Last Updated: May 31, 2022
You can access and interact with our Platform in many ways, including from a computer or mobile device. This Policy applies regardless of how you access or interact with our Platform. Depending on how you interact with our Platform, there may be some cases where we need to provide you with additional information about how we use your Personal Data and/or what options you have regarding our use of your Personal Data. We may provide this additional information via notices on the Platform or via direct communications with you. If we do this, unless we tell you otherwise, the additional information will apply in addition to what is described in this Policy.
Please read this Policy carefully. If you do not want us to collect, use or disclose your Personal Data in the ways described in this Policy, please do not use our Platform, provide us with your Personal Data or authorize a third party to make your Personal Data available to us. By using the Platform, providing us with your Personal Data or otherwise making your Personal Data available to us, you acknowledge that you understand that we may use your Personal Data as described in this Policy. If you have any questions about how we collect, use, protect, disclose or otherwise process Personal Data, including whether we have received your Personal Data from a third party, please contact us by email at [email protected].
1. PERSONAL DATA WE COLLECT
Our primary goals in collecting Personal Data are to provide and improve our Platform, to conduct our operations, to communicate with you and to enable visitors to our Platform to enjoy and easily navigate it. This section describes what Personal Data we collect.
When we refer to “Personal Data” in this Policy, we mean information that identifies, relates to, describes or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a specific person. This might be information that directly identifies someone, such as their name, or it may be information that identifies someone only when combined with other information available to us. Please note, except as provided under applicable laws, Personal Data does not include information that is publicly available through government records or information that has been deidentified or aggregated in a way that it cannot be used to identify a specific individual.
1.1 Categories of Personal Data We Collect. Depending on the type of activity you are performing on the Platform or how you use or interact with our Platform, we may collect and disclose the following Personal Data:
(a) identifiers and contact information, such as your real name, alias, email address, telephone number, postal address, physical address, unique personal identifier, government-issued identification numbers, date of birth, online identifier, IP address and other similar information;
(b) financial information, such as bank account number, account balances, income, expenses, purchases, credit card number, debit card number, digital wallet information and similar types of information;
(c) Platform account information, such as your username, password, account activity and similar information;
(d) online identifiers you use, such as your username, social media handles and similar information;
(e) communication information, such as information contained in voice mails, chats, emails, and other similar information.
(f) third-party financial account information, such as your user IDs, passwords and similar information; and
(g) other information you or third parties provide us.
1.2 Usage Information. We may collect information about the devices that access or interact with our Platform (“Usage Information”), which may include:
(a) device information, such as the IP address, general geographic location, operating system, browser type, language preferences, mobile phone number, device identifier and other similar information associated with a computer or mobile device used to access or interact with our Platform;
(b) information about interactions with our Platform, such as links that are clicked, pages or screens that are viewed, access and session times, interactions with emails we send, and other similar information associated with activities on our Platform;
(c) information about Internet and network activity, such as websites visited, search engine results and similar information associated with a computer or mobile device that accesses or interacts with our Platform;
(d) information automatically collected by cookies and other technologies on our Platform; and
(e) any other information that a computer or mobile device automatically sends whenever connected to a website or an online application.
Usage Information, by itself, generally does not identify the specific person using the computer or mobile device that generated it. This means that Usage Information usually will not be considered Personal Data and our use of such Usage Information is not subject to this Policy. However, if we link Usage Information directly with other Personal Data or other information that could identify a specific person, we will treat the linked Usage Information as Personal Data and use the linked Usage Information in accordance with this Policy.
For more information about how we collect Usage Information, please see the “How We Collect Usage Information” section below.
2. HOW WE COLLECT PERSONAL DATA
2.1 Directly From You. When you engage with us in connection with our Platform, such as requesting information, creating an account, signing up to receive communications, communicating with us or otherwise interacting with us, we may ask you to provide certain Personal Data. Some of the Personal Data we request may not be required, however, we will specifically indicate what Personal Data is required to engage in such activity.
