(B) Deidentified Information: We may collect deidentified information from you and aggregate information that may not by itself reasonably identify you as the source when you navigate the Site (“Deidentified Information”). Deidentified Information may include: (i) device type; (ii) device operating system; (iii) internet browser type; (iv) internet service provider; (v) referring/exit pages; (vi) date/time stamp; and (vii) clickstream information. Deidentified Information may also include feedback we receive from you through anonymous surveys. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law.

(C) Children’s Information: We do not offer our Service or promote the Site to, nor do we intentionally collect or retain PII from, children who are younger than 18 years of age. If we discover that we have inadvertently collected information from a child under 18 years of age, we will promptly take all reasonable measures to delete such information from our systems.

(D) Other Information: We may collect payment and financial information when you make purchases or payments and related transaction information. We may also collect technical data such as blockchain wallet addresses and network transactions.

How We Collect Information

The information we collect depends on what Users do when they visit or utilize the Site. We collect PII and Deidentified Information in various ways, including:

(A) Directly from You: We collect PII when you voluntarily submit PII to us while using the Site and in connection with other activities, services, features, or resources we make available on the Site. The PII we collect depends on what you do when you visit or utilize the Site or how you choose to communicate with us.

(B) Through Your Use of the Site: We may collect PII and Deidentified Information that your browser transmits when you visit the Site. We may also collect Deidentified Information about how you access and interact with the Site through the use of automated tracking technologies, such as session cookies, persistent cookies, and web beacons. A cookie is a small data file that is transferred to an internet browser, which enables the Site to remember and customize your subsequent visits. We may use session cookies to make it easier for you to navigate the Site. In particular, we may use session cookies to record session information, such as which web pages you visited and to track your activity on the Site. Session cookies expire when you close your browser. We may also use persistent cookies to track and target your interests to enhance your experience on the Site. Persistent cookies remain on your device for an extended period of time.

(C) From Third Party Services: We may collect PII about you from third parties whose privacy practices may differ from the practices described in this Policy. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third-party websites is governed by and subject to the terms and conditions of those third parties and/or third-party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third-party websites.

How We Use Information

We may use Users’ PII for lawful business purposes: (i) as necessary for the performance of our contract with Users, (ii) for our legitimate interests, so long as they are not overridden by Users’ own rights and interests, or (iii) as required by law. These purposes include:

(A) Service Operation: We may use your PII and/or Deidentified Information to operate, administer, provide, maintain, and deliver our Service offered on the Site, including troubleshooting, system maintenance, and upgrades.

(B) Fulfill User Requests: We may use your PII and/or Deidentified Information to fulfill any requests you may submit through the Site.

(C) Customer Service and User Communications: We may use your PII and/or Deidentified Information to help us respond to your inquiries, questions, requests, and support needs more efficiently.

(D) User Experience Personalization: We may use Users’ PII and/or Deidentified Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Site and our Service. This will help us optimize your experience on the Site.

(E) Business Optimization: We may use your PII and/or Deidentified Information to improve the content on our web pages, to customize the content and layout of our web pages, and in managing our everyday business needs. We may also use your feedback to improve the Site and our Service. All of this is done with the intention of making the Site more useful for you.

(F) Safety and Security: We may use your PII and/or Deidentified Information to promote the safety and security of the Site, our users, and other parties. For example, we may use the information to detect, investigate, prevent, protect against, and respond to potential threats, authenticate users, facilitate transactions, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

(G) Transactions: We may use your PII and/or Deidentified Information to process and complete transactions and send you related information such as purchase confirmations and ticketing information.

(H) For Any Other Purposes with Your Consent: We will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How We Disclose Information

We do not sell, rent, lease, or share PII, and will not disclose Users’ PII to third parties without your permission. (The CCPA defines “sharing” as the disclosure of PII for cross-context behavioral advertising.) We may disclose Users’ PII to third parties for a business purpose as described below:

(A) To Affiliates: We may disclose your PII to affiliates, including entities within the Company. Any PII that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this Policy.

(B) To Service Providers: We may disclose your PII to third party service providers that require access to information to support our operations and delivery of the Sites and our Service. This may include those service providers that assist us in providing user support, communicating with Users, and promoting our Service, and any other services relating to the Site.

(C) Law Enforcement, Safety, and Legal Processes: We may disclose your PII to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others or the public; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal, arbitration, or administrative process.

(D) Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Policy.

(E) Any Other Party with Your Consent: We may disclose your information to other third parties with your consent.

Messaging Terms and Conditions

By opting into our SMS messaging service, you agree to the following terms regarding how we handle your data:

1. Data collection: we will collect your name, email address, mailing address, and mobile phone number when you sign up for SMS updates. This information will be connected via the website contact form, email, Customer Subscription Agreement, or the Site.

2. Data usage: we use your data solely for sending account notifications and Customer Care messages.

3. Data Security: we protect your data with secure storage measures to prevent unauthorized access.

4. Data retention: we retain your information as long as you are subscribed to our SMS service. You may request deletion at any time.

5. MESSAGE AND DATA RATES MAY APPLY. Your mobile carrier may charge fees for sending or receiving text messages, especially if you do not have an unlimited texting or data plan.

6. Messages can be recurring, though message frequency varies.

7. Contact support at 203-465-6556 or support@formulary.co for HELP or to STOP receiving messages.

8. Opt-out: You can opt out of the SMS messaging service at any time by texting, emailing, or replying STOP or UNSUBSCRIBE to support@formulary.co or 203-465-6556. After unsubscribing, you will receive a final SMS to confirm you have unsubscribed and we will remove your number from our communications within 24 hours.

