Privacy Policy

Welcome to Netchex! This privacy policy (“Privacy Policy”) applies to the Netchex website at https://netchex.com (the “Webpage”), the Netchex service platform at http://netchexonline.net (the “Platform”), the iOS mobile application (the “Mobile Platform”, together with the Webpage and Platform, the “Sites”), and the domain names and subdomains, services, content, products, features and/or applications (including, without limitation, any mobile application services) offered from time to time by Netchex in connection therewith (collectively, the “Services”)). The Services are provided by S & W Payroll Services, L.L.C. [DBA Netchex] and its subsidiaries, affiliates, and brands (“Netchex”, “we”, “us”, “our”). 

The purpose of this Policy is to explain how Personal Information about you is handled by us while interacting with Users of our Services. Please read this Privacy Policy carefully as it contains important information about who we are, and how and why we collect, store, use, and disclose your Personal Information. It also explains your rights in relation to your Personal Information and how to contact us in the event you have a question, comment, or complaint. For further information on policies governing the use of our Services, please visit our Conditions of Use.

1. KEY TERMS

The following key terms utilized in this Privacy Policy have the meanings set out below. Key terms and other defined terms have the same meaning regardless of whether they appear in singular or in plural.

Key Terms	Definition
“Personal Information”	Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an individual;
“Sensitive Personal Information”	Personal Information revealing an individual’s social security number, driver’s license and passport numbers; an account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious beliefs; union membership; Personal Information concerning a consumer’s health, sex life, or sexual orientation; contents of a user’s mail, email, and text messages where the business is not the intended recipient; genetic information; biometric information; and Personal Information collected from a child;
“Business Purpose”	The use of Personal Information for operational purposes of a business (or other purposes as notified to you) provided that the use of Personal Information is reasonably necessary and proportionate to achieve such purpose or a different, but compatible, operational purpose;
“Biometric Information”	An individual’s physiological, biological, or behavioral characteristics, including information pertaining to an individual’s deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
“Sale”	Selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, an individual’s Personal Information by a business to another business or a third party in exchange for monetary or other valuable consideration; and
“Share”	Communicating orally, in writing, or by electronic or other means, an individual’s Personal Information to a third party for cross-context behavioral advertising, whether for monetary or other valuable consideration.

2. SCOPE

This Policy applies to all Services owned and operated by Netchex (and in conjunction with certain third-party service providers) and the use thereof and access thereto by certain visitors of the Sites, including without limitation: 

• Users that enter into, or that may in the future enter into, applicable service agreements with Netchex (“Service Agreements”) and use and access, directly or through one or more authorized administrators, the Platform and the Mobile Platform pursuant to such Service Agreements (“Clients”);
• Employees of, and other Users authorized by such Clients, who create and/or obtain a user ID and password with Netchex to use and access the Services (“End-Users”); and 
• Other Users of the Sites who are neither Clients nor End-Users (“Visitors”, and together with Clients and End-Users, “Users”, “you” or “your”). 

In the event of a conflict between a Master Service Agreement and this Policy, the terms of the Master Service Agreement shall control the rights and obligations of the applicable Clients and End-Users. As applicable, Clients and End-Users own the Personal Information and other data they provide to us, or we receive and/or collect on their behalf.

3. COLLECTION OF PERSONAL INFORMATION

Personal Information We Collect

We collect the following categories and specific types of Personal Information about our Users:

