Effective Date: July 15, 2020
Last Updated: July 15, 2020
Table of Contents
- Information We Collect
- How We Collect Information
- How We Use And Share Information
- Other Privacy And Security Provisions
- Additional California Consumer Rights
- Contact Us
b. Conflict Between this Policy and Laws and Regulations
2. Information We Collect
a. Personal Information
We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:
- Unique Identifiers such as name, social security number, date of birth, driver’s license number, passport number;
- Contact Information such as mailing address, email address, phone number;
- Characteristics of Protected Classifications such as age;
- Commercial Information such as sweepstakes participation, alternative means of sweepstakes entries, identity verification approval/denial, referrals;
- Financial Information such as bank account number, bank account balance, transaction history, monthly statements, tax documents;
- Internet and Network Information such as IP address, device ID, browsing/search history, browser type, Touch/Face ID settings, in-app notifications and settings;
- Audio/Visual Information such as call recordings, video or audio testimonials or stories;
- Inferences drawn from the above categories of Personal Information that relate to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes (e.g., consumer response models, propensity to purchase models).
The specific Personal Information we collect about you may vary based on how you use the Sites and/or Services and your relationship with us.
b. Business Information
We also collect information about businesses and their representatives that engage with us such as EIN, TIN, address, phone number, email address, bank account information (collectively, “Business Information”). This information is generally not considered Personal Information because it relates to a business or a business contact.
c. Usage Data and Sites Activity
We automatically collect information in connection with the actions you take on the Sites (“Usage Data”). For example, each time you visit our website, we automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within the Sites, and the duration of your visits to the Sites. When you use our mobile application, we gather information about data and time of your use, duration of use, your device type and operating system. If this information is reasonably capable of being associated with you, we treat it as Personal Information. If this information is not reasonably capable of being individually associated with you, we treat it as Usage Data.
d. Communication Recordings
We may record calls and retain the content of text messages or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.
3. How We Collect Information
a. Voluntary Disclosure
We may ask you to provide us with Personal Information when you communicate with us (online or offline), register to use the Sites, enter a depository account relationship with our partner bank, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Sites or Services or we may not be able to fulfill your requested interaction.
b. Third-Party Data Sources
We may collect Personal Information from third-party data sources such as data brokers, marketing/advertising agencies, identity verification services, financial institutions, and government agencies.
c. Cookies and Other Automated Tools
We use the following types of cookies:
- Session Cookies: Session cookies keep track of you or your information as you move from page to page within the Sites and are typically deleted once you close your browser. For example, session cookies allow your online credit application to function properly.
- Persistent Cookies: Persistent cookies reside on your system and allow us to customize your experience if you leave and later return to the Sites. For example, persistent cookies may allow us to remember your preferences.
- Advertising Cookies: Advertising cookies are used to learn more about you and advertise products/services that might interest you.
We employ software technology that enables us to track certain aspects of a user’s visit to the Sites. This technology helps us better manage content on the Sites by informing us what content is effective, how consumers engage with the Sites, and how consumers arrive at and/or depart from the Sites. The software typically uses two methods to track user activity: (1) “tracking pixels” and (2) “clear gifs.” Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether a user has viewed a web page or email message. User activity information may be associated with additional information about a user’s session and Personal Information, if provided by the user.
d. Interest-Based Advertising
e. Information from Advertisements
If you arrive at the Sites via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).
4. How We Use And Share Information
We use Personal Information for internal purposes, such as to:
- To provide you with the Sites and Services;
- Account creation, fulfillment, servicing and customer support: to create customer accounts, allow customers to create online accounts and profiles, provide goods or services, keep customers informed about the status of their services, respond to questions and address customers concerns, deliver updates, upgrades and product improvement information;
- Marketing and market research: to send communications and offers for our or third parties’ products and services, including offers based on consumers’ interests, personal and business characteristics and location, perform analytics for market and consumer research, trend analysis, financial analysis, and anonymization of personal information;
- Surveys, promotional events, contests: to administer surveys, polls, sweepstakes, contests, loyalty programs and other promotional events and contests;
- Other company communications: to provide consumers with information that may be of interest such as company newsletters, announcements, reminders, and service bulletins;
- Website use and analytics: to provide you with access to and use of our Sites and Services, analyze consumers’ use of our Sites, including the use of third-party web analytics services, which may utilize automated technologies to collect data (such as email and IP addresses);
- Eligibility and pricing: to determine if consumers are eligible for certain products, services, or offers and the pricing related to such offers;
- Product research: to conduct research and analysis for maintaining, protecting, and developing services, increase and maintain the safety of our products and services, and prevent misuse;
- Business operations: to evaluate, develop, and improve business operations, products and services offered, perform business administration and other normal business activities;
- Compliance: to comply with applicable legal requirements, government requests, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others;
- and Information security and fraud prevention: to operate information security and anti-fraud programs.
