PRIVACY POLICY

Effective Date: February 14, 2024

1. OVERVIEW
2. INFORMATION COLLECTION
3. USE OF PERSONAL INFORMATION
4. USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION
5. INFORMATION POSTED ONLINE
6. INFORMATION DISCLOSURE
7. THIRD-PARTY FINANCIAL SERVICES PROVIDERS & FINANCIAL INSTITUTIONS
8. THIRD-PARTY DATA PROVIDERS
9. THIRD-PARTY WEBSITES
10. DATA STORAGE
11. DATA SECURITY
12. DATA CONTROL
13. CALIFORNIA LAW
14. CHILDREN’S PRIVACY
15. CUSTOMER SERVICE

1. OVERVIEW

Welcome to Positive Finance! Please take a moment and read carefully the following policy related to your privacy (“Privacy Policy” or “Policy”).

This Privacy Policy describes how Positive Finance, Inc. (“Positive Finance”, “POSITIVE FINANCE”, “positive.finance”, “we”, “us” or “our”) collect, use, and disclose your personal information when you (the “User”, “you” or “your”) access and use our services. Please read this Privacy Policy carefully to understand what we do.

This Privacy Policy, together with our Terms of Use (“Terms of Use”), which is available at www.positive.finance/terms (collectively, the “Terms”), contain the policies, terms and conditions governing your use, and access to:

1. our website at www.positive.finance and all of our other websites to which these Terms are posted (collectively, the "Website");
2. our mobile applications to which these Terms are posted (collectively, the "Application"); and
3. any content, products, services, and online applications made available through the Website or the Application (together with the Website and the Application, the "Services"), whether as a guest or a registered user.

POSITIVE FINANCE provides several cash management and banking Services provided by third-party partners (“Third-Party Providers”), including banks (“Bank”) and certain financial institutions (“Financial Institution”).

This Policy includes, among other things, your authorization for use of your information to make debits and credits from and to the account that you hold at Financial Institution (”Financial Institution Account”) and the Bank, via the Automated Clearing House (“ACH”) network or other means.

We use your data to provide and improve the Services. By accessing the Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use.

We respect and safeguard the privacy of everyone who uses the Services. We provide here a brief summary of our Privacy Policy for your convenience.

POSITIVE FINANCE performs the following actions related to your data:

1. collect information directly from you when you create an account or use our services. To make full use of the Website, Application and the Services, you must provide us with certain Financial Institution Account information;
2. collect information about how you use our Services. We may use cookies or similar technologies to collect this information;
3. collect information about you from third-party sources that refer you for membership in POSITIVE FINANCE;
4. use the information that we collect to manage your account, provide you with Services through the Website, the Application and bill you for those Services, deliver marketing communications, generate and analyze statistics and aggregate reports about users of the Website, the Application, and improve our tools and Services;
5. share your information with third parties as necessary to provide you with our services, to service providers operating on our behalf, to your financial advisor or other agents acting on your behalf (if you authorize us to do so), as required by law, in special circumstances (such as to protect our rights, your rights, or the rights of others), in connection with a corporate restructuring, or with your express consent;
6. use administrative, technical, and physical safeguards, including encryption and other security measures, to protect your information; and
7. update this Privacy Policy at any time.

POSITIVE FINANCE do not share your personally identifiable information with advertisers. Please read our entire Policy for complete detail about our privacy practices.

POSITIVE FINANCE may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Policy on this page. We will let you know via email and/or a prominent notice on the Website, the Application or through the Services, prior to the change becoming effective and update the “Effective Date” at the top of this Policy. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page, and your continued use of the Services constitutes acceptance of this Policy, as updated.

2. INFORMATION COLLECTION

POSITIVE FINANCE collect different types of information for various purposes to provide and improve our Services to you:

Information you provide

We and our Third-Party Providers collect any information that you voluntarily provide to us, including when you create an account on the Website, the Application or when you use the Services. We may also collect information that you provide to us by email, telephone, or other means. Personally identifiable information may include, but is not limited to your:

1. name, firstname, middle name;
2. email address; social media address;
3. telephone number, landline and/or mobile phone numbers;
4. U.S. mailing address, state, zip/postal code;
5. Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN);
6. a copy of your government-issued photo ID, such as a passport or driver’s license;
7. a copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request;
8. a picture of your face, uploaded, or taken by a video authorization system;
9. password for accessing the website, application or any Services;
10. answers to additional security questions used for identity verification;
11. demographic information: age, income, profession;
12. information about your financial assets; and
13. information regarding your Bank Account or Financial Institution Account, including but not limited to transaction data from the last three months from each time you access the Services.