Categories of Personal Information	Specific Types of Personal Information Collected
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (“IP”) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)	Account Information: When you create and register a Netchex account (“Account”), we may collect various kinds of information about you including, but not limited to your name, email address, phone number, address, and other information you provide to us during the creation of your Account.
Information That Identifies, Relates to, Describes, or Is Capable of Being Associated with, a Particular Individual (e.g., real name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information)	Account Information: When you create an Account, we may collect various kinds of information about you including, but not limited to your name, email address, phone number, address, and other information you provide to us during the creation of your Account.
Sensitive Personal Information	Log-in Information: We collect Account email addresses and passwords, and other Account log-in information when an Account is created to use our Services.   Biometric Information: We may collect End-Users’ Biometric Information in connection with their use of certain Products including, our biometric employee attendance clocks.   Employment Related Information: We collect the employment-related information our clients upload concerning including social security number, Federal Employer Identification Number, payroll information, and financial data and bank account information (e.g., account routing numbers and ACH data and identifiers).
Internet or Other Electronic Network Activity Information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet website or application)	Technical Information: We automatically collect certain information from you when you use our Services, including, as applicable, your IP address, other unique device identifiers, Site browsing history, cookies, your mobile carrier, time zone setting, mobile or device information (including the model of your device), your screen resolution, operating system, and information regarding your use of our Services.
Commercial Information (e.g., records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)	Payment Information: If you choose to make a purchase, our third-party payment processing vendor will collect billing information associated with you, including your full name, debit or credit card information, billing address, and postal address. We only receive confirmation information of such purchases.   Service Purchase Records: We collect a record of all purchases you make through our Services.
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information	User Content Information: We may collect the User-generated content information you provide when you interact with our Services. This may include visual and other forms of electronic information uploaded or created by you. User metadata may automatically be uploaded with any User-generated content you provide.
Professional or Employment Related Information	Employment Related Information: We collect the employment-related information Users upload including name, address, social security number, date of birth, and employment history, Federal Employer Identification Number, payroll information, and financial data and bank account information (e.g., account routing numbers and ACH data and identifiers).

How Your Personal Information is Collected
When you use our Services, we collect the Personal Information you give us directly along with usage information we collect automatically. The Personal Information we collect falls within the following groups of sources:

Directly from you. For example:
•      If you create an Account with our Services.

From third parties. For example:
•      Our internet service providers and data analytics providers.
•      Our payment processing vendors.

From automated information collecting. For example:
•      Automated monitoring of our Services and other technical systems, such as our computer networks and connections, communications systems, and email and messaging systems for purposes of monitoring the security and reliability of our Services.
•      The cookies and tracking technologies on our Services—for more information on our use of cookies and tracking technologies, please see the section “Cookies and Tracking Technology” below.

4. USE OF PERSONAL INFORMATION

Why We Use Your Personal Information

We may collect your Personal Information for the following Business Purposes:

• To operate and improve our Services and to foster a positive User experience.
• To provide and maintain our Services, including to monitor the usage of our Services.
• To facilitate User interactions, fulfill any requests for Services, and send notices about your use of the Services (such as changes to the authorized users or account administrator, or other changes to your account);
• To resolve disputes, collect fees, and troubleshoot problems;
• To comply with applicable laws and regulations or otherwise seek to prevent potentially prohibited or illegal activities;
• To enforce a Service Agreement;
• To personalize, customize, measure, and improve the Services, and the content, layout, and operation of the Services;
• To analyze how Users utilize the Services;
• To compare Personal Information for accuracy and verify it with third parties;
• To share certain Personal Information with third party service providers to facilitate, provide and enhance the functionality of the Services (including, but not limited to, sharing certain bank account information with banks to facilitate payroll and benefits services and elections);
• To manage your Account: 

·       to manage your registration as a client or End-User of the Services. The Personal Information you provide can give you access to different functionalities of the Services that are available to you as a client or End-User;

·       To allow Users to customize their account, profile, other registration information, and to customize, access, upload and/or use any content or other functionality that may be available through the Services.

• To contact You: 

·       To contact you by mail, email, telephone calls, text messaging, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To manage your requests: 

·       To attend and manage your requests to us.

• For business transfers: 

·       We may use your Personal Information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Users is among the assets transferred.

• For other purposes: 

·       We may use your information for purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, evaluating and improving our Services, or for other purposes about which we notify you.

Users may also authorize us to use, copy, and transmit Personal Information and other data for all purposes relating to any Services. For example, upon a Client’s or End-User’s request, we may transmit Personal Information to federal, state and local governments, banks and other financial institutions, insurance carriers, retirement plans, and any other recipient identified by such User. We also may report aggregated, anonymous data to the Federal Reserve and other entities that report on jobs and other enterprise statistics. Such authorization may be specified in a Service Agreement.

How and Why We Use Your Sensitive Personal Information

Special categories of Personal Information, if collected, are considered sensitive and receive special protection. We may collect and process the following special categories of Sensitive Personal Information when you voluntarily provide them for necessary Business Purposes:

·       Account information; and

·       Content of User-generated emails, messages, and web chats created or linked using the Services.

