This Privacy Notice (as amended from time to time, the “Notice”) is meant to help you understand how S&W Payroll Services, L.L.C. and its affiliates (“Netchex”, “we”, “us”, “our”) collects, uses, stores, shares and protects the Personal Information (as defined below) you provide, or that we otherwise collect, in connection with your use of and access to the https://netchex.com website (the “Webpage”), the http://netchexonline.net service platform (the “Service Platform”), the iOS mobile application (the “Mobile Service Platform”, and together with the Webpage and Service Platform, the “Websites”), 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”), and to describe your rights with respect to such Personal Information. It also describes what data we collect, the choices available to you regarding our use of, your access to, and how to update and correct such data and Personal Information. However, this Notice does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. By visiting, accessing or using the Websites or the Services in any manner, you acknowledge and agree to the practices and policies outlined in this Notice, and you hereby consent to our collection, use and sharing of your data and Personal Information as described below. Netchex expressly reserves the right to amend, modify or change this Notice at any time, and without advance notice to you, in accordance with the terms set forth below. Please read this Notice carefully.
Application and Scope
This Notice applies to all the Websites and 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 Websites, including without limitation (a) clients that enter into applicable service agreements with Netchex (“Service Agreements”) and use and access, directly or through one or more authorized administrators, the Service Platform and the Mobile Service Platform pursuant to such Service Agreements (“Clients”), (b) 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 Websites (“Client End-Users”), and (c) other users of the Webpage who are neither Clients nor Client End-Users (“Visitors”, and together with Clients and Client End-Users, “Users”, “you” or “your”). In the event of a conflict between a Service Agreement and this Notice, the terms of the Service Agreement shall control the rights and obligations of the applicable Clients and Client End-Users. As applicable, Clients and Client End-Users own the Personal Information and other data they or Client End-Users provide to us or we receive and/or collect on their behalf.
Information Collected from You and for Our Clients
Netchex collects Personal Information both directly from Users and under the direction of our Clients (current and prospective), and we typically have no direct relationship with the individuals whose Personal Information and other data we receive and/or process. If you are a Client End-User and would no longer like to be contacted by us or one of our Clients that use our Services, you must directly contact the applicable Client. If you are a Visitor to our Webpage and would no longer like to be contacted by us, contact us by emailing our customer support at [email protected]
We collect or receive detailed and sensitive Personal Information and data from Clients (including their authorized administrators) and Client End-Users in connection with their use of and access to the Websites and the Services. We also collect certain Personal Information and data from Visitors in connection with their use of and access to the Webpage. Examples of the types of information and data that we may collect include (collectively, the “Personal Information”):
- Contact information, including name, email, telephone, and address;
- Log-in information, including details of how and when you used our Websites and Services, what pages you visited, internet protocol address, device and browser used to access the Websites and Services, and Cookies (as defined below) that may uniquely identify your browser, device, or account;
- Client and Client End-User information, including name, address, social security number, date of birth, and employment history;
- Client and employer information, including name, Federal Employer Identification Number, payroll information, and sensitive financial data and bank account information (e.g., account routing numbers and ACH data and identifiers);
- Client End-User and employee information, including name, address, social security number, date of birth, payroll information, salary information, benefits selections and information and other sensitive financial and healthcare related data and bank account information (e.g., account routing numbers and ACH data and identifiers); and
- Client End-User and employee dependent and beneficiary information, including name, address, social security number, and date of birth.
If your Personal Information changes, you may correct, update or request to have it deleted by emailing us at [email protected]; provided, that if you are a Client End-User, you may be required to directly contact the applicable Client (who controls your Information) with your correction, update or deletion request. As applicable, Clients and Client End-Users may deactivate, correct, update, amend or delete a Client’s or Client End-User’s information or account by making the corresponding changes on the Service Platform or Mobile Service Platform account information page in accordance with the provisions of the applicable Service Agreement, or by emailing our customer support at [email protected] or at the contact address listed at the end of this Notice. If requested to remove data, we will respond to the request in accordance with the provisions of the applicable Service Agreement within a reasonable time.
