fortú

Fortú Privacy Policy

Fortú Privacy Policy

Effective April 29, 2021

Fortú, Inc. (“we,” “us” and/or “our”) is dedicated to protecting your personal information and informing you about how we use it. This privacy policy (the “Privacy Policy,” or the “Policy”) is intended to provide information to visitors to Fortú’s website and users of Fortú’s mobile app (“you” or “your”) about the personal information we collect, and how we source, use, disclose, and protect your information when you access or use (1) our websites located at https://www.fortu.com/, and all of our other websites to which this Privacy Policy is posted (collectively, the “Site”); (2) our mobile application(s) to which this Privacy Policy is posted (collectively, the “App”); and (3) any services, content, communications, and product features relating to the Site and Application (together with the Site and the App, the “Services”). This Privacy Policy covers the privacy practices of Fortú only and does not apply to the practices of third-party websites, services or applications, including third parties with which we partner. These third-party services are governed by each such third party’s privacy policy, which can be accessed in our 3rd Party Policies. Fortú is not responsible for the privacy policies and practices of websites other than that of Fortú, and Fortú is not responsible for the failure of unaffiliated third parties to honor their privacy obligations. This Privacy Policy is organized as follows:

Table of Contents

  1. HOW WE COLLECT AND USE PERSONAL INFORMATION
  2. DISCLOSURE OF PERSONAL INFORMATION
  3. UPDATING YOUR PERSONAL INFORMATION AND INFORMATION RETENTION
  4. SECURITY OF YOUR PERSONAL INFORMATION
  5. LINKS TO THIRD-PARTY WEBSITES AND APPLICATIONS
  6. DO-NOT-TRACK SETTINGS
  7. CHILDREN UNDER 13
  8. YOUR CALIFORNIA PRIVACY RIGHTS
  9. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
  10. CHANGES TO THIS POLICY
  11. QUESTIONS ABOUT THIS PRIVACY POLICY

HOW WE COLLECT AND USE PERSONAL INFORMATION

In the course of providing you with the Services, Fortú collects certain Personal Information detailed under “What Personal Information Does Fortú Collect and How Does It Use It,” below. First, here’s an overview of Personal Information generally:

What is Personal Information?

Generally, “Personal Information” refers to any piece or combination of information that identifies, relates to, describes, or can reasonably be linked or associated with you or your household.

Personal Information includes, but is not limited to:

Some information is NOT Personal Information:

What Personal Information Does Fortú Collect and How Does It Use It?

Fortú collects, uses, and discloses various types of Personal Information differently. Fortú has collected at least some information described in each category of Personal Information outlined below in the last twelve (12) months. For each category of information collected, we detail the categories of sources from which we get the information, our business purposes for collecting it, and the categories of third parties with whom we share that Personal Information.

A. Identifiers:

1. Traditional identifiers.

2. Digital identifiers.

As soon as you visit the Site or use the App, Fortú automatically collects certain digital identifiers, including device identifiers, internet protocol (“IP”) addresses, web beacons, and other session-tracking information as applicable, as follows:

3. Disclosure.

In order to accomplish the business purposes described above, Fortú may disclose your traditional and digital identifiers to the following categories of third-party service providers: our bank partners, payment processors, payment networks, card fulfillment vendors, mobile check deposit processing services, identity services, customer service vendors, communications platforms, risk investigation and mitigation tools, transaction dispute processing services, website and app usage trackers, data processors, modeling and analytics tools, and network infrastructure and data storage services. These third-party service providers are contractually obligated to secure and refrain from disclosing any Personal Information which we disclose or otherwise entrust to them.

B. Financial Information:

Financial information includes your Fortú and other bank account numbers, elements of debit card and credit card numbers (as described below), and transaction history. To the extent Fortú collects this information, it does so on behalf of either LendingClub Bank, National Association, Galileo Financial Technologies, Inc., TransferWise Inc. and such other third party service providers required to offer the Services (collectively, our “Bank Partners”). You may review the Privacy Notice(s) applicable to your account(s) at any time at https://www.fortu.com/policies/.

1. Fortú partner bank account numbers.

Fortú collects your account number from the bank partner who issued your Spending Account. If you enroll in a Fortú savings account, Fortú will also collect your Savings Account number from the issuing bank partner.

Fortú collects this information in order to deliver promotion (including referral, contests and sweepstakes) entries and rewards, and collect fees and other amounts owed in connection with the Services. Additionally, Fortú collects this information for the purposes applicable to financial information generally (see below).