Sometimes, we may also need to collect Sensitive Personal Information for the sole purpose of verifying your identity (e.g., your privacy right request; your request to remove your child’s Personal Information). For these purposes, we only collect the following Sensitive Personal Information when it is given to us directly by you:

·       Government identification cards or numbers.

When we use your Sensitive Personal Information, we will only use it as permitted under applicable data protection laws; for example:

·       The Sensitive Personal Information is necessary to perform our Services.

5. SELLING, SHARING, AND DISCLOSING OF PERSONAL INFORMATION

Who We Share Your Personal Information With

In the preceding twelve (12) months, we have not Sold or Shared your Personal Information for money or other valuable consideration—or Shared your Personal Information for targeted advertisement or profiling purposes. 

Categories of Personal Information We Sold or Shared

In the preceding (12) months, we also have not Sold or Shared any category of your Personal Information for money or other valuable consideration—or Shared your Personal Information for targeted advertisement or profiling purposes. 

Who We Disclose Your Personal Information to for Business Purposes

In the preceding twelve (12) months, we have disclosed your Personal Information to the following parties for necessary Business Purposes:

• Service providers to help run, maintain, and secure our Services;
• Online hosts to provide an online platform for our Services; and
• Our affiliates.

We may disclose Personal Information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. We may also disclose Personal Information with external auditors in relation to accreditation and the audit of our accounts. We may also need to disclose Personal Information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize this information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Categories of Personal Information We Disclosed for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a Business Purpose:

• Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, Account name, or other similar identifiers);
• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual (e.g., telephone number, education, employment, employment history);
• Internet or other electronic network activity information (e.g., Sites browsing history, information regarding a User’s interaction with our Services);
• Audio, electronic, visual, thermal, olfactory, or similar information; and
• Sensitive Personal Information.
• Professional or Employment Information.

We will not collect additional categories of Personal Information or use the Personal Information we collected for substantially different purposes or for unrelated purposes without first providing you with notice prior to collecting the information for the different purpose.

Our Business Purposes for Disclosing Personal Information

In the preceding twelve (12) months, we have disclosed your Personal Information for the following Business Purposes:

• To maintain the necessary operations of our Services;
• To provide Services to you;
• To fulfill or meet the reason you provided the information;
• To provide you with support and to respond to your inquiries;
  • this may also include investigating and addressing your concerns and monitoring and improving our responses;
• For employment purposes;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
• For other reasons as we will relate them to you before we collect your Personal Information.

6. COMMUNICATIONS

Communications Between You and Netchex

The communications between you and Netchex may take place via electronic means, whether you visit the Services or send us emails, or whether we post notices on the Services or communicate with you via mail, email, telephone call, text message, or mobile push notifications (collectively the “Communications”).

When engaging in the Services (e.g., creating an Account; logging-in to the Services, making a privacy request), you may be asked to provide an email address and mobile phone number. The collection of your email address and mobile phone number allows you to receive direct Communications from us. Service-related Communications from or on behalf of us may include but are not limited to the use of the Services, User support, and informational communications concerning the Services. You do not have an option to opt out of these service-related emails, which are not promotional in nature.

We also have a Business Interest in using your Personal Information for marketing to you; we offer our Users the opportunity to sign-up via email to receive news about new offers and special promotions offered by us. You have the right to opt out of receiving marketing Communications at any time. If you would like to discontinue receiving email marketing Communications, you may opt out by using the “Unsubscribe” link found in our emails, replying “STOP” to our text messages, turning off notifications from our Services, or disabling push notifications through your mobile device’s settings. We may also send you service-related email announcements from time to time when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. 

We may ask you to confirm or update your preferences if you ask us to provide more services in the future, or if there are changes in the law, regulation, or the structure of Netchex as a business.

Testimonials

From time to time, we post User testimonials on our Services, which may contain Personal Information; provided, that we will obtain such User’s consent prior to posting that User’s name along with his or her testimonial. To request the removal of your Personal Information from testimonials, please contact us (see “How to Contact Us” below).

