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Privacy Policy

PRIVACY POLICY

Last Updated: June 1, 2021

Earnnest, LLC, a South Carolina limited liability company (Earnnest; we, or us), facilitates app and web-based payment services (Services) for any person or entity (User or you) who registers an account with us (Earnnest Account); accesses our website (Site), or uses a Service.

1. PURPOSE OF THIS PRIVACY POLICY.

This Privacy Policy governs our collection and possible use of (a) any information that uniquely identifies or is exclusively related to you (Personal Information); (b) your Personal Information required to create your Earnnest Account or access the Site or Services (User Information); and (c) any other information, communications, and data you submit to Earnnest or post to the Site that does not constitute Personal Information or User Information (Submissions). Personal Information, User Information, and Submissions will be collectively referred to as Data. Please contact us with questions at [email protected]

1.1.  Terms of Use. This Privacy Policy incorporates Earnnest’s most current Terms of Use (Terms) on our Site. Capitalized Terms not defined in tis Privacy Policy have the meaning defined in the Terms. This Privacy Policy supersedes any conflicting provisions in the Terms.

1.2.  Links to Other Online Services. Earnnest’s Services may provide the ability for you to connect to other online services that may (a) operate independently from us; and/or (b) have their own privacy notices or policies. We are not responsible for the privacy protocols of any online service that is not owned or controlled by us and does not warrant to be covered by our Privacy Policy. Please refer to the privacy policy associated with that online service.

1.3.  Updates To Privacy Policy; Notification.

(a)  Updates. Earnnest may change this Privacy Policy from time to time to reflect changes to our Services, protocols, or Applicable Law. The “Last Updated” legend indicates when this Privacy Policy last revised. Any changes are effective when we post the revised Privacy Policy on our Site.

(b)  Notification of Updates. Earnnest will use commercially reasonable efforts to notify you of any changes; however, your adherence to the revised Privacy Policy is not contingent on notice. We recommend you periodically review the posted Privacy Policy. Your continued use of the Site and Services will constitute your continued agreement to the current Privacy Policy. Notwithstanding the foregoing, we will comply with Applicable Law that requires us to provide notice and/or obtain your consent in a specified manner prior to making changes to this Privacy Policy.

2. LEGAL BASES FOR EARNNEST TO COLLECT YOUR DATA.

We rely on several legal bases to enable our collection, processing and use of your Data. Your providing Data to Earnnest constitutes express consent; using the Site and Services constitutes implied consent. Your Data is necessary for us to perform our Services for you, including payment-processing Services. We will also use your Data to comply with our regulatory obligations pursuant to Applicable Law.

3. WHY EARNNEST COLLECTS YOUR DATA.

Data collection allows us to accomplish the following objectives:

3.1.  Run our Site and Services.

3.2.  Manage and improve our business. For example, we conduct user research to improve our Service performance and abilities. We also monitor and analyze our Site to ensure it works as expected.

3.3.  Protect our business and our Users from risk and fraud, including fraud that affects our business partners, strategic ventures, and vendors.

3.4.  Provide marketing information about our Services and products. We may use your Data to better understand and cater to your interests.

3.5.  Improve and personalize your experience with our Site and Services, as well as third-party sites and services. We might use tracking technologies like cookies.

3.6.  Send you locally relevant options if you agree to location tracking. Location tracking helps us (a) enhance the security of our Site and Services; (b) customize our services by using the right language and personalizing content (e.g., ads; search results).

3.7.  Help you find and connect with others. For example, if you let us access your contacts, we can suggest connections with people you may know.

3.8.  Contact you when you need us, such as answering a question you sent to our customer service team.

3.9. Comply with laws and enforce our agreements with our Users.

4. WHEN AND WHAT DATA EARNNEST COLLECTS.

4.1. When We Collect Data. We collect your Data when you register for an Earnnest Account, access our Site, and use our Services. We may collect your Data even if you use our Services without creating an Earnnest Account (e.g.; payment information, device information, and location). We may collect that Data if you access our Site but do not create an Earnnest Account.