2. External bank account information.

Your use of certain features of the Services requires Fortú to collect account numbers, balances, and other information about your bank accounts unrelated to your relationship with Fortú. Fortú may collect this information through a payment processor that facilitates a transfer to a Fortú partner bank account or through a third-party secure access tool such as Plaid.

Fortú collects this information in order to provide certain features of the Services, including surfacing your external bank account balance and facilitating transfers between your external and Fortú partner bank accounts. Additionally, Fortú collects this information for the purposes applicable to financial information generally (see below).

3. Debit and credit card numbers.

Fortú collects the first six and the last four digits of your debit and credit card numbers from its processor and/or the issuing bank for the Services in which you enroll.

It uses this information to help you activate your card by verifying your physical address. Additionally, Fortú collects this information for the purposes applicable to financial information generally (see below).

Fortú does not routinely collect, but may access, your full debit and credit card numbers. We access and use (but do not store) this information only through a payment network or transaction dispute processing service to process and resolve disputes you initiate.

4. History of Fortú partner bank account transactions.

Fortú collects your Fortú account transaction history from its processor and bank partner. It collects this information in order to provide you with the Services, in particular preparing your statement, resolving errors and unauthorized transfers, and verifying your identity in certain circumstances.

Fortú may use certain transaction information as applicable, most notably whether you electronically deposit a portion of your paycheck above a minimum threshold (“Direct Deposit Status”), to determine your eligibility for certain features or elements of the Services. If you are referred to Fortú by certain marketing partners, Fortú may use your Direct Deposit Status to determine whether the partner must be compensated for referring you. If the marketing partner’s offer involved an incentive or bonus from the partner contingent on your Direct Deposit Status, Fortú will disclose your Direct Deposit Status to the partner so you can receive the incentive. Fortú will not share this information with a marketing partner unless the information-sharing is required for you to receive an incentive according to the offer terms you accept. Fortú may offer rewards and other incentive programs in partnership with third-party service providers. If you utilize a Service, Fortú may share your transaction history and other commercial information with the supporting partner for purposes of providing you the reward or incentive. Additionally, Fortú collects this information for the purposes applicable to financial information generally (see below).

C. Employment Information:

Employment Information includes information about your occupation, salary, and job title that you may have provided at enrollment or information you may provide to Fortú in the course of setting up direct deposit or receiving your paycheck via direct deposit into your Fortú account.

1. Occupation information

If you choose to fill in the optional “occupation,” “source of income,” “approximate annual income,” and “how often do you get paid” fields at enrollment, Fortú may collect from you information regarding your occupation. If Fortú collects this information, we do so for the purposes applicable to employment information generally (see below).

2. Direct deposit information

If you enroll in Fortú direct deposit, Fortú will collect identifying information about your employer from you or a third-party service provider, including your employer’s name and address. Fortú may use this information to analyze trends in its user base. Fortú will not share information about your employer unless it is de-identified and aggregated. Additionally, Fortú collects this information for the purposes applicable to employment information generally (see below).

Fortú collects your employment information, as applicable in order to: analyze individual and aggregated usage data to improve and customize the Services; verify your identity; comply and support our bank partners’ compliance with applicable law, including AML and sanctions screening rules; prevent, detect, and investigate fraud, hacking, infringement, or other suspected or actual misconduct, crime, or violation of an agreement involving the Services; send you announcements, newsletters, promotional materials, and other information about the Services and third-party products and services that we think may be of interest to you; and log and store this information.

In order to accomplish the business purposes described above, Fortú may disclose your financial information to the following categories of third-party service providers: our Bank Partners, identity services, customer service vendors, communications platforms, risk investigation and mitigation tools, transaction dispute processing services, website and app usage trackers, data processors, modeling and analytics tools, and network infrastructure and data storage services. These third-party service providers are contractually obligated to secure and refrain from disclosing any Personal Information which we disclose or otherwise entrust to them.

D. Protected Class Information:

Fortú does not generally collect information relating to your status as a member of a protected class under federal or California law. However, Fortú does collect and disclose your date of birth for the purposes applicable to traditional identifiers, described above. Your date of birth necessarily indicates whether you are a member of the protected class of persons age 40 or older, but Fortú does not use or share the fact that you belong to this group for any purpose.

