The USA Patriot Act
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AN ACCOUNT
To help the government fight the funding of terrorism, money laundering activities and other financial crimes, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you obtain a financial product or service offered by or in connection with our relationship with a financial institution, we may ask for your name, mailing address and other information or documentation, such as a copy of your driver’s license or other identifying documents, to verify your identity and otherwise comply with the applicable federal laws and regulations.
1. Collection of information
The Company may collect personal information (including Personal Data) and other information about you, including but not limited to the following:
Registration Information: When you register for a Service, you will be asked for basic registration information, such as an email address and password.
Identification and Banking Information: You may also be asked to provide identification information to confirm your identity, including your first and last name, zip code, social security number, business name and phone number, as well as bank statements, credit card statements, banking history and payment and transaction history.
Business Information: You may also be asked to provide business information and documentation, including company size, financial statements, bank accounts, business type, organizational documents and business plans, as well as beneficial ownership information.
Third-Party Authorization: You may also enter in certain account information for third-party sites and Internet services (“Third-Party Sites”).
Information from Third-Party Sites: In order to display information to you or to fulfill your requests for certain products and services through a Service, we may collect, on your behalf, your account and other personal information from Third Party Sites that you register under your account via the Service. We may also collect information about you from mailing list providers, publicly available sources, and other third parties, including to process and manage your application and transactions.
Information Collected by Cookies and Web Beacons: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We may also collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, count visits, understand usage, and determine whether an email has been opened and acted upon.
Technical and Navigational Information: We may collect your computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our web design and functionality.
Device ID: When you use the mobile versions of our Site, we may collect the unique device identifier assigned to that device by phone makers, carriers, or makers of the operating system (the ‘Device ID’). Device IDs allow app developers, and others to uniquely identify your device for purposes of storing application preferences and other data.
We take reasonable steps designed to ensure that your Personal Data that we process are limited to the Personal Data reasonably required in connection with the purposes set out in this Policy. We do not seek to collect or process Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, or sexual life. Nor do we collect any information about criminal convictions and offences. Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into (for example, to provide our client with Services). In this case, we may have to cancel a product or service but we will notify you if this is the case at the time.
2. Use of your information
We may use, save and analyze the information you provide about yourself and about your Third-Party Sites (together “Data Processing”). Such Data Processing is necessary to perform our Services to you, including in connection with advancing and collecting funds under (or in anticipation of entering) the Business Agreement and Terms of Service, pursuant to our legal obligations (e.g. “Know Your Client” and fraud protection) and our legitimate business interests, including:
to fulfill your requests for our products, programs and Services and process and analyze your application,
to respond to your inquiries about our Services and verify your identity,
to provide customer support,
to offer you other products, programs, or services that we believe may be of interest to you,
to verify the existence and condition of your accounts and conduct due diligence,
to fulfill legal requirements,
to protect against potentially prohibited or illegal activities,
to improve (including through data analytics), monitor and personalize the Services and conduct our business and to provide targeted marketing and advertising,
to measure the performance of and improve the Site or mobile application functionality,
to manage, administer and protect our information technology infrastructure and Site security generally; and
to otherwise assist with a transaction. For example, we may use the account information you provide or that we collect from Third-Party Sites to confirm your accounts are valid and to access funds from your accounts in connection with fulfillment of the Services.
If information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose.
We will not reuse your Personal Data for a new purpose other than the original one(s) for which it was collected, unless one or more of the following apply:
the new use is compatible with the original use such that you would reasonably expect such a similar use;
we have notified you of the new use and given you an opportunity to authorize it; or
the new use is otherwise permitted or required by law.
In an ongoing effort to better understand and serve the users of the Services and improve data analytics, research and analysis may be compiled and analyzed on an anonymized basis, and the Company may share this anonymized data with its affiliates, agents and business or financing partners. This aggregate information does not identify you personally.
Some of our pages utilize framing or white-labeling techniques to serve content from our partners while preserving the look and feel of our Site. Please be aware that in these instances you may be providing your personal information to these third parties and not to the Company.
3. Sharing of information
We may share personal information about you as follows and you hereby consent to such sharing:
With our service providers, agents, consultants and related third parties to perform certain business-related functions such as offering customer service, processing diligence or secure data storage, in each case only as necessary to provide these types of services to us;
With third parties (including insurance providers, financing sources and platforms) to provide, maintain, and improve our Services, to help us with our business activities (such as performing due diligence, risk analysis, and know your customer compliance), capital raising and to better understand our users;
In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, reorganization, divestiture, or dissolution of all or a portion of our business;
Basic information (name, company name, phone number, email address and requested advance amount) with one of our business partners to market their services to you;
To respond to a request of a governmental entity, subpoenas, court orders, or legal process;
To respond to claims that any posting or other content violates the rights of third parties;
If required to do so by law or in the good faith belief that such action is necessary to:
comply with any legal obligation;
investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, our Business Agreement, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services;
generally protect against legal liability or otherwise protect our rights; or
to protect the health and safety of our Sites’ users or the general public in an urgent or emergency; or
To any other third party with your consent.
We may display personal testimonials of customers on our Site. We may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us by email at firstname.lastname@example.org .
4. Your rights and data retention
You have the right to ask us not to process your personal information for marketing purposes. You can do this at any time by updating your email preferences in your account or by clicking on the “unsubscribe” link in any marketing email we send you. You can also opt out of marketing by emailing email@example.com .