How We Use Personal Information and Data We Collect
In general, we use the Personal Information and other data we collect to provide the Services to our Users, to operate the Websites, to comply with applicable law, and to enforce the Websites’ terms and conditions of use (the “Conditions of Use”), this Notice and our Service Agreements. For example, Netchex may use collected Personal Information and other data to:
- Operate the Websites, provide the Services and offer customer support;
- 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);
- Resolve disputes, collect fees, and troubleshoot problems;
- Comply with applicable laws and regulations or otherwise seek to prevent potentially prohibited or illegal activities;
- Enforce a Service Agreement;
- Personalize, customize, measure, and improve the Services, and the content, layout, and operation of the Websites and related Services and applications;
- Allow Users to register with Netchex and 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 and Websites;
- Contact Users for any purpose we deem appropriate;
- Analyze how Users utilize the Websites and the Services;
- Compare Personal Information for accuracy and verify it with third parties;
- Share certain Personal Information with third-party service providers to facilitate, provide and enhance the functionality of the Services and the Websites (including, but not limited to, sharing certain bank account information with banks to facilitate payroll and benefits services and elections) as described below; and
- Facilitate such uses otherwise set forth in this Notice, the Conditions of Use, and any Service Agreement.
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 Client 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.
Information We Share
We may share your Personal Information with Clients, Client End-Users and other third parties only in the ways that are described in this Notice.
From time to time, we post User testimonials on our Websites, 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 removal of your Personal Information from testimonials, please contact us at [email protected]
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 “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 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.
Netchex may also share your Personal Information with:
- Members of the Netchex corporate family to provide joint content, products and services, to help detect and prevent potentially illegal acts and violations of Netchex’s policies, this Notice, the Conditions of Use and any Service Agreements, and to guide decisions about any of Netchex’s products, services and communications;
- Service providers who help with Netchex’s business operations, such as fraud prevention, bill collection, marketing and technology services; provided, that these service providers may only use your Personal Information in connection with the services they provide for Netchex, and not for their own benefit;
- Financial and other institutions that provide the billing, payment processing, funds transfer and benefits services necessary to facilitate the Services, and Netchex and these institutions may share your Personal Information for certain purposes, such as to inform you that a payment has been sent or when you make a payment;
- Companies with which Netchex is considering a merger, acquisition, sale of its equity or all or a portion of its assets, or any other similar business combination transaction relevant to such information; provided, that (a) Netchex will provide such information pursuant to a non-disclosure or confidentiality agreement and (b) should such a merger, acquisition, sale or similar transaction occur, the (i) acquiring or combining entity shall continue to follow this Notice with respect to your Personal Information until modified in writing by the acquiring or combining entity or (ii) you are notified that your Personal Information will no longer be subject to this Notice;
- Law enforcement, government officials or other third parties pursuant to a subpoena, court order or other legal process or requirement applicable to Netchex or any of its affiliates, as more fully described in this Notice; and/or
- When Netchex needs to do so to comply with any applicable law, rule, statute, regulation, convention or credit or debit rules, or when Netchex believes, in its sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of this Notice, the Conditions of Use or any Service Agreements.
We may also disclose your Personal Information to any other third party, other than as described in this Notice, with your prior consent.
California Privacy Notice: Under the California Consumer Protection Act of 2018 (“CCPA”), Netchex’s disclosure obligations are outlined above in the “Information Collected from You and for Our Clients,” “How We Use Personal Information and Data We Collect,” and “Information we share” sections of this Notice.
Under CCPA, a California resident may ask us for a notice identifying the categories of Personal Information we collect and for what purposes it is used. To exercise any of your rights as set out above, please contact us by submitting a request to [email protected]. You may be required to provide additional information to verify your identity and request before further action is taken.
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 Notice, we may restrict the accessibility of Personal Information to Netchex employees, contractors and agents who need to know and access that Personal Information in order to process it for us, and who are subject to contractual confidentiality obligations.
All Personal Information and other data we collect, obtain or otherwise hold for Clients and Client End-Users is maintained with our third-party hosting provider on secure servers located in multiple physical locations. 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!
Storage and retention of a Client’s and Client End-User’s Personal Information is also governed by our applicable Service Agreements with such 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 Client 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 Notice, the Conditions of Use and our Service Agreements. Upon the expiration or earlier termination of such Service Agreements, Netchex may destroy such Personal Information and other data at any time.