You can change your Personal and User Information via the Settings tab on our Site. Contact us at [email protected] to review, verify, change, correct, or remove your Personal Information, User Information, and other Data in Earnnest’s systems.

4.2. What Data We Collect. Following are the kinds of Data that we may collect from you:

(a)  Personal Information that identifies you.

(i)  First and last name.

(ii)  Address.

(iii)  Phone number.

(iv)  Email.

(v)  IP address.

(b)  Records and financial information.

(i)  Social Security Number.

(ii)  Government-issued identification.

(iii)  Bank account and routing numbers.

(iv)  Credit and debit card information.

(c)  Personal characteristics.

(i)  Age.

(ii)  National origin.

(iii)  Disability.

(iv)  Citizenship.

(v)  Military status.

(d)  Commercial information.

(i)  Online shopping cart information.

(ii)  Purchase history.

(e)  Internet or network activity.

(i)  Interactions with our Site and Services.

(ii)  Shopping history.

(f)  Geolocation data.

(i)  Global Positioning System (GPS) information when you give permission through your device settings.

(ii)  IP-based geolocation.

(g)  Audio, electronic, visual, biometric, or similar information.

(i)  Call recordings from customer-service contacts.

(ii)  Voice identification, when you consent to this biometric method of authentication.

(iii)  Photo IDs and profile pictures you provide.

(h)  Professional or employment information.

(i)  Business information, contact emails, and phone numbers.

(ii)  Tax IDs.

(i)  Information we infer based on your personal data.

(i)  Fraud and risk assessments.

(ii)  Personalization preferences.

(j)  Browser and device data.

(i)  Device type.

(ii)  Operating system and Internet browser type.

(iii)  Screen resolution.

(iv)  Plug-ins and add-ons.

(v)  Language version of websites you visited.

(k) Usage data.

(i)  Time spent on the Site.

(ii)  Pages visited and links clicked.

(iii)  Pages that led or referred you to our Site.

5. TECHNOLOGY EARNNEST USES TO COLLECT AND PROCESS YOUR DATA.

5.1. Technologies Earnnest Uses. In addition to Personal Information and Data you voluntarily provide at our request and prompts, Earnnest uses technologies to gather Data relating to you and your use of our Site and Services. Technologies we use include cookies (information a web server may place on your computer when you visit a website); analytics programs; diagnostic tools; and third-party services to gather information on usage of our Site, Services, and for marketing purposes. Due to constantly changing technology, we may discontinue technology, implement new technology, and add functionality to our Data gathering tools.

5.2. User’s Ability to Control Data Gathering. You can control our use of Data gathering tools in the following ways.

(a) Use your devices’ Settings to delete and block gathering technology, erase your browser history; and activate Do Not Track functions.

(b) Unsubscribe or opt out of our marketing and promotional communications.

(c) Terminate your Earnnest Account and discontinue use of our Site and Services.

6. DATA DISCLOSURE.

6.1.  When and with Whom Earnnest May Share Data. Earnnest does not sell your Data. However, we may share Data across our Services and with third parties to help us provide Services, protect our Users from risk and fraud, market our products, and comply with legal obligations. We may share Data with:

(a)  Earnnest’s Affiliates.

(b)  Service providers that help us operate the Site, provide the Services, and conduct marketing, research, compliance, audits, corporate governance, communications, and security.

(c)  Payment processors.

(d)  Financial institutions.

(e)  Courts, governments, regulators, and law enforcement when accompanied by a subpoena or other legal documentation that requires Earnnest and our Affiliates to respond.

(f)  Parties involved in a Service-initiated transaction, such as other users, merchants, and their service providers.

(g)  Third parties that you asked us to connect with, such as other financial or social media apps. If you want us to stop sharing information with a third party, you must disconnect your account from that third party.

(h)  Third-party tools used to help fight spam and abuse.

(i)  Other third parties to accomplish the following:

(i)  Comply with Applicable Law.

(ii)  Investigate or enforce violations of our Terms.

