Effective May 10th, 2016.
SmartFinance LLC (“SmartFinance”) has prepared this Privacy Notice to provide you with important information about our privacy practices. This Notice applies to personal and other information collected when you use or access our mobile software application XOBI™ (the “Service”). It does not apply to information collected or used by SmartFinance through other means.
Collection of Information
Generally speaking, we collect or receive the following types of information when you use the Service:
- Information You Provide Directly. You may provide information directly to us in several different ways. For example, when you register for the Service, you may provide us your contact information, such as your name, address, phone, email, and other similar information. You may also provide feedback, questions, comments, and suggestions to us about the Service.
- Information You Authorize Us to Access on Third-Party Sites. In order to effectively use the Service, you may choose to provide us with access to information, including your credit card and banking information, stored on third-party sites. This information may include banking account numbers, usernames, passwords and other account information. For example, if you register your bank account with us, we will securely aggregate your bank account information through the Service in order to present it to you.
- Information We Collect Automatically. We collect certain information about you and the device you use to access the Service automatically when you use the Service. This may include:
- Technical and navigational information about your use of the Service, such as average time spent on the Service, the unique identifier of your device, the operating system version on your device, and the app version of your device.
- Your IP address (which is a number automatically assigned to your computer when you access the Internet and can be used to derive your general geographic location).
- Information about the content you view and the features you access on the Service that we collect using cookies, web beacons, and similar technologies.
- Location information. When you use the Service, we may collect information about your location separately from your address or other information that you provide us directly. For example, we may use the location features of your mobile device to help determine your geographic location. If you prefer we do not receive location information from your device, you may control or disable the sharing of location information via your device settings.
- Information from Commercially Available Sources. We may receive additional information about you, such as the websites you have visited, from commercially available sources.
We may combine all of the information we collect or receive and use or disclose it in the manner described in this Privacy Notice.
In addition, if you apply for a XOBI™ Credit Card, we may collect the following information and share it with our partner bank, which issues the credit card:
- Detailed personal information, such as your legal name, date of birth, and social security number;
- Other information used to help apply for a credit card such as your employer, income and liabilities;
- Financial account information used to make credit card payments such as checking account number, routing number, user id, and password.
Use of Information
We may use the information we collect and receive for the following general purposes:
- To provide you with the Service, products and information you request and with legal notices or information about changes to this Privacy Notice or our Terms of Service;
- To continually improve the Service and to enhance your experience with the Service, including by performing market research, project planning, product development, problem troubleshooting, analysis of user behavior, marketing and promotions;
- To manage your account, perform billing and payment activities, provide customer support and resolve disputes, and to update you on your account status;
- To offer you content, goods, and services that we believe may be of interest to you, including merchant information, addresses, images, and other information related to your use of the Service, including to develop an understanding of your finances and interests and use that information for services for you that are available via XOBI™ and to make recommendations within the Service about other products and services you may like, including determining whether to offer you a XOBI™ Credit Card;
- As we believe is necessary to protect our rights and the rights of others, including by enforcing our Terms of Service and by identifying, preventing and reporting potentially prohibited, fraudulent, or illegal activities, including violations of this Notice;
- For any other purpose that we disclose to you at the time we collect your information, or pursuant to your consent.
Sharing of Information
We may share information about you with the following entities:
Affiliates and Partners. We may share information about you with our affiliates—companies that control, are controlled by, or are under common control with, SmartFinance—as well as select non-affiliated partners – companies that are not related to us by common ownership or control.
Affiliated companies with which we may share information about you can be financial and nonfinancial companies, and include companies with the SmartFinance or MidFirst name.
We may also share information about you with non-affiliated financial companies so that we may jointly offer financial products or services to you. Our joint marketing partners may include banks and insurance companies.
Service Providers. We may share your information with entities that provide services to us, including companies that aggregate financial information for the Service, provide web analytics, data processing, email distribution, and other services, including providers that assist in fulfilling requests you make or transactions you conduct. For example, when you sign up for the Service, we may share your information with our service providers in order to determine whether to offer products and services to you, including an invitation to apply for a XOBI™ Credit Card.
In addition, we use a third party to gather users’ data from financial institutions, in order to provide the Service. By using the Service, you grant our third-party provider the right to act on your behalf to access and transmit your information from the relevant financial institutions according to the privacy policies of the third party. You may find the policy at https://plaid.com/legal/#privacy-policy.
Similarly, when you engage with the Service on a social media platform or a website, we may share information with that platform or website at your direction in line with that platform or website’s privacy settings and terms.
Other Parties When Required By Law or as Necessary to Protect the Service. We reserve the right, in our sole discretion, to share or disclose information with law enforcement, government officials, and other third parties in order to:
- comply with or respond to legal process, or a request for cooperation by a government entity, whether or not legally required;
- protect the legal rights of SmartFinance, its affiliates, and users of the Service;
- prevent fraud (or for risk management purposes);
- in an emergency, to protect the health and safety of our users or the general public; or
- as otherwise required by any applicable law.