E. Commercial Information:

Commercial information consists of information about your interest in a particular product or service, your purchasing or consuming tendencies, and/or receipts or records for products or services.

Fortú collects this information from you whenever:

Fortú may also collect information from a Fortú marketplace offer partner indicating whether you purchased or enrolled in the partner’s product or service. The partner will share this information with Fortú so that Fortú can compensate the partner for referring you.

Fortú collects your commercial information in order to provide the Services and send you related communications; analyze individual and aggregated usage data to improve and customize the Services; verify your identity; comply and support our bank partners’ compliance with applicable law, including AML and sanctions screening rules; prevent, detect, and investigate fraud, hacking, infringement, or other suspected or actual misconduct, crime, or violation of an agreement involving the Services; send you announcements, newsletters, promotional materials, and other information about the Services and third-party products and services that we think may be of interest to you; process and deliver promotion (including referrals, contests, and sweepstakes) entries and rewards; collect fees and other amounts owed in connection with the Services; comply with obligations to tax authorities; diagnose and debug our technical systems; and log and store this information.

In order to accomplish the business purposes described above, Fortú may disclose your commercial information to the following categories of third-party service providers: our Bank Partners, payment processors, payment networks, card fulfillment vendors, mobile check deposit processing services, customer service vendors, communications platforms, risk investigation and mitigation tools, transaction dispute processing services, website and app usage trackers, data processors, modeling and analytics tools, and network infrastructure and data storage services. These third-party service providers are contractually obligated to secure and refrain from disclosing any Personal Information which we disclose or otherwise entrust to them.

F. Biometric Information:

Except as described below, Fortú does not collect your physiological, biological, or behavioral characteristics that could be used to identify you (“Biometrics”).

1. Voice Recordings

If you call Fortú’s member services over the phone, Fortú will collect from its customer service and communications platform vendors a record of the call, including your voice recording. Fortú (or its partners) collects this recording for customer service training and quality assurance, but Fortú (or its third party service providers) may also use your voice recordings to verify your identity and prevent, detect, and investigate fraud, hacking, infringement, or other suspected or actual misconduct, crime, or violation of an agreement involving the Services.

2. Facial Recognition Technology

If you sign up for Fortú or use certain features available in-app, you may be asked to provide an image of yourself to verify your identity. Fortú and any service providers will collect an image of your face and any other body parts in the frame in order to verify your identity and provide services, to comply and support our bank partners’ compliance with applicable law, and to prevent, detect, and investigate fraud, hacking, infringement, or other suspected or actual misconduct, crime, or violation of an agreement involving the Services.

In order to accomplish the business purposes described above, Fortú may disclose your biometric information to third party service providers such as identity verification services, data processors, modeling and analytics tools, and network infrastructure and data storage services for the limited purposes described with respect to each subcategory of biometric information described above.

G. App and Website Usage Information:

Fortú collects information about your interactions with the App and Site through the digital identifiers described above. When you perform an interaction such as visiting a particular webpage or App screen, Fortú uses third party usage trackers (such as Firebase) to collect the particular digital identifiers associated with that interaction or series of interactions. If you choose to share your location with Fortú, we may also collect Geolocation Data associated with certain interactions (see Section H, below).

Additionally, Fortú collects the following information regarding your use of the App and Site:

1. Referral information

At enrollment, Fortú collects information about how you came to Fortú. First Fortú automatically collects this information provided by marketers (e.g. Facebook and Google), publishers and other websites on which Fortú advertises, including the Apple App and Google Play stores. Fortú may also collect information about how you were referred to Fortú based on the landing page you enrolled on, or from the link you followed to the Apple App or Google Play store. Last, Fortú may collect information from you directly during enrollment, if you answer the optional question regarding how you came to Fortú.

2. Information you offer through contacts integration

If you choose to share your contacts with Fortú, Fortú may collect a list of your contacts from your phone’s operating system. Fortú will only use this information to facilitate your sharing of Fortú referral codes, to prevent fraud, and to comply and support our bank partners’ compliance with applicable law, including AML and sanctions screening rules.

3. Information you offer through customer service interactions

Whenever you interact with Fortú via the in-app chat, email, phone, or website, Fortú collects your communications. Fortú collects this information for customer service training and quality assurance, but may also use the information to investigate fraud or unusual activity relating to your account.