Referrals

If you choose to refer a potential customer or Client (a “Referral”), we will ask you for that Referral’s name, email address, company and contact information. We may contact the Referral by phone or email. Netchex may store this information for the purpose of contacting the Referral by phone or email and tracking the success of our referral program. The Referral may contact us to request that we remove this information from our database (see “How to Contact Us” below).

7. THIRD PARTY SERVICE PROVIDERS, VENDORS, AND PARTNERS

We may share a User’s Personal Information with certain third party companies, service providers and their employees and representatives that help us provide our Services to you and to our Clients (collectively, the “Authorized Third Parties”), such as facilitating payroll services, tax services, benefits elections and otherwise providing certain services and products offered by Netchex (including as may be necessary to fulfill our obligations under a Service Agreement). These Authorized Third Parties are authorized to use your Personal Information only as necessary to provide to us, and to assist us in providing to you, the foregoing services. Other permitted transfers of your Personal Information to third parties may be specified in the applicable Service Agreements with our Clients.

We may also partner with other companies to jointly offer products or services (the “Joint Promotion Partners”). If you visit or otherwise attend an event or conference offered by Netchex, one or more of our Clients or Joint Promotion Partners, or you otherwise express interest in such a jointly-offered product or service, we may share your Personal Information with our Joint Promotion Partner(s) or use your Personal Information to contact you concerning our Services. If you do not wish for your Personal Information to be shared in this manner, you may opt out of attending the event or conference, or otherwise not purchase or express interest in our Services or a jointly offered product or service.

8. COOKIES AND TRACKING TECHNOLOGIES

We, as well as the Authorized Third Parties that provide functionality on our Services, may use cookies or other technologies to automatically collect information throughout our Services. For more information, go to allaboutcookies.org.

Cookies and Similar Tracking Technologies

We use “cookies” and similar tracking technology to collect additional Service usage information and to improve the Services. A cookie is a small data file that we transfer to your computer’s hard drive when you access our Services.  

Log and Usage Data

When you use the Services, our servers automatically record information that your browser sends while using our Services (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, and the search terms you use. We may link and combine automatically collected log information with the Personal Information and other data we collect about you. We use Log Data to improve the Services, to gather analytic information, to monitor the use of the Services, and for the Service’s technical administration.

How Do We Use Cookies and Tracking Technologies? 

We use cookies and tracking technologies in a range of different ways to improve your experience with our Services. This includes: 

• Keeping our Services working;
• Keeping you logged in to the Services;
• Understanding how you interact with our Services;
• Monitoring the total usage and web traffic routing on our Services;
• Customizing and improving our Services; and
• Enabling and supporting security features on our Services.

We may receive reports based on the use of these technologies by third party companies on an individual as well as aggregated basis.

What Types of Cookies Do We Use? 

There are multiple cookie types a website may choose to use. A “session” cookie enables certain features of the Services and is deleted from your computer or device when you disconnect from or leave the Services. A “persistent” cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. We and our Authorized Third Parties make use of the following types of session and persistent cookies:

• Strictly Necessary Cookies: We use these cookies to maintain our Services. Without them, our Services would not work properly.
• Analytical Cookies: We use these cookies to collect visitor and User information. This information is then used to improve our Services and improve your experience.
• Security and Authentication Cookies: We use these cookies to help keep our Services secure by managing User sessions and preventing fraud. They ensure that your information is delivered to you by linking your information with a unique cookie identifier string. 
• Personalization Cookies: We use these cookies to remember your preset features and preferences for our Services.

How Do Authorized Third Parties Use Cookies and Tracking Technologies

When you use or access the Services, Authorized Third Parties and Joint Promotion Partners may, and may permit their partners, to place cookies or tracking technologies on your device.

How to Manage Cookies

If you do not want cookies from us, our Authorized Third Parties, Joint Promotion Partners or other third parties, you can change your browser or device settings to stop accepting cookies or to prompt you before accepting a cookie from the websites or applications you visit. However, our Services may not function properly if you disable cookies.

