Privacy Policy

Effective date: 12/1/2018

PayWithMyBank Privacy Policy

 

This privacy policy is incorporated into and is subject to the PayWithMyBank Terms of Use located at www.paywithmybank.com/terms-of-use. Capitalized terms used but not defined in this privacy policy have the meaning given to them in the PayWithMyBank Terms of Use. By using the Service (as defined below), you agree to the collection and use of information in accordance with this policy.

 1. Who We Are and This Policy

PayWithMyBank is committed to respecting and protecting your privacy. We value your trust and want you to understand how we protect, collect, use, maintain, and disclose the information you share with us.

This privacy statement applies to information you provide and we obtain when you, as an end user, access or use the PayWithMyBank service such as when you visit our website and/or Service (as defined below) (www.paywithmybank.com), or use the PayWithMyBank payment or information verification or retrieval service with a participating merchant (“Merchant”), or use related third party websites, networks, embeddable applications, mobile applications, and other services of third parties with whom you have an existing relationship and who utilize the PayWithMyBank services and by or on which sites, networks, applications, or services a link to this privacy statement is displayed, or contact PayWithMyBank support (collectively, the “Service”).  This privacy policy does not apply to Merchants accessing the Merchant-related portions of our website or service. This privacy policy does not apply to and we have no responsibility for information or data obtained by a Merchant, independently of the Service, including as a result of your access to or use of a Merchant website. The collection, use and disclosure of information by Merchants is governed by the legal agreement, if any, between you and the Merchant and we are not responsible for the content or privacy and security practices of such Merchant or its website, including any pages or services available through the Merchant website.

2. Information We May Collect and How We May Use It

When you use the Service, we may require you to provide, and we may otherwise gather, information with your consent or as permitted or required by law or to provide the Service to you, that specifically identifies you or that we can use to verify your identity, generate and process transactions, or manage risk, such as: your computer and/or network connection identifiers, bank name, bank account login ID, password and other authentication information, bank account number and bank routing transit number, bank account type, bank account balance, name, physical address, email address, phone number, driver’s license number and state, purchase/order or bill amount and reference, and other personal information.

We may obtain information from third parties such as Merchants and/or vendors and combine it with other information we collect from you.   In addition, we partner with other parties to provide or deliver portions of the Service and share information with such partners as set forth in this Privacy Policy.

PayWithMyBank will not store or share with any third party (other than the bank to which such credentials relate) your online banking access passwords in the broad sense, including alphanumeric passwords, pin numbers, security questions and answers, or any other confidential  information that you must provide to be granted access to your online banking account (“Online Banking Access Passwords”).  PayWithMyBank may however store other personal information on its databases, or otherwise process other personal information, as we consider required by applicable law, regulations or regulatory requirements, or for the purposes of the conduct, management and administration of our business and operations, including the provision of the Service, administration and management of our ongoing relationship with you,  execution and management of your payment or information verification or retrieval transactions, in connection with any actual or proposed corporate reorganization, merger, acquisition, or disposal of PayWithMyBank or an affiliate, or PayWithMyBank’s or an affiliate’s business or assets, or for any other purposes contemplated  herein. As permitted by applicable law, PayWithMyBank may merge personal information with information received from reputable vendors in order to (1) enhance our, or our Merchants’, payment and/or information verification or retrieval service, or (2) to build non-personally-identifiable statistical profiles. PayWithMyBank will retain personal information for so long as necessary to fulfill the purposes contemplated in this Privacy Policy, or as we consider necessary to comply with our legal and regulatory requirements or obligations or resolve disputes.  In addition, PayWithMyBank may transfer data to its affiliates or service providers in countries where it has, or its affiliates or service providers have, operations for the purposes of delivering and improving the Service.

We use the information that we collect for the following purposes: to fulfill your inquiries, to generate, to process and otherwise manage your transactions, to administer any problems that may arise in effecting the transactions, to better understand and manage our ongoing relationship with you, to assure good service, to prevent fraud and abuse, to verify your identity, to manage risk, to monitor and analyze use and trends, to provide and improve the Service, to protect the rights, property or safety of our Service or any other person, to enforce the terms of this Privacy Policy, our Terms of Use and other terms to which you have agreed.  We may collect certain personal information with your consent or if required by law.

