Legal

Terms and Conditions of Use

Last updated: October 1, 2023

1. Please read these Terms and Conditions of Use carefully before using our services or this site.

2. You must agree to adhere to and be bound by these Terms and Conditions of Use, to use our Services or the Site. If you do not agree to be legally bound by these Terms and Conditions of Use, you are not permitted to use our Services or the Site.

3. These Terms and Conditions of Use may be modified from time to time in the sole discretion of ABCoA.

Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning, regardless of whether they appear in singular or in plural. Definitions for the purpose of these Terms and Conditions of Use:

"Account"

means a unique account created for You to access our Service or parts of our Service.

“Company”

(referred to as either “the Company”, “ABCoA”, “We”, “Us” or “Our”) refers to Advanced Business Computers of America, Incorporated along with any subsidiary or related companies

“Content”

refers to content such as text, images, graphics, photographs, artwork, icons, logos, audio, video, downloads, data, compilations or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

“Device”

means any device that can access the Site or Service such as a computer, a cell phone or a digital tablet.

“Feedback”

means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Site.

“Site” or “Service(s)”

refers to ABCoA System, ABCoA Technology, and/or ABCoA Website, and includes the information, features and services provided by ABCoA or any subsidiary or related companies

“ABCoA System”

shall mean computer systems and communication equipment designated and controlled by ABCoA and used for hosting, developing, or updating the Services and any other ABCoA Technology.

“ABCoA Technology”

shall mean any and all Technology developed by or for ABCoA, including (without limitation) the Deal Pack® and ABCoA software solutions and electronic commerce applications.

“ABCoA Web Site”

shall include any and all ABCoA Technology, Service(s), Add-On Services, the ABCoA System, and underlying systems.

“Competitive Business(es)” or “ABCoA Competitor”

means any individual, business, or entity engaged in the same or substantially similar business as ABCoA, including any individual, firm, partnership, joint venture, corporation, limited liability company, limited partnership, sole proprietorship, or any other business, regardless of form, and/or any licensee of such entity, that creates, develops, manufactures, markets, distributes, and/or sells software pertaining to dealer management, finance company management, loan origination, loan servicing, loan management, service and parts department management, actual-cost vehicle values, accounting or general ledger entries, inventory management, desking or financial product calculations, payment processing, credit reporting, electronic document management and vaulting, subprime analytics and securitization, or customer relationship management.

“Deal Pack” or “Deal Pack® Pro” or “DPP” or “Deal Pack® Web” or “DPW” or “Dealership Sales Tools” or “DST” or “eAutoPayment” or “eAP” or “Digital Loan Jacket” or “DLJ” or “cyclCRM” or “Capsa”

shall mean those certain electronic commerce software applications developed and made available by ABCoA to Customer, including (i) any and all ABCoA Web Site therein; (ii) any and all ABCoA Technology used, incorporated, stored or accessible therein; and (iii) any and all Technology provided to ABCoA or created by Customer in connection therewith, all as implemented on the ABCoA System and made accessible to Users.

“Terms and Conditions”

(also referred to as "Terms") mean the terms and conditions that form the agreement between You and ABCoA regarding the use of the Service which include, if applicable, the Application Service Provider Agreement, including any and all Exhibits, Addenda, Software Usage Terms and Conditions, the Sign Up Application, Service Orders (collectively referred to as “Agreement”), and any other documents disclosed and required by ABCoA that you review, understand, and accept. When you use the Service, you enter into a binding contract with ABCoA. If you are an individual acting on your company's or client's behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client – the Customer. You need to agree to these terms to use the Service. By using the Service, you are instructing us to share your data across our Service for marketing, eligibility, and other purposes consistent with the terms and conditions and applicable law. This data may include credit information and other information we obtain from third parties. By accessing or using the Service, you represent and warrant that you (a) have the power to bind Customer – the entity subscribing to the Service, and (b) have read, understand, and agree to be bound by this Agreement and all terms incorporated by reference. If you do not agree to this Agreement, you are not authorized to access or use the Service. Your use of our Service or the Site indicates that you have read, understand, and accept all of the Terms and Conditions of Use.

“Third-party”

means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

“Website”

refers to www.ABCoA.com or other Internet domains controlled by ABCoA or any subsidiary or related companies.

“You”

means the individual accessing or using the Service, or the company (along with any parent, subsidiary, affiliate, or related companies), or the employees of the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These Terms and Conditions are terms of a legal agreement between You and ABCoA and govern your use of and access to the Site, Service, and related online information. By accessing, browsing, and/or using the Site (or any website or online property owned or controlled by ABCoA), Service, or any related online property, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions of Use, do not use our Service or this Site.

The Site is controlled and operated by ABCoA, or its subsidiaries or related companies, from its offices within the United States of America. ABCoA makes no representation that materials in the Site are appropriate or available for use in other locations, and access to any Site from a location where access to its contents may be illegal is prohibited. You are responsible for compliance with any local laws that may affect your actions in gaining access to the Site.

This Site contains other proprietary websites, notices, and copyright information of which the terms must be observed and followed. Information on this Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. ABCoA reserves the right to make improvements and/or changes to the products and/or the programs described in this information at any time without notice. ABCoA makes no representations whatsoever about any other third-party website which you may access through this one. ABCoA does not endorse or accept any responsibility for the content or use of any other third-party website you access from this site. It is up to you to take precautions to ensure that whatever you select for use is free from such items as trojan horses, viruses, worms or any other items that may cause destruction. ABCoA does not wish to receive proprietary or confidential information from you through our website. Any information or materials sent to ABCoA will NOT be considered confidential. By sending such information or materials, you grant ABCoA an unrestricted and irrevocable license to use such items for any purpose. ABCoA will not, however, release your name, information or materials to any third-party without approval or unless required to do so by law. ABCoA may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices.