4. Information you provide about your experience with Fortú

If you give Fortú any information about your use of the Services; participate in user research by responding to a questionnaire, survey; or offer other feedback, including opinions about Fortú, Fortú may collect that information.

Fortú collects your App and Site usage information in order to provide the Services and send you related communications; analyze individual and aggregated usage data to improve and customize the Services; verify your identity; comply and support our Bank Partners’ compliance with applicable law, including AML and sanctions screening rules; prevent, detect, and investigate fraud, hacking, infringement, or other suspected or actual misconduct, crime, or violation of an agreement involving the Services; send you announcements, newsletters, promotional materials, and other information about the Services and third-party products and services that we think may be of interest to you; diagnose and debug our technical systems; and log and store this information.

In order to accomplish the business purposes described above, Fortú may disclose your App and Site usage information to the following categories of third-party service providers: our Bank Partners, customer service vendors, communications platforms, risk investigation and mitigation tools, transaction dispute processing services, website and app usage trackers, data processors, modeling and analytics tools, and network infrastructure and data storage services. These third-party service providers are contractually obligated to secure and refrain from disclosing any Personal Information which we disclose or otherwise entrust to them.

H. Geolocation data:

Fortú may collect information from your mobile Device about your location while you are accessing or using the App and while you are not accessing or using the App. We may use this information to provide targeted offers to you and notify you of nearby third-party locations where you may use the Services. You may opt out of the collection of location data at any time by changing your settings on your mobile Device. However, if you do so, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all.

Fortú collects your geolocation data in order to provide the Services and send you related communications; analyze individual and aggregated usage data to improve and customize the Services; verify your identity; comply and support our Bank Partners’ compliance with applicable law, including AML and sanctions screening rules; prevent, detect, and investigate fraud, hacking, infringement, or other suspected or actual misconduct, crime, or violation of an agreement involving the Services; send you announcements, newsletters, promotional materials, and other information about the Services and third-party products and services that we think may be of interest to you; diagnose and debug our technical systems; and log and store this information.

In order to accomplish the business purposes described above, Fortú may disclose your geolocation data to the following categories of third-party service providers: our Bank Partners, customer service vendors, communications platforms, risk investigation and mitigation tools, transaction dispute processing services, website and app usage trackers, data processors, modeling and analytics tools, and network infrastructure and data storage services. These third-party service providers are contractually obligated to secure and refrain from disclosing any Personal Information which we disclose or otherwise entrust to them.

How To Opt-Out of Certain Uses

A. Email Communications.

We may use your Personal Information to provide you with marketing or other promotional communications via mail or email. If, at any time, you would like to stop receiving these promotional emails, you may follow the opt-out instructions contained in any such e-mail or by contacting us as set out at the bottom of this Policy. Please note that by opting out, you may prohibit Fortú from informing you of offerings that may be of interest to you. It may take up to ten (10) business days for us to process opt-out requests. You will continue to receive non-promotional emails about your relationship with us.

DISCLOSURE OF PERSONAL INFORMATION

A. Fortú Never Sells Your Personal Information

Fortú does not and will not sell anyone’s Personal Information to third parties.

B. Minors’ Personal Information

Fortú does not sell or disclose the Personal Information of minors under 16 years of age regardless of any affirmative authorization by that minor or their parent or guardian.

C. Disclosure of Your Personal Information

In general, Fortú discloses each category of Personal Information for the same purpose it is collected. The information provided for each category described in Section 1, “Information We Collect,” therefore describes in detail the categories of Personal Information Fortú discloses, for what business purpose, and to whom.

In addition, Fortú may disclose certain categories of your Personal Information in the circumstances described below:

  1. Referrals. If you are referred by an existing Fortú member, your Direct Deposit Status may be shared with the referring member when that member receives a referral bonus (to be determined from time to time by Fortú for referring you.
  2. Legal disclosures. Fortú may transfer and disclose information as applicable, including your Personal Information, information about how the Services are accessed and used, to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our User Agreement or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety or security of third parties, users of the Services, or the public.
  3. Business transfers. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, Personal Information collected through the Services may be disclosed to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
  4. With your permission. At your direction or request, we may share your Personal Information with specified third parties.

UPDATING YOUR PERSONAL INFORMATION AND INFORMATION RETENTION

If you wish to modify, verify, correct, or update any of your Personal Information collected through the Services, you may do so by logging into your Account and updating your Account profile or by emailing us at support@fortu.com. Please note that Fortú may continue to use your de-identified data after you delete any of your Personal Information.

