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Privacy Policy

Last modified: 05/09/2016

Introduction

Birch Finance, LLC, a Florida limited liability company ("we", "us", "our" or "Birch"), respects your privacy and is committed to protecting it through our compliance with this Birch Privacy Policy (this "Policy").

This Policy describes the types of information we may collect from you or that you may provide when you access or use our website, applications, or services (collectively, the "Services") and our practices for collecting, using, maintaining, protecting and disclosing that information.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services.

By downloading, registering with, accessing or using the Services, you agree to this Policy. This Policy may change from time to time (see "Changes to Our Privacy Policy" below). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

This Policy applies only to information we collect on or from the Services and in e-mail, text and other electronic messages sent through or in connection with the Services. This Policy also applies to information we collect when you interact with our advertising and applications on third party websites and services, if such advertising or applications include links to this Policy.

This Policy does not apply to information that we collect offline, on any other Birch services, applications or products or through any other means, including any other website or service operated by any third party. This Policy does not apply to information that you provide to or is collected by any third party (see "Third Party Information Collection" below).

Information we collect and how we collect it

We collect two types of information from and about users of the Services: personal information and non-personal information. Personally identifiable information ("Personal Information") refers to information by which you may be personally identified, such as your name, address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline. Non-personally identifiable information ("Non-Personal Information") refers to information that is anonymous, aggregated or is about you but does not, by itself, identify you, such as your gender, income and browser type.

Information You Provide to Us

Registration Information: When you download, register for a Birch account or use the Services, you will be asked to provide certain Personal Information, such as your first name, last name, and e-mail address and Non-Personal Information, such as date, time, and location of access to the Services.
Account Information: If you register for a Birch account, in order to provide you full access to and use of the Services, you will also be asked to link your Birch account with your accounts at financial institutions and other financial services companies (collectively, "Third Party Providers") and provide your usernames, passwords and other account information for your current credit and debit online accounts ("Account Information"). This Account Information is used and stored in accordance with this Privacy Policy and the Terms of Use governing your use of the Services. The Account Information may be submitted to Third Party Providers in order to access, retrieve and use the information associated with your account with the Third Party Providers as provided in the Terms of Use. In addition, Birch may store this data for your use of the Services and/or configure or transmit the Account Information to make it compatible with the websites of the Third Party Providers.

Information we collect automatically

We may automatically collect certain types of information when you download, access and use the Services, such as the following:

Usage Details: When you access or use the Services, we may automatically collect certain details of your access to and use of the Services, including data, logs and other communication data and the resources that you access and use on or through the Services.
Device Information: We may collect information about your computer, mobile device, and internet connection, including your IP address, operating system, browser type, mobile device identifier, mobile network information and device’s telephone number.

Other information we may collect

Stored Information and Files: We may access and store metadata and other information associated with other files stored on the Services and your device. This may include, for example, documents, photographs and videos.

Correspondence With Us: We may ask you for information when you report a problem with the Services. If you contact us, we will collect records and copies of your correspondence (including e-mail addresses). We also collect your responses to surveys that we might ask you to complete for research purposes.

Account Profile: You also may provide information, such as your username, name or optional fields, to be displayed on certain areas of the Services that are accessible by other users or transmitted to other users of the Services or third parties. Your user contributions are posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions will not be viewed by unauthorized persons.

Information collection and tracking technologies

The technologies we use for automatic data collection may include "cookies" or similar technologies. A cookie is a small file placed on your computer or mobile device that uniquely identifies your browser or device. You may refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of the Services and other parts of the Services may not work properly.

Third Party Information Collection

When you use any of the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include advertisers, analytics companies, your mobile device manufacturer, you mobile service provider, content providers and application providers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see "Choices About How We Use and Disclose Your Information" below.

