Effective October 6th, 2020
“Affiliates” are companies related by common ownership or control, which may include financial or non-financial companies. Non-Affiliates are companies not related by common ownership or control.
“Aggregated Data” means aggregated data derived from User Information and transaction information from the Site, which data cannot reasonably be used to identify any User or other individual.
“Applicable Law” shall have the meaning given in the User Agreement, but for residents of the State of California, shall include the CCPA.
“Bank Account” has the meaning given in the User Agreement.
“BitRail Account Terms” has the meaning given in the User Agreement.
“BitRail Account Status” means the status of your BitRail Account with respect to a particular Transfer or transaction, such as whether it is subject to a Hold or other delay under the User Agreement or BitRail Account Terms.
“CCPA” means the California Consumer Privacy Act of 2018 and related regulations, as may be amended.
“Coins” has the meaning given in the User Agreement.
“Financial Information” is defined in Section I(1)(c) below.
“Host Site” has the meaning given in the User Agreement.
“Identity Verification Information” is defined in Section I(1)(a) below.
“Mobile Application” means an application having some or all of the functionality of the Site for use on Users’ mobile devices.
“Mobile Phone Subscriber Information” may include, without limitation, a User’s name, date of birth, postal address, billing zip code, telephone numbers, electronic mail addresses, credit card numbers, Customer Proprietary Network Information (CPNI), location information, handset and mobile device identifiers (International Mobile Subscriber Identity (IMSI) and International Mobile Equipment Identity (IMEI)), and other status details, if available, such as account information and credit information.
“Personal Information” means information that may be used to identify a specific individual, or that is about an identifiable individual, including but not limited to name, email address, phone number or credit card number.
“Purchase Data” means the name of the Payor/Payee, amount of and date of a Transfer using our Services, as well as any associated order number from the Host Site, if any.
“Registration Information” is defined in Section I(1)(a) below.
“Service(s)” means the services by BitRail available to Users on the Site and Mobile Applications.
“Support System” means the support system for Users of the Site available at https://www.bitrail.io/Support/.
“Transaction Information” is defined in Section I(1)(b) below.
“Transfer” has the meaning given in the User Agreement.
“User” means a visitor to our Site including but not limited to registered Users.
“User Information” means Registration Information, Transaction Information, and Financial Information of such User.
“Yodlee Interface” means the optional interface between BitRail and the User’s Bank Account facilitated by BitRail’s service provider Envestnet | Yodlee.
- Information We Collect On the Site and How We Use It
You can visit our Site and learn about the Services we provide without providing Personal Information. You do need to provide Personal Information, however, to use our Services. Certain items of non-personally identifiable information, such as IP address, are collected automatically from every Site visitor, even if not voluntarily provided, as discussed further below.
We collect and use Personal Information in the specific ways listed below, and generally to improve our Site and Services to you, as well as to meet our obligations under Applicable Law. We also use Personal Information you provide for other purposes consistent with the reason you provide such information to us.
- User Information. Below we describe the various components of your User Information and specific uses for each type of User Information. In addition to the uses described below, BitRail uses your User Information in the following ways:
- To provide the Services and customer support you request;
- To process transactions on the Site and Mobile Applications;
- To compare information for accuracy and share it with third parties to prevent fraud, prohibited or illegal activities;
- To send you transaction-related notifications about transactions you carry out on the Site and/or Mobile Applications;
- To enforce the User Agreement and perform our billing, administration and collections functions (and to contact you when necessary about these functions);
- To report information about your account, including late payments, missed payments or other delinquencies or defaults on your accounts, to credit reporting bureaus;
- To better understand your interests and for other marketing-related initiatives including customizing, personalizing, measuring, and improving our Services and the content and layout of our Site and/or Mobile Applications;
- To communicate with you and carry out actions requested by you (such as subscriptions to newsletters), including promotional messages and updates to our Services (some of which may be related to your transactions on the Site);
- To resolve disputes, collect fees and trouble-shoot problems;
- To share information with law enforcement or other governmental agencies or authorized third parties when required by Applicable Law pursuant to a criminal investigation;
- To share information with third parties as part of investigations of fraud or alleged illegal activity or any other activity that may expose you, us or another User of the Site to legal liability;
- For other required or permissible purposes under Applicable Law.
- Registration Information and Identity Verification Information. The Site’s registration process requires Users to provide us valid and accurate contact Personal Information including name, street address, birth date, email address, a User name of your choosing, and a password (collectively, “Registration Information”). In addition, if you do not choose a User name, a User name will be assigned to you.