In order to make use of the full functionality of the Services, you must also provide information about the Financial Institution Account that you maintain with each of your third-party Financial Institution. POSITIVE FINANCE and our Third-Party Providers collect the following information in order to get access to your Financial Institution Account:

1. routing and account numbers;
2. online banking login credentials; and
3. responses to security challenge questions.

Also, we may collect details of your use and access to our Services, including transaction details relating to your use of our Services, which may include, but is not limited to:

1. transfer data: the sender, recipient of the funds, the time, date and location of the place the transaction was entered into;
2. Transaction Data details: the dates, the merchants involved, the transaction types and the amounts; and
3. other information, data, passwords, or other content related to your use & access to our Services,.

We do not use your personally identifiable Financial Institution Account information other than as provided for in this Privacy Policy.

Information automatically collected from your computer or mobile device

We and our Third-Party Providers may automatically collect certain technical information from your computer or mobile device when you use the Website, the Application or the Services, such as:

1. Internet Protocol (IP) address;
2. Location information: we may use positioning technologies, such as the Global Positioning System (GPS) or Galileo, and your IP address to determine your location when the Website, the Application are running in the foreground and the background of your device. This is used in our Nonprofit marketplace to provide you with local Nonprofits listed near your location.
3. browser type and version, operating system,
4. the pages you view on the Website, the Application, the pages you view immediately before and after you access the Website and the Application; and
5. the search terms you enter on the Website and the Application.

This information allows us to recognize you and personalize your experience if you return to the Website, the Application using the same computer or mobile device, and to improve the Services we provide.

Information we collect from third parties

POSITIVE FINANCE may collect information about you from third-party Users or persons, or Third-Party Providers (including Banks and Financial Institutions). For instance, should a friend, colleague, financial advisor or other third-party refer you to POSITIVE FINANCE, we may keep a record of the identity of that referring party as part of your account profile. Similarly, when you refer others to join POSITIVE FINANCE, we will record your name for the purpose of tracking the status of your referrals.

We may work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, fraud prevention agencies, customer service providers, developers, social media organizations such as Facebook, Google, Snapchat, and/or Twitter).

If you allow us to, we will collect friends lists from these social media companies and similar information, the Application will periodically re-collect this information in order to stay up-to-date.

POSITIVE FINANCE may also receive information about you from third parties we use to verify your identity or your credit reference. Any such search under this section may leave a footprint on your credit file. By agreeing to the terms of this Policy, you agree that we may carry out such credit search in the knowledge that it may leave a footprint on your credit history. If you would like details of the credit reference and fraud prevention agencies from which we have obtained or may obtain information about you, please contact our customer service at help@positive.finance.

Automatic data collection technology

POSITIVE FINANCE may use the following technologies to automatically collect your data:

1. Cookies: a cookie is a small file placed on the hard drive of your computer. Certain features of our Services may use local stored objects (or flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. We may use session cookies to operate our service and preference cookies to remember your preferences and various settings. Finally, we may use security cookies to provide additional security features; and
2. Pixels and web beacons: the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit POSITIVE FINANCE, for example, to count users who have visited certain pages or opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you would prefer not to accept cookies, most browsers will allow you to:

1. change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it;
2. disable existing cookies; or
3. set your browser to automatically reject cookies.

Please note that doing so may negatively impact your experience using the Services, as some features and services on our Services may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have read our email and performed certain functions with it.

We and our Third-Party Partners may also use cookies and tracking technologies for advertising purposes.

Third-party Data Collection

Some content or applications on the Services may be provided by third parties, including analytics companies and advertising providers. The Services may also include social media features, such as the Facebook “Like” button, and other widgets, such as the “Share” button or interactive mini-programs provided by third parties. These third parties may use cookies or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different web sites and other online services.

One of the third-party services that we use is Google Analytics, which is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of our web site and may share this data with other Google services. You can learn more about how Google uses and shares personal information and about any choices you may have with regards to your personal information by visiting their web site at www.google.com/policies/privacy/partners/. The Services may also use Google Analytics Advertising Features, including Remarketing with Google Analytics, to advertise online.Third-party vendors, including Google, may show our ads on websites across the Internet.We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the web site. To opt out of Google's use of cookies, you may visit Google's Ads Settings.

We also use Google reCAPTCHA service to protect our Services from fraud and abuse. Google uses cookies and other tracking technologies to perform advanced risk analysis and adaptive challenges to keep malicious software from engaging in abusive activities on our Website. You can learn more about how Google uses and shares personal information and about any choices you may have with regards to your personal information by visiting their web site at www.google.com/policies/privacy.