3. How We May Share Information

PayWithMyBank is committed to protecting your personal information. Except for your Online Banking Access Passwords, which we never store or share with any third party other than your bank, we may share, as permitted by law, some or all of your personal information:  (1) with Merchants, banks, and service providers (including, but not limited to, the service providers with whom you have an existing relationship and who utilize the Service and those with whom we have a relationship to enable us to deliver the Service to you), agents, and/or affiliates for the purposes of (i) effecting, processing, administrating, or delivering the Service to you or other transactions initiated by you, or otherwise in connection with the provision and administration of the Service or other transactions initiated by you (which includes but is not limited to accessing your bank account and associated information, verifying that you are the holder of the bank account being authorized and that you have all necessary rights and authority to use such bank account, verifying your identity and other information, verifying that your bank account is in good standing, and enforcing transactions initiated by you), improving the user experience, performing business support functions on our behalf, managing risk and preventing fraud, and, for those Merchants, banks, or service providers who are consumer reporting agencies, managing risk, preventing fraud, and performing activities of a consumer reporting agency under the Fair Credit Reporting Act, (ii) in connection with goods and services these parties provide or perform for or with PayWithMyBank in connection with the Service or for or with other parties relating to your transactions, and/or (iii) in the case of Merchants or third party service providers through whose websites, networks, embeddable or mobile applications or other services you use or access the Service and with whom you have an existing relationship, in connection with goods and services these parties provide or perform to or for you in connection with that relationship; (2) with regulatory authorities and other relevant third parties  as we consider required by law, regulation, or regulatory requirements; (3) with regulatory authorities, potential purchasers or vendors or their affiliates, or their or their affiliates’ professional advisors, in connection with any actual or proposed corporate reorganization, merger, acquisition or disposal of PayWithMyBank or an affiliate, or PayWithMyBank’s or an affiliate’s business or assets; or (4) with your express consent.  In addition, service providers may use your information to conduct, manage, or administrate their business, including, without limitation, storing or analyzing such information, all in compliance with applicable law and this Privacy Policy.

Our agreements with Merchants, banks, service providers, agents, and/or affiliates contain confidentiality provisions, appropriate data safeguarding obligations and restrictions on use of such information for any purpose other than as provided in this Privacy Policy. Disclosures permitted or required by law may include cooperation with criminal or government investigations, fraud prevention and detection, and responses to a court order or subpoena. Use of your personal information for marketing by PayWithMyBank and/or our agents will always be with your express consent and in compliance with the applicable law regarding end user consent, and you may at any time opt out of receiving marketing communications from us or our agents by contacting us at: privacy@paywithmybank.com.

As permitted by applicable law, we may use and/or make certain aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including, but not limited to: (i) compliance with various reporting obligations; (ii) for business or marketing purposes;  (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns; or (iv) to otherwise enhance our, or our Merchants’, services, security, and payment and/or information verification or retrieval service(s).

4. Your Choice and Accuracy of Information

PayWithMyBank will not use or share your personal information in ways or for purposes that are incompatible or inconsistent with those described above without first informing you and providing you a choice. You may opt-out of certain sharing of personal information, including information you may have previously authorized or consented to as described above by contacting us at privacy@paywithmybank.com. However, to the extent that applicable law requires express consent or “opt-in” for the collection and use of personal information, PayWithMyBank will maintain processes and procedures to ensure such information is collected with express consent. Your phone number will not be used to market PayWithMyBank services unless that use has been disclosed and a choice provided. PayWithMyBank is committed to ensuring that the information we obtain and use is accurate and for its intended purpose.

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. If you wish to access or amend any personal information we hold about you, or to request that we delete any information about you that we hold, you may contact us at privacy@paywithmybank.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, compliance with applicable laws, regulations and regulatory requirements, or where we otherwise reasonably believe that we have a legitimate reason to do so. 

5. Data Security

PayWithMyBank utilizes technical and organizational security measures, including physical, electronic, and procedural security measures, to protect against loss, destruction, unauthorized access or processing, misuse and alteration of information under our control. PayWithMyBank offers reasonable practices and security measures to safeguard and secure the personal information we collect and our datacenter is SSAE-16 and SAS – 70 compliant.

When you enter sensitive information, we will encrypt that information. We also encrypt all personal information when stored on our databases and during processing. Access to personal information is restricted to employees, Merchants, banks, service providers, agents, and affiliates who need to have access to that information as contemplated in this privacy policy. PayWithMyBank requires such third parties to observe standards with respect to the security, collection, use, and sharing of personal information, and to comply with applicable laws, regulations, and regulatory requirements.

Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered, or destroyed by breach of our administrative, managerial, and/or technical safeguards. If PayWithMyBank learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Service, you agree that PayWithMyBank may communicate with you electronically or via Merchant communication such as email notifications for this purpose. PayWithMyBank may post a notice on our website or service if a security breach may occur or has occurred. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach) you should notify us at privacy@paywithmybank.com.

6. Preventing Identity Theft

PayWithMyBank is dedicated to protecting your personal information. We will never initiate a request for personal information from you by phone, email, or website, except (i) in response to communications initiated by you, or (ii) to attend to a quality of service issue, acting as an authorized agent of the Merchant with which you used the Service. Please do not send confidential, personal information such as Social Security number, government identification numbers, online banking access credentials, or bank account numbers to PayWithMyBank without first specifically confirming that you are sending such information to PayWithMyBank (and not to an unauthorized third party) and unless agreed between you and PayWithMyBank. The agreement should include method of transmission, such as registered mail, secure or encrypted email and similar. Do not be misled by emails or other communication that appear to be from us and request personal information. If you receive any suspicious email requesting your personal information, please immediately forward the email to: privacy@paywithmybank.com.

7. Browsing and Cookies

When you browse our websites or request pages, we automatically collect certain technical information about your visit. Examples of this information include, which type of Internet browser you use, your IP address, browser headers, the web pages you browse and the domain name and country from which you request information. We use this type of technical information to improve the PayWithMyBank website and Service. As part of our efforts to protect end users from fraud, this information is also used to assist in authenticating who you are when you access our website or use our Service. Some of our web or mobile pages and applications may use “cookies,” or data that is sent to your web or mobile browser or application and stored on your device. The purpose of these “cookies” is to allow our, or a third party, server to recognize you as an end user returning to our website or Service using the same device and browser. In the event you do not wish to receive such cookies, you may configure your web browser to not accept cookies or to notify you if a cookie is sent to you. If you choose to decline cookies you may not be able to use all the features and functionalities of our website and Service.

8. Do Not Track

Do Not Track (“DNT”) is a privacy preference that you can set in your web browser. When you use the DNT signal, the browser sends a message to website operators requesting them not to track your website activities. PayWithMyBank does not track you over time or across third party websites to provide targeted advertising and does not respond to Do Not Track (DNT) signals. For more information about DNT, visit https://allaboutdnt.com.

9. Privacy Practices of Third Parties

PayWithMyBank is not responsible for the content or information practices employed by third parties or other websites that are linked to or from the PayWithMyBank website or Service. In most cases where links are provided, they are provided as pointers to information about services that may be useful to end users. You are encouraged to review the privacy statements of these other websites before providing them with personal information. The use of cookies by our Merchants, banks, service providers, agents, and other affiliates is not covered by our privacy policy. We do not have access to or control over these cookies or any information gathered or collected by them. Our Merchants, banks, service providers, agents and other affiliates may use session ID cookies to make it easier for you to navigate our website or Service.

10. Use by Children

Our Service is not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not access or use the Service at any time or in any manner. If we learn that personal information has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has accessed or used the Service, then you may alert us at privacy@paywithmybank.com and request that we delete that child’s personal information from our systems.

11. Changes to Privacy Policy

At PayWithMyBank, your trust is one of our most important assets. We will continually work to protect the privacy of our end users and will continually review our privacy policy. This website will always contain the most current privacy policy. If we decide to update our privacy practices, we will post those changes to this privacy policy on our home page and other places we may deem appropriate to make you aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy policy at any time, so please review it frequently. If the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you individually of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised privacy policy has become effective indicates that you have read, understood and agreed to the current version of the privacy policy.

12. International Visitors

The PayWithMyBank website and Service are hosted in the United States and are intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may offer more protection than laws in the United States, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the United States to affiliates and other third parties in other countries or regions in connection with storage and processing of information, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to PayWithMyBank website or Service, you consent to such transfer, storage, and processing.

For More Information or If You Have Questions

Should you have further questions regarding our privacy policy or how your personal information is used, please contact us:

PayWithMyBank, Inc.

2000 Broadway Street | Redwood City, California 94063.

Or via email at: privacy@paywithmybank.com.