Privacy Policy

Last Updated on September 18, 2018

This Privacy Policy describes how Kickfin Inc. (referred to as “Kickfin”, “we”, “us” or “our”) collects, stores, uses, discloses and transfers your non-public personal information (“NPI”) when you apply for and/or use services offered by or through Kickfin. By accepting our Terms of Use, you are confirming that you have read and understood this Privacy Policy, including all of the provisions on what NPI we collect and how we use that information. By continuing to use any services offered by or through Kickfin, you are consenting to the terms in this Privacy Policy.

Kickfin’s services are intended for a general audience and not directed at children under the age of 13. If we have actual knowledge that any of the NPI collected relates to or has been provided by a person under the age of 13, we will delete that information. If you are a parent or guardian and believe we may have collected information about a person under the age of 13, please contact our Compliance and Privacy Officer as specified in Section IX below. If we determine that we have inadvertently collected NPI from a person under the age of 13, we will promptly delete such information from our records.

I. About This Privacy Policy

This Privacy Policy explains:

(a) what kinds of NPI we collect;

(b) how and when we collect your NPI;

(c) how we use your NPI;

(d) when we may share your NPI;

(e) data storage and security of NPI;

(f) choices you have regarding our use of NPI; and

(g) who you should contact if you have questions about this Privacy Policy.

II. NPI We Collect About You

NPI means personally identifiable financial information (i) provided by a consumer of a financial institution; (ii) resulting from any transaction with a consumer or any service performed for the consumer; or (iii) otherwise obtained by the financial institution. NPI does not include any publicly available information.

NPI we collect about you may include:

(a) personal information including, without limitation, your name, email address, phone number, birthdate, identification numbers (such as from your driver’s license, passport, or other government ID card), employee identification number, social security number or other taxpayer identification, or other authentication credentials;

(b) financial information including, without limitation, financial statements, bank account numbers, credit and debit card numbers, salary information, information concerning the entitlement to tips and payment of tips, employment status, working hours, and other non-publicly available information; and

(c) information about your transactions with us and affiliates and non-affiliated entities including your employer, such as information related to the payment of tips owing to you or paid to you.

III. How and When We Collect NPI

You may submit NPI to us when you apply for and/or use services offered by or through Kickfin or communicate with us in other ways. We may also collect NPI about you when we verify your identity, qualify you for our services or validate your account.  At your request, we will be collecting NPI from your employer under an agreement with them. We may collect NPI from the financial institution where you wish to receive payments through our services.

IV. How We Use Your Information

We may use your NPI to:

(a) determine your eligibility to use our services;

(b) perform sanctions list screening, identity verification, and any other screening and checks required by law and applicable to Kickfin’s business;

(c)determine the terms under which we are willing to contract with you and/or perform services for you;

(d) provide services to you and administer any contract we have with you;

(e) communicate with you and deliver information to you;

(f) display historical transaction information;

(g) identify, investigate, prevent and report fraud, security breaches, and other potentially prohibited or illegal activity;

(h) maintain, improve and customize our services;

(i) conduct data analytics, business management and planning;

(j) improve and facilitate your use of our services;

(k) fulfill any legal, regulatory and/or due diligence requirements applicable to Kickfin;

(l) enforce our Terms of Use or protect our legal rights against you or defend against legal claims, including to collect a debt;

(m) prevent financial loss;

(n) develop new products and services;

(o) market our services to you and those of select partners.  If we send you marketing emails for other company’s services, each email will contain instructions permitting you to “opt out” from receiving future marketing or other communications;

(p) coordinate our services with undertakings by your employer to us or to you or other third parties; or

(q) as otherwise permitted, authorized or required by state or federal law.

V. When We May Share Your Information

We may share your NPI in accordance with this Privacy Policy, for the purposes described in Section IV, or as required or authorized by applicable law. Your NPI may be shared:

(a) with non-affiliated third parties to perform services for or functions on Kickfin’s behalf such as marketing our products or services, performing payment transactions or maintaining or improving our services or administering our working relationship with you, provided we have an applicable written agreement with the non-affiliated third party. Examples would include entities such as security providers, analytics or research companies, identity verification or fraud prevention companies, payment card associations, payment networks, payment processors, and other entities needed to facilitate our delivery of our services to you;

(b) with professional service providers and advisors who perform functions on our behalf, such as lawyers, accountants and auditors;

(c) with government regulatory authorities and other organizations (such as the police, tax authorities, or other law enforcement agents) as requested by such authorities and organizations or as required or authorized by law or other regulatory requirements in jurisdictions in which we operate;

(d) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of our business;

(f) in the future with affiliates and non-affiliated third parties in connection with a marketing campaign for their products or services from which you will have the right to opt out;

(g) as we deem reasonably necessary to protect our services, comply with applicable laws, rules and regulations, and to protect us, our services and the public from fraud, harm, security breaches, and other potentially prohibited or illegal activity; and

(h) with affiliates for the purposes described herein.

VI. Data Storage and Security

The security of your NPI is important to us. We follow generally accepted industry standards to protect the NPI submitted to us, both during transmission and after it is received. Any of your information stored on our computer systems is protected by safeguards including physical, technical (data encryption) and procedural methods. No method of transmission over the internet or electronic storage is completely secure. Consequently, we cannot guarantee 100% security.

While you are a user of Kickfin’s services and thereafter, we will store your NPI only for as long as is reasonably necessary, taking into consideration our relationship with you, our service providers’ relationships with you, the purposes stated in this Privacy Policy, our need to resolve disputes or claims or assist with investigations, and our need to respond to requests for such information from government regulatory authorities and other organizations, or otherwise comply with legal and regulatory requirements under applicable law.

NPI that is protected by state data breach notification laws vary by state according to the location of the person concerned. Kickfin complies with state law applicable where the individual concerned is domiciled.

VII. Choices You Have Regarding Our Use of Your Information

It is voluntary for you to provide your NPI to us. However, if you fail to provide certain NPI when requested, we may not be able to perform services for you or we may be prevented from complying with our legal obligations.

VIII. Cookies  

Kickfin may elect to use cookies to collect information from you when you use our website. A “cookie” is a small data file that is stored on your hard drive or in your device memory when you visit a website or view a message. You may elect to disable cookies by utilizing the corresponding setting in your web browser. Disabling cookies may prevent you from using certain functions and features of our site.

IX. Who You Should Contact With Questions

If you have questions about this Privacy Policy, wish to make a complaint in relation to a breach of your privacy or would like to update or correct your NPI held by us, please contact our Compliance and Privacy Officer by email at support@kickfin.com.

X. Other Important Information

For California Residents: We will not share NPI we collect about you with nonaffiliated third parties, except as permitted by California law, such as to effect, administer or enforce a transaction, in connection with servicing or processing Kickfin’s services, or in connection with maintaining or servicing any account you have with us.

For Vermont Residents: We will not share NPI we collect about you with nonaffiliated third parties, except as permitted by Vermont law, such as to effect, administer or enforce a transaction, in connection with servicing or processing Kickfin’s services, or in connection with maintaining or servicing any account you have with us. In addition, we will not share information we may have about your creditworthiness with our affiliates except with your authorization.