b. Banking Partner
c. Testimonials and Sweepstakes Winners’ Stories
If you provide a testimonial or story, we may post it publicly on the Sites or in other advertising material. By providing a testimonial or story, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications, without any compensation to you. Unless prohibited by applicable law, we may also use your likeness and story as a sweepstakes winner on the Sites or in other advertising material.
d. Service Providers
We may establish a relationship with other businesses to provide services to us which may include corporate affiliates (“Service Providers”), including for:
- Provision of the Sites and Services;
- Facilitating marketing and non-marketing communications;
- Marketing design and development;
- Business analytics (both marketing and non-marketing related);
- IT and network administration such as mobile application development, data storage and management, website hosting, and data security;
- Sweepstakes design and administration;
- Identity verification;
- Management of ledgers;
- Connection to and exchange of information with financial institutions;
- Transferring instructions and communications to and from Evolve and other third parties and service providers;
- Professional services such as legal and accounting;
- Obtaining legal records;
- Collection of accounts; and
- Day-to-day business operations such as courier services, facilities management, and document destruction.
We only provide our Service Providers with the Personal Information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.
We may share the following types of Personal Information with one or more Service Providers: unique identifiers; contact information; characteristics of protected classifications; commercial information; financial information; audio/visual information; Internet and network information; inferences drawn from the foregoing categories of Personal Information.
e. Third-Party Selling
We do not sell your Personal Information to third-party companies.
5. Other Privacy And Security Provisions
We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect such Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites or Services, you do so at your own risk.
b. Other Websites
Please be aware that third-party websites accessible through the Sites or recommended through our Services may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information.
c. Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands and subpoenas), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.
d. Other Transfers
We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.
e. How Long We Retain Your Data
We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations.
f. Children’s Privacy
The Sites and Services are not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.
6. Additional California Consumer Rights
If you are a resident of California, you may have additional rights to access and control your Personal Information under the California Consumer Privacy Act (CCPA). Exemptions may apply.
a. Right to Know
You have the right to request twice per 12-month period that we provide you (i) the categories or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which your Personal Information was collected; (iii) the business or commercial purpose(s) for which we collected your Personal Information; (iv) the categories of Third Parties with whom we shared your Personal Information; (v) the categories of Third Parties to whom we sold your Personal Information; and (vi) our business or commercial purposes for selling Personal Information. We are not permitted to provide access to specific pieces of Personal Information if the Personal Information is sensitive or creates a high risk of potential harm from disclosure to an unauthorized person such as financial information, social security numbers, and driver’s license numbers. We will not provide specific pieces of Personal Information unless you expressly request them.
b. Right to Deletion
You have the right to request that we delete any Personal Information we have collected about you. Please understand that we are not required to honor a deletion request if a legal exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations.
c. Submitting a CCPA Request
You may submit Right to Know or Deletion requests by or sending an email to firstname.lastname@example.org or writing to us at our mailing address below. In your correspondence, please include at least your name, mailing address, email address, and a description of your request.
After you submit your request, we may contact you to obtain additional information necessary to verify your identity. For example, we may require you to verify certain information in our files or submit a signed declaration under penalty of perjury verifying your identity. We will not process Right to Know or Deletion requests without verifying your identity, so please respond promptly. If you do not timely respond to our requests for information, we may deny your request.
We will process verified Right to Know and Deletion requests within 45 days of receipt, subject to any applicable exemptions and extensions permitted by law up to 90 days. If you request specific Personal Information and that information creates a high risk of potential harm from disclosure to an unauthorized person, we will withhold that information and replace it with a category identifier. For example, if we withhold a social security number, we will inform you that we have a social security number on file. If you have an online account with us, we will provide the response to your request via the online account, otherwise, we will give you the option to choose between mail and electronic delivery. We will retain a copy of your deletion request for at least two years as required by law.
d. Authorized Agent
If you are an authorized agent submitting a request on behalf of a California resident, you must provide a copy of a lawful power of attorney or a written signed authorization from the consumer along with proof your identity. You may provide this documentation via email to email@example.com after submitting the request. We may contact you and the consumer on whose behalf you claim to act to verify your identity, the consumer’s identity, and your authorization to act on the consumer’s behalf.
e. Non-Discrimination Notice
f. California “Do Not Track” Disclosure
Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our Sites and Services do not respond to “do not track” signals.
7. Contact Us
3790 El Camino Real #9039
Palo Alto, CA 94306