2.2 From Third Parties. We, or third parties acting on our behalf, may collect Personal Data about you from third parties, including, without limitation, online and offline sources, entities affiliated with us, our service providers, social media platforms, advertising networks and other public or commercial sources (collectively, “Third Party Sources”). In some cases, you may be able to revoke our access to your Personal Data and other content and information we receive from a Third Party Source by changing the appropriate settings for your account with That Third Party Source. The collection of Personal Data from these Third Party Sources can occur in a variety of ways, including, without limitation:
(a) We, or third parties acting on our behalf, may receive Personal Data about you from third parties that provide services to us through or in connection with our Platform (“Service Providers”). Service Providers may include, without limitation, third parties that host our Website, payment processing providers, and parties that provide us services related to emails and other communications we send and receive. In addition to others, some of our Service Providers include:
- Twilio, Inc. – we use SendGrid, an email service provided by Twilio, Inc. (“Twilio”), to send out automated emails from our Platform, such as registration and welcome messages, basic notifications, and password resets. We also use Twillo to send text messages, including to remind you to make escrow deposits, provide secure links to access the PayKeeper application, and share project updates. We may receive certain Personal Data about you from Twilio, which may include, but might not be limited to metrics on email opens and clicks and on text message delivery. Additionally, we may provide Twilio with certain Personal Data where necessary for Twilio to provide its services, which may include, but might not be limited to phone numbers and email addresses. For more information about Twilio’s practices with respect to its collection, use, disclosure, and storage of personal data Twilio receives in connection with the services it provides, please review Twilio’s Privacy Notice, available at https://www.twilio.com/legal/privacy.
(b) We, or third parties acting on our behalf, may receive Personal Data about you from other Third Party Sources, such as other users of our Platform or those that refer you to us.
2.3 Please note, we may combine the Personal Data and other content and information we receive about you from multiple sources, including, without limitation, Personal Data we collect directly from you and one or more Third Party Sources.
3. HOW WE COLLECT USAGE INFORMATION
3.1 We, and third parties acting on our behalf, collect Usage Data in a variety of ways. Some Usage Data, such as the IP address of a device attempting to access, use or interact with our Platform, is necessary for us to make certain portions of our Platform available. Other Usage Data, such as information about which features of our Platform are popular, helps us improve and advertise our Platform. This section describes the primary ways Usage Data is collected in connection with our Platform.
(a) The systems we use to make our Platform available to you. When you access, use, or interact with our Platform, these systems automatically record certain information that your browser or device sends whenever you visit a website or utilize an online application as well as information about how long your device is connected to our Platform and the activities that device engages in while connected.
(c) Other tracking technologies, such as web beacons, clear gifs, and pixel tags. These technologies may be used on or in connection with our Platform, including, without limitation, in emails we send. We may use these technologies to deliver cookies, count visits, understand usage, and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.
(e) Please note, we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
4. HOW WE USE AND DISCLOSE PERSONAL DATA
We use and disclose Personal Data we collect for various purposes in connection with our Platform. This section describes the primary purposes for which we use the Personal Data we collect.
4.1 Operational Uses and Disclosures. We may use the Personal Data we, or third parties acting on our behalf, collect for non-marketing purposes, including:
- operating and improving our Platform;
- validating your identity;
- carrying out our obligations and enforcing our rights arising from any contracts we have entered into, including, without limitation, any contracts between you and us;
- sending you emails, text messages, or calls to provide you with alerts and updates about your engagement with our Platform;
- conducting statistical or demographic analysis;
- complying with legal and regulatory requirements;
- customizing your experience with our Platform;
- protecting and defending PayKeeper against legal actions or claims;
- preventing fraud;
- satisfying contractual obligations;
- cooperating with law enforcement or other governmental agencies for purposes of investigations, national security, public safety or matters of public importance when we are legally required to do so or believe that disclosure of Personal Data is necessary or appropriate to protect the public interest;
- registering or servicing your online account;
- contacting you about or in response to questions or other correspondence we receive from you;
- providing customer service;
- facilitating your use of features on the Platform, including, without limitation, linking your third party financial accounts with your account on the Platform and withdrawing funds from, and depositing funds into, those third party financial accounts;
- those you authorize or instruct us to do; and
- other business purposes permitted under applicable law.
4.2 Marketing Purposes. We may use the Personal Data we, or third parties acting on our behalf, collect for marketing purposes, including notifying you of special promotions, opportunities, offers and events via push notifications, e-mail and other means, all subject to our compliance with applicable laws (“Marketing Purposes”). We may also link Personal Data (including your name, mobile phone number, and email address) with other information (including information we automatically collect as described in this Policy) and use such linked information for Marketing Purposes.
We will not collect additional categories of Personal Data or use the Personal Data we, or third parties acting on our behalf, collect in connection with our Platform for materially different, unrelated or incompatible purposes without providing you notice.
Please note, we may use and disclose aggregated, anonymized or de-identified information collected in connection with our Platform and other information that does not identify any individual (“Anonymized Data”) for any lawful purposes, which may include, without limitation, purposes not described in this Policy. Except as otherwise required under applicable laws, our use and disclosure of such Anonymized Data is not subject to this Policy.