At this time, whether you wish to use the Site as an individual or in connection with a business that you represent, we verify your eligibility for an account in your individual capacity.
We verify your account registration information either: (i) by obtaining a confirmation of identify verification (including all information described below as Identity Verification Information) from a Host Site where you have agreed to use the Services via that Host Site; or (ii) through a third-party identity verification service provider. This is done to prevent fraud. All information described in this Section is referred to as “Identity Verification Information.”
Pre-Fill Identity Verification Option. Our third party identity verification provider uses your Mobile Phone Subscriber Data, as defined above, from your mobile carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless carrier) to verify your identity and provide BitRail your mailing address, your Social Security Number (SSN) and a “Trust Score”. BitRail does not store your full SSN, only the last 4 digits. The “Trust Score” is a measure of the degree of confidence that you are a real person associated with the address you provided, and it does not relate to your credit or payment history.
Identity verification using your Mobile Phone Subscriber Information includes a Pre-Fill Form Option for us to use to expedite verifying your identity by using information verified by our third party identify verification provider. It requires you to provide us your express opt-in consent by clicking on the “OK” button on the consent page.
When you use this option, you authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber details, if available, to BitRail and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance.
Manual Identity Verification Option: Where you do not agree to the “Pre-Fill Form Option” above or where your identity cannot be verified using that option, BitRail can carry out a manual process to verify your identity. This requires you to submit written evidence of your name and address, including such documents as may be requested by BitRail such as a copy of your driver’s license, utility bill or similar documentation as may be requested by BitRail in its discretion.
If you are registering your account using a BitRail Mobile Application, verification of your identity by third party provider is automatic and you may not opt out of this identity verification service.
BitRail verifies your email address by sending you an email with a link for you to click on to confirm that it is your correct email address. You will not be permitted to use BitRail until your email address has been verified to BitRail’s satisfaction.
- Transaction Information. We collect certain information submitted or generated during transactions on the Site and Mobile Applications based on your activities, including: (i) the dates and amounts of Transfers and/or exchanges of currencies and/or Coins transacted; (ii) the Purchase Data; (iii) BitRail Account information of other parties to the Transfer and any Host Site identifier for the Transfer, such as a Host Site identifier for an item purchased or sold; and (iv) your BitRail Account Status (collectively, “Transaction Information”). We may also collect certain Personal Information that you provide through chats, correspondence or dispute resolution, which is also considered Transaction Information.
- Financial Information. If you use our Service, you must provide us financial information about the U.S.-based bank account you want to use for your BitRail Account including your bank account number, type of bank account, bank routing number, and billing address (“Financial Information”). Only the last 4 digits of your bank account number are visible to BitRail employees in the course of performing support and rendering the BitRail Services. This Financial Information is used to facilitate transactions you carry out on the Site and to collect on fees and debts incurred through your use of the Site. We share Financial Information with Affiliates and Non-Affiliate third parties to facilitate the completion of transactions on the Site and Mobile Applications, to respond to subpoenas, for other legal compliance purposes, and for billing and collections.
- Information Requests. We may ask you to provide Personal Information in order to allow us to respond to your requests for information or other requests made over the Site or Mobile Applications.
- Communications from BitRail. Most messages, notifications and communications generated by the Site result directly from the User’s actions (such as account Registration Information, confirmation of a transaction, or the User’s choice to subscribe to certain communications), or as necessary to inform you of changes to the Site or Services, or changes to the User Agreement including the BitRail Account Terms. Other messages may result from marketing initiatives on the Site; however, Users may opt-out of receiving marketing messages; see the section below entitled “Communications from the Site and Your Choices.”
Communications from our Site may contain web beacons or “clear.gif” images. These are small, usually transparent graphic images that can be used for recording when a message has been opened in order to track the performance of marketing campaigns. We and our third-party service providers currently log responses using web beacons, but this information is not stored or linked to your User Information in our systems.
- Other Information We Collect. We automatically collect your IP address when you visit our Site or use our Services. We use your IP address restrict your use of our Service in some geographic areas such as outside the United States. We also use your IP address to help diagnose problems with our server, and to administer our Site and Services. Your IP address is used to gather broad demographic information, and to track usage patterns in the Site. We also may collect geo-location information, device identification number, statistics about page views and standard web log information. We do not automatically correlate this information with User Information about individual Users, though if you disclose your location while using our Support System, it may be added to your User Information. Note, however, that our third-party website analytics service providers may correlate this information with you – see below under “WebSite Analytics” for your choices in this regard.