9. THIRD PARTY WEBSITES, LINKS, AND WIDGETS

OUR SERVICES MAY CONTAIN LINKS TO THIRD PARTY WEBSITES OR SOCIAL MEDIA WIDGETS. WE DO NOT ENDORSE, AUTHORIZE, REPRESENT, OR EXERCISE CONTROL OVER THIRD PARTY WEBSITES OR SOCIAL MEDIA WIDGETS. THESE OTHER WEBSITES OR WIDGETS MAY PLACE THEIR OWN COOKIES OR OTHER FILES ON YOUR COMPUTER, COLLECT INFORMATION, OR SOLICIT PERSONAL INFORMATION FROM YOU. THIRD PARTY WEBSITES AND SOCIAL MEDIA WIDGETS FOLLOW DIFFERENT RULES REGARDING THE USE OR DISCLOSURE OF THE PERSONAL INFORMATION YOU SUBMIT TO THEM. WE ENCOURAGE YOU TO READ THE PRIVACY NOTICES OR POLICIES OF THE OTHER WEBSITES YOU VISIT OR CLICK. BY VISITING A THIRD-PARTY WEBSITE OR INTERACTING WITH A SOCIAL MEDIA WIDGET, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS. 

10. OPT-OUT INFORMATION

The Right to Opt Out: State Specific

Some states provide their residents with the right to opt out of the sale or sharing of Personal Information, targeted advertising, and/or profiling.  If you wish to exercise your state right, please contact us via email at [email protected].

Do Not Sell or Share My Personal Information

The state of California provides their residents with the right to opt out of:

• The Sale or Sharing of Personal Information for money and other value; and/or
• The Sale or Sharing of Personal Information for the purpose of cross-context behavioral advertising (targeted advertising) or profiling. 

Netchex does not Sell or Share your Personal Information for money or other valuable consideration—or Share your Personal Information for targeted advertisement or profiling purposes. However, if you wish to exercise your state right, please contact us via email at [email protected].

Limit the Use and Disclosure of My Sensitive Personal Information

The state of California also provides their residents with the right to limit the use and disclosure of their Sensitive Personal Information to necessary Business Purposes. Netchex only uses your Sensitive Personal Information for necessary Business Purposes. However, if you wish to exercise your state right, please contact us via email at [email protected].

Mobile Opt Out

Most mobile operating systems offer device-based opt-out choices that are sent to companies that participate in interest-based advertising. To set an opt-out preference for your mobile device’s “identifier” (for example, Apple’s IDFA or Android’s GAID), visit your device manufacturer’s current choice instructions pages, or read more about sending signals to limit advertisement tracking at http://networkadvertising.org/mobile-choices.

Remember that these settings must be performed on each device (including the web browser on each device) that you would like to opt-out on; if you clear your cookies or use a different browser or device, you will need to opt-out again. 

Do Not Track

Certain web and mobile browsers, as well as mobile operating systems, allow you to send a signal to inform websites or mobile applications that you do not want your online activities tracked. At this time, our Services do not currently respond to “Do Not Track” signals or similar mechanisms. To learn more about how DNT works, please visit http://allaboutdnt.com/.

11. CHILDREN’S INFORMATION

Eligibility for Services

General browsing of our Webpage is not intended for persons under the age of thirteen (13). We do not collect information from children under thirteen (13) and we specifically prohibit children under thirteen (13) from entering any parts of the Sites or Services where Personal Information may be collected. 

The remainder of our Services are not directed to persons under the age of eighteen (18) and do not knowingly collect any information from persons under the age of thirteen (13), or from persons between the age of thirteen (13) and eighteen (18) without appropriate authorization.

If you are a parent or legal guardian of a child under eighteen (18) who has submitted Personal Information to the Services without the knowledge of Netchex, please contact us (see “How to Contact Us” below) so we may delete the information collected. 

Privacy Rights for California Minors in the Digital World Act

If you are a California resident under the age of eighteen (18) and are a User of our Services, you may request that we remove the Personal Information you have posted on our Services. Please contact us (see “How to Contact Us” below) so we may delete the information collected. Keep in mind, however, that certain California or federal laws may stop us from deleting specific categories of your Personal Information if applicable.

