Performant

Terms & Disclaimers

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Terms & Conditions

Performant Financial Corporation believes in maintaining the privacy and confidentiality of an individual’s personal information is important. We provide the following privacy policy (the “Privacy Policy”) in order to demonstrate our firm commitment to privacy. Performant Financial Corporation may need to change this Privacy Policy from time to time in order to address new issues and to reflect changes on our Site. Please refer back to this Privacy Policy regularly because your use of the Site signifies that you agree to be bound by the terms and conditions of this Privacy Policy, as amended from 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 individual.)

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 preferences.

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 such third parties and users should check the applicable privacy policy 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.

Performant Financial Corporation cannot control the use of cookies by 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. You can set yours to refuse cookies, or to alert you when cookies are being sent.

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 at all. Performant Financial Corporation’s Privacy Policy does not apply 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.

Questions regarding this Privacy Policy should be directed to Performant Financial Corporation’s Customer Support by email at privacy@performantcorp.com.

Disclaimers And Other Information

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, directories, 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 info@performantcorp.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.

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