(iii)  Facilitate a merger, purchase, or sale of part or all of our business.

(iv)  Comply with industry association rules.

(v)  Prevent physical harm or illegal activity.

6.2.  International Data Transfers. Accessing the Site or using a Service constitutes your consent for Earnnest to transfer your information across jurisdictions and international borders to our facilities and to third parties as described in this Privacy Policy.

Your Data may be stored and processed in any country where we or our service providers do business. We may transfer your Data to countries other than your own country; these countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with Applicable Laws relating to data transfers, including the EU’s General Data Protection Regulation. Law enforcement and security authorities in those other countries may be entitled to access your Data. Earnnest is not certified under the E.U.-U.S. Privacy Shield and the Swiss- U.S. Privacy Shield; we do not rely on those frameworks for the transfer of personal data to the U.S.

7. YOUR RIGHTS REGARDING YOUR DATA.

7.1. User Data-Protection Rights. Depending on your location and subject to Applicable Law, you may have the following rights with regard to your Data in our possession:

(a)  Request confirmation whether Earnnest processes Data relating to you. If so, you may request a copy of that Data.

(b)  Request Earnnest to rectify or update any inaccurate, incomplete or outdated Data.

(c)  Request Earnnest to erase your Data under circumstances allowed by Applicable Law.

(d)  Request Earnnest to export your Data to a third party where technically feasible.

(e)  Request Earnnest restrict use of your Data in certain circumstances.

(f) Withdraw your previous consent for Earnnest to process your Data from the time of your withdrawal.

(g) Object to Earnnest processing your Data before we act on an instruction or command that our User verification protocols indicate you properly authorized.

7.2.  Exercising Data-Protection Rights. Contact us at [email protected] to exercise your data-protection rights. Earnnest will comply with your request to the extent feasible and as required by Applicable Law. For your protection, we may need to verify your identity before responding to your request using your User and Personal Information in our systems. We cannot act on a request regarding Data we no longer possess, and we may not be able to act on Data that has been transmitted to a third party.

Earnnest may direct you to a third party (including an Earnnest service provider or partner) if that party can more effectively address your data-protection rights.

7.3.  Service Impact. The exercise of your rights is time dependent. For instance, you may withdraw consent for Earnnest to execute a valid instruction or command before we act on it. However, we may not be able to honor your withdrawal request once we have acted on your prior instruction.

Earnnest reserves the right to terminate your Earnnest Account or deny a Service if the exercise of your rights (a) impairs our ability to properly perform the Services; (b) jeopardizes the financial, business, or other economic feasibility Earnnest derives through the Services; or (c) otherwise compromises our operations or processes.

7.4.  Users’ Opt-Out Option. You may opt out of receiving marketing and promotional Electronic Communications from Earnnest by selecting “Unsubscribe” on any Electronic Communication. You may also opt out of having your Personal Information used for marketing and promotional purposes by contacting us to be removed from our promotional lists. You will need to identify any contact information you want removed from our promotional contacts list, including physical addresses, phone numbers, and email addresses (If you use more than one email address, send your opt-out email from each of your email addresses).

Exercising your “opt out” option will apply only to promotional ad marketing material. It will not preclude us from contacting you regarding your access to our Site, use of our Services, or other business relationships between us. Also, we may continue to use de-identified Data for the purposes of maintaining and improving our Service.

7.5.  Do Not Track (DNT) Browser Signals. DNT is an optional browser setting that lets you choose your tracking preferences regarding advertisers and third parties. Currently, neither the Site nor the Services recognizes or takes any automated action in response to browser “do not track” signals.

7.6.  Complaints. Contact us with questions or concerns regarding Earnnest’s use of your Data or protection of your rights. We will work with you to resolve your concerns. If you feel you have not received a satisfactory response, you may have the right under Applicable Law to notify and consult the data protection authority in your country.