9. You can send HELP for additional assistance, and you will receive a text including our phone number, email and website. We are here to help you.

10. We do not share your data with third parties for marketing purposes under any circumstances. We will not sell, rent, or share any collected mobile numbers.

11. If you have any questions or wish to contact us regarding your privacy or our SMS messaging service, please email us at support@formulary.co or call 203-465-6556.

Security

The security and confidentiality of your PII is incredibly important to us. We use commercially reasonable administrative, technical, and physical security measures to protect your PII on the Site from unauthorized or unlawful access, use, modification, destruction, loss, alteration, and/or disclosure. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or telecommunications networks.

We require third parties acting on our behalf or with whom we disclose your information to provide security measures in accordance with industry standards and in compliance with contractual obligations, their privacy and security obligations, and any other appropriate confidentiality and security measures. We are not responsible for the privacy and security practices of such third parties outside of the information we receive from or disclose to them.

Data Retention

We will retain Users’ PII (including Sensitive PII, where applicable) while they maintain an account or profile with us or to the extent necessary to provide the services through the Site. Thereafter, we will keep PII for as long as reasonably necessary: (i) to respond to any queries from Users; (ii) to demonstrate we treated Users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws.

When we no longer have an ongoing legitimate business need to process your PII, we will either delete or anonymize it.

Legal Rights

(A) US State Law Privacy Rights

In some states, you are granted additional protection under your state privacy laws. Your rights may include the:

• Right to Access: You have the right to request a copy of the specific pieces of PII that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a Verifiable Consumer Request, we will disclose:

  • The categories of PII we have collected about you;

  • The categories of sources from which PII is collected;

  • Our business purpose for collecting PII;

  • The categories of third parties with whom we share PII, if any; and

  • The specific pieces of PII we have collected about you.

• Right to Data Portability: You have the right to receive your PII in a portable, readily usable format that allows you to transmit your information to another entity without hindrance.

• Right to Correct Inaccurate Information: You have the right to request that we correct inaccurate information about you that we maintain.

• Right to Deletion: You have the right request that we delete your PII.

• Right to Be Free from Discrimination: You have the right not to be discriminated against by us for exercising any of your rights under state privacy laws. Unless permitted by your state privacy laws, we will not:

  • Deny goods or services to you;

  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

  • Provide a different level or quality of goods or services to you; or

  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights (including those enumerated elsewhere in this Policy) are limited to the extent permitted by your applicable state privacy laws.

(B) Additional Privacy Rights

California’s “Shine the Light” law permits Users of the Site that are California residents to request certain information regarding our disclosure of PII to third parties. To make such a request, please contact us with the contact information provided below.

Verifiable Consumer Requests

If you are a California resident, you can exercise your legal rights by submitting a Verifiable Consumer Request to us by emailing us at privacy@formulary.co.

Only you, or someone legally authorized to act on your behalf, may make a Verifiable Consumer Request related to your PII. Making a Verifiable Consumer Request does not require you to create an account with us.

The Verifiable Consumer Request must: (i) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you. We will only use PII provided in a Verifiable Consumer Request to verify the requestor’s identity or authority to make the request.

Withdraw Consent

Generally, we do not process PII based on consent. However, in the event we do, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on said consent before its withdrawal. If you would like to withdraw your consent, please use the Verifiable Consumer Request method described above.

US State Law: Do Not Track Disclosure

The Site does not respond to Do Not Track signals. We may collect and use your browsing data as disclosed herein. You can disable cookies or use other privacy tools to manage your tracking preferences.

SPAM

We do not participate in bulk email solicitations that you have not consented to receiving. We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third-party advertisers.

Third-Party Links

The Site may contain links to other websites or applications (“Linked Sites”) that are not owned by the Company. We do not control the collection or use of any information, including PII, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for —and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Sites are framed within a page of the Site.

Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and the Company is not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Site and read the privacy policies of Linked Sites.

Modifications and Updates

We reserve the right to update this Policy from time-to-time in our sole discretion. If our privacy practices change materially in the future, we will post an updated version of the Policy to the Site. It is your responsibility to review this Policy for any changes each time you use the Site. Any modifications to this Policy will be effective upon our posting of the updated terms.

Accessing, Updating, and Controlling Information

If you ever wish to access, update, change, delete, opt out of us sharing, or otherwise control your PII, or remove or alter your user profile you may do so by contacting us at the Contact Information provided below. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.

If you wish to opt out of receiving update messages from us, you may opt out by: (i) following any instructions included in the communication, or (ii) contacting us at the Contact Information provided below. Please be aware that although you may opt out of update messages, we reserve the right to email you administrative notices regarding the Site, as permitted under the CAN-SPAM Act and/or other applicable law.

We will make commercially reasonable efforts to respond to opt out requests and handle requests to access, update, change, or delete PII without unreasonable delay and in any event within 30 days/one month of receipt of a Users’ request as required under applicable law. Where circumstances require, we may extend the reply period for an additional two months and/or as provided for under applicable law.

File a Complaint

If you would like to file a complaint with us about our privacy practices, please contact us at the Contact Information provided below.

Contact Information

If you have questions about this Policy or wish to contact us with questions or comments, please contact us at:

FORMULARY FINANCIAL, INC.
legal@formulary.co