Factiiv Privacy Policy

updated: September 18, 2023

Factiiv Inc. and its affiliates (“Factiiv,” “we,” “us,” “our”) respect privacy, and the security of your personal information (“Personal Information”) and business information (“Business Information”) (collectively, “Information”) is important to us. We protect your Information by maintaining physical, organizational, and technological safeguards appropriate to the sensitivity of the Information. Except as stated herein, Information may only be accessed by persons within our organization and other authorized third parties who require such access to provide you with the Services.

This Privacy Policy describes how Factiiv processes Information that we collect through the Factiiv Platform.

1. DEFINITIONS

Undefined terms in this Privacy Policy have the same definition as in our Terms of Service (“Terms”).

2. INFORMATION WE COLLECT

2.1 Information needed to use the Factiiv Platform

We collect the Information when you use the Factiiv Platform or when you provide it to us through other means (such as when you contact us, register a Factiiv Account or connect a bank account to your Factiiv Account). Without the Information, we would be unable to provide you with all the Services provided by the Factiiv Platform. This information includes

  • Contact Information, Account, Profile Information such as your first name, last name, phone number, date of birth, home address, email address, and residency status, some of which will depend on the services you use.
  • Identifiers. Government-issued identifiers, such as an employee identification number (EIN) and other state-issued identification numbers, as well as other unique identifiers such as those associated with your device.
  • Identity Verification, Background Checks, and Payment Information such as images of your government issued ID (as permitted by applicable laws), your ID number or other verification information, any background checks relevant to your use of the Factiiv Platform, occupation, name of employer, previous addresses, social insurance number, bank account or payment account information, information regarding your debts, income and finances, recordings of your communications with us and your transaction history.
  • Credit Information such as information from any credit reporting agency, information about your financial products, financial and credit history, your credit report and your credit score.
  • Commercial information . Information regarding products or services you have purchased or considered purchasing, or other purchasing or spending histories or tendencies.
  • Payment information . Information required to process payments directly to Factiiv, such as your payment card information including its account number and associated security code.
  • Inferences drawn from data. Profiles or scores developed using your data which reflect your preferences, characteristics, or consumer spending profile.
  • Public records information. Information about you lawfully made available by federal, state, or local governments. This includes information about legal proceedings in court records, business ownership and affiliation information included in secretaries of state filings.
  • Internet or other similar network activity. Information regarding your browsing history, search history, and information about how you interact with our websites, applications, advertisements, or emails.
  • Device information. Information about the devices you use to access our websites, applications, or advertisements, such as browser, operating system type, device ID, and IP address. Your IP address may be used to identify the general geographic location of your device.
  • Other Information.Such as any other information that is necessary for our identified purposes set out below and that is collected hereunder or as permitted by law.

2.2 Information voluntarily provided to us

You may choose to provide us with additional information. This information may include:

  • Additional Profile Information such as gender or preferred language, or any other field that is not a required field during your Factiiv Account setup or for a subscription plan (please see Terms of Service for more information). Please note that none of this information will be publicly available.
  • Other Information such as when you fill in any forms, add information to your Factiiv Account, respond to surveys, participate in promotions, communicate with us, or share your experience with us. This may include financial information if required to approve your Plan or if you choose to share it with us.

2.3 Automatically Collected Information

When you use the Factiiv Platform and the Services, we automatically collect the Information that is sent to us by your web browser. We use this information to better understand how users use the Factiiv Platform, and to improve the Factiiv Platform to better meet your needs. The amount of information sent to us by your web browser depends on the browser and the settings you use. Please refer to the instructions provided by your browser if you want to learn more about what information it sends to websites you visit, or how you may change or restrict this. This information may include:

  • Geo-location Information such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings.
  • Usage Information such as the pages or content you view, searches you have performed, and other actions on the Factiiv Platform.
  • Log Data and Device Information such as details about how you’ve used the Factiiv Platform (including if you clicked on links to third party applications or vendors), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Factiiv Platform. We may collect this information even if you haven’t created a Factiiv Account or logged in.
  • Cookies and Similar Technologies such as text files with small pieces of data, such as your username and password, that are used to identify your computer as you access and use the Factiiv Platform. The Factiiv Platform uses “cookies” and other technologies to enhance your online experience, including personalizing the content that you see on the Factiiv Platform. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access certain features on the Factiiv Platform. We never place Information in any cookies.
  • Payment Transaction Information such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, banking email address, your home address, and other related transaction details. 

