Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).

“Personal information” does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
• • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the GLBA or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We have collected the following categories of personal information* (as defined above) from consumers within the last twelve (12) months:

*Please note that the categories of personal information we collect about consumers will vary based on our relationship or interaction with those individuals.  

We obtain the categories of personal information listed above from the following categories of sources:

1. Directly from consumers or their agents. For example, from information that consumers provide to us via telephone, email, or other inquiries related to the products and services that we provide.
2. Directly and indirectly from activity on our mobile applications and websites (www.bmtx.com; www.bankmobile.com; www.bankmobiledisbursements.com; www.bankmobilevibe.com; www.vibeaccount.com; www.getvibeup.com; www.bankmobilevibeup.com; www.refundselection.com). For example, from submissions of forms through our websites.
3. From third-parties that interact with us in connection with the services we perform. For example, from institutions of higher education to facilitate disbursements of federal student aid funds through our services or from third parties with whom we partner to provide financial products or services.
4. California residents have the right to opt out of the sale of their information by businesses that sell Personal Data. The CCPA defines a “sale” as the disclosure of Personal Data for monetary or other valuable consideration. BM Technologies, Inc. does not offer an opt out from the sale of Personal Data because we do not and have not within at least the last 12 months sold Personal Data that is subject to the CCPA’s sale limitation. The CCPA also requires that we state that we have no actual knowledge that we have sold Personal Data of California residents 15 years of age and younger.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

1. To provide you with information about products or services that you request from us.
2. To provide you with email or SMS alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
3. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
4. To improve our website, web application, or mobile application and present its contents to you.
5. For testing, research, analysis and product development.
6. As necessary or appropriate to protect the rights, property or safety of us, our customers, or others.
7. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
8. As described to you when collecting your personal information or as otherwise set forth in the CCPA.
9. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

1. Category A: Identifiers.
2. Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
3. Category C: Protected classification characteristics under California or federal law.
   
4. Category D: Commercial Information.
   
5. Category F: Internet or other similar network activity.
   
6. Category G: Geolocation data.
   
7. Category H: Sensory data.
   
8. Category I: Professional or employment-related information.
   

We disclose your personal information for a business purpose to the following categories of third parties:

1. Our affiliates.
2. Service providers.
3. Government entities.
4. Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you or your employment with us.

We do not and will not sell personal information. In the preceding twelve (12) months, we have not sold any personal information.

Your Rights & Choices

The CCPA provides consumers who are California residents with specific rights regarding their personal information. This section describes your CCPA rights as a California resident and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you (as applicable):

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we disclosed your personal information for a business purpose, two separate lists disclosing:
• • Any sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Your Right to Correct Inaccurate Personal Information

1. In certain circumstances, you have the right to request correction of any inaccurate personal information. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your personal information as directed, taking into account the nature of the personal information and the purposes of maintaining your personal information.

Exercising Access, Data Portability, and Deletion Rights

On or after January 1, 2023, to exercise the access, data portability, and deletion rights and the right to correct described above, please submit a verifiable consumer request to us by either:

1. Calling us at 1-877-327-9515
2. Filling out this form

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

Your verifiable consumer request must:

1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
2. 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 personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  To accomplish this, we may need to contact you to provide additional information to us to verify your identity.  

Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response through your account with us.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request.  However, if your request is excessive, repetitive, or manifestly unfounded, in particular because of its repetitive character, we may refuse to act on the request and notify you of the reason for refusing the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

1. Deny you goods or services.
2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
3. Provide you a different level or quality of goods or services.
4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, or your choices and rights regarding such use,  please do not hesitate to contact us at:

Phone: 1-877-327-9515
Website: www.bmtx.com/privacy-policy
Email: support@bankmobilehelp.com
Postal Address: BM Technologies, Inc., PO Box 278, Maple Shade, NJ 08052

Effective Date: 12/1/2023