The Site may contain hyperlinks to other websites that are not operated by ABCoA. ABCoA does not control these websites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between ABCoA and their operators. Such hyperlinks are provided for your reference only.

The Terms and Conditions govern your access to and use of the Site. Additional terms and conditions may apply to your purchase and/or use of ABCoA products or services and to certain provisions or pages of the Site as noted therein. For any software that you download or use from the Site, if additional terms and conditions do not accompany the software that you download or use, then the terms and conditions set forth in the applicable agreement will apply.

By purchasing products or services from ABCoA, you agree to abide by the respective License Agreement(s), usage terms and conditions, restrictions and requirements. The user acknowledges and agrees that ABCoA has a NO REFUND POLICY and limitations on liability, specifically stated in the respective agreement(s).

Copyright and Trademark Statement

Copyright © Advanced Business Computers of America, Inc. (ABCoA)

Except as otherwise provided on the Site, all right(s), title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to ABCoA or another party that has licensed or provided permission of use of their material to ABCoA. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Subject to these Terms and Conditions, ABCoA grants you a limited, nonexclusive right to access and make personal use of the website and the materials and information contained on the website. Except as stated herein, none of the material or information on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission from the President of ABCoA or the copyright owner. You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without ABCoA’s permission, "mirror" any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute and download the materials on the Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

All parties submitting materials to ABCoA’s website represent and warrant that the submission, installation, copying, distribution, and use of such materials in connection with ABCoA will not violate any other party’s proprietary rights. The user understands and agrees that ABCoA is not responsible for any errors created in or damage to materials as a result of the installation or maintenance on ABCoA Web servers, or their use by anyone accessing ABCoA Web servers. All use of ABCoA’s website, products, and services must be in accordance with ABCoA’s Terms of Service. ABCoA web pages may contain links to other pages not sanctioned by the company. ABCoA’s registered trademarks, service marks, word marks, and logos, including “Advanced Business Computers of America,” “ABCoA,” seal, and media productions, may not be used or reproduced without written permission from the President of ABCoA, Inc. Any individual, organization, or company wishing to use ABCoA’s logos and trademarks must obtain the right to do so in writing from ABCoA’s principals.

Intellectual Property Information

© ABCoA, Advanced Business Computers of America, Inc. All rights reserved.

Deal Pack® is a registered trademark of Advanced Business Computers of America, Inc.

© e-CBI is a service mark of e-CBI, Inc.

© BookItOut is a service mark of BookItOut, Inc.

Web Hosting, Digital Loan Jacket, eAutoPayment, and Concord BI Subprime Analytics are properties of Advanced Business Computers of America, Inc.

AMS Advanced Management Systems is a registered trademark of Advanced Business Computers of America, Inc.

cyclCRM is a registered trademark of Advanced Business Computers of America, Inc.

DST Dealership Sales Tools is a registered trademark of Advanced Business Computers of America, Inc.

This website, which includes all parties’ trademarks, service marks, properties or copyrights are the property of their respective owners and should be treated as such. All materials on the Site, including without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site, including any video material produced or provided on the Site by ABCoA, (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. You may not delete, distort, or otherwise modify the content. Any unauthorized attempt to modify any content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited.

If you believe that you work has been copied on the Site in any way without your permission, please provide the following information to our team at legal@ABCoA.com Your notice must include the following information:

• Name, Company Name, Email, and Phone Number.
• A description of the work you claim has been infringed.
• Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site.
• A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ABCoA prepared this Privacy Statement (hereinafter referred to as the “Statement”) in an effort demonstrate our firm commitment to privacy. Due to the sensitive nature of the information we collect from our users, including address and phone numbers, we believe it is important to satisfy strict privacy requirements. Please read this Statement carefully so that you understand what information ABCoA collects and how this information is used. The information in this Statement applies only to information collected online through this website and does not address ways in which ABCoA may collect or use information obtained through other channels, for example offline, telephonic, writing, or any way other than ABCoA’s website. This purpose of this Statement is to describe the ways in which ABCoA's collection, use, and disclosure of information occurs in connection with the operation of this website. Be advised that ABCoA may share any information you submit through this website with authorized affiliates and nonaffiliated third-parties. For more information regarding any third-party's information collection, use, and disclosure practices, please review the privacy policy on the applicable third-party's website. The ABCoA website may contain links to other third-party websites. Be advised that ABCoA assumes no responsibility for the content of any third-party websites and is not responsible for the privacy practices or content of any third-party websites.

Rules of Conduct

You understand and agree that:

• Your use of the Site, including any content you submit, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms of Use.
• You will not impersonate any other person or submit content on behalf of any other person or entity.
• You will not submit content in exchange for payment or consideration received from any third-party.
• You will not collect content from the site for any other use except personal information.
• You will not submit any content that infringes on the intellectual property rights or other rights of any person or entity.
• You will not submit any content that intentionally interferes with the Site’s operation.
• You will not submit any content that violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about ABCoA or any other company or person without authorization (including the names and contact information for ABCoA employees and Site users).
• You will not submit content that is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgement).
• You will not submit content that contains or installs any viruses, worm bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.
• You will not submit content that contains false or deceptive language, unsubstantiated or comparative claims regarding our or other’s products, third-party advertising, spam, or chain letters.