- Cookies. First party cookies refer to cookies that are set by our Site. We are the only ones with access to this information. Third party cookies or requests allow other third parties to have access to the information collected. These cookies are usually used for analytics and advertising.
What are cookies and why do we use them?
A cookie is a small text file containing alphanumeric characters that is downloaded and stored on your computer or other device when you visit websites and uniquely identifies your browser. You do not need to provide us with any Personal Information if you simply want to browse through our Site. Like many other websites, we may record information in first party cookies that your web browser routinely shares, such as your browser type, browser language, software and hardware attributes, the date and time of your visit, the website from which you came, the geographical location of the IP address and the pages on this Site that you visit. This will generally be data that we collect in order to compile Aggregated Data. We do not normally associate this data with the Personal Information that you provide to us, but we may do so to investigate apparent fraud or a threat to the Site, our business or our Users.
We use third party cookies to collect information about how Users use our Site.
Personal data collected and types of cookies and technologies used
- Functional Cookies. Functional cookies make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. We use Google Tag Manager on our Site to manage tags on our Site. It is not really a cookie, but it is essential to the functioning of the Site and cannot be opted out of. We use other cookies controlled by us to identify trusted web traffic and preserve your session across page requests.
- Analytics Cookies. Analytics cookies help website owners to understand how visitors interact with their website by collecting and reporting information anonymously. We use Google Analytics for this purpose.
- Advertising Cookies. Advertising cookies are used to track visitors across websites, including the websites of third parties, for the purpose of displaying ads that are relevant and engaging for the individual User and thereby more valuable for website publishers and advertisers. We use advertising cookies only to measure the effectiveness of our advertising of our Site on other websites. We do not allow advertising cookies on our Site that facilitate showing you ads on other websites.
We may also use web beacons or similar technology to help us track the effectiveness of our communications. A web beacon (also known as an action tag, a clear gif or pixel tag) is a 1×1 pixel image embedded in a website page used to transparently collect information. For example, we may use a web beacon to count the number of visits to the pages of our Site. If you have signed up to receive any of our e-mail newsletters, we use similar technology to count how many recipients have opened the message and clicked on one of its links.
Your Choices Regarding Cookies
Information captured through cookies is stored for a certain retention period. However, you can eliminate these cookies any time before the expiration date. You can opt out of many third-party cookies at http://www.aboutads.info/choices.
You also have the ability to manage your cookie settings from your browser. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable cookies, however, it may interfere with the functionality of our Site and you may not be able to use all of the Site’s features.
Details on how you can control and delete these cookies through your browser settings can be found through your browser’s specific settings or options page:
- Google Chrome
- Mozilla Firefox
- Microsoft Internet Explorer
- Safari for iOS (iPhone and iPad)
- Chrome for Android
- Windows Phone
You can also use cookie management and disposal tools at your own prerogative such as downloading and installing certain browser plug-ins.
You can opt-out of Google Analytics by downloading and installing the browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout.
Mobile App Opt-Out to limit interest-based advertising
To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS or “Opt-out of interest-based ads” for Android.
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org and https://www.networkadvertising.org/choices/%29.
- Mobile Devices. In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, including the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device and information about the way you use our mobile applications.
- How We Share Your Information
Below we describe how we share your Personal Information with our Affiliates, as well as with third parties.
- Sharing with Your Bank. At your direction, when you authorize an account connection on the Site between BitRail and a Bank Account you lawfully control or own and which you registered on the Site, BitRail and your bank will exchange Financial Information necessary to complete your transactions on the Site. Financial Information exchanged between BitRail and the bank at which your Bank Account is held may include account number, account balance and account and transactional information such as purchases and funds Transfers. Before authorizing an account connection between BitRail and your bank, you should review your bank’s privacy notice.
- Sharing with Coin Issuer and Coin Depositories. At your direction, when you authorize the purchase of one or more denominations of FreedomCoins or Coins of another participating Coin issuer or cryptocurrency on the Site, BitRail and the issuer of the Coins (in the case of FreedomCoins, BitRail) or a third-party depository company of Coins will exchange Financial Information necessary to complete your transactions on the Site. Financial Information exchanged between BitRail and the Coin issuer or depository company is limited to Purchase Data. Before authorizing an account connection between BitRail and any Coin issuer or depository company, you should review such third party’s privacy notice.
