Privacy Policy

Evident Privacy Policy

Last Modified: September 20, 2019

Evident Systems LLC and its affiliates (collectively “Evident”, “we” and “us”) respect your privacy. We offer services that enable banks, credit unions, and other platforms to safely conduct online payment transactions with their customers.

This Privacy Policy describes the types of Personal Information we collect through our real-time payments products and services (“Services”) and online via any of our websites or mobile applications (collectively, our “Sites”). This policy also describes how we use Personal Information, with whom we share it, your rights and choices, and how you can contact us about our privacy practices. This policy does not apply to third-party websites, products, or services, even if they link to or integrate our Services or Sites, and you should consider the privacy practices of those third-parties carefully.

1. Overview

Evident obtains Personal Information about you from various sources to provide our Services and to manage our Sites. “You” may be a visitor to one of our Sites, a commercial user of one or more of our Services (“Evident User”), or a customer of an Evident User (“Customer”). If you are a Customer, Evident will generally not collect your Personal Information directly from you. Your agreement with the relevant Evident User should explain how the Evident User shares your Personal Information with Evident and other third party service providers, and if you have questions about this sharing, then you should direct those questions to the Evident User.

2. How Evident Collects Personal Information

a. Personal Information that we collect about you.

The term “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate an individual, such as: name, address, email address, financial account or phone number. The Personal Information that you provide directly to us through our Sites, if any, will be evident from the context in which you provide it. In particular:

  • When you register for an Evident account we collect your company’s full name, email address of your authorized representative, and account log-in credentials.

  • When you select one of our Services we collect payment method information.

  • When you fill-in our online form to contact us, we collect your full name, email, phone number, and anything else you tell us about your project, needs and timeline.

  • When you respond to Evident emails or surveys from us, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Evident. If you contact us by phone as an Evident User, we may collect additional information in order to verify your identity.

  • If you are an Evident User, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).

  • If you are a Customer, when you make payments or conduct transactions through a Evident User’s website or application that integrates our Services, we will receive some of your transaction information. Depending on how the Evident User implements our Services, we may receive this information directly from you, from the Evident User, or third parties. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), monetary amount, date of transaction, and payment method. Different payment methods may require the collection of different categories of information. The Evident User will determine the payment methods that it enables you to use, and the payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by the Evident User. When you make a transaction, we may also receive your name, email, billing or shipping address and in some cases your transaction history to authenticate you.

  • If we conduct fraud monitoring, prevention and detection activities, we may also receive Personal Information about you from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may use technology that helps us assess the risk associated with an attempted transaction that is enabled on an Evident User’s website or the application that collects information.

You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, or (iv) in connection with an actual or potential business relationship with us.

b. Cookies and Anonymous Identifiers.

When you visit our Site or open our emails, we and our third-party partners, such as advertising networks and analytics providers, collect certain information by automated means, such as cookies, web beacons and web server logs. By using the Site, you consent to the placement of cookies, beacons, and other similar technology in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, location, mobile network information, operating system version, language preferences, referring URLs, and information about the usage of our Site and any other available usage information. We may use this information, for example, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We may link this data to your profile.

Our partners also may collect and combine information collected on our Site and emails with other information about your online activities over time, on other devices, and on other websites or apps, if those websites and apps also use the same partners. We currently use Google Analytics to collect and process certain website usage data. To learn more about Google Analytics and how to opt out, please visit www.google.com/policies/privacy/partners/.

You may be able to change browser settings to block and delete cookies when you access the Site through a web browser. However, if you do that, the Site may not work properly. The Site does not respond to browser do-not-track signals.

3. How We Use Personal Information

a. Our products and services.

We rely upon a number of legal grounds to ensure that our use of your Personal Information is compliant with applicable law. We use Personal Information to facilitate the business relationships we have with Evident Users and the relationships Evident Users have with their Customers, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Information to complete payment transactions and to provide payment-related services to Evident Users and their Customers.

We use Personal Information for the purpose of entering into business relationships with prospective Evident Users, and to perform the contractual obligations under the contracts that we have with Evident Users. This includes the creation and management of Evident User accounts and our accounting and billing activities as well as customer service operations.

We use Personal Information to verify the identity of Evident Users in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as AML (Anti-Money Laundering) and KYC (Know-Your-Customer) obligations, and financial reporting obligations.

We also rely on our legitimate business interests to process Personal Information. As part of these interests, we may use your information to:

  • Operate, evaluate and improve our business (including develop new products and services or improve them and your experience with them, performing data analytics, and performing accounting, auditing and other internal functions);

  • Support internal business operations, including assessing and managing risk and meeting legal and regulatory requirements;

  • Contact you by mail, telephone, text message, push notifications to your mobile device if you have downloaded our app and enabled notifications, or email, in connection with your account or to deliver updates to our services (for example, we may use email to send you information about our products or services and new offers which we think may interest you);

  • Provide technical support for using the Services;

  • Verify your identity, prevent or detect fraud or other unauthorized or illegal activity;

  • Comply with contractual obligations, relevant industry standards and our policies;

  • Monitor and analyze trends and usage;

  • Respond to your requests;

  • Resolve disputes; and

  • Enforce this Privacy Policy and any other terms that you have agreed to, including to protect the rights, property, or safety of us, Evident Users, or any other person or the copyright-protected content of the Services.