Confidential Information

"Confidential Information" shall mean the nonpublic and/or proprietary information revealed by ABCoA, including without limitation all forms and types of financial, business, scientific, technical, economic or engineering information of ABCoA, and including without limitation, the applications provided through the Site. You agree to keep all Confidential Information acquired from ABCoA, whether in connection with your use of the Site or otherwise, confidential. You shall not use the Confidential Information except as expressly provided herein, and you shall not disclose the Confidential Information without express written permission from the President of ABCoA. All Confidential Information shall remain the property of ABCoA and shall not in any manner be deemed licensed or transferred to you. You shall return or destroy all Confidential Information on ABCoA's request, upon the termination of the Terms of Use, upon termination of your rights to use the Site, or upon termination of the Application Service Provider Agreement for AWS-Hosted Deal Pack Software, Vendor Integration Agreement, Direct Access Agreement or Lender Access agreement under which you are authorized to use the Site. You shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the Site or any applications, data or information provided on or through the Site. Without limiting the generality of the foregoing sentence, you agree that you will not use or disclose to any other party any nonpublic personal information which you receive in connection with the Terms of Use or through the Site, except as expressly permitted in the Terms of Use or by applicable law. You acknowledge and agree that: (a) irreparable injury will result to ABCoA in the event of a breach by you of this obligation of confidentiality, (b) ABCoA's remedy at law for such breach is inadequate and (c) ABCoA, in addition to any money damages for any such breach, shall be entitled to temporary and permanent injunctive relief without the necessity of proving damages, and that ABCoA shall not be required to post bond as a condition of such relief. This provision shall survive the expiration or termination of the Terms of Use, upon termination of your rights to use the Site, upon termination of the Application Service Provider Agreement for AWS-Hosted Deal Pack Software, Vendor Integration Agreement, Direct Access Agreement, Lender Access agreement or any other agreement or addendum between ABCoA and the party that authorized you to use the Site.

Security

Use of the ABCoA System or ABCoA Technology is restricted to ABCoA and its authorized users. Unauthorized use of the ABCoA Services including, but not limited to, entry into the site, misuse of passwords, or misuse of any information within the site is strictly prohibited. Without limiting the generality of the foregoing, you hereby acknowledge and agree that it is a violation of the Terms and Conditions of use to log onto the site with a login ID and password that was not assigned to you personally. You agree to keep all login ID’s and passwords confidential and to immediately notify ABCoA if you learn that the security of your login ID and/or password have been compromised and/or if you suspect that anyone other than yourself has accessed any ABCoA System, ABCoA Technology or ABCoA Site with your login ID and password.

You agree not to use any functions on the Site which you are not authorized to use. Without limiting the generality of the foregoing, you agree not to use the Site to obtain credit bureau reports in any manner that would violate applicable federal, state or local laws. You agree to access and/or enter information on the Site with respect to the entity by which you are employed only, and not to access any other entity's information.

Additional Terms Applicable to use of Credit Bureau Services

The following terms shall apply to your use of the credit bureau service, if any. You represent, warrant and covenant that:

• You will not use the credit bureau application for any purpose that is improper or that violates the Terms of Use or any applicable federal, state or local law, rule or regulation;
• You will comply with all applicable federal, state and local laws relating to your acquisition and use of credit information and other and other personally identifiable financial information, including, without limitation, the Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996, 15 U.S.C 1681 ("FCRA"), and Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 - 6810 and its implementing regulations wherever promulgated;

With respect to California consumers, you shall comply with all applicable provisions of the California Consumer Credit Reporting Agencies Act, Cal. Civ Code et seq., as amended, and hereby certify that:

• (i) you are using the credit bureau application in connection with your employment by a "retail seller" as that term is defined in Cal. Civ. Code 1802.3 that issues credit to consumers who appear in person on the basis of applications submitted in person,
• (ii) prior to requesting a consumer report through the Site, you have inspected the applicant's photo identification;
• (iii) you will only use the appropriate code number designated by the applicable credit reporting agency for accessing consumer reports for California consumers,
• (iv) if the address on the consumer credit report does not match the address on the application, you will take reasonable steps to verify the accuracy of the consumer's address, and either communicate with the consumer by telephone or in writing to confirm that the credit transaction is not the result of identity theft; and
• (v) if you receive a consumer credit report with a clearly identifiable notification, consisting of more than a tradeline, that information in the report has been blocked as the result of identity theft, you will not extend credit without taking reasonable steps to verify the consumer's identity and to confirm that the credit transaction is not the result of identity theft. This clause does not limit or otherwise restrict your duty to comply with clause (b) above;

With respect to Vermont consumers, you agree to comply with 9 Vermont Stat. Ann. 2480e and 2480g, and expressly agree to obtain the consumer's consent before requesting a consumer report through the Site to the extent and in the manner required by Vermont law. This clause does not limit or otherwise restrict your duty to comply with clause (b) above; and

You will make inquiries and use any consumer reports you receive only for the following purpose and no other purpose: In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of the consumer.(THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.)

You shall use each consumer report only for one-time use and will hold in strict confidence each consumer report you receive and not distribute a copy to any other party, except as required or permitted by any law or other lawful order.