Data protection law may give you the right to access your personal information, to object to the use of your personal information for certain purposes, and the right to erase or restrict your personal information. Further, you may request the transfer of your personal data to you, or (if technically feasible) to a third party in a machine-readable format. Note that these rights only apply to personal data which you initially provided us. You can make any such requests by emailing firstname.lastname@example.org or via your user account. Certain personal information will need to be retained for administrative, legal, security or other legitimate business purposes.
You can easily access personal information that you have submitted to us and request the correction of any inaccurate information you have submitted to us, via your user account. Alternatively, you can send an email that includes your contact information to email@example.com to request any corrections, or access, to your personal information.
We will handle your requests and rights in accordance with the law. This means there may be legal reasons why we cannot fulfil all requests. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You may have the right to lodge complaints with a data protection authority regarding the processing of your Personal Data, we would, however, appreciate the chance to deal with your concerns beforehand, so please contact us in the first instance.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, administrative, security, compliance, accounting, or reporting requirements. We will need to retain your information for as long as your account is active and for legitimate business interests (including if any amounts, including Specified Amounts (as defined in a Business Agreement) are outstanding). We will retain and use your information as necessary to comply with (and demonstrate compliance with) our legal obligations, resolve disputes, collect on amounts owing and enforce our agreements. In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
We take reasonable measures, including firewall barriers, SSL encryption techniques, and authentication procedures, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal information to the Company via the Internet. If you have any questions regarding the security of your personal information, you can contact us by email at firstname.lastname@example.org .
6. Email communications
We may provide our registered customers with summaries of their account information and email alerts. We may also allow users to subscribe to email newsletters and from time to time may transmit emails promoting the Company or third-party goods or services.
You have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails or by contacting us by email at email@example.com . Opting out in this manner will not end transmission of service-related emails, such as email alerts.
Your California Privacy Rights
If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) permits you to obtain certain disclosures about information you have shared with us in connection with your use of the Services. CCPA also provides you with certain rights with respect to this information. This section outlines those CCPA required disclosures and details those rights that apply to “personal information” subject to the CCPA. Personal information does not include information that is publicly available (as defined by the CCPA), deidentified, or aggregated.
Information We Collect
In the past 12 months, we have collected the following categories of personal information about California residents who are website visitors, users, and businesses that access services provided by or through Giggle:
We collect the information listed above from the following categories of sources: (i) information provided by you, (ii) information we collected when you use our Services, or (iii) information received from third parties.
Use of Personal Information
We may use or disclose the personal information we collect from you for a number of purposes compatible for which it was collected or authorized by you, including for, but not limited to, the following purposes:
Providing, supporting, promoting, and improving the Services;
Communicating with you;
Marketing and advertising;
Complying with law and our own obligations; and
For other purposes for which we provide notice to you at the time of collection or for which we obtain your consent.
Sharing Personal Information
As also described in Sharing of Information section, we may also disclose your personal information: (i) to affiliates and subsidiaries; (ii) as required by law; (ii) in connection with corporate changes; (vi) in anonymized or aggregate form; or (vii) with your consent.
Sale of Personal Information
Your Rights Regarding Personal Information
California residents may exercise the following rights regarding their personal information, subject to certain exceptions and limitations. While the CCPA becomes effective on January 1, 2020, some individuals may not be able to invoke these rights until January 1, 2021 due to a temporary legislative period of delay. For example, where an individual is acting on behalf of a company (e.g., as an employee, owner, director, officer, or contractor), access and deletion rights are temporarily unavailable for the personal information reflecting a written or verbal communication or transaction between us and the individual where the communication or transaction occur solely within the context of the individual’s company receiving a product or service from us.
Right to Know. You have the right to request that we disclose certain information we have collected, used and disclosed in the past 12 months. You have the right to know:
the categories and specific pieces of personal information we have collected about you;
the categories of sources from which your personal information was collected;
the purposes for collecting your personal information;
the categories of third parties with whom we have shared personal information; and
if your information is sold, lists of the categories of personal information sold and disclosed for a business purpose.
Right to Delete. You have the right to request that we delete any personal information we have collected from you. We will also direct any service providers with whom we have shared your personal information to delete such information from their records. CCPA provides certain exceptions to the Right to Delete. If any of these exceptions apply, we will not be able to comply and will be forced to deny your request to delete, for example when the personal information is necessary to complete a transaction for which we collected it or to comply with a legal obligation. We use a two-step process for online requests to delete personal information. You will be asked to clearly submit your request to delete and to separately confirm your choice.
Right to Opt-out of Sale(s). We do not sell your personal information to third parties.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
To exercise any of the above rights, you may submit a verifiable request by using the following information: Online at privacy.gigglefinance.com
Responding to Your Requests
When you submit a request through one of the designated methods for submitting requests, it may take us up to 45 days from receiving your verifiable request to disclose and deliver the required information. In some cases, it may take us longer to respond to your request. If we require more time (up to 90 days), we will provide you with notice of the extension period.
We may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create a Giggle account to submit a request or have it fulfilled. If you do not have a password-protected account with us, we will require you to provide additional information to verify your identity. If we are unable to verify your identity to a reasonable degree of certainty, we will not be able to provide the requested information.
You may designate an authorized agent to make a CCPA request to know or delete on your behalf based on: (i) your written permission authorizing the agent to submit the request and the agent verifying their identity in accordance with the verification process outlined above; or (ii) providing the agent with power of attorney to act on your behalf. We will require copies of such written authorization or power of attorney.
If you have questions or concerns regarding this Policy, or if you have any questions or suggestions, please contact firstname.lastname@example.org .