Last updated: 9/19/2016
Information We Collect
When you open an account, we may ask you to provide us with certain information that can be used to contact or identify you, verify your identity, address or other information or to manage risk and compliance throughout our relationship. We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders and improving our services.
When you are using the Services, we collect information about your account transactions and trust relationships and we may collect information about your computer or other access device for fraud prevention and other similar purposes.
When you visit the website, we also collect your IP address, and standard web log information, such as your browser type and the pages you accessed on our website. We also may collect certain geo-location information. If you do not agree to our collection of this information, you may not be able to use our Service.
We are committed to providing a safe, secure and all around great service. Therefore, we may also obtain information about you from third parties such as identity verification, fraud prevention and similar services.
Finally, we may collect additional information from or about you in other ways not specifically described here. We do not knowingly solicit or collect information from any individuals under the age of 18.
Use of Information Collected by Us
Our primary purpose in collecting Personal Information is to provide you with a safe, smooth, efficient, fun and customized experience. We may use your Personal Information to: provide the services and customer support you request; process transactions and send notices about your transactions or your network activity; resolve disputes, collect fees and troubleshoot problems; prevent potentially fraudulent, prohibited or illegal activities, customize, personalize, measure, and improve our services and the content and layout of our website; send you updates about new products and services that we are offering to customers; compare information for accuracy and verify it with third parties; and perform other duties as required by law.
We may use your financial information to facilitate social comparisons of spending patterns and other personal financial matters. We may use your "social graph" information provided by Facebook to facilitate these social comparisons. We will attempt to maintain anonymity for users in any social comparisons by displaying only aggregated data across multiple users. However, we cannot guarantee that these aggregate data sets will ensure anonymity.
Sharing Personal Information
We do not share your Personal Information with third parties for promotional or marketing purposes. However, we may share your Personal Information with:
Payment Card Information
During the registration process, you will be asked to enter your online banking credentials. By submitting your credit or debit card account information through the Services, you expressly consent to the sharing of your information with third party merchants who will help to facilitate the Services, billing processors and payment processors. We use Plaid to securely connect to more than 20,000 financial institutions across the U.S. These credentials never touch our servers, nor are they stored by us in any way. Your credentials are sent through Plaid to your bank or credit card provider, which sends back an encrypted token to us.
Plaid and any other third party service providers that we may use to facilitate in the delivery of the Services may store your credit or debit card account information so you can use our Services in the future. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. We cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers.
We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
Protection & Storage
We store and process your Personal Information and electronic copies of all correspondence using third party servers located in secure data centers in the United States. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We also use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our office and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your user password with anyone.
If we learn of a systems security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Service, you agree that we may communicate with you electronically. We may post a notice on the website if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach) you should notify us.
We collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies and Web Beacons
We, and third parties with whom we partner, may also deliver a file known as a web beacon, pixel or pixel tag (“Web Beacons”) to you through our Services from an ad network. Web Beacons are small, invisible graphic images that may be used on the Service interface or in emails relating to the Service to collect certain information and monitor user activity on the Service interface, such as to count visits, understand usage effectiveness and to determine if an email has been opened and acted upon. Web Beacons allow ad networks and service providers that we use to provide anonymized, aggregated auditing, research and reporting for us, for advertisers and our other partners. Web Beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and Web Beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Compliance with Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
Links to Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to firstname.lastname@example.org.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children").We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
Restrictions and Monitoring of Our Partners
Your use of the these Services may be subject to separate agreements you may enter into with other third party service providers that we may use to facilitate in the delivery of the Services. These third parties include, but are not limited to: Plaid, Twilio, your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier and other parties involved in providing your mobile device service, third party operating system providers, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service.
Terms of Service ("Terms")
Last updated: 9/19/2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the asktrim.com website (the "Service") operated by Ask Benjamin Inc. ("us", "we", "our", or the “Company”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
In addition, you acknowledge and agree that this Agreement is between you and the Company, not with any third party (including, but not limited to, any banking institution or any mobile carrier), and that the Company is solely responsible for the Services we provide. Your use of the these Services may be subject to separate agreements you may enter into with other third party service providers that we may use to facilitate in the delivery of the Services. These third parties include, but are not limited to: Plaid, Twilio, your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier and other parties involved in providing your mobile device service, third party operating system providers, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as "Covered Third Parties." You agree to comply with all applicable third party terms of agreement when using the Services. The Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.
The Services provided by the Company allow you to view monthly payments, cancel payments, make payments to and accept payments from third parties, contest overdraft fees, contest late fees, and access certain other financial data, content, and analysis. You may use the Services on your mobile device or through a web browser. By using the Services, you agree that you authorize us to cancel subscriptions, contest fees, and perform other actions on your behalf when instructed by you.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
When you opt-in to the service, you may receive an SMS message to confirm your signup. You can discontinue text messages from the service at any time. Just text "STOP" to 28060. Normal messaging rates apply. After you send the message "STOP" to us, you will receive a reply message to confirm that you have been unsubscribed from text message notifications. After this, you will no longer receive messages from us. If you want to resume notifications via text message, you can text "START" to 28060. If at any time you forget what keywords are supported through the SMS interface with the Service, you can text "HELP" to 28060. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to discontinue text message notifications.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
A user can delete her or his account at any time. Deleting your account will discontinue your access to the service. Where legally permitted, we may retain user transaction data for up to five years following the deletion of an account. This data may be used anonymously for the purposes of analytics, spending comparisons, and other parts of the service that utilize aggregate transaction data.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
Mobile Data - Payment Cancellation
The Company reviews certain transactions on the accounts you add to your user account in order see if there are continued subscriptions that you may be unaware of. The Company will then notify you of the subscriptions either through your mobile phone via SMS or mobile data plan and ask if you would like to terminate the subscription. Upon your confirmation that you would like to cancel the subscription the Company will cancel the subscription. The Company will provide notice to you by email and/or text message if the payment is canceled. Continued use of the service will result in the Company providing additional information in a similar manner.
If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Normal messaging rates apply.
The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
The Company may take payment from you in return for specific Services provided or execute transactions on your behalf by transferring money from your bank account. For these transactions, the Company will make electronic transfers (via the Automated Clearing House ("ACH") of NACHA - The Electronic Payment Association ("NACHA")) from your bank account in the amount you specify. You agree that such requests constitute your authorization to the Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and the Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's ACH rules (collectively, the "ACH Rules"), or applicable law.
Debit Card Processing
The Company will process your debit card-funded transactions through either the debit card's ATM debit network or the Visa/MasterCard network, as the Company may elect at its discretion.
Credit Card Information
If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Release of the Company
If you have a dispute with one or more third parties relating to payment, we are not responsible for any such dispute and you hereby release the Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
You hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of having acquired or not acquired any information through the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Company, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse the Company, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all payments sent using the Services, including but not limited to the accuracy of the amount paid and the recipient. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Third Party Websites
The Company’s website may feature third party offers and enable product searches. The Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content provided by a third party on the Company’s website is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by the Company of any product, service or vendor.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 is allowed to provide any personal or payment information to us through the Services. If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at the information provided below in the "Contact Us" section.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.
As stated above, we reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
In connection with your use of our website, your account, the Services, or in the course of your interactions with the Company, a user or a third party, you will not:
If you have any questions about these Terms, please contact us at email@example.com