Kappa Pay Inc. Privacy Notice

Kappa Pay Inc. and its affiliates (“Kappa Pay” “we,” “us,” or “our” ) respect your privacy. This Privacy Notice describes the processing of Personal Information (defined below) that is provided, collected, or shared on the sites, applications, social media pages, or other platforms that link to this Privacy Notice (collectively, the “Service”). It also describes your choices about the collection, sharing, and use of your Personal Information.

1. Personal Information We Collect

We may collect a range of Personal Information. “Personal Information” means information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to you and/or your business.

The types of Personal Information we collect may include:

  • Contact Information – If you submit an inquiry, register for an account, or provide information on our Service, we may collect your contact information. This may include your name, address, date of birth, email address, phone number, and other information that will allow us to identify you, such as a driver’s license.
  • Financial Information – If you use our Service to make or receive payments,we will collect your financial information, including your name, social security number, ID card number, and account information.
  • Location Data – While navigating our Service your mobile device or browser may share your location data, both through WiFi and GPS. We will collect this information based on the settings of your phone and browser.
  • Usage Information – When you use our Service, our servers may automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Service), domain names associated with your internet service provider, information on your interaction with the Service, and other such information.
  • Communication Information – We may collect audio, electronic, or visual information, which includes screen sharing views; any data in any files uploaded, emailed or otherwise provided by customers; the contents of your communications with us, whether via email, social media, telephone or otherwise, and inferences we may make from other Personal Information we collect.

2. How We Collect Your Personal Information

  • We May Collect Your Personal Information Directly from You – For example, if you register for an account on the Service, or request or purchase products, services, or information from us.
  • We May Also Collect Personal Information from Third Parties – For example, we may work with business partners, subcontractors, advertising networks, analytics providers, and search information providers, who may provide us with Personal Information about you.
  • Through Online Tracking Technologies – We and our service providers may use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect usage and browser information about how you use the Service. We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Service, to enhance your experience through personalization, and to help us better understand the features of the Service that you and other users are most interested in.
    Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Service may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
    Some of our service providers or plug-ins may use cookies or other methods to gather information regarding your use of the Service and may combine the information in these cookies with any Personal Information about you that they may have. The use of such tracking information by a third party depends on the privacy policy of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.
  • Through Analytics – We use analytics services, including Google Analytics, to assist us with analyzing our website traffic through cookies and similar technologies. For more information on Google Analytics’ processing of your Personal Information, please see https://policies.google.com/technologies/partner-sites?hl=en-US. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

3. How We Use Personal Information

To the extent permitted by applicable law, we may use Personal Information to:

  • operate the Service and provide support to our business functions;
  • fulfill customer requests, such as to create an account or complete customer purchases;
  • protect against criminal activity, claims and other liabilities;
  • send you information about our company, products, services, and promotions;
  • respond to reviews, comments, or other feedback provided to us;
  • support and personalize the Service and our advertising efforts;
  • protect the security and integrity of the Service;
  • provide customer support;
  • the extent required for benchmarking, data analysis, audits, developing new products, enhancing the Service, facilitating product, software and applications development, improving the Service, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes;
  • meet our contractual requirements;
  • comply with applicable legal or regulatory requirements and our policies;
  • respond to inquiries related to employment opportunities;
  • market, advertise, and provide the Service; and
  • the extent necessary for any other lawful purpose for which the Personal Information is collected.

4. Sharing of Personal Information

We may share the Personal Information identified in Section 1 of this Privacy Notice in the following circumstances:

  • For Legal Obligation or Safety Reasons – When we have a good faith belief that access, use, preservation or disclosure of Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Kappa Pay, its users, or the public against harm.
  • In the Case of a Merger or Sale – If and when we are involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business. Where legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
  • To Service Providers – When we hire a service provider to help operate the Service or our business, we may give access to Personal Information as necessary to perform the service for Kappa Pay. This may include service providers that operate our Service, send our communications, or run our promotions.
  • To Business Partners – We may share Personal Information with our trusted business partners. For example, we may share your Personal Information with a company when we co-sponsor a promotion or service. These partners and affiliates may use your Personal Information to, among other things, send you information or contact you about their services and products.
  • To Third Parties for Marketing Purposes – We may share your Personal Information with third parties for their marketing purposes. This may include third parties whose services we believe you may be interested in, or who are interested in providing you with services.

5. How Long Do We Keep Your Personal Information

We will retain your Personal Information for as long as necessary to fulfill the purposes for which it has been collected, as outlined in this Privacy Notice, or any longer retention period required by law.