3. USE OF PERSONAL INFORMATION

POSITIVE FINANCE collects the data for various purposes, such as but not limited to:

1. provide and maintain the Services:

1. authenticate you so that you can access the Website, the Application, the Services and conduct Transactions;
2. recognize you, your device or your browser when you use the Services so that we can facilitate navigation, display information more effectively, store your preferences and otherwise personalize your experience and enhance the use of the Services;
3. process your applications and transactions;

2. notify you about changes to the Services;
3. allow you to participate in interactive features of our Services when you choose to do so;
4. fulfill your requests and provide customer service effectively;
5. provide analysis or valuable information so that we can improve the Services to monitor the usage of the Services;
6. detect, prevent and address technical issues;
7. recommend Nonprofits or suggest certain Transactions;
8. comply with the law or legal proceedings; and
9. conduct legitimate business purposes for any other purpose to which you consent, or as described in this Policy.

4. USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION

POSITIVE FINANCE may use non-personally identifiable information regarding current and potential Users, including but not limited to demographic, geographic, any other information we collect pursuant to this Policy or otherwise, or aggregated User Information for any legitimate business purposes.

5. INFORMATION POSTED ONLINE

POSITIVE FINANCE is not responsible for any User Information shared in public forums such as blogs, chats, videos, or social media. We retain full, irrevocable, royalty-free, worldwide sublicensable, and perpetual intellectual property rights to any user-generated content uploaded, shared, transmitted, or otherwise publicly disseminated on the Website, Application or through the Services. We may store, use, reproduce, modify, and adapt such content and will retain full rights to any derivative works or compilations of such content. You warrant by your actions that you have the necessary rights to grant such licenses to POSITIVE FINANCE. We can further delete such content at any time and for any reason.

We have no obligation to monitor or ability to control the information you publicly place on the Services. We do not endorse any opinion, recommendation, and information that is expressed in this fashion. By accessing the Services, you waive any rights or remedies against POSITIVE FINANCE in relation to such data.

6. INFORMATION DISCLOSURE

POSITIVE FINANCE may disclose the information we collect from you through the Services to the Nonprofit organizations you interact with in the Nonprofit marketplace. This information is needed for the purposes of processing your donation, sending a donation receipt and offering support related to your donation. The Nonprofits may also reach out directly to you for various other purposes, including additional fundraising efforts campaigns.

POSITIVE FINANCE may also disclose the information to the following parties:

1. Third Party Providers that verify your identity, protect against fraud, comply with anti-money laundering laws and that confirm your eligibility to use the Website, the Application and our Services;
2. Third Party Providers, vendors, consultants, contractors, and other service providers that work on our behalf and are bound by confidentiality and privacy obligations;
3. advertisers and service networks that require the data to select and serve advertisements to and others;
4. user research, testing, analytics and search engine providers that help us enhance our Services;
5. financial advisor or other agents acting on your behalf, if you authorize us or them to do so; and
6. other providers as required by law, such as to comply with a subpoena or other legal process, or to comply with government reporting obligations;

We may also disclose your information when we believe in good faith that disclosure is necessary to:

7. protect our rights, the rights of other Users of the Website and the Application, or your safety or the safety of others, or
8. detect, prevent, or respond to fraud, intellectual property infringement, violations of our Terms, violations of law, or other misuse of the Site; or
9. affiliates, service providers, advisors, and other third parties to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition, or sale of all or a portion of our assets; and/or pursuant to your express consent.

In addition, we may share aggregate reports on Users’ demographics and traffic patterns, financial habits or information, giving habits or information, or other information that does not personally identify you, with any other third party. This can include aggregate, non-personally identifiable information that is derived from Financial Institution and Bank Account Information (such as the average or total balances of our Users’ Bank Accounts). We may also use such aggregate information to enhance our Services and develop new service offerings.

However, we do not sell or otherwise share your personally identifiable information with other companies so that they can market to you.

7. THIRD-PARTY FINANCIAL SERVICES PROVIDERS & FINANCIAL INSTITUTIONS

When accessing a third-party Financial Institution on your behalf, POSITIVE FINANCE is acting as your agent and not as the agent of such a Financial Institution. All of your information, including Financial Account Information, that we may transmit to such a Financial Institution on your behalf is subject to such Financial Institution’s privacy policy and terms of use. You should review and be aware of each Financial institution’s terms before linking your account at such institution to our service.

