At Capstone Associated, Ltd., (i.e., “Capstone,” “The Capstone Team”) we understand your concerns about the privacy of information you provide us as part of this application and transfer process. Be assured that we only collect information we believe is necessary or appropriate to expedite the transfer of your structured settlement payment(s) so that we can fund your transaction as quickly as possible
All information collected is kept in a secured facility protected by fingerprint recognition door access and other safeguards. There are generally three categories of information collected:
- Information provided by you on applications, forms, and in attachments thereto;
- Information available as a matter of public record such as prior court transfer activity; and
- Information you authorize us to collect such as background checks and credit checks
INFORMATION DISCLOSED OR SHARED
Your information will only be shared with or disclosed to third parties, such as our attorneys, which we work with as part of the application or captive formation process. Capstone may share or disclose your information to third parties, as allowed by law, only for the following reasons:
- Disclosure of information is necessary to expedite, effect, process, or administer your captive
- Disclosure of information is requested by law enforcement, a court of competent jurisdiction, or a governmental entity as part of any investigation; or
- Disclosure of information to businesses we use to develop internal security and privacy practices with regard to both our physical facilities and our client database. We will not disclose your information to third parties for marketing purposes without your prior consent
HOW WE MAY COLLECT INFORMATION
Through your browser or device: Certain information is collected by most websites or automatically through your device, such as your IP address (i.e., your computer’s address on the internet), screen resolution, operating system type (Windows or Mac) and version, device manufacturer and model, language, internet browser type and version, time of the visit, and page(s) visited. Using pixel tags, web beacons, clear GIFs or other similar technologies: These may be used in connection with some Capstone Online Services and HTML-formatted e-mail messages to, among other things, track the actions of users of the Capstone Online Services and e-mail recipients, measure the success of our marketing camp and compile statistics about usage of the Capstone website and response rates.We use this Personal Information to:
- You can refuse to accept other cookies we use by adjusting your browser settings. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Site and some online products.
- Communicate with you and others as part of our business.
- Send you important information regarding changes to our policies, other terms and conditions, the Capstone website and other administrative information.
- Make decisions about whether to provide insurance and assistance services, and other products and services which we offer, and provide such products and services, including claim assessment, processing and settlement; and, where applicable, manage claim disputes.
- Assess your eligibility for payment plans, and process your premium and other payments.
- Provide improved quality, training and security (for example, with respect to recorded or monitored phone calls to our contact numbers).
- Prevent, detect and investigate crime, including fraud and money laundering, and analyze and manage other commercial risks.
- Carry out market research and analysis, including satisfaction surveys.
- Provide marketing information to you (including information about other products and services offered by selected third-party partners) in accordance with preferences you have expressed.
- Personalize your experience when using the Capstone website by presenting information and advertisements tailored to you.
- Identify you to anyone to whom you send messages through the Capstone website or social media channels.
- Allow you to participate in contests, prize draws and similar promotions, and to administer these activities. Some of these activities have additional terms and conditions, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these carefully.
- Facilitate social sharing functionality.
- Manage our infrastructure and business operations, and comply with internal policies and procedures, including those relating to auditing; finance and accounting; billing and collections; IT systems; data and website hosting; business continuity; and records, document and print management.
- Resolve complaints, and handle requests for data access or correction.
- Comply with applicable laws and regulatory obligations (including laws outside your country of residence), such as those relating to anti-money laundering, sanctions and anti-terrorism; comply with legal process; and respond to requests from public and governmental authorities (including those outside your country of residence).
- Establish and defend legal rights; protect our operations or those of any of our group companies or business partners, our rights, privacy, safety or property, and/or that of our group companies, you or others; and pursue available remedies or limit our damages.
PERSONAL INFORMATION OF OTHER INDIVIDUALS
DISPUTES UNDER THIS AGREEMENT
Disputes under this Agreement and any dispute between the parties of any nature whatsoever including but not limited to those sounding in constitutional, statutory, or common law theories as to the performance of any obligations, the satisfaction of any rights, and/or the enforceability hereof, including any claims that the Assignor has breached this Agreement, shall be resolved through demand by any interested party to arbitrate the dispute under the laws (to the greatest extent possible) of Assignee’s domicile to the maximum extent possible (including the Federal Arbitration Act which shall be controlling) and shall submit the same to a neutral arbitration association (including but not limited to Conflict Resolution Solutions, PLLC of Houston) or another neutral arbitrator or arbitral association for resolution.
In all events, the single arbitration, commercial arbitration, expedited rules of the American Arbitration Association, adopting the optimal measures for emergency relief shall exclusively apply regardless of the number of parties involved or the amount in controversy.
Notwithstanding anything else to the contrary herein or elsewhere, the arbitrator shall award attorneys’ fees and costs against the breaching, defaulting or repudiating party. If the first arbitration organization or arbitrator which receives a written demand for arbitration of the dispute from any interested party does not complete the arbitration to finality within four months of the written demand, any interested party then may file a written demand for arbitration of the dispute with another neutral arbitration association or arbitrator, with the prior arbitration association or arbitrator then being immediately divested of jurisdiction, subject to a decision being rendered by the replacement arbitration association within four months of the written demand being filed with the replacement arbitration group.
The arbitration decision shall be final and binding in all respects and shall be non-appealable. Any person may have a court of competent jurisdiction enter into its record the findings of such arbitrators for all purposes, including for the enforcement of the award. In any event, the parties to this Agreement hereby waive the right to trial by jury in any action or proceeding instituted with respect to this Agreement. The aforementioned provisions contained in this paragraph shall be effective notwithstanding any actions that may take place after the execution of this Agreement, and regardless of whether such transfer and assignment is consummated.
The parties hereto agree that the issue of arbitrability shall likewise be decided by the arbitrator, and not by any other person. That is, the question of whether a dispute itself is subject to arbitration shall be decided solely by the arbitrator and not, for example by any court. In so doing, the intent of the parties is to divest any and all courts of jurisdiction in disputes involving the parties, except for the confirmation of the award and enforcement thereof. The prevailing party in a contest over jurisdiction shall be indemnified for all costs and expenses.
OTHER TERMS & CONDITIONS
We will provide you with regular opportunities to tell us your marketing preferences, including in our communications to you. You can call or email us to tell us your marketing preferences and to opt out.
If you no longer want to receive marketing-related e-mails from Capstone on a going-forward basis, you may opt out of receiving these marketing-related emails by clicking on the link to “unsubscribe” provided in each e-mail or by contacting us at the above addresses. We will endeavor to comply with your opt-out request(s) within a reasonable time period. Please note that if you opt out as described above, we will not be able to remove your Personal Information from the databases of third parties with whom we have already shared your Personal Information (i.e., to those to whom we have already provided your Personal Information as of the date on which we respond to your opt-out request). Please also note that if you do opt out of receiving marketing communications from us, we may still send you other important administrative communications from which you cannot opt out.