12. SECURING YOUR INFORMATION; RISKS OF PERSONAL INFORMATION DISCLOSURE

The security of your Personal Information is extremely important to us. We work hard to protect Netchex and our Users from unauthorized access to or alteration of Personal Information and other data we collect or obtain. Some of the ways we protect such Personal Information and other data include:

• We encrypt many communications using TLS;
• We may require a two-step verification process to access your Netchex account; and
• Except as otherwise described in this Policy, we may restrict the accessibility of Personal Information to Netchex employees, contractors and agents who need to know and access that Personal Information to process it for us, and who are subject to contractual confidentiality obligations.

All Personal Information and other data we collect from Clients and End-Users is maintained with our third-party hosting provider on secure servers located in multiple physical locations. However, due to the inherent nature of the Internet as an open global communications vehicle, we make no guarantee as to the security of your information or that your information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. While we and our hosting provider employ commercially appropriate industry-standard technology and other safeguards (including as described above) to secure the Personal Information and other data we collect, obtain or otherwise hold, we need your help – do not share your Netchex account password with anyone!

In the event of a security breach relating to your Personal Information, Netchex will notify you in accordance with applicable laws.

13. DATA RETENTION

Storage and retention of a Client’s and End-User’s Personal Information is also governed by our applicable Service Agreements with Clients. In general, we will retain such Personal Information and other data we collect, obtain, hold and/or process on behalf of our Clients and End-Users for as long as needed to provide the Services to such Users, and we retain and use this Personal Information and other data as necessary to comply with our legal obligations, resolve disputes, and enforce this Policy, in accordance with the Conditions of Use and our Service Agreements. Upon the expiration or earlier termination of such Service Agreements, Netchex may delete or anonymize such Personal Information and other data at any time in accordance with applicable laws. If we are unable to delete or anonymize Personal Information or other data for technical reasons, we will put adequate safeguards in place to prevent any further such use of your Personal Information.

However, we will keep your Personal Information for as long as is necessary:

• To respond to any questions, complaints or claims made by you or on your behalf;
• To show that we treated you fairly; or
• To keep records required by law.

14. INTERNATIONAL USERS: INTERNATIONAL TRANSFER OF INFORMATION COLLECTED

If you are a User located outside of North America, please be aware that Personal Information may be transferred, stored, and processed outside of your country, including in the USA. Although we take steps to provide adequate safeguards, the data protection laws in these countries might not be as comprehensive as those in your country. By submitting Personal Information to us, you understand that your Personal Information may be subject to the laws of applicable jurisdictions. 

We endeavor to protect the privacy and security of Personal Information wherever it is transferred, and to use it consistent with your relationship with us and the practices described in this Privacy Policy.

15. PRIVACY RIGHTS

U.S. State Applicable Privacy Rights

Residents of certain U.S. states may have specific privacy rights, including but not limited to the rights listed below, that they may exercise free of charge:

Privacy Right and Applicable State	Privacy Right Details
The Disclosure of Personal Information We Collect About You • California • Virginia • Colorado • Connecticut • Utah	You have the right to know how and why we collect, store, use, and disclose your Personal Information.
Right of Access • California • Virginia • Colorado • Connecticut • Utah	You have the right to be provided with a copy of your Personal Information. You may make a request to us, no more than twice (2) in a twelve (12)-month period, for a disclosure of your Personal Information to you.
Do Not Sell or Share My Personal Information • California	You have the right to opt out of: (i) the Sale or Sharing of Personal Information for money and other value; and/or (ii) the Sale or Sharing of Personal Information for the purpose of cross-context behavioral advertising (targeted advertising) or profiling.
The Right to Limit Use and Disclosure of Sensitive Personal Information • California	You have the right to limit the use and disclosure of your Sensitive Personal Information for any reason other than supplying requested services.
The Right to Opt Out of Targeted Advertising and Profiling • Virginia • Colorado • Connecticut • Utah	You have the right to opt out of the Sale or Sharing of your Personal Information, targeted advertising, and certain types of profiling.
The Right to Deletion • California • Virginia • Colorado • Connecticut • Utah	Upon receipt of a verifiable request, you have the right to request that we delete the Personal Information we have collected about you, subject to applicable legal exceptions
The Right of Correction • California • Virginia • Colorado • Connecticut • Utah	Upon receipt of a verifiable request, you have the right to request that we correct your inaccurate Personal Information, subject to applicable legal exceptions.
Protection Against Retaliation • California • Virginia • Colorado • Connecticut • Utah	You have the right to not be retaliated against after exercising any of your privacy rights.
The Right to Appeal • Virginia • Colorado • Connecticut	You have the right to appeal to our refusal to act on your privacy rights request.