- Sharing with Affiliates. BitRail shares your User Information with our Affiliates acting as Host Sites only to carry out transactions requested by you on such Host Sites. In such cases, we may share Transaction Information including BitRail Account Status Data with such Affiliates with respect to transactions you request on such Host Site. We do not share your User Information with Affiliates for their marketing purposes.
- Sharing with Non-Affiliated Third Parties. Other than as described in this Section II.4 or with your express consent, we will not share your Personal Information collected on the Site or Mobile Applications with non-Affiliate third parties without your permission, except as necessary or appropriate to (i) carry out the transaction, activity or request made by you on the Site or Mobile Appications, (ii) comply with any Applicable Law, including court orders or other judicial process, or (iii) enforce or apply agreements with you, or protect the rights, property or safety of us, our Affiliates or third parties, or as otherwise required or permitted by Applicable Law.
- Host Sites. BitRail shares your User Information with third parties acting as Host Sites only to carry out transactions requested by you on such Host Sites. In such cases, we may share Transaction Information including Purchase Data and BitRail Account Status Data with such third parties with respect to transactions you request on such Host Site.
- Transaction Counterparties. BitRail shares Purchase Data with other BitRail Users with which you engage in Transfers on the Site or Mobile Applications.
- Sharing for Marketing Purposes. We do not share your Personal Information with any third parties for such third parties’ marketing purposes.
- Joint Marketing Partners. “Joint Marketing Partners” refers to Non-Affiliate companies that have a formal agreement with us to jointly market financial or other products or Services to you. We do not have any Joint Marketing Partners.
- Sharing with our Service Providers. We hire contractors to provide certain parts of the Services on our behalf, including in the case of the Yodlee Interface, providing viewing access to your bank account to expedite verification and funding your BitRail Account. Other contractors provide services such as trend and statistical analysis, marketing campaigns, information processing and storage, and development of new products and Services. As part of their services to us, these contractors may have access to some or all of the data that we maintain, including transaction data and your Personal Information, but they are always required to maintain the confidentiality of information they receive from us and are restricted from using the information for any purposes other than those authorized by us.
- Aggregated Data. We and our contractors may collect, share and sell Aggregated Data, such as statistical information regarding our Users and their transactions on the Site, with third parties.
III. Communications From the Site and Your Choices
- Email and Text Messages from Us. The Site sends two types of communications: (1) email and/or text message notifications related to transactions on the Site, and (2) promotional email and/or text messages, which may include newsletters or other subscription-based communications, follow-on messages with respect to your activity on the Site, or other marketing from us about our products and Services, or those of our Affiliates or trusted partners. Please see the descriptions below with respect to your choices for each.
- Transactional Messages. Notifications related to activity on the Site are generated as a result or registering as a User of the Site, and for conducting transactions. These notifications can include transaction notifications, billing messages, and other notifications related to activity on the Site. You cannot opt out of receiving email notifications related to transaction activity on the Site. You cannot opt out of receiving messages by email and/or text as part of our two-factor authentication process. Every time you log-in using a mobile phone, you will be required to complete our two-factor authentication process, which includes email and text messages. You will not receive any other types of text message notifications from us.
We may also send you certain notices, such as notices of a substantial change in the policies and/or operation of the Site. These notices are sent infrequently and cannot be opted out of other than by closing your account with us.
- Promotional Email and/or Text Messages. BitRail may send a variety of promotional email messages, but you are free to opt out of these at any time. Some promotional email messages relate to newsletters or other subscription-based items. In order to opt out of those messages, follow the instructions provided in the promotional message.
- Mobile Communications. Your consent in the User Agreement to receive texts from us is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email email@example.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of text messages, we reserve the right to make non-automated calls to you.
- Children’s Privacy
The Site is not intended for or directed to persons less than 18 years of age. The BitRail Mobile Applications are likewise not intended for or directed to persons less than 18 years of age. We do not knowingly solicit or collect personal information from or about persons under 18, and we do not knowingly market or sell products or Services to persons under 18. If you are under 18 years of age, do not use the Site or the BitRail Mobile Applications.
Similarly, of course, the Site is not intended for or directed to persons less than 13 years of age. In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly solicit or collect Personal Information from or about children under the age of 13 without first providing direct notice to a parent or guardian and obtaining verifiable consent of such parent or guardian.