2.4 Information Collected from Third Parties

We collect Information from other sources, such as:

  • Your customers.Your customers provide us with data when you provide them with products and services.
  • Third-Party Services. If you link, connect, or login to the Factiiv Platform with a third-party service, you direct the service to send us information such as your registration and profile information as controlled by that service or as authorized by you.
  • Credit Reporting Agencies.When you register for a Factiiv Account, we may, with your prior consent, obtain a credit report and any related information from a credit reporting agency to process and fulfil our Services. This information may also be used to update your information on file, and you agree that we have your prior consent to share this information with our partners and other third parties in accordance with this Privacy Policy for any legitimate purpose associated with the provision of Services to you.
  • Background Information. To the extent permitted by applicable laws and with your consent where required, we may obtain the local version of police, background, or other checks. We may use your information, including your full name and date of birth, to obtain such reports.
  • Invited Clients. If you are invited to the Factiiv Platform by another Client, the Client that invited you can submit Information about you such as your name, email address or other contact information.
  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as references, demographic data or information to help detect fraud and safety issues from third-party service providers and/or partners and combine it with information we have about you. For example, we may receive background check results or fraud warnings from identity verification service providers for use in our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Factiiv Platform, or about your experiences and interactions from our partners.

3. HOW WE USE INFORMATION WE COLLECT

We use the Information to:

3.1 Provide, Improve, and Develop the Factiiv Platform

  • enable you to access the Factiiv Platform and make and receive payments,
  • supply you with requested services,
  • approve Factiiv Accounts,
  • enable you to communicate with us and our partners,
  • perform analytics, debug, and conduct research,
  • provide customer service and respond to your inquiries,
  • send you messages, updates, security alerts, and account notifications,
  • verify identity and other information submitted by you or any third parties, for fraud detection and prevention,
  • facilitate account, billing, credit, and collection,
  • personalize and customize your experience based on your interactions with the Factiiv Platform, your usage history, your profile information and preferences, and other content you submit, and
  • to carry out any other purposes that are disclosed to you and to which you consent.

3.2 Create and Maintain a Trusted and Safer Environment

  • detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity,
  • provide customer service,
  • conduct security investigations and risk assessments,
  • verify or authenticate information provided by you,
  • conduct checks against databases and other information sources, including background or police checks,
  • comply with our legal obligations, protect the health and well-being of our employees and Clients, and of the public,
  • resolve disputes,
  • enforce our agreements with third parties,
  • comply with law, respond to legal requests, prevent harm, and protect our rights (see section 4.2),
  • perform quality assurance checks,
  • enforce our Terms and other policies, and
  • conduct profiling based on your interactions with the Factiiv Platform, your profile information and other content you submit to Factiiv, and information obtained from third parties, in connection with the activities above.

3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing

  • send you promotional messages, marketing, advertising, and other information based on your preferences and social media advertising through social media platforms,
  • personalize, measure, and improve our advertising,
  • administer promotional programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Factiiv or its third-party partners,
  • analyze characteristics and preferences to send you promotional messages, marketing, advertising, and other information that we think might be of interest to you, and
  • invite you to events, and other relevant opportunities.

3.4 Provide the Services. Information is used to enable or authorize third parties to:

  • provide payment services,
  • detect and prevent money laundering, fraud, abuse, identity theft and security incidents,
  • conduct security investigations and risk assessments,
  • comply with legal obligations,
  • enforce the Terms and other payment policies,
  • with your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences and,
  • provide and improve our Services.

3.5 Commercial Purposes. We use and sell data to non-affiliated third parties for the following commercial purposes:

  • Commercial credit reporting.
  • Marketing services.
  • Fraud detection and identity management. 
  • Regulatory compliance
  • Debt recovery. 

4. SHARING, DISCLOSURE, AND RETENTION

4.1 Sharing with Third Parties.

We may share the Information with third parties, such as our third-party vendors or when authorizing a third-party application or website to access your Factiiv Account or participating in promotional activities by Factiiv partners or third parties.

Where permissible with applicable law, we may use certain information about you, such as your personal information, transaction data and credit data, de-identify it (where required by applicable law), and share it with social media platforms, to generate leads, drive traffic to Factiiv or otherwise promote our products and services, and third-party resellers, to deliver data and products or access personal data and Collective Content.