In accordance with our routine record keeping and upon a California consumer’s request, we may delete certain records that contain Personal Information you have submitted through the Services. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data remaining due to archiving, enforcing security protocols, and maintaining network integrity.

There may be certain instances in which we will retain your Personal Information. Those instances may include but not are limited to providing you services, complying with our legal obligations, resolving disputes, preventing fraud or as otherwise permitted under law. Fortú may not use the information it retains for record-keeping purposes for any other business purpose.

SECURITY OF YOUR PERSONAL INFORMATION

Fortú has, and requires our Third-Party Service Providers to have, administrative, technical, and physical safeguards in place in our respective physical facilities and in our respective computer systems, databases, and communications networks that are reasonably designed to protect the information contained within such systems from loss, misuse, and alteration. We employ commercially reasonable website security and customer verification procedures to protect your data. The measures we use may include storing Personal Information on secured servers, transmitting Personal Information using encryption technologies, and auditing and reviewing our data collection and storage practices.

User passwords and other sensitive information are saved and encrypted to prevent unauthorized access or disclosure and accidental loss, alteration, or destruction. We regularly review our operational and business practices for compliance with corporate policies and procedures governing the security, confidentiality, and quality of our information. We require all of our employees, contractors, and other third parties to protect confidential information as a condition of doing business with, and our business practices limit the use and disclosure of such information, including personal information, to authorized persons, processes, and transactions.

No method of electronic transmission or storage is 100% secure, and, therefore, we cannot guarantee absolute security of your Personal Information. You also play a role in protecting your Personal Information. Please safeguard your username and password for your Account and do not share them with others. If we receive instructions using your Account log-in information, we will consider that you have authorized the instructions. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security related to the Services. We reserve the right, in our sole discretion, to refuse to provide the Services, terminate your Account, and to remove or edit content.

When you access or use the Services, you may be directed to other websites or applications that are beyond our control. We may also allow third-party websites or applications to link to the Services or use Session Trackers with the Services. For more information about how and why we share information including Session Trackers with third parties, please refer to Section I.A, above. We are not responsible for the privacy practices of any third parties or the content of linked websites and applications. We encourage you to read the applicable privacy policies and terms and conditions of such parties, websites, and applications. This Privacy Policy only applies to the Services.

DO-NOT-TRACK SETTINGS

Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third parties. We do not use technology that recognizes DNT signals from your web browser and do not respond to such signals.

CHILDREN UNDER 16

The Site is not directed to children under 16 years of age and we do not knowingly collect, use, or disclose Personal Information from children under 16. If we become aware that a child under 16 has provided us with Personal Information, we will make reasonable efforts to delete such information from our files.

YOUR CALIFORNIA PRIVACY RIGHTS

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) permits consumers who are California residents to:

1. ask a covered business which categories and pieces of personal information it collects and how the information is used;

2. request deletion of the information;

3. opt out of the sale of such information, if applicable.

These provisions of the CCPA do not apply to personal information collected, processed, shared, or disclosed by financial institutions pursuant to federal law.

To contact us with questions about our compliance with the CCPA, email support@fortu.com

The Services are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. If you use the Services, or otherwise provide us with data, from outside the United States, you acknowledge and agree that your Personal Information may be transmitted outside your resident jurisdiction. In particular, please note that your Personal Information may be stored and processed in the United States. The laws pertaining to the collection, use, disclosure and protection of Personal Information in the United States may be more or less stringent than the laws of other countries. By using the Services, you (a) acknowledge that the Services is subject to the laws of the United States; (b) consent to your Personal Information being stored and processed in the United States and handled as described in this Policy; and (c) waive any claims that may arise under the laws of the country where you reside, are a citizen, and/or from where you access the Services.

CHANGES TO THIS POLICY

This Policy is the sole authorized statement of Fortú’s practices with respect to the collection of Personal Information and the subsequent use and disclosure of such information. Fortú may revise this Policy from time to time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy Policy on the Services. You should bookmark and periodically review this page to ensure that you are familiar with the most current version of this Policy. You can determine when this Policy was last revised by checking the “Last Updated” legend at the top of the Policy.

QUESTIONS ABOUT THIS PRIVACY POLICY

If you have any questions or concerns about this Policy, please contact us at:

Fortú, Inc.

936 SW 1st Avenue, #1012

Miami, FL 33130

Email: support@fortu.com