For Persons Outside the United States
Security of Your Personal Information
As described above, we store and process your Personal Information using third party servers located in the United States. We use physical, electronic, and procedural safeguards to prevent the loss, misuse and alteration of the information under our control in compliance with applicable US federal and state laws and regulations. When you submit sensitive information via our Sites, such as bank account information, that information is subject to secure sockets layer (SSL) encryption technology. We comply with payment card industry (PCI) standards regarding the storage of Financial Information, such as bank account information.
We strive to keep our systems secure. However, despite our efforts, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your Personal Information during transmission, we cannot ensure or warrant the security of any information you transmit to us or receive from us. We urge you to take steps to keep your Personal Information safe (including your account password), log out of your account after use, and close your web browser. If you do share your password or Personal Information with anyone, you are responsible for all actions taken in your account’s name. If you lose control of your password, you may lose considerable control over your Personal Information and may be subject to legally binding actions taken on your behalf. Because of this, if the security of your password has been compromised in any way, you are responsible for immediately notifying us and for changing your password.
If BitRail learns of a breach of our system security, we may attempt to notify you electronically so that you can take appropriate protective actions. By using our Services, you agree that BitRail may communicate with you electronically regarding the security of your Personal Information. BitRail may post a notice on the Site or Mobile Application if it learns a security breach has occurred. We may also send an email to you at the email address you have provided us. Depending on where in the United States you live, you may also have a legal right to receive notice of a security breach from us in writing.
VII. Other Site-Related Items
- Other Sites. The websites of third parties may link to our Sites. We are not responsible for and have no liability for the privacy policies or practices of those websites. We recommend that you review the privacy policies of each website you visit.
- Submissions. Suggestions, materials or other intellectual property sent or transmitted to us via our Site are governed by the separate terms applicable to such materials identified at the time of submission (if any). All such Items shall be deemed to be non-confidential, and we shall have no obligation of any kind with respect to such Items and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
- Contact Us
You may review, update and modify your Registration Information by logging in and visiting Vault Settings on the Site. However, you will not be able to change your mailing address unless you interact with our Support System to verify a new address. At your request, we will close your account as soon as reasonably possible, in accordance with Applicable Law.
If you have any concern about the privacy practices of the Site, please contact us at following address with a detailed description, and we will try to resolve it:
800 Battery Avenue SE, Suite 3090, Atlanta Georgia 30339
The Support System for Users of the Site available at https://www.bitrail.io/Support/
Effective Date: January 1, 2020
Last Reviewed on: October 2, 2020May 15, 2020
California law including the CCPA requires us to disclose information regarding the categories of Personal Information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by Applicable Law) for which the information was collected, and the categories of parties with whom we share Personal Information.
We or our service providers may collect the below categories of information for the following business or commercial purposes (as those terms are defined in Applicable Law):
Examples of these types of uses are identified below and discussed more generally above. We may also use the below categories of Personal Information for compliance with Applicable Laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular User or device.
The table below describes the collection, use, and sharing of Personal Information collected by us or our service providers within the last twelve (12) months. The first column lists the categories of Personal Information we or our service providers have collected. The second column lists the categories of sources of that information. The third column lists how that information is used. The fourth column lists the categories of third parties we share it with.
If you are a California resident, you may have certain rights. Effective as of January 1, 2020, you may request that we:
To exercise any of the above rights, please contact us using the following information and submit the required verifying information online using our California Data Subject Access Form.
Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.
Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.
Minors’ Right to Opt In. We do not sell the Personal Information of minors under 16 years of age.
If you would like further information regarding your legal rights under California law or would like to exercise any of them, please email us at firstname.lastname@example.org.
You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in Applicable Law) for exercising certain of your rights. Certain information may be exempt from such requests under Applicable Law. We need certain types of information so that we can provide our products and Services to you. If you ask us to delete it, you may no longer be able to access or use our WebSites or purchase our products without providing the information again.
California law permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their ‘Personal Information’ (if any, and as defined under applicable California law) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email at email@example.com.
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating “Do Not Track” signals. Thus, the Site is unable to respond to “Do Not Track” signals. Please refer to the instructions in your browser in order to determine the appropriate settings in order to signal your preferences in this regard, but be aware that all of the functionality of the Site may not be available to you if your settings block tracking cookies placed by us or by third parties.
XII. GLBA Consumer Privacy Notice
Please see our GLBA Consumer Privacy Notice with respect to disclosures under the Gramm Leach Bliley Act.
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