition of participation. Some of the features may be offered by us, while others may be offered by third parties. (For example, you may be required to submit PII in order to request information and offers from us and our partners.) When you choose to submit PII to a third party in connection with your use of the Services, the third party’s privacy policy, rather than this Statement, will control the use of your PII. YOU CAN ALWAYS REFUSE TO PROVIDE PII TO US, BUT THIS MAY RESULT IN DECREASED FUNCTIONALITY OF THE SERVICES FOR YOU AND LIMIT YOUR ABILITY TO RECEIVE INFORMATION ABOUT SERVICES THAT MAY BE OF PARTICULAR INTEREST TO YOU. 
6. How Information is Collected. We collect information both actively and passively. For example, we will collect information about you that you voluntarily provide while using our Services. In addition to information provided directly by you, we (and third parties that offer features through the Services) may collect non-PII through the use of “cookies,” “web beacons,” “Flash cookies” or by other electronic means. 
7. Cookies. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer’s hard drive, where it can be used to identify your computer. Cookies can be used to measure website usage, improve navigation around websites, and personalize a returning visitor’s experience on the websites. In most cases, you can set your browser to turn off cookies or to notify you before you receive one so that you can decide whether to accept it or not. Because cookies allow you to take advantage of some of the features of the Services, we recommend that you leave them turned on. If you block or reject our cookies, some of the features of the Services may not work for you. You can refer to the instructions for your browser to learn more about these functions. 
8. Web Beacons. We, our third-party service providers, advertisers and partners also may use “web beacons” or similar technologies. Web beacons are small strings of code placed on a web page to collect data about how visitors use the Services. For example, web beacons may be used to count the number of users who visit the Services or to deliver a cookie to the browser of a visitor to the Services. If you set your browser to turn off cookies, web beacons and similar technologies will detect your visits to the Services, but they will not associate your activity on the Services with information that otherwise would be stored in cookies. We do not control tracking technologies used by third parties with the Service. 
9. Flash Cookies. The Services uses locally stored objects, also called “Flash cookies,” when it uses Adobe Flash Player (“Flash”) to provide special content such as video streaming, video on demand, video clips or animation. Flash, and similar applications, use Flash cookies to remember visitors’ Services settings, preferences and usages. Flash cookies are managed directly through Adobe’s websites, rather than through your web browser. 
10. Third-Party Advertising and Third-Party Websites. These websites allow advertising by third parties that provide links to third-party websites. Internet advertising companies and the third-party websites on whose behalf they advertise (collectively “Third Parties”) may use the technology described above to send (or “serve”) directly to your browser the advertisements that appear on our Services. When this happens, Third Parties automatically receive non-PII, such as information from your computer and browser, including your cookie information. They also may use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements; collect information about the effectiveness of their advertisements; collect anonymous information about your visits to the Services, such as the number of times you have viewed an ad; or customize the advertising content you see. Third Parties will not collect your name, address, or other PII, unless you affirmatively provide it to them. We let Third Parties set and access their cookies on your computer. Third Parties’ use of their own cookies is subject to their own privacy policies. For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit https://www.networkadvertising.org or https://networkadvertising.org/optout_nonppii.asp. You may review the instructions and/or the privacy settings for your operating system to find out how to opt out of tailored in-application advertisements. 
11. Third Party Links. Please note that our Services, including this site contains links to other websites that do not follow this Privacy Statement. For instance, clicking on an advertisement, links or other elements on Services pages may take you to entirely different websites. Links to other websites may use our Services logo or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect data and make use of that data in ways that these Services would not. After you leave our Services, this Privacy Statement will no longer apply to PII or any other data collected from or provided by you. You should check the other websites’ applicable privacy policy to determine how it will handle such data. 