How we use your information

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To provide you with the Services and content, and any other information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To develop new products and content.
  • To provide you with notices about your Birch account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you when updates are available, and of changes to any of the Services we offer or provide through the Services.
  • To allow you to participate in interactive features on or through the Services.
  • To contact you about information and offers for goods and services from us and third parties that may be of interest to you. If you do not want us to use your information in this way, please send us an e-mail stating your request to team@birchfinance.com.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

The information we collect helps us to improve the Services and to deliver a better and more personalized experience. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

The information that is collected is also used in the aggregate as analytical and statistical data that may be collected, monitored, monetized and analyzed by us and/or trusted third party service providers to increase the functionality of the Services, analyze trends and behaviors and for market research. We collect and use this information with information from other users and sources so that the information cannot reasonably be used to identify you or any other user. For example, we may use the aggregated information we have collected about our users’ general spending patterns to analyze behaviors in a non-personally identifiable way. Third party service providers may collect information about the Services including how fast a server responds to user requests and the speed at which a page is loading in a user’s browser. These third party service providers have their own privacy policies addressing how they use information. The information we automatically collect does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.

Disclosure of your information

We may disclose aggregated information about our users, and Non-Personal Information, without restriction. For more information, see "Information We Collect Automatically" above.

We may disclose Personal Information that we collect or you provide as described in this Policy:

  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Birch’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Birch about our users is among the assets transferred.
  • To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. For more information, see "Choices About How We Use and Disclose Your Information" below.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any agreements entered into between you and us, including our Terms of Use, and for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Birch, our customers or others.

Choices about how we use and disclose your information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You may refuse to accept cookies by activating the appropriate setting on your device. You can set your browser to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, please note that some parts of the Services may then be inaccessible or not function properly.
  • Promotion by Birch. If you do not want us to use your e-mail address to promote our own or third parties’ products or services, you can opt-out by clicking on the unsubscribe link contained in the promotional, marketing, or other similar e-mail. You can also always opt-out by sending us an e-mail stating your request to team@birchfinance.com
  • Disclosure of Your Information for Third Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an e-mail stating your request to team@birchfinance.com

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI’s website.

Accessing and correcting your information

You can review and change your Personal Information by visiting your account profile page. You may also send us an e-mail team@birchfinance.com to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your user contributions from the Services, copies of your user contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Services. Proper access and use of information provided on the Services is governed by our Terms of Use.

Data security

We strive to protect your Personal Information from unauthorized access, use, disclosure, modification, or destruction. We take reasonable measures to implement and maintain security procedures and practices appropriate to the type of information we store.

Participation in official "beta" trials may impose additional limitations specific to the trial due to technical limitations such as bugs and other errors. Due to the nature of the beta trials we cannot not guarantee the security of your Personal Information during such trials. You acknowledge and agree that your participation in any beta trials and your use of the Services during any such trial is at your own risk.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain Services, or parts thereof, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through the Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

The Services may contain hyperlinks to other third party websites and services that we do not operate. We are not responsible for the content, privacy policies, or security practices of any third party websites or services. Before providing any information to a third party website or service, we strongly recommend that you carefully review and consider the privacy policy of other websites and services you visit.

Persons under the age of 18

The Services are not intended for persons under 18 years of age. We do not knowingly collect Personal Information from persons under the age of 18. If we learn we have collected or received Personal Information from a person under the age of 18, we will delete such information. If you believe we might have any information from or about a person under the age of 18, please contact us at team@birchfinance.com

Changes to our privacy policy

We reserve the right to modify this Policy from time to time. We will post any changes to this Policy on this page. If we make material changes, as determined in our sole discretion, to how we treat our users’ Personal Information, we will notify you by e-mail to the e-mail address specified in your account, through a notice on the Services and/or through an alert the first time you access or use the Services after we make the change.

The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you and for periodically visiting this Policy to check for any changes.

Contact information

To ask questions or comment about this Policy and our privacy practices, please feel free to contact us at:

Birch Finance, LLC
325 NW 30th Street
Gainesville, FL 32607

team@birchfinance.com