As a processor of payment transactions, we use Personal Information of our Evident Users’ Customers to process payment transactions with clearing houses on behalf of Evident Users. All such use is pursuant to the terms of our business relationships with our Evident Users. In addition, we may offer payment-related services to Evident Users who have requested such services, and our delivery of such related services to Evident Users may involve the use of Personal Information. The entity responsible for the collection and use of a Customer’s Personal Information in the context of payment transactions and payment-related services is the Evident User, not Evident.

If we need to use your Personal Information in other ways, we will provide specific notice at the time of collection and obtain your consent where required by applicable law.

b. Marketing and events-related communications.

We may send you email marketing communications about our Services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law.

c. Interest-based advertising.

When you visit our Sites or online services, both we and certain third parties collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests. We work with these partners and third-party service providers to serve you advertising using ad-related cookies and web beacons. You can opt-out of third-party advertising-related cookies and web beacons, in which case our advertising should not be targeted to you. You will continue to see our advertising on third party websites.

For more information on third-party advertising-related cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit About Ads.

4. How We Disclose Personal Information.

Evident does not sell or rent Personal Information to marketers or unaffiliated third parties. We share your Personal Information with trusted entities, as outlined below.

a. Evident. We share Personal Information within Evident in order to provide our Services and for internal administration purposes.

b. Service providers. We share Personal Information with a limited number of our service providers. We have service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Information to perform their services. We authorize such service providers to use or disclose the Personal Information only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Information they process on our behalf. Our service providers are predominantly located in the United States.

c. Business partners. We share Personal Information with third party business partners when this is necessary to provide our Services to our Users. Examples of third parties to whom we may disclose Personal Information for this purpose are clearing houses and payment method providers (such as credit card networks) when we provide payment processing services.

d. Evident Users and third parties authorized by Evident Users. We share Personal Information with Evident Users as necessary to maintain an Evident User account and provide the Services. We share data with parties directly authorized by Evident Users to receive Personal Information. The use of Personal Information by an authorized third party is subject to the third party’s privacy policy.

e. Change-In-Business. We may also share Personal Information with another business or non-affiliated entity or its affiliates, advisors or service providers in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of any or all of our assets (some of the Personal Information that we hold may be among the assets transferred to a buyer or other successor in connection with, or during negotiations of, any joint marketing relationship, merger, acquisition, sale of assets or any line of business, change in ownership control or financing transaction). If we do, we may not limit how such other party may use or further transfer your information.

f. Compliance and harm prevention. We share Personal Information as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of Evident, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

5. Your Rights and Choices.

You have choices regarding our use and disclosure of your Personal Information:

a. Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.

b. How you can see or change Evident account Personal Information. If you are an Evident User, and would like to review, correct, or update Personal Information that You have previously disclosed to us, you may do so by signing in to your Evident account or by contacting us.

c. Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Information we control about you:

  • The right to request confirmation of whether Evident processes Personal Information relating to you, and if so, to request a copy of that Personal Information;

  • The right to request that Evident rectifies or updates your Personal Information that is inaccurate, incomplete or outdated;

  • The right to request that Evident erase your Personal Information in certain circumstances provided by law;

  • The right to request that Evident restrict the use of your Personal Information in certain circumstances, such as while Evident considers another request that you have submitted (including a request that Evident make an update to your Personal Information); and

  • The right to request that we export to another company, where technically feasible, your Personal Information that we hold in order to provide Services to you.

  • Where the processing of your Personal Information is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Information on grounds relating to your particular situation.

d. Process for exercising data protection rights. In order to exercise your data protection rights, you may contact Evident as described in the Contact Us section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Information. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.

For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Information about you in order to provide our Services, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.

If you are a Customer of an Evident User, please direct your requests directly to the Evident User.

6. Security and Retention.

We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Information. We maintain organizational, technical and administrative measures designed to protect Personal Information within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Information is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.

If you are an Evident User, we retain your Personal Information as long as we are providing the Services to you. We retain Personal Information after we cease providing Services to you, even if you close your Evident account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

7. International Data Transfers.

Personal Information may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Information that we maintain about you to recipients in countries other than the country in which the Personal Information was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Information remains protected to the standards described in this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

Where applicable law requires us to ensure that an international data transfer is governed by a data transfer mechanism, we use one or more of the following mechanisms: EU Standard Contractual Clauses with a data recipient outside the EEA, verification that the recipient has implemented Binding Corporate Rules, or verification that the recipient adheres to the EU-US and Swiss-US Privacy Shield Framework.

8. Children’s Privacy.

The Site is not intended for children, and our Service is only intended for adults. As described in our Terms, no one under age 18 may provide any Personal Information to the Site and we do not intend to collect Personal Information from children. Parents or adults can use various readily available software programs or other methods to prevent children or minors from accessing the Site or our Services. If you believe we might have any information from or about an individual who is under the age limit for use of the Services or for an unintended applicant on our Site, such as a child, please contact us.

9. Updates To this Privacy Policy and Notifications.

We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Information practices or relevant laws. The “Last updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Services. We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Information collected by posting them on our website and, if you are an Evident User, by contacting you through your email address and/or the physical address listed in your Evident account.

10. Links To Other Websites.

The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.

11. Jurisdiction-specific Provisions.

California residents. If you are a California resident, then, subject to certain limits under California law, you may ask us to provide you with (i) a list of certain categories of Personal Information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and (ii) the identity of those third parties. To make this request, California residents may contact us as specified in the Contact Us section below.

12. Contact Us

If You have any questions or complaints about this Privacy Policy, please contact us electronically or send physical mail to:

hello\@evidentsystems.com

(703) 259-1199

12110 Sunset Hills Rd #600 Reston, VA 20190

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