8. EARNNEST’S SECURITY AND RETENTION PROTOCOLS.

8.1.  Security Protocols. Earnnest (a) protects our Site and databases with various physical, technical and procedural measures; (b) restricts access to your Data to our employees, our Affiliates and their employees, our authorized and trusted third-party service providers, and others who need the Data to provide the Services to you or to conduct our normal business operations; (c) maintains technical, organizational and administrative protocols to protect your Data against unauthorized access, alteration, destruction, loss or misuse; and (d) trains all Earnnest employees on their responsibility to protect your Data, as well as provides them with appropriate guidelines for adhering to Earnnest’s business ethics standards and confidentiality policies. However, no website, data transmission or storage system is absolutely secure – especially when connected to third-party systems over which Earnnest has no control. Accordingly, we cannot guarantee that our security protocols will always be sufficient or effective to fully safeguard your Data.

8.2.  Compromised Data. You are responsible to notify us immediately at [email protected] if you believe (a) your Data has been lost, stolen, or compromised; (b) an unauthorized party is using the Site or Service with your User Information; or (c) an unauthorized transaction has occurred.

8.3.  Data Retention. We retain your Data as long as we are providing Services to you or our Users (as applicable). We retain your Data after you terminate your Earnnest Account or stop using a Service to (a) comply with Applicable Law; (b) assist with our fraud monitoring, detection and prevention activities; (c) comply with our tax, accounting and financial reporting obligations; (d) when required to retain the Data by our contractual commitments with our service providers and financial partners; and (e) where data retention is mandated by the payment methods you selected. We retain your Data within the limitation periods set forth by Applicable Law. We destroy Data according to Applicable Law, industry standards, and in a manner to prevent unauthorized disclosure and use.

9. USE OF SITE AND SERVICES BY MINORS.

Earnnest’s Site and Services are intended for use only by persons 18 years old or older. Our Terms expressly prohibit access or use of the Site or Services by any person under 18 years. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any Data from children under the age of 18. We do not sell Data submitted by Users, including children under 18 years.

10. CALIFORNIA RESIDENTS’ PRIVACY RIGHTS.

Users residing in California may have additional data-protection rights under the California Consumer Privacy Act (CCPA).

10.1. Earnnest’s Disclosure Obligations under the CCPA. The CCPA requires us to disclose to you: (a) How we respond to your Web browser DNT signals or other mechanisms that provide you the ability to exercise choice regarding the collection of Personal Information regarding your online activities; and (b) whether third parties may collect Personal Information regarding your online activities when you use a Service. We may use (a) third-party network advertisers and ad exchanges to send advertisements across the Internet; and (b) third-party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third-party sites and viewing of ads and of our content. These third parties may let you choose if you want your information collected for such purposes. See also the sections in this Privacy Policy identifying when and what Data we collect; how we collect and use your collected Data; and how we share your Data.

10.2. California Users’ CCPA Rights. Subject to certain limitations under the CCPA, California Users have choices regarding our use and disclosure of your Personal Information:

(a) The Right to Know. You may request the following information about the Personal Information we have collected about you:

(i)  The categories and specific pieces of your Personal Information we have collected.

(ii)  The categories of sources from which we collected your Personal Information.

(iii)  The business, commercial, and direct marketing purpose for which we collected your Personal Information.

(iv)  The categories of third parties with whom we shared your Personal Information, as well as the business, commercial, and direct marketing purpose for which we shared it.

(b)  Right to Delete. You may request we delete your Personal Information subject to certain limitations under Applicable Law.

(c)  Right to Opt Out from a Sale. You may request to opt out of any sale of your Personal Information

10.3.Non-Discrimination. The CCPA prohibits us from discriminating against California Users for exercising their CCPA rights.

11. CONTACT US.

We appreciate your questions and comments about our Site or Service and welcome your inquiries. We will share your messages with those within our organization that are most capable of addressing the issues contained in your message.

If you have questions about this Privacy Policy, please contact us as described on the Site under “Contact Us” or at the email address or phone number provided below. We will attempt to respond to your questions or concerns promptly when received.

Email: [email protected]
Phone: -888-870-2336
Mailing Address: 745 Wade Hampton Boulevard, Greenville, SC 29609

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