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Terms of Services

Privacy Policy - Effective: October 2002

Our Commitment To Privacy

This privacy policy has been created to show the integrity of Newtek, and any subsidiaries and to inform you of our level of commitment to the privacy of customer and non-customer information. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website. By participating in the Council of Better Business Bureau’s BBB OnLine ® Seal Program, we have made a commitment to meet the programs’ strict requirements regarding how we treat your information and have it verified by BBB OnLine. Further information about this program is available at http://www.bbbonline.org.

 

The Information We Collect

This notice applies to all information collected or submitted on Newtek’s website. On some pages, you can order products, make requests and register to receive materials. The types of personal information collected at these pages are:
 
  • Name
  • Company
  • Address
  • Email address
  • Phone number
  • Fax number
  • Credit/Debit Card Information
  • Domain name


When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor’s browser.

 

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order.

We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else when placing an order only to start a service, order a product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. We will occasionally send our customers emails regarding new features and upgrades to our services that will benefit them, and that is the extent of the “marketing” that is done to customers. We DO NOT send email to non-customers, except in cases where those email addresses are used as points-of-contact when a site is set up. We do not harvest emails nor do we do any data mining on the information we collect.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals. With respect to cookies, we use cookies to record session information, such as items that consumers add to their shopping cart. With respect to ad servers, we do not partner with or have special relationships with any ad server companies.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. In certain instances (e.g. domain name registrations), you are asked to submit your information yourself for the purposes of receiving information or for purchasing additional products or services that complement the services you order from Newtek. In those instances, you will be advised that you are submitting your information to a third party, and you will be given the opportunity to opt-out of providing tha information (and therefore, of purchasing the product or services).

 

Disclosure of Information

Newtek may disclose information including, but not limited to, information concerning You, a transmission made using our network, or a web site, in order to comply with a valid court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request (compliance documents) properly served on Newtek or one of its affiliates. If one of the aforementioned documents and/or requests is issued, Newtek and/or its attorneys will review such documents to determine their validity prior to taking any action related thereto. You agree that Newtek may charge You a reasonable administrative fee for addressing and responding to any requests and/or any such issues related to You, Your sub-resellers and/or Your customers. Newtek assumes no obligation to inform You that Your information has been provided and in some cases Newtek may be prohibited by law from giving such notice.

Finally, Newtek may disclose your information or information transmitted over its network where necessary to protect Newtek and others from harm, or where such disclosure is necessary to the proper operation of Newtek system and/or infrastructure. Newtek is headquartered in New York, New York and all compliance documents should be delivered by one of the formats below:

By mail:

Newtek
Attn: Compliance Department
1440 Broadway, 17th Floor
New York, NY 10018 USA

By e-mail:

techlegal@thesba.com

By fax:

(602) 263-0600 Attn: Compliance Department

Additionally, Newtek reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how Newtek is related to the pending litigation and the underlying subpoena and/or request.  

 

For Dedicated/VPS Customers: Newtek provides reassignment information to the American Registry of Internet Names (“ARIN”) on all IP addresses assigned to dedicated servers (commonly known as “SWIPing” IPs, where SWIP stands for ARIN’s Shared WHOIS Project). What this means is that Your ownership information, NOT Newtek’s, shows up on WHOIS queries against any IP address assigned to Your dedicated server. The information shared with ARIN includes:

  • Customer Name
  • Street Address
  • City
  • State
  • Postal Code
  • Country Code


Subpoena Policy

Newtek’s Privacy Policy prohibits the release of customer or account information without the express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with the legal process properly served on Newtek or one of its affiliates.

If you seek the identity of account information of a customer of ours (a customer of Newtek or Newtek Business Services) in connection with a civil legal matter, you must fax, mail, or serve Newtek with a valid subpoena.

If you seek the identity or account information of a customer of ours (a customer of Newtek or Newtek Business Services) in connection with a criminal matter and you are a member of the law enforcement community, you must fax, mail, or serve Newtek with a valid subpoena.  

 

Submission of Subpoenas to Newtek:

Newtek is headquarted in New York, New York and all civil subpoenas should be served at that location or mailed to:  

Newtek
Attn: Compliance Department
1440 Broadway, 17th Floor
New York, NY 10018 USA  

Alternativly, criminal subpoenas can be faxed or emailed to:
Fax (602) 263-0300
techlegal@thesba.com
Attn: Compliance Department  

Additionally, Newtek reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how Newtek is related to the pending litigation and the underlying subpoena and/or request.

Fees for Subpoena Compliance:

Newtek will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance.

Payment must be made within thirty (30) days from the date of receipt of Newtek invoice. Checks should be made out to Newtek.

Newtek’s subpoena compliance cost will include, but are not limited to the items listed below and will be charged at a rate determined to be reasonable by Newtek.

  • Research
  • Federal Express – Cost as Billed
  • Copies

Policies Regarding E-mail:

Newtek will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Newtek’s e-mail servers may not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a period of up to fourteen (14) days.  

 

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. As stated, when we transfer and receive certain types of sensitive information, such as financial information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor’s browser.  

 

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.  

 

Links and Linked Internet Websites

Newtek website may provide links to sites that are separate from Newtek website. These external sites may have their own privacy provisions in place that are different from those provisions listed in this document. Newtek is not responsible for the collection, use or disclosure of information collected on these external sites, and we expressly disclaim any and all liability related to any collection, disclosure or use of such information. In addition, we encourage visitors to seek out and read the privacy policies of any and all sites they visit on the internet.  

 

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by visiting our Control Center, located at http://www.webcontrolcenter.com/customer.aspx and logging in using their proprietary customer ID and password. Secure access to your information is available by visiting https://www.webcontrolcenter.com/customer. aspx. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error, or you have the ability to correct such errors yourself using the method described above. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.  

 

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us toll-free at (877) 323-4678 or send us an email at techservice@thesba. com.  

Enforcement and Dispute Resolution

Should you perceive that Newtek is failing to follow the above guidelines, you have several courses of action. First and foremost would be to please contact Newtek at the above mentioned toll-free phone number or via the email address provided. Newtek also complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Newtek has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/  

Privacy Complaints by European Union Citizens:

In compliance with the Safe Harbor Principles, Newtek commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact Newtek at:

Newtek
Dispute Resolution Dept.
1904 W. Parkside Lane Second Floor
Phoenix, AZ 85027

Newtek has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Newtek, you may contact the BBB EU SAFE HARBOR program at the address below:  

Council of Better Business Bureaus, Inc.
BBB EU SAFE HARBOR
4200 Wilson Boulevard, Suite 800
Arlington, VA 22203
Phone: 703-276-0100
Web: www.bbb.org/us/safe-harbor-complaints  

Terms of Service – Click to expand arrow Newtek Rev 2.8 11/12/2013
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