Netchex uses commercially reasonable efforts to comply with all applicable federal, state, and local laws and regulations. As such, we may disclose your Personal Information as required by law, such as to comply with subpoenas, bankruptcy proceedings, or similar legal process, and when we believe in good faith that disclosure is necessary to protect Netchex’s rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. For the avoidance of doubt, Netchex may report any information or data Netchex collects, including, without limitation, your Personal Information, to one or more governmental authorities to the extent Netchex, in its sole discretion, deems such reporting necessary.
Netchex may contact you by email or other means. We will never ask you for your account password. We may contact you for solicitation and advertising from time to time, and if you wish to subscribe to our newsletter, we will use your name and email address to send the newsletter to you. We will provide you with a way to unsubscribe to the newsletter by following the unsubscribe instructions included in those emails.
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 or Websites are temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these service-related emails, which are not promotional in nature.
Cookies and Other Tracking Technologies
Like most web sites, when you use or access the Websites or the Services, Netchex gathers certain information automatically and stores it in log files. Examples of information included in such log files are: internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, username, change events and pages visited. We may link and combine this automatically collected log information with the Personal Information and other data we collect about you. We do this to improve our Services, marketing analytics and functionality of the Websites.
When you use or access the Websites or the Services, Netchex (and its affiliates, advertisers, business partners, and other companies that help Netchex render the Services and operate and maintain the Websites, including the Third Parties and Joint Promotion Partners) may, and may permit its partners to, use these technologies and to place small data files on, or otherwise create and store a unique anonymous identifier that may be code, first-party or other cookies, beacons, pixel tags, scripts, flash cookies or other local storage provided by your browser or associated applications (collectively, “Cookies”). We also use third party services (such as Google Analytics) to help analyze how Users use the Websites and Services, and these third-party services may place Cookies on your device to collect certain internet log information and visitor behavior information in anonymous form.
We may use these technologies, such as Cookies, to analyze trends, administer and track use of the Websites, and to gather demographic information about our user-base as a whole. Moreover, we may use these technologies to: (a) recognize you; (b) verify your identity; (c) customize the Services and advertising; (d) help ensure that your account security is not compromised; (e) collect traffic data, such as whether you are a new or returning visitor, the timestamp of your current visit to the Websites, and the referrer site or campaign that directed you to the Services (e.g., search engine, keywords, banner or email); and (f) mitigate risk and prevent fraud through the Services. We may receive reports based on the use of these technologies by third party companies on an individual as well as aggregated basis.
We may use Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we may partner to provide certain features on our Websites or to display advertising based upon your web browsing activity also use Flash Cookies and HTML5 to collect and store information.
We may partner with one or more third parties to either display advertising on our Websites or to manage our advertising on other sites. Our third-party partners may use technologies such as Cookies to gather information about your activities on the Websites and such other sites in order to provide you advertising based upon your browsing activities and interests.
We may use mobile analytics software to allow us to better understand the functionality of our Mobile Service Platform on your smartphone or other mobile device. This software may record information such as how often you use the Mobile Service Platform, the events that occur within the Mobile Service Platform, aggregated usage, performance data, and where the Mobile Service Platform was downloaded from. We may link the information we store within the analytics software to any Personal Information you submit within the Mobile Service Platform.
Links to 3rd Party Sites
The Websites and Services include links to other sites whose privacy practices may differ from those of Netchex. If you submit Personal Information or other data to any of those sites, such information and data is governed by the privacy policies and practices of these third party sites. We encourage you to carefully read the privacy notice/policy of any site you visit.
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 at [email protected] to request that we remove this information from our database.
Social Media Widgets
NETCHEX EXPRESSLY RESERVES THE RIGHT TO AMEND, MODIFY OR CHANGE THIS NOTICE 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 Websites prior to or upon the amendment, modification or change becoming effective. We encourage you to periodically review this Notice 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 Websites 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 Notice, 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 Notice.
If you have any questions or concerns regarding this Notice, the practices of the Websites, your use of, access to or dealings with the Websites, or otherwise regarding our policies and practices with respect to your Personal Information, please send us a detailed message using the contact information below:
1155 Highway 190 E. Service Road, Suite 2,
Covington, LA 70433