5. SHARING PERSONAL DATA WITH THIRD PARTIES
To operate our Platform and provide our Services, we may share certain Personal Data that we, or third parties acting on our behalf, have collected, with certain third parties. The third parties that we may share Personal Data with include:
5.1 Our Service Providers in connection with the services they provide to us, including, without limitation, order fulfillment, marketing, data hosting, payment processing, fraud protection and prevention, and as otherwise provided in this Policy, including, without limitation, the Personal Data we provide to certain Services Providers as described in Section 2.2(a) above. We require these Service Providers to exercise reasonable care to protect your Personal Data and restrict their use of your Personal Data to the purposes for which we provided to them.
5.3 Government and law enforcement individuals or private parties where necessary to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any Personal Data and other information to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to and defend against legal claims, for legal process (including subpoenas), to protect our property and rights of those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security and integrity of our Platform and any equipment used to make our Platform available or to comply with applicable laws.
5.4 Any third party to whom you consent and/or instruct us to provide your Personal Data.
6. MANAGING YOUR PERSONAL DATA
We offer you several choices with respect to how we use your Personal Data. This section describes the mechanisms available to you to control the Personal Data we use about you in connection with our Platform.
6.1 Tools to Contact Us. If you want to update any Personal Data you have provided to us, update your preferences, control communications we send you or otherwise contact us about your Personal Data, please email us at [email protected] or contact us using the “Contact Us” link on our website.
6.2 Additional Tool for Communications. For email communications you receive from us, you may opt-out of receiving such communications by following the unsubscribe instructions contained in most email messages from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional emails from us. Please note, opting out of email communications will only apply to marketing and other promotional emails and will not apply to any email or other communications sent for non-marketing purposes, including, but not limited to, emails and other communications about your interactions with our Platform.
6.3 Linked Third Party Financial Accounts. To view and manage the third party financial accounts you have linked with your account on our Platform, you can create a Plaid Portal account by visiting my.plaid.com, verifying your phone number and email address, and creating a password. Once you’ve created a Plaid Portal account, you’ll be directed to a dashboard that can show you the third party financial accounts you’ve connected with Plaid and each of your chosen applications, including, without limitation, our Platform, and the types of data shared with each application. Additionally, the Plaid Portal provides you with controls to terminate the connection between applications and your third party financial accounts and delete data stored in Plaid’s systems if you so choose.
6.4 Closing Your Account. To close your account with us, please email us at [email protected]. However, please note, we do not delete information about you (including your Personal Data) when you close your account. We will designate that your account has been closed, but we may retain your information (including your Personal Data) for a variety of purposes, including complying with legal obligations, backups and archives, analytics and fraud and abuse prevention. If you have a fund transfer transaction pending when you close your account, your access to the Platform will terminate but the pending transfer will continue to completion.
7. PROTECTING YOUR PERSONAL DATA
We are committed to protecting the security of your Personal Data. We maintain commercially reasonable safeguards to maintain the security and privacy of Personal Data we collect and use in connection with our Platform. Nevertheless, when disclosing Personal Data, you should remain mindful that there is an inherent risk in the transmission of information via the internet and mobile platforms. Although we take precautions to protect against the risk of unauthorized access to your Personal Data, we cannot guarantee the security of any information, including your Personal Data, that you disclose online, and you do so at your own risk.
8. CHILDREN’S PRIVACY
We do not direct or target any piece of our Platform to children under the age of 18. If we learn that we have collected the Personal Data of anyone under the age of 18, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 18 and discover that your child has submitted Personal Data to us, please contact us at [email protected]. We will make reasonable efforts to remove such information from our databases.
9. INTERNATIONAL TRANSFERS
Personal Data collected in connection with the use and operation of our Platform is stored and processed in the United States. If you access, use or otherwise interact with our Platform or otherwise engage with us from outside the United States, please be advised that your personal information may be initially collected by servers located in the United States or, if initially collected outside the United States, transferred to the United States. Please note, the United States has not been assessed as having adequate privacy laws by some countries and economic regions.
10. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your personal information to third parties for direct marketing purposes: (1) the categories of personal information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.
You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to:
Attn: CA Privacy Rights Request
893 Baxter Dr.
South Jordan, UT 84095
11. CHANGES AND UPDATES TO THIS POLICY
Because the methods used to protect your Personal Data and the Services we provide are continually evolving, this Policy may change at any time. Unless otherwise noted, those changes will be effective as soon as they are posted. If changes are made to this Policy, we will make it known on our Platform or by email and will indicate the last date it was updated above. Please check back periodically to see if our Policy has been updated.
Your continued use of our Platform after any changes to this Policy become effective, constitutes your continued acknowledgement that you understand that we may continue to use your Personal Data as described in this Policy.
12. CONTACT US
We welcome your questions, comments and concerns about privacy. Please email us at [email protected] with any questions or feedback you have pertaining to our privacy practices.