If you have any questions about these Terms and Conditions of Use, please contact us by visiting this page on our website: https://abcoa.com/contact-us/

Privacy Policy

Last updated: October 1, 2023

The protection of your nonpublic personal information is important to us. It is common for companies like ours to share information, in some cases, with nonaffiliated third-parties. Because we recognize that keeping your nonpublic personal information private is important to you, we would like to take this opportunity to explain our Privacy Policy.

Our Privacy Policy applies to those persons who obtain services from us. Our goal is to respond to your inquiries and to provide products, services, and other information you request. This Privacy Policy explains:

• The types of information we may collect about you
• The types of information we may disclose to third parties
• The types of third parties to whom we may disclose information
• How we protect the nonpublic personal information we collect about you

We may collect nonpublic personal information about you from the following sources:

• Information we receive from you on application or other forms, such as your name, address, telephone
• numbers, e‐mail address, birth date, social security number, income, and employment history.
• Information about your transactions with us or others, such as your account balances and payment histories.
• Information we receive from your consumer credit reports or a consumer reporting agency, such as your credit worthiness, credit score, or credit history.
• Representations made by you to us, such as your employment history, account balances, payment histories, and your relationship with other persons or entities that you have listed as references.

We may disclose all of the nonpublic personal information that we collect about you as a consumer, customer, or former customer to third parties as permitted by law. We may also disclose the nonpublic personal information we collect about you to third parties that perform services on your behalf or in connection with the products and services we sell or to other financial institutions with whom we, or businesses we work with, have agreements, such as third parties who: supply or administer the goods and services, including insurance products, warranties and extended service contracts; advertise or market the products and services; make service and customer satisfaction inquiries on our behalf; or provide other related services. We are permitted by law to disclose information about you to third parties that perform such services and/or to other financial institutions with whom we have agreements. We are not required to give you the opportunity to opt out of such disclosures.

We take our responsibility to protect your nonpublic personal information very seriously. Whenever we collect information about you, we restrict access to your nonpublic personal information to our employees and those third parties who need the information to respond to your inquiries, to provide better customer service, and to provide products, services and other information you request. We explain the importance of protecting your nonpublic personal information to our third-party affiliates and our employees, and we take appropriate measures to enforce employee responsibilities regarding our Privacy Policy. We also maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of the information we collect. We ask any third-party who receives information about you from us to keep that information confidential and to use the information only as permitted by law.

We appreciate your business and the opportunity to assist you in understanding our Privacy Policy. We hope that you have found this information to be useful and appreciate the opportunity to continue to serve you in the future. If you have any questions about our privacy policies, please contact us.

ABCoA has prepared this Privacy Statement (hereinafter referred to as the “Statement”) in an effort to demonstrate our firm commitment to privacy. Due to the sensitive nature of the information, we collect from our users, including address and phone numbers, we believe it is important to satisfy strict privacy requirements. Please read this Statement carefully so that you understand what information ABCoA collects and how this information is used. The information in this Statement applies only to information collected online through this website and does not address ways in which ABCoA may collect or use information obtained through other channels, for example offline, telephonic, writing, or any way other than ABCoA’s website. The purpose of this Statement is to describe the ways in which ABCoA’s collection, use, and disclosure of information occurs in connection with the operation of this website. Be advised that ABCoA may share any information you submit through this website with authorized affiliates and nonaffiliated third-parties. For more information regarding any third-party's information collection, use, and disclosure practices, please review the privacy policy on the applicable third-party's website. The ABCoA website may contain links to other third-party websites. Be advised that ABCoA assumes no responsibility for the content of any third-party websites and is not responsible for the privacy practices or content of any third-party websites.

The Collection of Personally Identifiable Information

By using the ABCoA website, you acknowledge that you have read this Statement and that you agree that the Terms and Conditions of Service govern your transactions with ABCoA. The following discloses our information gathering and dissemination practices for this website. The following section describes the information we collect from you and indicates the primary purposes why we collect each type of information from you. If we use your information or disclose or distribute your information to third parties for a purpose that is not related to the following purposes, we will notify you by email of your right to opt-out of that use, disclosure or distribution beforehand. Your right to opt-out shall be governed by the Choice/Opt-Out Section below. ABCoA may collect and use the following kinds of Personally Identifiable Information:

Information regarding your use of the ABCoA website. ABCoA may use nonidentifying and aggregate information to better design the website and to share certain information with advertisers. For example, ABCoA may inform an advertiser that a certain number of individuals visited identifiable areas on the website, or that a certain number of visitors to the website filled out a ABCoA registration form. In any event, ABCoA does not disclose any information that may be used to identify individual users; and

Information that you provide for registration with the website. If you provide ABCoA with your email address, you authorize ABCoA to email you about our website or our existing or new services. ABCoA may also use your email address to send you a request to provide us feedback regarding your satisfaction with our website or affiliated sites. Of course, you always have the option to unsubscribe by following the instructions included in each email sent by ABCoA; and

Information that you provide for the purpose of subscribing to the website services. However, as described, we never use or share the Personally Identifiable Information provided to us online in ways unrelated to the ways described herein without also providing you an opportunity to optout or otherwise prohibit such unrelated uses; and