12. How Information is Used and Shared. We use your PII for the purpose of conducting our business and pursuing our legitimate interests. For example, we use your PII to:Facilitate communication from third parties to you at your request;
    1. Create and manage your account;
    2. Provide the products and services you request;
    3. Enroll you in contests, programs or other offers you request;
    4. Tell you about other products and services that may be of interest to you (you can opt out of receiving such communications by following the instructions provided in the communication);
    5. Process payment for purchases you have made;
    6. Protect against or identify possible fraudulent transactions;
    7. Analyze the use of our Services;
    8. Develop new products and services;
    9. Understand how you arrived at our Services;
    10. Manage the Services, including this site;
    11. Enforce our Terms of Use; and
    12. Enforce the terms of this Statement. 
13. Advertisements, Marketing Material and Other Offers.  Unless you tell us that you do not want to receive these offers and subject to applicable law, the Company or those companies that we have a commercial relationship with, may occasionally send advertisements, marketing material or other offers that we think might be of interest to you. If you do not want to receive these advertisements, marketing material or other offers, please contact us using the contact information found at the end of this Privacy Statement. Where required by law, we will seek your consent prior to sending you any marketing materials. To the extent allowed by law, the provision of your email and phone number to us constitutes your prior express written consent, and electronic signature, authorizing us to contact you at that email address and phone number, including through the possible use of an automatic telephone dialing system or artificial or prerecorded voice, live calls and text messages, for both promotional and informational reasons. You agree that this consent may be assigned by us to third parties and affiliates. You are not required to provide such consent in order to make a purchase as you can always contact us directly to arrange an alternate purchase method.  By providing your telephone number to us, you certify that this is your own number that you own, and not a line owned or used by another, and that you will immediately notify us if your number changes or is reassigned. You agree to indemnify us if this is not the case and if the future owner or user of the number makes a claim against us for contact at that number. You may opt out of such contact at any time and through any of the reasonable methods outlined herein. A copy of our internal, written No-Not-Call Policy will be provided upon request. 
14. In the event that Company is considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, PII and non-PII, may be one of the transferred assets, and may therefore be used by a third-party acquirer in accordance with this Privacy Statement. Such use by a third party may include review of PII, using such PII to contact you either before or after such a transfer or sale, use or transfer of non-PII before or after such a transfer or sale, or for other purposes. 
15. WE MAY DISCLOSE PII ABOUT YOU TO A THIRD PARTY FOR COMPENSATION.
    1. Except we will not share your SMS number collected under the SMS ALERT SERVICES program with any third-party.
16. In addition, we may share your information as described below:
    1. Information You Elect to Share: You may choose to share information with Third Parties by clicking on links to those Third Parties from within the Services. In addition, you may elect to share information, including PII, through the Services, for instance, posting comments on comment boards. Some of your activity on the Services, including content you have posted, is public by default. Some of this content may include PII.
    2. Third-Party Advertisers and Websites: We may share your non-PII with, or make your non-PII available to, Third Parties as described in the section above titled Third-Party Advertising and Third-Party Websites.
    3. Information Disclosed to Vendors, Partners, Service Providers, and Others for Business Purposes: We contract with vendors to provide services related to the Services and may share PII with such vendors in order to provide products or services to you or to help maintain the Services. We also may share non-PII with our partners, service providers and other persons with whom we conduct business. We will only share your PII in accordance with applicable law.
    4. Information Disclosed for the Protection of the Services and for Others. We may disclose PII when (1) required by law or to respond to legal process or lawful requests, including from law enforcement; (2) when we believe it is necessary to prevent, investigate, or address (a) possible illegal activities, including fraud, (b) violation of our Terms of Use, (c) violation of this Privacy Statement, or (d) threats to the physical safety of any person; or (4) to protect our rights or property. 
17. Forums. The Services may include forums (such as message boards, chat rooms, comment boards, and reviews) that enable users to post a comment or communicate with each other. We are under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum within the Services. We retain the right to delete at any time and for any reason any material posted within the Services. 
18. Information Security. We take information security seriously, and we use reasonable administrative, technical and physical safeguards to protect the PII we collect from unauthorized access, use or disclosure. But we have no control over the security of other websites on the Internet that you might visit. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII. 
19. Additionally, and as you are likely aware, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your PII, searches or other communications will always remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the email address(es) we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission’s Websites at https://www.consumer.ftc.gov/ for information about how to protect against identity theft. 