To help facilitate the provision of our Services, we may need to share certain information such as when a subscription plan has been approved and finalized or cancelled, certain information may be shared between our partners and third-party vendors, including name, home address, phone number, email address, banking information, credit history, and other information you choose to share and submit to Factiiv.

4.2 Complying with Law

We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against Factiiv, (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) to enforce and administer our agreements with Clients, or (v) to protect the rights, property or personal safety of Factiiv, its employees, its Clients, or Clients of the public. For example, if permitted due to the forgoing circumstances, Client tax information may be shared with tax authorities or other governmental agencies.

Where appropriate, we may notify Clients about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Factiiv, our Clients, or expose Factiiv to a claim of obstruction of justice.

For jurisdictions where Factiiv facilitates the collection and remittance of taxes where legally permissible according to applicable law, we may disclose Client’s information about transactions, services provided and taxes to the applicable tax authority, such as names, addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Client, and contact information.

Some or all the Information we collect may be stored or processed in jurisdictions outside Canada. As a result, this Information may be subject to access requests from courts, law enforcement, governmental or public authorities, tax authorities or authorized third parties in those jurisdictions according to laws in those jurisdictions.

4.3 Retention of Personal Information

We retain personal information that we collect only as long as necessary for the purposes for which it was collected or to meet legal requirements (see Section 6.3). We destroy personal information when it is no longer needed.

4.4 Our Service Providers

We may share Information with affiliated and unaffiliated service providers to help us run our business, including service providers that help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Factiiv Services through third-party platforms and software tools (e.g., through the integration with our APIs), (vi) provide customer service, advertising, or payment services, (vii) process, handle or assess insurance claims or similar claims, or (viii) otherwise help manage or deliver our Services. These providers have access to the Information to perform these tasks.

4.5 Business Transfers

If Factiiv undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer, or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (i.e., due diligence). In this event, we will notify you before your Information is transferred and becomes subject to a different privacy policy.

5. OTHER IMPORTANT INFORMATION

5.1 Analyzing your Communications

We may review, scan, or analyze your communications on the Factiiv Platform for reasons outlined in Article 3 of this policy, including fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, enforcing our Terms of Service, and customer support purposes. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools.

5.2 Third-Party Partners and Integrations

Parts of Factiiv may integrate with or link to third-party services, not owned or controlled by Factiiv, such as TransUnion. Use of these services is subject to the privacy policies of those providers. Factiiv does not own or control these third parties and when you interact with them you are providing the Information to them.

6. YOUR RIGHTS

You can exercise any of the rights described in this section consistent with applicable law. Please note that we may ask you to verify your identity and request before taking further action on your request.

6.1 Data Access and Corrections

You can access and update some of your Information through your Factiiv Account settings. You are responsible for keeping your Information up to date. You can request a correction to your Information if you believe it is inaccurate. If you submitted Information and would like to have access to it, or if you would like to have it corrected, please contact us using the contact information provided below.

6.2 Data Erasure

In certain jurisdictions, you can request that your personal information be deleted, or you may withdraw consent at any time. Please note that if you withdraw consent or request the erasure of your personal information:

  • We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a Factiiv Account for fraud or safety reasons, we may retain information from that Factiiv Account to prevent that Client from opening a new Factiiv Account in the future.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Factiiv may keep information for tax, legal reporting, and auditing obligations.
  • Information you have shared with others (such as reviews, comments, and forum postings) may continue to be publicly visible on Factiiv, even after your Factiiv Account is cancelled. Some copies of your personal information (such as log records) may remain in our database.
  • Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

7. SECURITY

While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration.

8. CHANGES TO THIS PRIVACY POLICY

Factiiv reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Factiiv Platform. Changes to this Privacy Policy shall be effective upon posting, and you understand and agree that if you use the Factiiv Platform after the date on which the Privacy Policy has changed, Factiiv will treat your access to or use of the Factiiv Platform as acceptance of the revised Privacy Policy. If you disagree with the revised Privacy Policy, you may cancel your Factiiv Account. If you do not cancel your Factiiv Account, your continued access to or use of the Factiiv Platform will constitute acceptance of and be subject to the revised Privacy Policy.

9. CONTACT INFORMATION AND RESPONSIBLE FACTIIV ENTITIES

If you have any questions regarding this Privacy Policy or Factiiv’s handling of your Information, please contact our Privacy Officer at legal@factiiv.io.