Information that is collected on a regular and automatic basis such as: a. Cookies, which are used to allow ABCoA to modify the website as needed based on usage, feedback and other information collected from visitors. ABCoA, through the use of cookies, tracks all pages visited through the placement of a small entry in a text file that is automatically placed on your hard drive. Each cookie will contain a unique identification number that allows ABCoA to track the pages viewed by a website visitor. ABCoA uses the information from you, and all other visitors, to summarize the information and develop specific reports for internal use. Please note that cookies are not designed to retrieve unrelated data from your computer. Also note that advertisers and third parties, who may have links on our site, may have their own cookies. ABCoA is not responsible for the placement of cookies by these third parties. You may consult with an IT. Professional to determine how to control the placement of cookies on your computer. Please be advised that if you disable the ability to accept cookies the functionality of this site may be diminished; and Internet Protocol (IP) Addresses: ABCoA may also record your IP address, which is the exact location of your computer on the world wide web. We use your IP address to help diagnose problems with our server, and to administer the website. Your IP address is, or may be used to help identify you, to track activity within the website and to gather broad demographic information. Our web server will collect IP information; and c. Web Beacons: ABCoA may use web beacons, which are digital or electronic images embedded into a webpage on the website. ABCoA may place such a small file on all or some of our web pages, as well as emails we may send out. Web beacons, and other tracking mechanisms such as cookies, allow ABCoA and its advertisers to track website usages by visitor; and d. Web Browser Information: ABCoA’s web server may automatically collect certain information about your computer’s configuration when you visit the website, including the type of web browser software you use, the type of computer operating system you have, the resolution of your computer monitor, the website, if any, that referred you to the website, and your unique IP address.

ABCoA may use the above-listed information to better understand the site usage by all visitors, the particular traffic patterns on our site, the particular details about the usage of our site such as, among other things, length of stay, pages viewed, and the particular type of web browser you are using. Please be advised that you are not required to provide any Personally Identifiable Information to visit ABCoA’s website. ABCoA collects Personally Identifiable Information only when you make it available through your use of ABCoA’s website.

For additional information please see ABCoA’s Cookie Policy.

ABCoA’ s Use of Personally Identifiable Information

Please be advised that ABCoA may use your personal information to: 1. Administer ABCoA’s website; and 2. Monitor, set, enable, or disable your access to and use of the website services; and 3. Send to you communications about services you used or requested; and 4. Send you statements and invoices; and 5. Collect payments from you; and 6. Send you marketing communications; and 7. Send you information regarding surveys or promotions; and 8. Send you information to subscribe to ABCoA e-newsletters and notices; and 9. Other uses such as: a. To obtain confirmation from you, and b. To provide follow up or feedback to you, and c. To send to you marketing information, and d. To facilitate communications with you, and e. To manage affiliated websites, f. To help facilitate the production of website usage reports, and g. To help improve visitor experiences, and h. To help gather statistical information to better develop the website and to optimize ABCoA’s presence on the world wide web. If ABCoA discloses your personal information to its authorized affiliates for these purposes, ABCoA requests that the affiliate be obligated to use that Personally Identifiable Information in accordance with the terms of this Statement. It is important to note that in addition to the disclosures of Personally Identifiable Information for ABCoA’s purposes, ABCoA may be required to disclose your Personal Identifiable Information to the extent that it is required to do so by law, in connection with any legal proceedings, or as otherwise required in any legal action.

ABCoA’s Information Sharing of Personally Identifiable Information

Users of ABCoA’s website acknowledge and agree to permit ABCoA to share Personally Identifiable Information that has been provided by website users with third parties, who are, but not limited to: 1. Affiliates: ABCoA is authorized to share your Personally Identifiable Information with its affiliates and nonaffiliated third-parties. ABCoA will take reasonable steps to ensure that the affiliates' Privacy Statement governing the use and/or disclosure of personal information is similar to ABCoA’s Privacy Statement. 2. Customer or Visitor Requests: If a customer or visitor requests information or services from ABCoA through the website, you acknowledge and agree that ABCoA may use and share your Personally Identifiable Information with affiliates and nonaffiliated third-parties as deemed necessary to accomplish your service request.

Please be advised that once ABCoA submits to any third-party, the subsequent use or disclosure of Personally Identifiable Information is subject to the third-party’s privacy statements. ABCoA assumes no responsibility, nor shall it be responsible for the third-party’s use or disclosure of information. 3. Direct Marketing: ABCoA may, from time to time, send to those customers who are over the age of eighteen years old and who have affirmatively agreed to receive third-party direct marketing materials, direct marketing communications. ABCoA will take reasonable steps to communicate with any third-party used for such direct marketing that the information provided to them is considered Personally Identifiable Information and confidential, which makes it subject to the specific third-parties' privacy statements. 4. General Releases of Personally Identifiable Information: Through your use of this website, you hereby acknowledge and agree that ABCoA has the right to release any Personally Identifiable Information, or any other information provided to ABCoA or to third-parties as follows: a) At times when ABCoA may be required to do so by operation of law or legal proceedings; and b) To implement and/or enforce ABCoA’s agreement with its customers; and c) To investigate potential fraudulent activity or investigate reported illegal activity, suspected abuse, or any other unauthorized use of the website; and d) To take the necessary precautions to protect the property or safety of our ABCoA’s customers or visitors; and e) To help facilitate the sale of a customers’ vehicle on ABCoA’s website; and f) To use and/or disclose your Personally Identifiable Information to third parties if you have provided your Personally Identifiable Information in a manner that made it publicly available on ABCoA’s website.