Electronic Fund Transfers (“EFTs”) and Account Balances

POSITIVE FINANCE has partnered with financial services software company Sila Inc. to offer you EFTs. When you create a POSITIVE FINANCE User Account, you might also be prompted to sign up for a Sila Account. You authorize POSITIVE FINANCE to share your identity and banking information with Sila Inc. to open and support your POSITIVE FINANCE User Account. It is your responsibility to make sure the data you provide us is accurate and complete. You must comply with Sila Inc.’s privacy policy (the "Sila Privacy Policy") when creating or using your POSITIVE FINANCE User Account. The Sila Privacy Policy may be modified from time to time, and the governing version is incorporated by reference into this Privacy Policy. Any term not defined in this section but defined in the Sila Privacy Policy assumes the meaning as defined in the Sila Privacy Policy.

8. THIRD-PARTY DATA PROVIDERS

To provide the Services to you, POSITIVE FINANCE may from time to time use third-party data services to gather your Financial Account Information from a Financial Institution. These Third-Party Providers are bound by privacy obligations that prohibit them from disclosing your personally identifiable information and allow them to use only anonymized user data. By using the Website, the Application and the Services, you grant our Third-Party Providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant Financial Institution.

9. THIRD-PARTY WEBSITES

Please note that you may encounter links to third-party websites within the Services, which may include information that we have no control over. Whether you access third-party websites through a link on the Services, or as a consequence of using our Services, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, do not create rights enforceable by third parties. POSITIVE FINANCE bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms and conditions for each site you visit through third party links or through our Website.

10. DATA STORAGE

Data collected through the Website, the Application and the Services is processed by POSITIVE FINANCE in and subject to the laws of the United States, which may not provide the same level protection for your information as your home country, and may be available to the United States government or its agencies under a lawful order made in the United States.

By using the Website, the Application and the Services, you consent to such transfer to, and processing in, the United States.

11. DATA SECURITY

POSITIVE FINANCE is committed to protect your information from unauthorized access, use, or disclosure.

We maintain administrative, technical, and physical safeguards designed to protect the information collected through the Website, the Application and the Services. For example, we use the Secure Sockets Layer (SSL) encryption technology to protect the transfer of your information, we keep your information encrypted on our servers, and we do not permit our employees to access your Financial Account Information.

We also work with third-party security experts to assist us in maintaining and implementing sound data security practices.

However, no information or communication system can be fully secure, so we cannot guarantee the absolute security of your information. In addition, we are not responsible for the security of information that you transmit to the Website, the Application and the Services over networks that we do not control, including the Internet and wireless networks. POSITIVE FINANCE recommends you to only use networks you are familiar with, and that offer the adequate level of security when connecting to the Website, the Application to use our Services, which by nature are more sensitive.

12. DATA CONTROL

POSITIVE FINANCE may send you emails regarding updates to the Website, the Application, the Services, notices about our company, information about new services we offer, or promotional offers from third parties that we think may be of interest to you. If you wish to unsubscribe from such communications, you can click on the "unsubscribe" link provided at the bottom of the email communications or through your mobile application.

Note that you cannot unsubscribe from certain Website and Application-related communications, such as User Account verification, Transaction’s confirmation, technical and legal notices.

If you encounter any difficulty to unsubscribe to our communications, you may contact our customer service via email at help@positive.finance.

If you have a User Account with us, you have the ability to modify certain data in your account such as, but not limited to, your contact information. If you have any questions about modifying or updating any information in your User Account, please contact our customer service via email at help@positive.finance.

13. CALIFORNIA LAW

California Consumer Privacy Act (CCPA) and Civil Code permit users of POSITIVE FINANCE that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You may contact our customer service via email at help@positive.finance to make such a request.

14. CHILDREN’S PRIVACY

POSITIVE FINANCE’s Website, Application and Services are not directed toward and do not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from Children. If you are a parent or a guardian and if you are aware that your Children has provided us with personal data, please contact us via email at help@positive.finance.

If POSITIVE FINANCE becomes aware that we have collected personal data from Children without verification of parental consent, we take steps to remove that information from our servers.

15. CUSTOMER SERVICE

Your feedback is welcome and encouraged and you may submit feedback by contacting our customer service.  You agree, however, that:

1. by submitting unsolicited ideas to POSITIVE FINANCE or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and
2. such unsolicited ideas automatically become the property of POSITIVE FINANCE. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to POSITIVE FINANCE together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

You may reach our customer service by the following ways:

1. Email: help@positive.finance; and
2. Phone: +1 (347) 725-1975.