Other Parties in Aggregated Form. We may share or make available anonymous or aggregate information that cannot be used to identify you with:
- third parties for their research, marketing and promotional purposes, including third parties that may publicly report the findings of their research or analysis;
- users of the Service for purposes of comparison of their personal financial situation relative to the broader community.
Other Parties in Connection with a Transfer of Assets. If we make a sale or transfer of assets, or are otherwise involved in a merger or transfer, or in the unlikely event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.
Other Parties with Your Consent. In addition to the sharing described in this Notice, we may share information about you with other third parties when you consent to such sharing.
Protection of Information
We use commercially reasonable efforts to safeguard information in our possession against loss, theft and unauthorized use, disclosure or modification. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot ensure or warrant the security of any information that you transmit to us.
You are responsible for keeping your password for the Service safe. We strongly advise that you do not share this information with any third parties or leave it exposed. Furthermore, we strongly advise you to change your password from time to time. Please also be aware that certain information provided by you in connection with your use of the Service may be stored on your mobile device (even if we do not collect that information). You are solely responsible for protecting your password and maintaining the security of your mobile device from unauthorized access.
The Service may link to other sites that are not owned or controlled by us. We are not responsible for the privacy practices of such other sites. Therefore, we encourage you to be aware when you leave the Service to read the privacy statements of each and every website that collects personally identifiable information.
Cookies and Similar Technologies.
To help operate the Service, enhance your experience, and collect information about online activity, SmartFinance and certain third parties may use a variety of technologies, including cookies, pixel tags, local shared objects, or other similar technologies. Cookies and similar technologies enable us to personalize the Service for you, streamline and facilitate your access to the Service, and for information security purposes. These technologies may allow us to store and manage your preferences and settings, measure and analyze how you use the Service and the effectiveness of our communications, offer targeted products, programs and services, and help us improve our products, services, and security.
Most browsers provide you with the ability to block, delete, or disable these technologies. If you choose to reject cookies or similar technologies, the Service may not be available or some functionality may be limited or unavailable. Please review your browser manufacturer’s help pages for assistance with changing your settings.
Cookies. Cookies are small text files that websites and other online services use to store information about users on the users’ own computers. Cookies may contain a variety of information, such as the content of search queries, pages you have accessed, session durations and IP addresses or mobile device ID. Some of the cookies may expire when your browsing session ends and you exit your browser; however other cookies are saved on your computer’s or mobile device’s hard drive. If you wish to block our cookies, then please use the help button in your browser, or use the “settings” function in your mobile device, and follow the necessary instructions. Bear in mind that disabling cookies may complicate or even prevent your use of the Service or certain features and functions thereof.
Web beacons. We may also use technologies called web beacons that communicate information from your Internet browser to a web server. A web beacon is an object that is inserted in an email or web page and is usually invisible to the user. The beacon can signal, among other things, that a user has viewed the page or email, allowing us to track user services and website traffic more effectively. We use web beacons for a variety of purposes, including analyzing the use of the Service and to provide content and recommendations that are more relevant to you.
Other local storage. We, along with third-party partners, use other kinds of local storage, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with the Services. These technologies are similar to the cookies discussed above in that they are stored on your computer and can be used to store certain information about your activities and preferences. These objects are stored in different parts of your computer from ordinary browser cookies, however. Many Internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls. For information about disabling or deleting information contained in Local Shared Objects, please click here.
Do Not Track Notice
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted. Because there is currently no industry standard concerning what, if anything, websites should do when they receive such signals, the Service does not currently take action in response to these signals. To learn more about how DNT works, please visit http://allaboutdnt.com/.
Changes to your Information
Much of the information you provide to us may be accessed, reviewed, and updated at any time via the Service. You may also choose to close or request that we delete your account at any time. We will use commercially reasonable efforts to remove your information, although some information may be retained. For example, some information may be retained on a backup server or media, which is necessary to help ensure the Service’s continued availability.
The Service is intended for a U.S. audience. If you access the Service from outside the United States, please be aware that the information you provide to us or that we obtain as a result of your use of the Service may be processed and transferred to the United States or to any other country in which SmartFinance or its affiliates, subsidiaries, or service providers maintain operations. The privacy and data protection laws in the United States or in other jurisdictions may not be equivalent to such laws in your country of residence. By using the Service or by providing us with information, you consent to the collection, transfer, storage and processing of your information in such a manner.
The Service is for general audiences and is not directed at children under the age of 13. We do not knowingly collect personal information from any person under the age of 13 without parental consent, unless permitted by law.
Changes to this Privacy Notice
We may update this Privacy Notice periodically to reflect changes to the scope of the Services or for other reasons. Therefore, it is important to check the effective date of the Privacy Notice posted here each time you use the Service. By continuing to use the Service after we make changes you indicate your consent to those changes.
Questions and Contact Information
If you have questions or concerns regarding this Privacy Notice, our security practices, or our information handling practices please contact: email@example.com.
Please call 877-ASK-XOBI for all inquiries regarding the XOBI™ Credit Card.