16. USER REQUESTS AND EXERCISE OF PRIVACY RIGHTS 

We respect your control over your Personal Information. You can exercise your privacy rights by sending us a request; we will respond within thirty (30) days (please see “How to Contact Us” below for details on how to send a request). 

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information.  We encourage you to first reach out to us, so we have an opportunity to address your concerns directly. Please see “How to Contact Us” below for our contact information.

Notwithstanding the foregoing, if you are an End-User, you will also be required to directly contact the applicable Client with your privacy request. As applicable, Clients and End-Users may deactivate, correct, update, amend or delete a Client’s or End-User’s information or account by making the corresponding changes on the Platform or Mobile Platform account information page in accordance with the provisions of the applicable Service Agreement.

17. APPEAL INFORMATION 

Some states provide their residents with the right to appeal if we refuse to complete a privacy request. 

The appeal must be sent within a reasonable time after our refusal. If you submit a privacy right request and we refuse to act on it, we will let you know, within thirty days (30) of receipt of your request, of our reason for declining to act.  

Within forty-five (45) days of receipt of your appeal, we will inform you of any actions we took (or did not take) in response to your appeal, along with a written explanation of the reasons for our decision. If your appeal is denied, you may have the right to submit a complaint to the Attorney General of your state, if applicable. 

Notwithstanding the foregoing, if you are an End-User, you may be required to directly contact the applicable Client (who controls your Information) with your appeal request.

Please see the section “Privacy Rights” above for more information on your rights.

18. ACCESSIBILITY

If you would like to receive this Privacy Policy in different format (e.g., audio; large print), please let us know (see “How to Contact Us” below).

19. LIMITATION OF LIABILITY

We operate and maintain our Services for the convenience of visitors and Users and are committed to abiding by the terms of this Privacy Policy.  However, we do not warrant against breaches of the Privacy Policy and make no promises to you, express or implied, by posting this Privacy Policy.

20. CHANGES TO WEBSITE PRIVACY POLICY

Our Privacy Policy was published on October 28, 2015, and last updated on February 15, 2024.

NETCHEX EXPRESSLY RESERVES THE RIGHT TO AMEND, MODIFY OR CHANGE THIS POLICY AT ANY TIME, AND WITHOUT ADVANCE NOTICE TO YOU. If we make material changes, we will notify Users by email or by means of a notice on one or more of the Sites prior to or upon the amendment, modification or change becoming effective. We encourage you to periodically review this Policy for the latest information on our privacy policies and practices. If Netchex consummates a merger, acquisition, or sale of all or substantially all of its assets, you will be notified via email and/or a prominent notice on one or more of the Sites of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information. Notwithstanding anything to the contrary in this Policy, we may share your Personal Information with one or more acquiring parties for the same purposes for which we may use your Personal Information as described in this Policy.

21. HOW TO CONTACT US

Specific Requests

To send a request about state or country privacy rights, please:

• Contact us via email;
• Provide enough information to identify you (e.g., your full name, physical address, email address);
• Provide proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
• Provide a description of what right you want to exercise and the information to which your request relates.

To send a request about the removal of children’s information, please:

• Contact us via email;
• Provide enough information to identify you (e.g., your full name, physical address, email address); and
• Provide a description of the specific information submitted including information that will allow us to confirm it was created and posted by your child.

Please note, we will not make any information disclosures to you if we cannot verify your identity and verify that the information requested belongs to you or someone that you are authorized to act for. Any Personal Information we collect from you to verify your identity, in connection with your request, will be used solely for the purposes of verification. 

Also, please note that if you are an End-User, you may be required to directly contact the applicable Client (who controls your Information) with your request.

Contact Details

If you have any questions, concerns, or requests about our use of your Personal Information, please contact us using our contact details below. You may contact us by telephone number, physical mail, and electronic mail. We hope to resolve any issues you might have.

Thank you for trusting us with your information.