Agreement to Policy

We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) on the “Empowch” mobile application (herein after referred to as “Empowch App”), Empowch.com website, Bankey.io website (herein after referred to as “Websites”), and any of their related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.

This Policy is a legally binding agreement between you, whether personally or on behalf of an entity (“user”, “you” or “your”) and Bankey, LLC (“Bankey, LLC”, “we”, “us”, or “our”), located at 1100 15th Street NW. Washington, D.C. 20005 United States, who owns and operates the Services. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. 

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or operate, or to individuals that we do not employ or manage.

Collection of Information

A. Collection of Personal Information

You can access the Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Services which may include, requesting information about the Services, participating in activities on the Websites (e.g., joining mailing list), creating an account on the Empowch App, or otherwise interacting with us, you will be asked to provide specific Personal Information. The Personal Information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

Personal Information we collect VOLUNTARILY may include:
• Account details (such as user mobile phone number, passcode, etc.)
• Contact information (such as email address, mobile phone number, mailing address, etc.)
• Personal information (such as full legal name, date of birth, gender, country and address of residency, etc.)
• Proof of identity (such as a photocopy of a government ID, taxpayer identification number or social security number, authentication data, selfie photo, etc.)
• Financial information (such as credit card details, bank details, billing information, etc.)
• Any other materials you submit to us (such as articles, images, photographs, feedback, etc.)

B. Privacy of Children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Services, please contact us to request that we delete that child’s Personal Information from our Services.

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

C. Third Party Collection of Financial Information

Bankey, LLC partners with the crypto to fiat exchange, Wyre Payments, Inc., its affiliates and partners (herein after referred to as “Wyre”), a regulated Money Service Business (MSB), to offer you the the Services which includes but is not limited to identification verification, digital wallet, bank deposits and withdraws, money in via card, money out via MoneyGram Access, etc. When you create an account on Empowch APP, add money via debit/credit card or Apple Pay/Google Pay, link a bank account, initiate an electronic funds transfer, or make a withdraw via MoneyGram or any other available service, you are authorizing us to share your personal information with Wyre to support your Empowch App account. You are also agreeing to the terms of Wyre’s privacy policy.

https://www.sendwyre.com/legal/privacy-policy

It is your responsibility to make sure the data you provide us is accurate and complete, which is necessary for our partners to support your Empowch App account. 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 EMPOWCH APP ACCOUNT, INCLUDING BUT NOT LIMITED TO USE OF YOUR PERSONAL INFORMATION.

D. Collection of Additional Information

We may collect additional information that is done so automatically when you access and use the Services. This information does not reveal your specific identity (like your name or contact information) and is primarily needed to maintain the security and operation of our Services, for our internal analytics, and reporting purposes.

Additional information we collect AUTOMATICALLY may include:
• Internet Protocol address (or proxy server)
• Browser information (such as type, settings, activities, etc.)
• Operating system information (such as version, system configuration, etc.)
• Device information (such as type, name and ID numbers, characteristics, events, Internet service provider, mobile carrier provider, etc.)
• Information about how and when you use our Services
• Location (such as country, etc.)
• Language preferences
• Referring URL’s
• Any other technical information

Cookies and Other Tracking Technologies:
Our Services use “cookies” and other tracking technologies (such as web beacons) to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for security and personalization, and for statistical purposes. Please note that you have the ability to accept or decline cookies. Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer.

Geolocation:
We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). In the Empowch App, we may request access or permission to track location-based information from your mobile device, either continuously or while you are using our Empowch App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

We use Google Maps APIs. By utilizing these services, you acknowledge and agree to Google’s Terms of Service, https://developers.google.com/maps/terms-20180207.

Mobile Device Access and Notifications:
We may request access or permission to certain features from your mobile device, including your mobile device’s camera, contacts, social media accounts, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

We may request to send you push notifications regarding your account or certain features of the Empowch App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.This information is primarily needed to maintain the security and operation of our Empowch App, for troubleshooting and for our internal analytics and reporting purposes.

Do Not Track Symbols:
Some browsers and some operating systems and some mobile applications incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information.

Use and Processing of Information

We act as a data controller and a data processor in terms of the GDPR when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information and we comply with data controllers’ obligations set forth in the GDPR.

We act in the capacity of a data processor in situations when you submit Personal Information through the Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller in terms of the GDPR.

In order to make the Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following legitimate business purposes:
• Create and manage user accounts
• Deliver products, services, and notices (such as new services/features, policy changes, etc.)
• Respond to inquiries and offer support
• Request user feedback
• Post testimonials (we will obtain prior consent before posting)
• Enable user-to-user communications
• Improve user experience
• Enforce terms and conditions and policies
• Protect from abuse and malicious users (such as fraud monitoring, etc.)
• Compliance with legal obligations (such as regulatory requirements, responding to legal
requests, etc.)
• Send marketing and promotional materials (you can opt-out of marketing emails at anytime)
• Run and operate the Services

Processing your Personal Information depends on how you interact with the Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Managing Information

If you would like to review, update, or delete Personal Information we have about you, contact us using our contact information at the conclusion of this Policy. When you update or delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for other the purposes described in this Policy. Please note that if you request to delete certain information, we may not be able to provide you with the Services. 

For any reason and at anytime, if you would like to terminate your account with us, contact us by using our contact information at the conclusion of this Policy. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service and/or comply with applicable legal requirements.

Disclosure of Information

To maintain the highest level of privacy and to protect your Personal Information to the full extent, we do not share your Personal Information with any third parties, unless we have a contractual agreement with the third party and they are either our affiliate, partner, or are authorized to provide services for us such as money transfer, financial account services, identification verification, fraud prevention, advertising, mailing services, tax and accounting services, contest fulfillment, web hosting, analytics services, etc. When we are required to share your Personal Information, we will only share when and what is required.

However, we may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process or regulation, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and your Personal Information will likely be among the assets transferred.

We may also disclose your Personal Information for any other purpose disclosed to you with your consent.

Retention of Information

We will retain and use your Personal Information for the period necessary to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law up to a maximum of 60 months past the termination of the user’s Empowch App account.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Data Protection Rights Under The GDPR

If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.

(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.

(iv) You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.

(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.

(vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.

(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such
transmission does not adversely affect the rights and freedoms of others.

(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

California Privacy Rights

Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.

In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.

Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.

How to Exercise your Rights

Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.

You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Links to Other Resources

The Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information Security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

Data Breach

In the event we become aware that the security of the Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Services.

Changes and Amendments

At our discretion, we reserve the right to modify this Policy or its terms related to the Services at any time. We will revise the updated date at the bottom of this page when we do. We may also provide notice to you in other ways such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. You are responsible for reviewing this Policy to stay informed of updates. Your continued use of the Services after the effective date of the revised Policy will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Additional Policies

In addition to this Policy, additional policies also apply to use of our Services including our Terms of Service, which details the terms and conditions for usage of our Services.

Acceptance of Policies

This Policy and any other policies posted by us on the Services constitute the entire agreement.

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Services.

Contacting Us
If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us by email at contact@empowch.com. We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

Last Updated on October 18, 2022