6. Electronic Fund Transfers (EFTs) and Account Balances.

Kappa Pay partners with financial services software company Sila Inc. (Sila) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers (EFTs). When you create a Kappa Pay account, link a bank account, or initiate an EFT, you are authorizing us to share your identity and banking information with Sila and Evolve to support your account. You are also agreeing to the terms of Sila’s privacy policy, https://silamoney.com/privacy-policy/, Evolve’s privacy policy, https://www.getevolved.com/privacy-policy/, and Evolve’s communications consent and disclosure, https://silamoney.com/evolve-electronic-communications-consent-and-disclosure/ (the “Partner Terms”). It is your responsibility to make sure the data you provide us is accurate and complete, which is necessary for our partners to process EFTs on your behalf. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into this Privacy Policy. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR KAPPA PAY ACCOUNT, INCLUDING BUT NOT LIMITED TO USE OF YOUR PERSONAL INFORMATION.

7. How We Protect Your Personal Information

We use our commercially reasonable efforts to protect the confidentiality and security of Personal Information we process. However, despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information.

8. Your Right to Opt-Out

You have the right to exercise certain controls and choices regarding our collection, use, and sharing of your Personal Information. To opt-out of marketing communications please email us at opt-out@kappapay.com or by following the instructions included in the email or text correspondence. If you are a new customer, we can begin sharing your information forty-five (45) days from the date we sent this notice.

Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law. Additionally, if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Information, we may be unable to provide some or all of our services to you.

To exercise other rights with respect to your Personal Information, please contact us using the information in Section 15 below.

9. Additional State-Specific Rights

  • For Nevada residents only. We are providing you this notice under state law. You may be placed on our internal Do Not Call List by following the directions in Section 8 of this Privacy Notice. Nevada law requires we provide the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 702.486.3132; email: aginfo@ag.nv.gov; Kappa Pay Inc., 75 State Street, 1st Floor, Boston 02109; Phone number: +1 (0)833-922-8222; email: legal@kappapay.com.
  • Residents of California, New Mexico, North Dakota, and Oregon. We will not share information we collect about you with nonaffiliates, unless the law allows. For example, we may share information with your consent, to service your accounts, or to provide rewards or benefits you are entitled to. We will limit sharing among our companies to the extent required by law. If you are a resident of California, please see the information below in Section 13 (California Residents) for more information regarding your rights.
  • Other Important Information For Vermont Customers. We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Additional information concerning our privacy policies can be found at www.kappapay.com or call 1-833-922-8222.

10. International use of the Service

This Service is hosted in the United States. If you are visiting this Service from outside of the United States, please note that by providing your Personal Information it is being transferred to, stored, collected, or processed in the United States, where our data center and servers are located and operated.

11. Children’s privacy

We do not knowingly collect or solicit any Personal Information from children under the age of 18. In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that information. If you are a parent or legal guardian and think your child has given us their Personal Information, you can email us at info@kappapay.com or contact us using the information listed in Section 15.

12. Links to third-party websites

We are not responsible for the practices employed by any websites or services linked to or from the Service, including the information or content contained within them. We encourage you to investigate and ask questions before disclosing Personal Information to third parties, since any Personal Information disclosed will be subject to the applicable third party’s privacy policy.

13. California residents

This Section applies to our collection and use of “Personal Information” if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”). This Section describes (1) the categories of Personal Information, collected and disclosed by us, subject to CCPA, (2) your privacy rights under CCPA, and (3) how to exercise your rights.

When we use the term “Personal Information” in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household.

If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in Section 15.

A. Categories of Personal Information Collected, Used, and Shared

In accordance with California law, we may have collected and share the following categories of Personal Information within the past 12 months:

  • Identifiers - A real name, Internet Protocol address, email address, and online identifiers.
  • Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – e.g., a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.
  • Internet or other similar network activity – Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
  • Geolocation data – Physical location or movements.
  • Protected classification characteristics under California or federal law – Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  • Professional or employment-related information – Current or past job history or performance evaluations.

We share each of these categories of Personal Information with our service providers to the extent necessary for them to facilitate our business purposes. We also share this Personal Information for the purposes set forth in Section 4 above.

B. Your California privacy rights

If you are a resident of California, you may have the following rights:

Privacy RightDescription
NoticeThe right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.
AccessThe right to request the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You may also have the right to request the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.
Data PortabilityThe right to receive the Personal Information you have previously provided to us.
ErasureThe right to have your Personal Information deleted. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required or permitted to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); or (4) to otherwise use your Personal Information internally, in a lawful manner that is compatible with the context in which you provided it.
To Opt OutThe right to opt out of the sale of your Personal Information.

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to info@kappapay.com or call us toll-free at: 1-833-922-8222. Please note: you will not be discriminated against in any way by virtue of your exercise of the rights listed below, which means we will not deny goods or services to you, provide a different prices or rates for goods or services to you, or provide a different level or quality of goods or services to you.

We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.

We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes (e.g., tax accounting). You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights. The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

14. Changes to this Privacy Notice

Please note that we may modify or update this Privacy Notice from time to time, so please review it periodically. We may provide you with an updated Privacy Notice if material changes are made. Unless otherwise indicated, any changes to this Privacy Notice will apply immediately upon posting to the Service.

15. Contact us

If you have any questions about our practices or this Privacy Notice, please contact us at 1-833-922-8222 or info@kappapay.com.