Children’s Privacy

ABCoA recognize’s the importance of Children’s safety and privacy. We do not request, or knowingly collect, any personally identifiable information from Children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information, he or she should write to us at legal@ABCoA.com. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

ABCoA’s Promotions

ABCoA may offer certain promotions via the website. If you enter a promotional event, ABCoA may require that you provide Personally Identifiable Information. ABCoA may, among other reasons, use the provided information to contact you regarding the promotional event or for other marketing purposes, including the sharing of the information with third parties. If it is your intent not to provide Personally Identifiable Information, then ABCoA recommends that you do not participate in any promotional events presented on the website.

Website Links Provided on ABCoA’s Website

ABCoA may provide links to other websites so that visitors to the ABCoA website may obtain information from third-party affiliates or to learn more about related products and services. The ABCoA website may include links to other websites, whereby customers have gain access to products and services offered by third-party affiliates. As previously mentioned, ABCoA is not responsible, in any way, for the Privacy Statements and Policies of any third-party affiliate. Please be advised that if you access a third-party website through a link provided on the ABCoA website, and if you provide Personally Identifiable Information, and then purchase a product or service, or if you conduct any other business with the third-party website, your use of the third-party website shall be governed by the privacy statement and policy of that site and not the ABCoA website. It is worth noting that the third-party websites’ privacy statement may not be consistent with ABCoA’s Privacy Statement.

ABCoA’s Website Security

ABCoA recognizes that your Personally Identifiable Information is important to you. ABCoA will take reasonable steps to maintain it in accordance with the requirements of the law and to ensure that it is accessible only to authorized personnel on an as needed basis to operate our business and as permitted by this Statement. ABCoA may collect credit card information from you, and when we do, we will use Secure Socket Layer (“SSL”) encryption, which is the internet industry standard encryption method for protecting privacy in certain web transactions. We must advise you that even though ABCoA takes these measures, ABCoA does not provide any express or implied guarantees for complete security of its computers, servers, databases, or access portals. ABCoA makes no guaranty, whatsoever, that your Personally Identifiable Information, which you submit via the website, may not be accessed or intercepted by third parties, or inadvertently disclosed. All user data is stored on our servers. The user may request, via email or telephone, additional information about the website’s security practices. The requested security information will be made available to the user via email, fax or postal mail, at our discretion.

ABCoA’s Usage and Disclosure Policy

ABCoA at times may supply data and information to its advertisers to help the advertisers better understand the users of the ABCoA website. In general, ABCoA normally provides this information in an aggregated statistical format. As noted herein, your credit card information that you may have provided is maintained in a secured setting via the use of the SSL encryption and is then stored on ABCoA’s private and secure servers. ABCoA will use your credit card information for the sole purpose of billing you for the services you order from this website. It is not ABCoA’s policy to share your credit card information with anyone else and disclosures may occur only when necessary to process your transactions or comply with federal or state law. ABCoA may, at times, use an independent third-party, such as a bank or credit card processing company, to collect on ABCoA’s behalf, or to assemble aggregated statistical information about how certain visitors use and navigate through ABCoA’s site, to calculate and report how many users visit various pages within ABCoA’s site, to other operational information about what visitors are viewing on our site. ABCoA does not assemble this information in a way that would identify you personally. ABCoA reserves the right to provide the information gathered and produced in aggregate fashion to third parties. ABCoA may, from time to time, release information about our website visitors when release is required by law, and to protect the rights, property, or safety of our customers or website visitors. At times, customers or visitors may choose to unsubscribe to automatically sent emails in response to an email message that was sent by ABCoA on our behalf or on behalf of one of our advertisers. When you do, ABCoA will do its best to share your email address and related “unsubscribe” instructions with the advertiser to ensure that your email privacy preferences are honored. ABCoA, at times, may use a third-party to send our customers an automatic email communication or offer on our behalf, and when we do, ABCoA will do its best to share with that third-party agent a list of our customers’ email addresses collected from website visitors that have specifically unsubscribed out of ABCoA’s email program. ABCoA may provide access to ABCoA’s databases to third-party affiliates to help facilitate the aggregating of information as noted herein. As mentioned in this Privacy Statement, certain accessed information contained in our databases may be deemed Personally Identifying Information so ABCoA will do its best to ensure that the access granted is to the sections of our database that contain information that is otherwise publicly available on ABCoA’s website.

Modifications to ABCoA’s Privacy Statement

ABCoA reserves the right to make additions, deletions, or modifications, in whole or part, to this Statement. If and when ABCoA recognizes the need to change its Statement, all such changes to this Statement will be made on the website and an update will be made regarding the effective date to reflect the date of the changes. All concerns or disputes regarding this Statement are governed by the terms and conditions contained herein.

ABCoA is not responsible for inaccuracies in data provided by third parties, such as credit reporting bureaus. You may review your data by emailing ABCoA at the email address below. Any inaccuracies in your data may be corrected through a subsequent telephone call to us, at a telephone number provided in a reply email.