20. Your Rights. Under the law of some countries, you may have certain rights with respect to your PII. These rights include the right to: (i) request access to and rectification or erasure of your PII; (ii) obtain restriction of processing or object to processing of your PII; and (iii) ask for a copy of your PII to be provided to you or a third party in a machine readable format. If you wish to exercise one of the above-mentioned rights, please send us your request to the contact details set out below. If you have unresolved concerns, you may also have the right to lodge a complaint about the processing of your PII with your local data protection authority in the European Union or elsewhere. 
21. California Privacy Rights. Under California law, California residents may request once a year, free of charge, certain information regarding our disclosure of PII to third parties for direct marketing purposes. Specifically, we will provide a list of the categories of PII disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. To make such a request, please contact us using the contact information at the bottom of this Privacy Statement. We reserve our right not to respond to requests submitted other than to the contact points listed below. You should put “California Privacy Rights” in the subject line and in your request. We may need to verify your identity before providing information to you. 
22. California Do Not Track Disclosure. Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. Our Services currently do not have the functionality to recognize or honor “do not track” browser signaling.  We do not respond to “do not track” signals. If we do so in the future, we will modify this Privacy Statement accordingly. 
23. Users From Outside the United States. The Services are hosted in the United States and are governed by U.S. law. If you are using the Services from outside the United States, please be aware that Texas Clearing is located in the United States and your PII will be stored and processed in the United States where we locate and operate our servers and databases. The data protection laws in the United States may not be as strict or comprehensive as those in your country. However, we value your privacy and always strive to treat it in accordance with applicable law. By voluntarily sharing your PII with us, you understand that your PII will be stored and processed in the United States. 
24. Your EU Privacy Rights. If you are using our Services from the EU or where applicable EU data protection laws so provide, you may exercise the following rights regarding your PII:
    1. Access. You have the right to obtain from us confirmation if your PII is being processed and certain information in this regard.
    2. Rectification. You have the right to request the rectification of inaccurate PII and to have incomplete data completed.
    3. Objection. You have the right, when we process PII on the grounds of legitimate interests, to object to the processing of your PII for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your PII is processed for direct marketing purposes.
    4. Portability. You may receive your PII that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.
    5. Restriction. You may request to restrict processing of your PII if (i) you contest the accuracy of it – for a period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for a period we need to verify your request.
    6. Erasure. You may request to erase your PII if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.
    7. Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.
    8. Right to refuse or withdraw consent. Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your PII that occurred prior to the withdrawal of your consent will not be affected.
    9. If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at privacy@texclearing.com or at the address provided in Section 26 below. 
25. Retention. We retain your PII for as long as you remain a customer and thereafter only for the period necessary to fulfill the purposes outlined in this Privacy Statement, unless a longer retention period is required or allowed by law, including to fulfill a legal obligation. 
26. Your Choices.  If you do not wish to receive information regarding our products, services, special offers and upcoming events, please click on the “Unsubscribe” link shown on our emails and electronic newsletters to you or contact us at the address or telephone number listed below and we will remove your name from our mailing lists. Subject to the provisions of section 26 herein, you may access your PII and correct, amend, or delete any of the PII you have provided to us on the Services by emailing us at privacy@texclearing.com or at the address provided in Section 26 below. Please include your name, address, and/or email address when you contact us. It is possible that you may be denied access to your PII, or may not be able to delete all your PII. For instance, access can be denied when: giving one person access would compromise another’s privacy rights; disclosure is likely to interfere with the safeguarding of national security, defense, or public security; and disclosure could interfere with law enforcement or legal actions. These are only examples, and access may be denied in other situations in compliance with applicable laws. For additional information about California Rights, please see Section 21 above. For additional information about EU rights, please see Section 24 above.
27. Contact Information. Unless otherwise stated, Texas Clearing is a data controller under applicable law for PII processed subject to this Statement. If you have any questions about this Statement or the Service, including any request to review or change your PII, or if you believe that your PII has been processed or disclosed in violation of this Statement, please contact us: https://texclearing.com/contact-us/. You may also contact us by email using the following address: privacy@texclearing.com We will investigate and attempt to resolve any complaints and disputes regarding the processing of your PII.