Summary of Your Rights under GDPR

European Privacy Rights

If you are a resident of the European Economic Area, you have the following rights:

• Right to be informed: You are entitled to know whether we hold your Personal Information and the purpose your Personal Information is processed for.
• Right of access: You are entitled to obtain a copy of your Personal Information, together with an explanation of the categories of Personal Information being processed, the purposes of such processing, and the details of third parties to whom the Personal Information may have been disclosed to.
• Right to rectification: You are entitled to correct and/or update your personal information available with ABCoA.
• Right to erasure: You are entitled to get your personal information erased from our customer relationship management (CRM) database. Please note that we need to retain certain Personal Information about you for legal and internal business reasons, such as fraud prevention. We will retain your Personal Information for as long as necessary to comply with our legal obligations and enforce our agreements.
• Right to data portability: You are entitled to obtain and reuse your Personal Information. You can either obtain the Personal Information from us or, in turn provide it to a third-party (if you so wish), or ask us to transfer your Personal Information directly to a third-party.
• Right to object/restrict Processing or both: You have a right to object / restrict the Processing of your Personal Information in some circumstances, including where the Personal Information is inaccurate (for the period during which we are verifying the Personal Information), the Personal Information is no longer required in light of the purpose of Processing, or in connection with direct marketing (you can prevent / discontinue marketing communications to you by checking certain boxes on the forms we use to collect your Personal Information), or by utilizing opt-out mechanisms in the email we send you. You shall also have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning and similarly significantly affecting you.

In the above cases, we will retain minimum Personal Information to note that you opted out from being contacted again. For the exercise of any of the above-mentioned rights, please write to us at legal@ABCoA.com.

California Privacy Rights (also known as “CCPA”)

If you are a resident of California, this section provides additional details about the personal information we collect about you, and your rights under the California Consumer Privacy Act, or “CCPA”.

Subject to certain limitations, the CCPA provides you the right to request:

• That we provide you access to details on the Categories or Specific pieces of Personal Information we collect and/or sell (including how we use and disclose this information, to whom we may sell it);
• That we delete any of your Personal Information;
• To opt out of any “sale” of your Personal Information that may occur;
• and
• To not be discriminated against for exercising any of the above rights.

If you would like to request that we exercise your California privacy rights under the CCPA, please send us an email. We will verify your request using information associated with your account, including your email address. Further identification may be required. You may also designate an authorized representative to act on your behalf. For the exercise of any of the above-mentioned rights, please write to us at legal@ABCoA.com. ABCoA will not sell your personal information without your prior consent. If you want to opt out of the sale of your personal information, please send us an email.

Nevada Privacy Rights

Nevada law requires us to share with certain Nevada residents the option to opt out of the “Sale” of “Personal Identifiable Information”, as defined by Nevada law. We do not engage in such activity; however, if you are a Nevada resident who has purchased our services, you may submit a request under Nevada law to opt out of any potential future sales by emailing us at legal@ABCoA.com.

Choice/Opt-Out

The ABCoA website provides users the opportunity to opt-out of receiving communications from the website at the point where we request information about the user. The website gives users the following options for removing their information from our database.

Links

Out Site and Services may contain links to third-party websites. For example, occasionally, we may include or offer third-party products or services on our Site at our discretion. These third-party platforms have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of those linked sites, including their information practices.

Change in Control

If we experience a “change in control” (defined below), we may amend our information practices as described in this Statement. We will post on the website home page a notice or a link to a notice which will describe how we will amend our Statement. If you do not agree to our amended privacy statement, you may contact us as described in this Statement and we will allow you to opt-out of the proposed amendments to our privacy statement with respect to the information that we have previously collected from you. Change in control” means any of the following events:

• we undergo a reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of our voting securities and/or assets, by operation of law or otherwise.
• we become insolvent.
• we make a general assignment for the benefit of creditors.
• we suffer or permit an appointment of a receiver for our business or assets.
• we become subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign; or we are liquidated, voluntarily or otherwise.

Customer’s Usage of ABCoA’s Website

ABCoA has created this website for you. ABCoA understands that the needs of its users and customers vary. ABCoA will do its best to offer services and features that best fit the needs of its customers and visitors. By using our website, you hereby acknowledge and agree to the terms and conditions contained in this Privacy Statement. Within ABCoA’s website, we provide users with the opportunity to email select pages to a third-party. Please be advised that if you choose to use the email a page service, your name, email address, and a typed message by you, if any, will be visible to the recipient of the email. ABCoA’s email page service is designed to be for personal use and for informational purposes only. Any improper or illegal use of this service is strictly prohibited.

ABCoA will collect and gather information through customers’ and visitors’ usage of the email a page service and any such collection of information will be maintained in accordance with the terms and conditions as contained herein. For more information regarding this Privacy Statement or ABCoA, please email legal@ABCoA.com. All inquiries should be directed to ABCoA’s Customer Service Department in Jacksonville, Florida.

© 1983-2013, Advanced Business Computers of America, Inc.

Cookie Policy

Last updated: October 1, 2023

The Cookie Policy explains how ABCoA uses cookies and similar technologies to recognize you when you visit our website at https://ABCoA.com (“Website”). It explains what these technologies are and why we use them, as well as your rights to control our use of them. In some cases, we may use cookies to collect personal information or information that becomes personal information if we combine it with other information.

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by websites to make them work, or to work more efficiently, as well as to provide information, such as details of your browsing history.

Cookies set by ABCoA are called “first-party cookies.” Cookies set by parties other than the ABCoA are called “third-party cookies.” Third-Party cookies enable third-party features or functionality to be provided on or through the website. The parties that set these third-party cookies can recognize your computer both when it visits the Website and also when it visits certain other websites. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.

We use first and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our website to operate, and we refer to these as “essential” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our website for advertising, analytics, and other purposes. This is described in more detail below.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. We use both Persistent and Session Cookies for the purposes set out below:

Essential Cookies

Type: Session Cookies Administered By ABCoA

Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.

Functionality Cookies

Type: Persistent Cookies

By ABCoA

Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website. If You do not accept Our Cookies, you may experience some inconvenience in your use of the Website and some features may not function properly.

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are required to provide you with service. If you choose not to accept Our Cookies, you may experience some inconvenience in your use of the Website and some features may not function properly.

The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website through your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies.

The specific types of first and third-party cookies served through our website and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphic files that contain a unique identifier that enables us to recognize when someone has visited our website or opened an email including them. This allows us, for example, to monitor the traffic patterns of users for one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of email marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

You can refuse cookies through your web browser controls, which may vary from browser to browser. You should visit your browser’s help menu for more information. The following is information about how to manage cookies on the most popular browsers:

• Chrome
• Internet Explorer
• Firefox
• Safari
• Edge

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit:

• Digital Advertising Alliance
• Digital Advertising Alliance of Canada
• European Interactive Digital Advertising Alliance

For any other web browser, please visit your web browser's official web pages.

Third parties may serve cookies on your computer or mobile device to serve advertising through our website. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide these.

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal, or regulatory reasons. Please therefore revisit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookies Policy, please contact us by visiting this page on our website: https://abcoa.com/contact-us/

Data Breach Response Policy

Last updated: October 1, 2023

ABCoA, Inc. and its subsidiaries are focused on the development of high value software products designed to optimize, organize, manage and protect data and systems on a variety of platforms and environments. Technical support and consulting services are also provided in connection with those products.

As providers of software products, ABCoA takes the security and confidentiality of our customers’ and their consumers’ information very seriously. We are committed to maintaining and improving our information security practices and minimizing our exposure to security risks.

Purpose

Our intentions for publishing this Data Breach Response Policy are to focus attention on data security and potential breaches of that security and to show how our established culture of openness, trust and integrity should help us to respond when potential breaches occur. We are committed to protecting our customers, consumers, employees and partners from illegal or damaging actions by individuals, company’s or rogue organizations, whether or not those actions are intentional.

This Policy describes the procedures and safeguards employed by ABCoA whenever there is a threat of a data breach or other incursion on data collected, stored, processed or managed by either of us (“Breach”). We take this approach for data we hold, manage or process for ourselves and our employees but we also do this on behalf of our customers. This policy also describes the actions that will be taken based on the type and severity of the breach and those necessary to remediate a potential breach.

Scope

This Policy applies to all team members of ABCoA (including all employees of any subsidiary or related companies), all “non‐employee” assigned workers performing services directly for or at of our facilities (e.g., consultants, independent contractors, outsource service providers, general services suppliers, vendor funded personnel, and assigned worker/agency temporary workers), and any other third parties doing business with or acting directly or indirectly on behalf of ABCoA (hereinafter collectively referred to as “You”). Compliance with this Policy is mandatory for You and is a condition of Your employment, assignment or engagement with one of us. This Policy is intended to describe the measures ABCoA will take to comply with (among other things) the U.S. National Institute of Standards and Technology Framework (the “Cybersecurity Framework”) for Improving Critical Infrastructure Cybersecurity.

Reporting a Potential Breach

Any time You suspect that a theft, breach or exposure of Protected Data or Sensitive Data may have occurred, You should immediately report a description of the potential Breach to ABCoA’s Legal Counsel at legal@ABCoA.com with subject: Theft, Breach or Exposure of Protected Data. All reports of potential theft, data breach or exposure will be investigated to confirm if a theft, breach or exposure has occurred. If a theft, breach or exposure has occurred, ABCoA will follow its own requirements for response and remediation of potential breach situations.

Confirmed Breach of Provider’s Protected or Sensitive Data

As soon as a theft, data Breach or exposure containing Protected data or Sensitive data is identified, the process of removing all access to any compromised resource will begin. An internal Breach Response Committee will conduct a comprehensive Breach response. The Committee will enable an internal response team including representatives from:

• Business Management
• Customer Success
• Executives
• Human Resources
• Information Technology
• Legal

This internal team will perform data forensics to analyze the Breach or exposure to determine the root cause; the types of data involved; the number of internal/external individuals and/or organizations impacted.

Responding to a Breach

When a response is required, ABCoA, as appropriate, will be responsible for defining a response communication plan in accordance with regulatory requirements of the potentially disclosed data and the requirements of the individual case. The communication plan may include notification to third parties, regulators, law enforcement or any other party and will be determined with the direct advice and guidance of the respective Legal and Compliance Team.

Remediation of a Breach

In parallel with investigative and notification response measures, actions may be taken to introduce the necessary safeguards to remediate any vulnerabilities and concerns described in the investigative forensic report. Remediation measures may include any or all of the following:

• Arresting any additional data loss
• Review and refinement of incident avoidance and data breach policies
• Remove improperly posted information from the web
• Secure all websites
• Assess third party service providers' access privileges
• Develop forensic review plan/review network segment exposure
• Awareness Training

Again, ABCoA takes the security and confidentiality of their customers’ information very seriously. We are committed to maintaining and improving all information security practices and minimizing our exposure to security risks. Compliance with this Policy is mandatory for all ABCoA’s Associates as defined herein. Violations of this Policy or failure to comply with the standards or requirements laid out herein, whether deliberate or not, will be treated as serious misconduct. Technology is continually changing, and ABCoA reserves the right to revise, modify, suspend, rescind, delete from, or add to this Policy from time to time in its sole and absolute discretion.